Protecting Oklahoma's children : who is responsible?

              Each One Of Us Is
A Report
of the
Oklahoma
Child Abuse
Study
Commission L~·
DISTRICT COURT OF THE STATE OF OKLAHOMA
14TH JUDICIAL DISTRICT
TULSA COUNTY COURTHOUSE
TULSA, OKLAHOMA 74103
DEBORAH C. SHALLCROSS (918) 584-0471
JUDGE EXT. 2400
The Honorable Henry Bellmon
Governor, State of Oklahoma
The Honorable Steve Lewis
Speaker, House of Representatives
The Honorable Robert V. Cullison
President Pro Tempore, Senate
Gentlemen:
The legislation creating the Child Abuse Study Commission mandated that we examine all laws,
policies, and procedures relevant to child abuse and neglect. Protecting Oklahoma's Children: Who Is
Responsible? is the result of six months' work by citizens of Oklahoma who are committed to securing a
safe and productive future for our children.
Our children are our most precious resource for the future. The effort to develop industry and
encourage investment in Oklahoma is one element to assure our prosperity in the twenty-first century.
Our children, however, will perform the factory jobs we hope to create, repair aircraft, program computers,
heal the sick and teach the next generation. They are Oklahoma's most important resource, and we all
have an interest in protecting this asset. Unfortunately, as documented in our report, this most valuable
resource is often being inadequately nurtured and prevented from reaching full potential.
Thousands of Oklahoma's children are deliberately, battered, maimed, burned, and bruised each
year. Children who are emotionally, physically, and/or sexually abused must struggle to become produc-tive
citizens and loving parents of the next generation. We know that the vast majority of persons incar-cerated
for violent crimes were abused as children. We know there is a correlation between teen preg-nancy
and family violence, drug and alcohol addiction and family violence, juvenile delinquency and
family violence. Children that are abused are more likely to become a burden to Oklahoma than an asset.
None of the components of Oklahoma's child protection system is functioning adequately -
including the most important component, the family - to protect or to provide services when a child is
injured. Recognition of the magnitude of the problem and recognition of the failure of the current system
to ensure children are safe in their families are initial steps to correcting the problem. We believe that
implementation of our recommendations will improve the system which protects our children from abuse
and neglect. We have outlined areas for further study which complete the task.
With your leadership, we can begin to address the areas of concern identified in our report. Child
abuse and neglect, however, is not a problem that government alone can or should resolve. Churches,
extended families, professionals, and all citizens have a responsibility and a vested interest in preventing
its occurrence. Thank you for your commitment to our children. ~~::'-{~~ Deborah C. Shallcross, Chair
Child Abuse Study Commission
OKLAHOMA CHILD ABUSE STUDY COMMISSION
Membership 1988 - 89
CHAIR
Deborah C. Shallcross
Judge of the District Court, 14th Judicial District
MEMBERS
Nancy Anthony, Director
Oklahoma City Community Foundation, Oklahoma City
Robert Block, M.D., Professor and Vice Chair, Pediatrics
University of Oklahoma College of Medicine - Tulsa
Ben Brown
State Senator, Oklahoma City
Edna Brown, A.C.S.W., L.S.W.
