Okla. Stat. tit. 10A, § 10A-1-2-102v2

referrals by Department of Human Services – Investigations by law

enforcement agencies.

A. 1. Upon receipt of a report that a child may be abused,

neglected or drug-endangered, the Department of Human Services shall

conduct a safety analysis.

2. The Department may employ or contract with active or retired

social work, medical and law enforcement professionals who shall be

strategically placed throughout the state to:

a. provide investigation support and to assist

caseworkers with assessment decisions and intervention

activities,

b. serve as consultants to caseworkers in all aspects of

their duties, and

c. designate persons who shall act as liaisons within the

Department whose primary functions are to develop

relationships with local law enforcement agencies and

courts.

3. The Department shall forward a report of its assessment or

investigation and findings to any district attorney's office which

may have jurisdiction to file a petition pursuant to Section 1-4-101

of this title.

4. The Department shall determine the military status of

parents whose children are subject to abuse or neglect. If the

Department determines that a parent or guardian is currently serving

on active duty in the United States military, the Department shall

notify a United States Department of Defense family advocacy program

that there is an investigation into the parent or guardian. The

Department shall forward a report of its assessment or investigation

and findings to the appropriate military law enforcement entity.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 53

5. Whenever the Department determines there is a child that

meets the definition of a "drug-endangered child", as defined in

Section 1-1-105 of this title, or a child has been diagnosed with

fetal alcohol syndrome and the referral is accepted for

investigation, the Department shall conduct an investigation of the

allegations and shall not limit the evaluation of the circumstances

to an assessment.

6. Whenever the Department determines an infant has been

diagnosed with Neonatal Abstinence Syndrome or a Fetal Alcohol

Spectrum Disorder, but the referral is not accepted for

investigation, the Department shall develop a plan of safe care that

addresses both the infant and affected family member or caregiver.

The plan of safe care shall address, at a minimum, the health and

substance use treatment needs of the infant and affected family

member or caregiver.

B. 1. If, upon receipt of a report alleging abuse or neglect

or during the assessment or investigation, the Department determines

that:

a. the alleged perpetrator is someone other than a person

responsible for the child's health, safety, or

welfare, and

b. the alleged abuse or neglect of the child does not

appear to be attributable to failure on the part of a

person responsible for the child's health, safety, or

welfare to provide protection for the child,

the Department shall immediately make a referral, in writing, to the

appropriate local law enforcement agency for the purpose of

conducting a possible criminal investigation. The Department shall

maintain a record of its transmission of each report to law

enforcement.

2. After making the referral to the law enforcement agency, the

Department shall not be responsible for further investigation

unless:

a. the Department has reason to believe the alleged

perpetrator is a parent of another child, not the

subject of the criminal investigation, or is otherwise

a person responsible for the health, safety, or

welfare of another child,

b. notice is received from a law enforcement agency that

it has determined the alleged perpetrator is a parent

of or a person responsible for the health, safety, or

welfare of another child not the subject of the

criminal investigation, or

c. the appropriate law enforcement agency requests the

Department to assist in the investigation. If funds
health, safety, or

welfare of another child,

b. notice is received from a law enforcement agency that

it has determined the alleged perpetrator is a parent

of or a person responsible for the health, safety, or

welfare of another child not the subject of the

criminal investigation, or

c. the appropriate law enforcement agency requests the

Department to assist in the investigation. If funds

and personnel are available, as determined by the

Director of the Department or a designee, the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 54

Department may assist law enforcement in interviewing

children alleged to be victims of physical or sexual

abuse.

3. If, upon receipt of a report alleging abuse or neglect or

during the assessment or investigation, the Department determines

that the alleged abuse or neglect of the child involves:

a. a child in the custody of the Office of Juvenile

Affairs, and

b. at the time of the alleged abuse or neglect, such

child was placed in a secure facility operated by the

Office of Juvenile Affairs, as defined by Section 2-1-

103 of this title,

the Department shall immediately make a referral, either verbally or

in writing, to the appropriate law enforcement agency for the

purpose of conducting a possible criminal investigation. After

making the referral to the law enforcement agency, the Department

shall not be responsible for further investigation.

C. 1. Any law enforcement agency receiving a referral as

provided in this section shall provide the Department with a copy of

the report of any investigation resulting from a referral from the

Department.

2. Whenever, in the course of any criminal investigation, a law

enforcement agency determines that there is cause to believe that a

child, other than a child in the custody of the Office of Juvenile

Affairs and placed in an Office of Juvenile Affairs secure juvenile

facility, may be abused or neglected by reason of the acts,

omissions, or failures on the part of a person responsible for the

health, safety, or welfare of the child, the law enforcement agency

shall immediately contact the Department for the purpose of an

investigation.

D. If, upon receipt of a report alleging abuse or neglect, the

Department determines that the family has been the subject of a

deprived petition, the Department shall conduct a thorough

investigation of the allegations and shall not limit the evaluation

of the circumstances to an assessment. In addition, if the family

has been the subject of three or more referrals, the Department

shall conduct a thorough investigation of the allegations and shall

not limit the evaluation of the circumstances to an assessment.

E. For the purposes of this section, "law enforcement" shall

include military law enforcement if the subject of an investigation

of abuse or neglect is currently serving in any branch of the United

States military.

F. The Department shall promulgate rules to implement the

provisions of this section.