Okla. Admin. Code § 612:20-3-20

Current through Vol. 42, No. 4, November 1, 2024

Section 612:20-3-20 - Reporting requirements

(a) Any staff member or volunteer who suspects that a child under the age of 18 years has been abused or neglected by any person, including parent, shall make an immediate report to Child Welfare and/or the Office of Client Advocacy in the Department of Human Services, or to the police as appropriate. A written report shall also be made by the end of his or her shift to his or her supervisor. The supervisor will report the incident to the school social worker or designee as soon as he or she receives the report. The social worker or designee will be the contact person for the police, Child Welfare and/or the Office of Client Advocacy in the Department of Human Services as appropriate. The school social worker or designee shall also submit a report to the Superintendent within 24 hours of receiving notice of the incident. Parents will be contacted unless the home environment is suspect.

(b) Anyone making a report in accordance with this policy, State statute, and in good faith is immune from any civil or criminal liability that otherwise results from reporting the incident, or from any resulting judicial proceeding, even if the suspicion is proven to be unfounded.

(c) Reports submitted to the supervisor and the social worker or designee shall include the information given in Paragraphs (1) through (6).

(1) Name of student(s) involved;

(2) name of any staff involved;

(3) age of student(s);

(4) location of incident;

(5) nature and extent of injuries or description of abuse, neglect, or inappropriate body contact; and

(6) other information that might be pertinent to the situation.

(d) Final reports submitted to appropriate authorities by the social worker or designee will include:

(1) name of student(s) involved;

(2) location of incident;

(3) name of any staff involved;

(4) date(s) of birth of student(s);

(5) parent names, addresses, and phone numbers;

(6) nature and extent of injuries or description of abuse, neglect, or inappropriate body contact; and

(7) other information that might be pertinent to the situation.

(e) The school social worker or designee will document the information in Paragraphs (1) through (7) for each incident reported in a separate record which will be kept in a locked file:

(1) date the report was received;

(2) person contacted, and date/time of contact, when report was forwarded to the appropriate authorities;

(3) date and time parent was contacted (as appropriate);

(4) response of authorities to include date, time, and time of response and name of contact person;

(5) investigative reports from staff;

(6) investigative summary by school social worker or designee; and

(7) parent contacts with the school.

(f) Procedure for reporting suspected abuse, neglect, verbal abuse, caretaker misconduct and exploitation

(1)Reporting requirements and reportable incidents.

(A) Persons having reason to believe that a minor is a victim of abuse or neglect are required by Section 7103 of Title 10 of the Oklahoma Statutes to promptly report it to the Oklahoma Department of Human Services (OKDHS).

(B) Persons having reason to believe that a minor or vulnerable adult is a victim of abuse, neglect, verbal abuse, threat, or exploitation are required by Section 10-104 of Title 43A of the Oklahoma Statutes to promptly report it to OKDHS. This reporting requirement applies to providers, as defined in OAC 340:2-3-2, and their employees and agents.

(C) In addition, employees of the Oklahoma School for the Blind and the Oklahoma School for the Deaf, who have reason to believe that caretaker misconduct, according to State Statutes (amendable), with regard to a student, has occurred, promptly report it to OCA intake, to their immediate supervisor and to the school social services department.

(D) A person can have reason to believe that maltreatment has occurred based on information they have learned directly or indirectly, including information provided by the alleged victim or witnesses to an incident. When an allegation of maltreatment is made by the alleged victim or the guardian or parent of the alleged victim, it is reported to OCA intake. Persons unsure of what to report call OCA intake (1-800-522-8014) during business hours, and after hours call the Abuse Hotline (1-800-522-3511).

(E) Knowledge of circumstances which may constitute maltreatment is reported even if the person reporting it cannot substantiate the information.

(F) In addition to the reportable incidents in paragraphs (1), (2), and (3) of this subsection, Oklahoma School for the Blind and Oklahoma School for the Deaf employees and schools report to OCA events listed in (a) through (c) of this paragraph involving a person listed in OAC 340:2-3-32(a)(2) are:

(i) a death;

(ii) a suspicious or unexplained assault or physical injury, as defined in OAC 340:2-3-2;

(iii) a rape, sodomy, or other sexual activity prohibited by state law.

(G) Such incidents must be reported within 24 hours.

(H) The reporting obligations under this section are individual. Employers, supervisors, and administrators do not impede or inhibit the reporting obligations of any employee or other person; however, employees must also report any reasonable suspicions of child abuse or neglect involving any student or staff to their immediate supervisor and to the school social services department.

(I) Any incidents involving criminal activities will be reported to local law enforcement by Oklahoma School for the Blind and Oklahoma School for the Deaf administration.

(2)Reporting responsibilities.

(A)Reportable incidents. Reportable incidents are defined in subsection (a) of this Section.

(B)Immunity from liability. Oklahoma law provides that any person exercising good faith and due care in making a report of alleged abuse, neglect, verbal abuse, or exploitation pursuant to the Oklahoma Child Abuse Reporting and Prevention Act or the Oklahoma Protective Services for Vulnerable Adults Act shall have immunity from any civil or criminal liability the person might otherwise incur.

(C)Questions about reporting. A person who is uncertain if a particular incident is reportable contacts OCA intake (1-800-522-8014) during business hours, and after hours calls the Abuse Hotline (1-800-522-3511).

(3)Failure to report. Any person who knowingly and willfully fails to promptly report a reportable incident as provided for in this Section may be subject to administrative action or criminal sanctions. Section 10-104(C) of Title 43A and Section 7103(C) of Title 10 of the Oklahoma Statutes makes failure to report a misdemeanor, upon conviction. In addition, failure to report by an Oklahoma School for the Blind or Oklahoma School for the Deaf employee can result in disciplinary action.

(4)False reporting.

(A) Any person who knowingly and willfully makes a false report regarding alleged maltreatment of a minor, or a report that the person knows lacks factual foundation, may be reported to local law enforcement for criminal investigation and, upon conviction, is guilty of a misdemeanor.

(B) With regard to vulnerable adults, any person who willfully or recklessly makes a false report may be liable in a civil action for any actual damages suffered by the person(s) being reported and for any punitive damages set by the court or jury.

(5)Method of reporting.

(A) Any person obligated to report an allegation of suspected abuse, neglect, verbal abuse, exploitation, or caretaker misconduct towards a student, contacts OCA intake in Oklahoma City.

(B) Allegations of abuse or neglect at the Oklahoma School for the Blind or Oklahoma School for the Deaf should be reported to the social services department or to the superintendent of the respective school.

(6)Retaliation prohibited. Oklahoma Statutes state that an employer shall not terminate the employment, prevent or impair the practice or occupation of or impose any other sanction on any employee solely for the reason that the employee made or caused to be made a report or cooperated with an investigation pursuant to the Vulnerable Adults Act.

(7)Staff training. All administrators ensure their employees receive relevant training regarding their reporting responsibilities detailed in this Section. Employees receive this training within 30 calendar days of initial employment and subsequent training annually.

Okla. Admin. Code § 612:20-3-20

Reserved at 12 Ok Reg 1509, eff 7-1-95; Added at 13 Ok Reg 165, eff 10-12-95 (emergency); Added at 13 Ok Reg 3087, eff 8-1-96; Amended at 22 Ok Reg 2215, eff 7-1-05