Okla. Stat. tit. 10A, § 10A-1-2-106
This is the official text of Okla. Stat. tit. 10A, § 10A-1-2-106, part of Oklahoma’s Stat. tit. 10A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 10A,." Browse the sections below, each linked to its official government source.
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Notice to person being investigated
Official statutory text
At the initial time of contact with a person responsible for the
health, safety, or welfare of a child who is the subject of an
investigation pursuant to the Oklahoma Children’s Code, the
Department of Human Services shall advise the person of the specific
complaint or allegation made against the person. If the Department
is unable to locate the person, as soon as possible after initiating
the investigation of the person, the Department shall provide to the
person a brief and easily understood written description of the
investigation process. Notice shall include:
1. A statement that the investigation is being undertaken by
the Department pursuant to the requirements of the Oklahoma
Children’s Code in response to a report of child abuse or neglect;
2. A statement that the identity of the person who reported the
incident of abuse is confidential and may not even be known to the
Department since the report could have been made anonymously;
3. A statement that the investigation is required by law to be
conducted in order to enable the Department to identify incidents of
abuse or neglect in order to provide protective or preventive social
services to families who are in need of such services;
4. A statement that, upon completion of the investigation, a
letter will be sent from the Department which will inform the
person:
a. that the Department has found insufficient evidence of
abuse or neglect, or
b. that there appears to be probable cause to suspect the
existence of child abuse or neglect in the judgment of
the Department;
5. An explanation of the procedures of the Department for
conducting an investigation of alleged child abuse or neglect,
including:
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 61
a. a description of the circumstances under which the
Department would seek to remove the child from the
home through the judicial system, and
b. an explanation that the law requires the Department to
refer all reports of child abuse or neglect to a law
enforcement agency for a separate determination of
whether a criminal violation occurred;
6. The procedures to follow if there is a complaint regarding
the actions of the Department or to request a review of the findings
made by the Department during or at the conclusion of the
investigation;
7. The right of the person to review records filed with the
court in the event an action is filed;
8. The right of the person to seek legal counsel;
9. References to the statutory and regulatory provisions
governing child abuse and neglect and how the person may obtain
copies of those provisions;
10. The process the person may use to acquire visitation with
the child if the child is removed from the home; and
11. A statement that a failure to appear for court proceedings
may result in the termination of the person’s parental rights to the
child.
health, safety, or welfare of a child who is the subject of an
investigation pursuant to the Oklahoma Children’s Code, the
Department of Human Services shall advise the person of the specific
complaint or allegation made against the person. If the Department
is unable to locate the person, as soon as possible after initiating
the investigation of the person, the Department shall provide to the
person a brief and easily understood written description of the
investigation process. Notice shall include:
1. A statement that the investigation is being undertaken by
the Department pursuant to the requirements of the Oklahoma
Children’s Code in response to a report of child abuse or neglect;
2. A statement that the identity of the person who reported the
incident of abuse is confidential and may not even be known to the
Department since the report could have been made anonymously;
3. A statement that the investigation is required by law to be
conducted in order to enable the Department to identify incidents of
abuse or neglect in order to provide protective or preventive social
services to families who are in need of such services;
4. A statement that, upon completion of the investigation, a
letter will be sent from the Department which will inform the
person:
a. that the Department has found insufficient evidence of
abuse or neglect, or
b. that there appears to be probable cause to suspect the
existence of child abuse or neglect in the judgment of
the Department;
5. An explanation of the procedures of the Department for
conducting an investigation of alleged child abuse or neglect,
including:
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 61
a. a description of the circumstances under which the
Department would seek to remove the child from the
home through the judicial system, and
b. an explanation that the law requires the Department to
refer all reports of child abuse or neglect to a law
enforcement agency for a separate determination of
whether a criminal violation occurred;
6. The procedures to follow if there is a complaint regarding
the actions of the Department or to request a review of the findings
made by the Department during or at the conclusion of the
investigation;
7. The right of the person to review records filed with the
court in the event an action is filed;
8. The right of the person to seek legal counsel;
9. References to the statutory and regulatory provisions
governing child abuse and neglect and how the person may obtain
copies of those provisions;
10. The process the person may use to acquire visitation with
the child if the child is removed from the home; and
11. A statement that a failure to appear for court proceedings
may result in the termination of the person’s parental rights to the
child.
Status: in_force · Read it on the official government site
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