Edwin Fair Community Mental Health Center, Ponca City
Bernest Cain
State Senator, Oklahoma City
Eva Carter, Director
Oklahoma Institute for Child Advocacy, Oklahoma City
Craig Corgan,
District Attorney, Washington County, Bartlesville
Kay Dudley
State Senator, Oklahoma City
Caroline Emerson,
Designee of Attorney General Robert Henry,
Oklahoma City
Sandra Farmer, Assistant Superintendent
Coweta Public Schools, Coweta
John Foley, Assistant District Attorney,
Designee of Robert Macy, District Attorney,
Oklahoma County, Oklahoma
Robert Fulton, Social Services Cabinet Secretary
Office of the Governor, Oklahoma City
Evelyn Hibbs, Executive Director
Women In Safe Homes (W.I.S.H.), Muskogee
Maxine Horner
State Senator, Oklahoma City
Reverend Moses Howard, Pastor
Marshall Memorial Baptist Church, Oklahoma City
Lynn Jones, Lieutenant
Tulsa Police Department, Tulsa
Fred B. Jordan, M.D., Chief Medical Examiner
State of Oklahoma, Oklahoma City
Linda Larason
State Representative, Oklahoma City
Phillip Lujan, Chief Justice
Court of Offenses for Western Oklahoma, Norman
Cynthia Meyerson, Chair
Oklahoma Permanency Planning Task Force,
Oklahoma City
Billy A. Mickle
State Senator, Durant
Jo Montana, Mayor
City of Vinita
Susan Morris, Director
Youth and Family Resource Center, Shawnee
Deborah Rothe, Programs Coordinator
Department of Human Services, Oklahoma City
Joe Sam Vassar, Chief Staff Counsel
National American Insurance Company, Chandler
Charles Waters, General Counsel
Department of Human Services, Oklahoma City
CREDITS
Staff assistance at Commission and Task Group meet-ings
and in preparation of this report was provided by:
Sue W. Clark, Executive Secretary
Oklahoma Commission on Children and Youth,
Oklahoma City
John F. Gajda
Management and Service Development Consultant
Tulsa
Thomas S. Kemper, Director
Oklahoma Commission on Children and Youth,
Oklahoma City
Jonas Mata, Program and Administrative Consultant
Department of Human Services, Oklahoma City
Linda Passmark, Director
Office of Child Abuse Prevention, Department of Health,
Oklahoma City
Janice Sharp, Secretary
Oklahoma Commission on Children and Youth,
Oklahoma City
Trisha Williams, Special Projects Consultant
Oklahoma Commission on Children and Youth, Tulsa
TABLEOFCONTENTS-----------------------------
Study Commission Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i
Table of Contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. iii
Preface. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
EXECUTIVE SUMMARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Summary of Issues and Conclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Blueprint for Action: Shared Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
INTRODUCTION 15
PRIMARY COMPONENTS OF THE CHILD PROTECTION SYSTEM. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17
HISTORY AND STRUCTURE OF THE CASCo. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21
THE FOUNDATION: PRINCIPLES FOR THE CHILD PROTECTION SYSTEM 23
CHILD ABUSE STUDY COMMISSION TASK GROUP REPORTS 25
Report Organization 25
Definition of Child Welfare. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
THE DEPARTMENT OF HUMAN SERVICE TASK GROUP 27
I. Insufficient Number of DHS Child Welfare Staff 27
II. Training for Child Welfare Staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
III. DHS Child Welfare Policy 31
IV. Child Welfare's Public Image and Priority Within DHS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 33
V. Accountability within DHS 35
LAW ENFORCEMENT, LEGAL, JUDICIAL TASK GROUP 37
VI. Multidisciplinary Team Approach to Case Management 37
VII. Multidisciplinary Training on Child Abuse and Neglect 39
VIII. Law Enforcement Officer's Training 40
IX. District Attorneys' Training in Child Abuse/Neglect and Domestic Violence 41
X. Training of Judges 42
XI. The Adversary Process and the Child Victim 43
XII. Children as Witnesses 44
XIII. Child Advocacy and Legal Representation 46
XIV. Rape, Molestation, and Sodomy Definitions and Sanctions 47
XV. Treatment Involving Extended Family Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 48
XVI. Professional Liability 49
COMMUNITY SERVICES TASK GROUP 51
XVII. Inadequate Knowledge of Laws Governing Reports of Suspected Abuse 51
XVIII. Inappropriate Application of Confidentiality 52
XIX. Interagency Coordination of Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 53
XX. Community Based Service Needs 54
XXI. Relationship Between Domestic Violence and Child Abuse and Neglect. . . . . . . . . . . . . . . . .. 55
XXII. Problems in Recruitment and Retention of Foster Homes. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 56
SYSTEM FAILURE: RECURRING ABUSE AND CHILD DEATHS 59
XXIII. Recurring Abuse Leading to Child Deaths 59
XXIV. Investigations of Child Deaths Caused by Abuse 61
XXV. Monitoring the Quality of Service Delivery. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 62
XXVI. Protection of Children in the Legal System. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 63
XXVII. Diagnosis, Reporting, and Testimony by Medical Professionals 64
ISSUES FOR FURTHER STUDY 67
APPENDIX 69
A. Commission Study Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 71
B. Interagency Survey Results 72
C. Glossary of Terms 73
D. Authorizing Statute 76
E. Footnotes 77
F. Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 78
iii
CHILDREN-------------------------------------- by Ina J. Hughes
We are responsible for children
who put chocolate fingers
everywhere,
who like to be tickled,
who stomp in puddles and ruin their
new pants,
who sneak Popsicles before supper,
who erase holes in math workbooks,
who never find their shoes.
