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§10-7102.
§10-7102.
A. 1. It is the policy of this state to provide for the protection of
children who have been abused or neglected and who may be further
threatened by the conduct of persons responsible for the care and
protection of such children.
2. It is the policy of this state that in responding to a report of
child abuse or neglect, in any necessary removal of a child from the
home, in placements of a child required pursuant to the Oklahoma Child
Abuse Reporting and Prevention Act and in any administrative or
judicial proceeding held pursuant to the provisions of the Oklahoma
Child Abuse Reporting and Prevention Act, the best interests of the
child shall be of paramount consideration.
B. As used in the Oklahoma Child Abuse Reporting and Prevention Act:
1. "Abuse" means harm or threatened harm to a child's health or safety
by a person responsible for the child's health or safety including
sexual abuse and sexual exploitation;
2. "Harm or threatened harm to a child's health or safety" includes,
but is not limited to:
a. nonaccidental physical or mental injury,
b. sexual abuse,
c. sexual exploitation,
d. neglect, or
e. failure or omission to provide protection from harm or threatened
harm;
3. "Neglect" means failure or omission to provide:
a. adequate food, clothing, shelter, medical care, and supervision, or
b. special care made necessary by the physical or mental condition of
the child;
4. "Child" means any person under the age of eighteen (18) years
except any person convicted of a crime specified in Section 7306-1.1
of this title or any person who has been certified as an adult
pursuant to Section 7303-4.3 of this title and convicted of a felony;
5. "Person responsible for a child's health or safety" includes a
parent; a legal guardian; custodian; a foster parent; a person
eighteen (18) years of age or older with whom the child's parent
cohabitates or any other adult residing in the home of the child; an
agent or employee of a public or private residential home,
institution, facility or day treatment program as defined in Section
175.20 of this title; or an owner, operator, or employee of a child
care facility as defined by Section 402 of this title;
6. "Sexual abuse" includes but is not limited to rape, incest and lewd
or indecent acts or proposals, as defined by law, by a person
responsible for the child's health or safety;
7. "Sexual exploitation" includes, but is not limited to, allowing,
permitting, or encouraging a child to engage in prostitution, as
defined by law, by a person responsible for the child's health or
safety or allowing, permitting, encouraging, or engaging in the lewd,
obscene, or pornographic photographing, filming, or depicting of a
child in those acts as defined by the state law, by a person
responsible for the child's health or safety;
8. "Multidisciplinary personnel" means any team established pursuant
to Section 7110 of this title of three or more persons who are trained
in the prevention, identification, investigation, prosecution and
treatment of child physical and sexual abuse or neglect cases and who
are qualified to facilitate a broad range of interventions and
services related to child abuse or neglect;
9. "Assessment" means a systematic process utilized by the Department
of Human Services to respond to reports of alleged child abuse or
neglect which, according to priority guidelines established by the
Department, do not constitute a serious and immediate threat to the
child's health or safety. The assessment includes, but is not limited
to, the following elements: an evaluation of the child's safety, a
determination of the factors of the alleged abuse or neglect, and a
determination regarding the family's need for prevention and
intervention-related services;
10. "Investigation" means an approach utilized by the Department to
respond to reports of alleged child abuse or neglect which, according
to priority guidelines established by the Department, constitute a
serious and immediate threat to the child's health or safety. An
investigation includes, but is not limited to, the following elements:
an evaluation of the child's safety, a determination whether or not
child abuse or neglect occurred, and a determination regarding the
family's need for prevention and intervention-related services;
11. "Services not needed determination" means a report in which a
child protective services worker, after initiating an investigation or
assessment, determines that there is no identified risk of abuse or
neglect;
12. "Services recommended determination" means a report which is
determined to be unfounded or for which there is insufficient evidence
to fully determine whether child abuse or neglect has occurred, but
one in which the Department determines that the child and the child's
family could benefit from receiving prevention and
intervention-related services;
13. "Confirmed report - services recommended" means a report which is
determined by a child protective services worker, based upon some
credible evidence, to constitute child abuse or neglect which is of
such a nature that the Department recommends prevention and
intervention-related services for the parents or persons responsible
for the care of the child or children, but for which initial court
intervention is not required;
14. "Confirmed report - court intervention" means a report which is
determined by a child protective services worker, based upon some
credible evidence, to constitute child abuse or neglect which is of
such a nature that the Department finds that the child's health or
safety is threatened;
15. "Child protective services worker" means a person employed by the
Department of Human Services with sufficient experience or training as
determined by the Department in child abuse prevention and
identification;
16. "Department" means the Department of Human Services;
17. "Commission" means the Commission for Human Services; and
18. "Prevention and intervention-related services" means
community-based programs that serve children and families on a
voluntary and time-limited basis to help reduce the likelihood or
incidence of child abuse and neglect.
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