Okla. Admin. Code § 340:75-6-48.3

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

Section 340:75-6-48.3 - [Effective until 9/14/2025] Children missing from care

(a) A child or youth missing from care is one who runs away, is abducted, or is otherwise absent from placement.

(b) Per Section 1-9-123 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-9-123) Oklahoma Human Services (OKDHS) takes appropriate steps when a child or youth in DHS custody or under DHS supervision is missing from care or when OKDHS has reasonable cause to believe a child or youth is currently, or is at risk of being, a victim of sex trafficking, including a child or youth:

(1) for whom OKDHS has an open case file, but who was not removed from the home;

(2) who ran away from foster care and has not attained 18 years of age; or

(3) who is not in foster care, but is receiving services.

(c) When notified a child or youth is missing from care, the child welfare (CW) specialist within 24 hours of notification, reports the child's or youth's status to the:

(1) appropriate law enforcement jurisdiction and requests the report be sent to the National Crime Information Center; and

(2) National Center for Missing and Exploited Children (NCMEC). Where reasonably possible, the report submitted to law enforcement and NCMEC includes:

(A) a photo of the missing or abducted child or youth;

(B) a description of the child's or youth's physical features, such as height, weight, sex, ethnicity, race, hair color, and eye color; and

(C) endangerment information, such as the child's or youth's pregnancy status, prescription medications, tendency toward suicidal thoughts, vulnerability to being a victim of sex trafficking, and other health or risk factors.

(d) When a child or youth in OKDHS custody or under OKDHS supervision is missing from care, OKDHS:

(1) immediately takes steps to locate the child or youth;

(2) determines the primary factors that contributed to the child or youth running away or otherwise being absent from placement;

(3) documents and responds, to the extent possible and appropriate, to those factors that contributed to the absence from care or runaway behaviors in the current and subsequent placements of the child or youth; and

(4) determines what the child or youth experienced while missing from care, including an appropriate screening to see if the child or youth is a possible victim of sex trafficking.

(e) After receiving information on a child or youth who is identified as a sex trafficking victim, CW specialist reports to appropriate law enforcement jurisdictions immediately and in no case later than 24 hours,, per 10A O.S. § 1-1-105.

(f) Runaway juveniles from other states, with or without delinquent status, may be held in a detention facility, per 10A O.S. § 2-3-101 and the Interstate Compact for Juveniles Act, 10A O.S. §§ 2-9-101 through 2-9-116.

(g) OKDHS maintains regular communication with law enforcement and the NCMEC to provide for a safe recovery of a missing or abducted child or youth, including by sharing information pertaining to the child's or youth's recovery and circumstances related to the recovery.

Okla. Admin. Code § 340:75-6-48.3

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017

Amended by Oklahoma Register, Volume 42, Issue 7, December 16, 2024, eff. 10/10/2024, exp. 9/14/2025 (Emergency)