And we are responsible for those
who stare at photographs from
behind barbed wire,
who can't bound down the street in a
new pair of sneakers,
who never "counted potatoes",
who are born in places we wouldn't
be caught dead,
who never go to the circus,
who live in a x-rated world.
We are responsible for children
who bring us sticky kisses and fistfuls
of dandelions,
who sleep with the dog and bury
goldfish,
who hug in a hurry and forget their
lunch money,
who cover themselves with Band-aids
and sing off key,
who squeeze toothpaste all over the
sink,
who slurp their soup.
And we are responsible for those
who never get dessert,
who have no safe blanket to drag
behind them,
who watch their parents watch them
die,
who can't find any bread to steal,
who don't have any rooms to clean
up,
whose pictures aren't on anybody's
dresser,
whose monsters are real.
We are responsible for children
who spend all their allowance before
Tuesday,
who throw tantrums in the grocery
store
and pick at their food,
who like ghost stories,
who shove dirty clothes under the
bed, and never rinse out the tub,
who get visits from the tooth fairy,
who don't like to be kissed in front of
the carpool,
who squirm in church and scream in the phone,
whose tears we sometimes laugh at
and whose smiles can make us cry.
And we are responsible for those
whose nightmares come in the
daytime,
who will eat anything,
who have never seen a dentist,
who aren't spoiled by anybody,
who go to bed hungry and cry
themselves to sleep,
who live and move, but have no being.
We are responsible for children who
want to be carried and for those who
must,
For those we never give up on and for
those who don't get a second chance.
For those we smother. .. and for those
who will grab the hand of anybody
kind enough to offer it.
iv
PREFACE--------------------------------
Parents are the most important people in a
child's life. Nurturing and caring for the child is the most
important responsibility of parents. There is no greater
failure in our society than the disintegration of a family.
As individuals, communities, churches, and governments
we all share the burden of this failure. To ensure its own
future society must value its children, and as a respon-sible
society we must be committed to protecting chil-dren
who cannot protect themselves.
No decision made by government officials is as
serious as a decision which deprives a family of its
children. However, the number of confirmed cases of
child abuse, child neglect, and child sexual abuse in
Oklahoma have risen dramatically since 1981. Thou-sands
of children are suffering immense physical and
emotional pain, and too many have died. The Study
Commission calls for a comprehensive effort by profes-sionals,
neighbors, churches, and government to protect
children and to meet the needs of families.
An effective program for victims of child abuse,
child neglect, and child sexual abuse requires services
which emphasize the safety of children and the treat-ment
or restriction of the offender. The professionals in
public and private agencies providing these services and
charged with protecting children must be adequately
trained, competent, and given the resources to do their
jobs.
An effective program for children and families
requires advocacy and oversight by members of the
community. The Child Abuse Study Commission is
concerned about the safety of Oklahoma's children and
about the availability of resources which protect our
children. Oklahoma's child protection system Is
falling.
The Study Commission believes our recom-mendations
can, upon implementation, improve the
system to provide greater protection for the children of
Oklahoma and more services to strengthen their fami-lies.
Our task will not be complete, however, until each
child is safe and secure in a nurturing family that is free
from abuse and neglect.
", , , , . , , the law must make the
child's needs paramount. Each time the
cycle of grossly inadequate parent-child
relationships is broken, society stands to
gain a person capable of becoming an
adequate parent for children of the future. "
Beyond the Best Interests of the Child, Goldstein,
Freud, Solnit, 1973.
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EXECUSTUIVMEMARY--------------
The Oklahoma Child Abuse Study Commission
was created by legislation proposed in 1988 by Gover-nor
Henry Bellmon in response to his concern that over
50 Oklahoma children died from abuse and neglect in a
recent period of less than two years. (See Appendix D
for text of statute.) The Commission is comprised of 27
professionals, citizens, legislators, and agency officials
who were appointed by the Governor, the Speaker of the
House of Representatives, and the President Pro
Tempore of the Senate.
