Okla. Admin. Code § 340:75-3-460

Current through Vol. 42, No. 7, December 16, 2024

Section 340:75-3-460 - Child death or near-death review

(a)Child death or near-death definitions. The following words and terms shall have the following meanings, when Oklahoma Human Services OKDHS investigates a child death or near-death or is required to disclose certain information after a child death or near-death that does not meet OKDHS criteria for investigation, per Section 1-6-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-6-105).

(1)"Abuse" means harm or threatened harm or failure to protect from harm or threatened harm to the child's health, safety, or welfare by a person responsible for the child (PRFC) including, but not limited to, non-accidental physical or mental injury, sexual abuse, or sexual exploitation. However nothing contained in this Section prohibits any parent from using ordinary force as a means of discipline including, but not limited to, spanking, switching, or paddling.

(2)"Near-death" means a child is in serious or critical condition as verified by a physician, registered nurse, or other licensed health care provider. Verification of the child's medical condition may be provided in person, by phone, email, facsimile, or mail.

(3)"PRFC" means, for the purposes of this Statute only:

(A) a PRFC, per 10A O.S. § 1-1-105;

(B) any person who voluntarily accepted the duty of supervising a child; or

(C) any person who was directed or authorized by the PRFC to supervise a child's health, safety, or welfare.

(b)Child death or near-death investigation protocol. The child death or near-death investigation requires a multidisciplinary approach. The protocol used during the child death or near-death investigation is the same protocol used in other in-home and out-of-home investigations but includes additional interviews, coordination with law enforcement and medical professionals, and evaluation of case records, per Oklahoma Administrative Code (OAC) 340:75-3-200.

(c)Child death and near-death investigations subject to program, administrative, or committee review. The child death or near-death resulting from suspected abuse or neglect investigated by OKDHS is subject to evaluation by program, administrative, or committee review.

(d)Public disclosure of OKDHS child death and near-death information. Requests for the release of information concerning the DHS-investigated OKDHS-investigated child death and near-death are processed, per OAC 340:75-1-44.

(e)Death and near-death notice provided to Governor and Legislature. When OKDHS has reasonable cause to suspect the child death or near-death is the result of abuse or neglect, OKDHS notifies the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives of the initial investigative findings of the child protective services review, per 10A O.S. § 1-6-105. Notice is communicated securely no later than 24 hours after the determination of reasonable suspicion.

(f)Child maltreatment review. When a child maltreatment medical review is conducted by a child abuse examiner or a child abuse pediatrician regarding a child death, the child maltreatment medical review is considered prior to closing a child death investigation, per 10 O.S. § 1150.6.

Okla. Admin. Code § 340:75-3-460

Added at 30 Ok Reg 389, eff 7-1-13

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/16/2019

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021