§ 10A-1-2-105. Investigation of child abuse or neglect – Assessment of family – Immediate removal of child - Report – Voluntary services - Temporary restraining order - Investigation by State Bureau of Investigation.

A.  1.  Any county office of the Department of Human Services receiving a child abuse or neglect report shall promptly respond to the report by initiating an investigation of the report or an assessment of the family in accordance with priority guidelines established by the Department.  The Department may prioritize reports of alleged child abuse or neglect based on the severity and immediacy of the alleged harm to the child.  The Department shall adopt a priority system pursuant to rules promulgated by the Commission for Human Services.  The primary purpose of the investigation or assessment shall be the protection of the child.

2.  If an investigation or assessment conducted by the Department in response to any report of child abuse or neglect shows that the incident reported was the result of the reasonable exercise of parental discipline involving the use of ordinary force, including, but not limited to, spanking, switching, or paddling, the investigation or assessment will proceed no further and all records regarding the incident shall be expunged.

B.  1.  The investigation or assessment shall include a visit to the home of the child, unless there is reason to believe that there is an extreme safety risk to the child or worker or it appears that the referral has been made in bad faith.  The visit shall include an interview with and examination of the subject child and may be conducted at any reasonable time and at any place including, but not limited to, the child's school.  The Department shall notify the person responsible for the health, safety, and welfare of the child that the child has been interviewed at a school.  The investigation or assessment may include an interview with the parents of the child or any other person responsible for the health, safety, or welfare of the child and an interview with and examination of any child in the home.

2.  The investigation or assessment may include a medical, psychological, or psychiatric examination of any child in the home.  If admission to the home, school, or any place where the child may be located cannot be obtained, then the district court having jurisdiction, upon application by the district attorney and upon cause shown, shall order the person responsible for the health, safety, or welfare of the child, or the person in charge of any place where the child may be located, to allow entrance for the interview, the examination, and the investigation or assessment.  If the person responsible for the health, safety, or welfare of the child does not consent to a medical, psychological, or psychiatric examination of the child that is requested by the Department, the district court having jurisdiction, upon application by the district attorney and upon cause shown, shall order the examination to be made at the times and places designated by the court.

3.  The investigation or assessment may include an inquiry into the possibility that the child or a person responsible for the health, safety, or welfare of the child has a history of mental illness.  If the person responsible for the child's health, safety, or welfare does not allow the Department to have access to behavioral health records or treatment plans requested by the Department, which may be relevant to the alleged abuse or neglect, the district court having jurisdiction, upon application by the district attorney and upon good cause shown, shall by order allow the Department to have access to the records pursuant to terms and conditions prescribed by the court.

4.a.If the court determines that the subject of the behavioral health records is indigent, the court shall appoint an attorney to represent that person at the hearing to obtain behavioral health records.

b.A person responsible for the health, safety, or welfare of the child is entitled to notice and a hearing when the Department seeks a court order to allow a psychological or psychiatric examination or access to behavioral health records.

c.Access to behavioral health records does not constitute a waiver of confidentiality.

5.  The investigation of a report of sexual abuse or serious physical abuse or both sexual abuse and serious physical abuse shall be conducted, when appropriate and possible, using a multidisciplinary team approach as provided by Section 1-9-102 of this title.  Law enforcement and the Department shall exchange investigation information.

C.  1.  Every physician, surgeon, or other health care provider making a report of abuse or neglect as required by this section or examining a child to determine the likelihood of abuse or neglect and every hospital or related institution in which the child was examined or treated shall provide copies of the results of the examination or copies of the examination on which the report was based and any other clinical notes, x-rays, photographs, and other previous or current records relevant to the case to law enforcement officers conducting a criminal investigation into the case and to employees of the Department conducting an assessment or investigation of alleged abuse or neglect in the case.

2.  As necessary in the course of conducting an assessment or investigation, the Department may request and obtain, without a court order, copies of all prior medical records of a child including, but not limited to, hospital records, medical, and dental records.  The physician-patient privilege shall not constitute grounds for failure to produce such records.

D.  If, before the assessment or investigation is complete, the Department determines that immediate removal of the child is necessary to protect the child from further abuse or neglect, the Department shall recommend that the child be taken into custody.

E.  The Department shall make a complete written report of the investigation.  The investigation report, together with its recommendations, shall be submitted to the appropriate district attorney's office.  Reports of assessment recommendations shall be submitted to appropriate district attorneys.

F.  The Department, where appropriate and in its discretion, shall identify prevention and intervention-related services available in the community and refer the family to or arrange for such services when an investigation or assessment indicates the family would benefit from such services, or the Department may provide such services directly.  The Department shall document in the record its attempts to provide, refer or arrange for the provision of, voluntary services and shall determine within sixty (60) days whether the family has accessed those services directly related to safety of the child.  If the family refuses voluntary services or does not access those services directly related to safety of the child, and it is determined by the Department that the child’s surroundings endanger the health, safety, or welfare of the child, the Department may recommend that the child be placed in protective or emergency custody or that a petition be filed.

G.  If the Department has reason to believe that a person responsible for the health, safety, and welfare of the child may remove the child from the state before the investigation is completed, the Department may request the district attorney to file an application for a temporary restraining order in any district court in the State of Oklahoma without regard to continuing jurisdiction of the child.  Upon cause shown, the court may enter a temporary restraining order prohibiting the parent or other person from removing the child from the state pending completion of the assessment or investigation.

H.  The Director of the Department or designee may request an investigation be conducted by the Oklahoma State Bureau of Investigation or other law enforcement agency in cases where it reasonably believes that criminally injurious conduct including, but not limited to, physical or sexual abuse of a child has occurred.

Added by Laws 1995, c. 353, § 6, eff. Nov. 1, 1995.  Amended by Laws 1996, c. 200, § 12, eff. Nov. 1, 1996; Laws 1998, c. 416, § 14, eff. Nov. 1, 1998; Laws 1999, c. 425, § 1, eff. Nov. 1, 1999; Laws 2000, c. 374, § 32, eff. July 1, 2000; Laws 2006, c. 205, § 16, eff. Nov. 1, 2006; Laws 2009, c. 233, § 83, emerg. eff. May 21, 2009.  Renumbered from § 7106 of Title 10 by Laws 2009, c. 233, § 216, emerg. eff. May 21, 2009.  Amended by Laws 2009, c. 338, § 11, eff. July 1, 2009; Laws 2010, c. 278, § 2, eff. Nov. 1, 2010.