The Commission organized into four task groups
to study the major components of Oklahoma's child
protection system. After identifying the important issues,
determinations of findings were made based upon
months of discussion and research. Recommendations
to strengthen the child protection system were gener-ated,
and specific action steps to implement recommen-dations
were developed.
Each issue identified by the Task Group is
assigned a Roman numeral (I through XXVII). The
Summary of Issues and Conclusions includes each
issue identified by a Task Group and a summary of the
conclusions developed for the issue. The Blueprint for
Action: A Shared Responsibility summarizes the action
steps which will implement the Study Commission's
recommendations. Following each action step is a
citation to an issue, an action step, and a page which
refers the reader to the full text of the appropriate Task
Group report (for example, XII.A.3. at page 9 represents
issue XII, action step 3, at page 57). In each Task Group
report the letter F represents a Finding and the letter R
represents a Recommendation of the Task Group and
Study Commission.
SUMMARY OF ISSUES AND
CONCLUSIONS
ISSUE I: Insufficient Number of DHS Child Welfare
Staff
DHS does not have a sufficient number of
personnel, both direct service and supervisory workers,
to deliver and oversee statutorily mandated child welfare
services. Lack of workers has resulted in high turnover,
frequent burnout, low morale, and questionable decision-making,
all of which have reduced the overall quality of
services provided and have placed Oklahoma's children
in danger.
ISSUE II: Training for Child Welfare Staff
In the past five years, the Child Welfare Unit has
not had a formal training program for new workers, con-tinuing
education for experienced workers, or manage-ment
training for supervisors. Absent a specialized
training curriculum, the basic training for DHS child
welfare workers falls on the front line supervisors. Un-fortunately,
the supervisors often have not had recent
access to training and are too busy with caseloads to
spend much time teachlno, DHS desperately needs a
basic skills training program for state office and field
child welfare staff. Child welfare workers also need
multidisciplinary training to build working relationships
with medical and legal professionals that will benefit the
child.
ISSUE III: D.H.S. Child Welfare Policy
DHS does not have clear guide lines on how
child welfare policy should be developed, written, and
distributed; nor are procedures clear about when policy
becomes effective, time tables for policy training, and
staff accountability for knowing and adhering to policy.
The absence of guide lines has produced wide and
varying interpretations and practices by staff in the
delivery of statutorily mandated child welfare services.
ISSUE IV: Child Welfare's PubliC Image and Priority
Within D.H.S.
Child Welfare Services, and consequently the
abused and neglected children who receive services,
have been overshadowed by more visible and vocal
DHS program interests. Both inside and outside the
DHS, Child Welfare Services is seen as weak, without
direction, and politically unpopular. For Child Welfare to
succeed at becoming a priority within DHS and in the
community, Child Welfare Services must assert them-selves,
develop and publicize their short and long range
plans, document their successes, and become more
visible.
This young boy was beaten by his father about the head
and face with a leather belt.
2
ISSUEV: Accountability Within D.H.S.
DHS programs for children and youth operate
without checks and balances, quality control, and ac-countability
of programs and employees. These inade-quancies
adversely affect DHS's delivery of services to
children and families and was an issue repeatedly heard
in the various public forums held by the Commission.
There appear to be ineffective sanctions for DHS staff
who fail to follow policy and no accountability up the
chain of command for unsatisfactory performance, mis-conduct,
unauthorized disclosure of confidential informa-tion,
insubordination, or neglect of duty. Although the
current DHS policy for disciplinary action is effective
when applied, DHS sepervsors and managers do not
use the procedure for corrective discipline as often as
warranted.
ISSUE VI: Multidisciplinary Team Approach to Case
Management
A lack of coordination among the various disci-plines
responsible for the investigation and prosecution
of deprived and criminal child abuse cases has contribu-ted
to frustration and territoriality among the various
disciplines. This has resulted in further victimization of
the child by poor case management, untimely interven-tion,
and piece-meal case planning and oversight. A
multidisciplinary review team, organized by the district
attorney in each jurisdiction, could provide the coordina-tion
and collaboration between professionals needed to
monitor and ensure the appropriate handling by DHS
and the courts of deprived and criminal child abuse
cases.
ISSUE VII: Multidisciplinary Training on Child Abuse
and Neglect
There exists no cross-agency training in Okla-homa
for professionals who are involved in investigating,
prosecuting, or treating child abuse, child neglect, sex-ual
abuse, and domestic violence. A multidisciplinary
approach to training would provide opportunities for pro-fessionals
to learn from each other about their role and
responsibilities to children and families, to learn how to
more effectively coordinate their services to abused and
neglected children, and to develop new ideas and
innovative approaches to solving system problems.
ISSUE VIII: Law Enforcement Officers Training in
Child Abuse/Neglect and Domestic
Violence
Existing state law does not include a specific
training requirement for law enforcement officers on child
abuse/neglect or family violence issues. The current
CLEET training curriculum and education requirements
for law enforcement officers needs to be expanded to
include specialized training in child abuse, child neglect,
and the dynamics of family violence so that officers can
more effectively investigate and intervene in child abuse
cases.
ISSUE IX: District Attorney's Training In Child
Abuse/Neglect and Domestic Violence
Existing state statutes do not mandate any
specific training requirements for district attorneys on
child abuse and domestic violence. All district attorneys,
as dictated by the Oklahoma Supreme Court, are requir-ed
to participate in 12 hours of annual training and only
one course requirement is specified (one hour of ethics).
Specialized training in the area of child abuse will
prepare district attorneys to do a better job in the prose-cution
of child abuse cases.
ISSUE X: Training of Judges
A majority of judges have not received training
and education in the theory of the dynamics of the
abusive family, child abuse and neglect. and sexual
abuse. Without an understanding of these issues, judges
are unable to evaluate testimony of children and expert
witnesses and draw correct conclusions from that
testimony, nor are they able to exercise discretion
appropriately to protect child victims. Without this
knowledge, judges are unable to make the best possible
decisions about a treatment plan or disposition plan
which will enable the family to be reunified and protect
the child from recurring abuse.
"Research has convincingly demon-strated
that using the "rod" creates children
who are not more obedient but who are
instead simply more angry and aggressive
than other kids. Parents who routinely slap
or strike their children are actually handing
them a model of violence to imitate-and
many do indeed grow to be abusive, some
even murderously so. "
Julius Segal, Ph.D. Psychologist
ISSUE XI: The Adversary Process and the Child
Victim
The adversary process functions to protect the
child victim only when the trier of fact receives accurate,
complete information from all interested parties with
legal standing. Protection of the child victim requires
well-trained law enforcement and DHS personnel;
appointment of competent, independent counsel at each
stage of the process for the child; and well-trained,
competent judges with the knowledge to appropriately
evaluate information from the components of the child
protection system, the parents, the child, and his or her
attorney.
ISSUE XII: Children As Witnesses
The judicial process does not treat abused
children with care or sensitivity and often adds trauma to
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the child's life. Children who are victims of physical and
sexual abuse are often forced to testify several times
during the judicial process. Current law prohibits the
child's parent or caretaker from being present in the
courtroom during the child's testimony (Rule of Seques-tration),
yet the child must testify with the perpetrator
present. (The use of video tape can only be applied to
children under the age of 12 who have been sexually
abused.) Although judicial hearings (juvenile or criminal)
involving children are often continued for valid reasons,
rarely are the continuances in the best interest of the
child.
ISSUEXIII: Child Advocacy and Legal
Representation
Advocacy for abused and neglected children is
all but absent in the court process. Existing statutes are
inconsistent in the standards applied to admissible
evidence and attorney representation in child physical
abuse versus child sexual abuse. Statutes do not
prohibit anyone from intimidating a State's witness in a
deprived case. Appeal procedures involving children are
often lengthy, leaving the child's living arrangements
unresolved for long periods of time. The legal system
must find ways to treat child victims with regard to their
developmental needs and compassion for their trauma.
ISSUEXIV: Rape, Molestation and Sodomy:
Definitions and Sanctions
Sentences for child beating and rape by instru-mentation
are too lenient when compared to the emo-tional,
psychological, and physical damage inflicted on
the child. The current statutes on molestation, rape, and
sodomy need revision so that all aspects of sexual
crimes against children are addressed. Victims who
have been forcibly sexually violated know the emotional
devastation and long term effects. For children the
trauma is much greater. Any type of sexual exploitation
of children betrays trust, causes physical injury, dam-ages
ego development and self concept, and robs the
child of his/her childhood.
ISSUE XV: Treatment Involving Extended Family
Members
There exists no jurisdiction for the juvenile court
to order stepparents or "live-ins" to attend counseling,
parenting classes, or any treatment option that is neces-sary
to constructively reunify a family who has been
adjudicated deprived. Changes in societal norms have
dramatically increased the number of children who live
with a stepparent or other "live in" at some point during
their childhood. These extended family members are
responsible for an increasing number of abuse cases,
and courts must have authority to dictate their treatment
in order to protect the child victim.
ISSUEXVI: Professional Liability
Police officers and child welfare workers current-ly
may be sued as individuals for alleged misconducts in
dealing with abused and/or deprived children (21 O.S.
843, et. seq. and 10 O.S. 1101, et. seq., Governmental
Tort Claims Act 51 O.S. § 151 et seq.). Personal liability
laws discourage intervention by leaving the professional
open to suit.
4
ISSUE XVII: Inadequate Knowledge of Laws Govern-
Ing Reports of Suspected Abuse
Any person in Oklahoma having reason to
believe that a child under 18 has been abused is man-dated
by law to report the suspected abuse. Despite
efforts by state agencies to educate the public, including
professionals coming into contact with suspected abuse
or neglect, the public continues to be misinformed and
confused about their responsiblity and immunity in
reporting suspected abuse and neglect. Large segments
of the public continue to think that not all abuse needs to
be reported and that failure to do so is not unlawful.
ISSUE XVIII: The Appropriate Application of
Confidentiality
Child welfare caseworkers and other profession-als
with knowledge of a child abuse case are sometimes
lax about maintaining confidentiality of reporters or
complaints. At the same time, professionals involved in
implementing a treatment or service plan are often
denied access to necessary information on the basis of
maintaining confidentiality. The parameters of confidenti-ality
in child abuse and neglect cases need clarification,
and professionals working in child abuse and neglect
need training on the appropriate application of confiden-tiality
of case information.
ISSUE XIX: Interagency Coordination of Services
There exists a lack of coordination among DHS
caseworkers, legal and judicial personnel, medical
personnel, schools, community service providers, and
other state agencies. The current quality of case plans
for abused and neglected children can be vastly im-proved
by a protocol that ensures thorough information
sharing and proper reporting across agencies and
between professionals that are called upon to intervene
in a particular case. This should result in a cost saving
that can be used to provide more quality services for
children.
"When those who are not injured are as indig-nant
as those who are, then shall justice come
to America. "
Robert Geiser,The Illusion of Caring
XX: Community-based Service Needs
DHS does not have a sufficient number of
community-based programs to serve deprived children
and their families. Oklahoma must expand services to
families in their own communities to reduce the number
of children and families that will later require costly
treatment services.
ISSUE XXI: Relationship between Domestic Vio-lence
and Child Abuse and Neglect
Although approximately 65% of abused children
come from homes with concurrent spouse abuse, little
attention is given to the dynamics of domestic violence
by child welfare workers, attorneys, and judges. Greater
service coordination and training is needed between
child welfare and domestic violence programs in such
areas as risk assessment, crisis intervention, parenting
education, and on-going support programs for families at
risk of recurring abuse.
ISSUE XXII: Problems in Recruitment and Retention
of Foster Homes
Maintaining a sufficient number of quality foster
homes to serve abused and neglected children across
the entire state is extremely difficult. For every home that
is used, at least two other homes must be available to
allow for attrition. DHS is experiencing problems in
recruiting sufficient foster homes in different parts of the
state. The state foster care system should receive
priority consideration and support by DHS, especially
with regard to recruitment and length of retention of
foster homes.
ISSUE XXIV: Investigations of Child Deaths Caused
By Abuse
Not all child deaths caused by abuse and
neglect are identified and properly investigated. A case
review of each child death in Oklahoma resulting from
non-natural causes is needed to allow more accurate
tabulation and identification of deaths to children caused
by child abuse or neglect; better protection of siblings
still living in dangerous situations; and identification of
inadequate policy and procedure within each component
of the child protection system. An adequate review must
include review by professionals from the medical, legal,
and social service community.
ISSUE XXV: Monitoring the Quality of Service
Delivery
Existing supervision and accountability of the
child welfare system is not sufficient to protect children
at risk of being abused or who have been abused.
Children and parents in crisis are being further victimized
by arbitrary or incompetent actions of case workers, or
are becoming lost without proper follow-up within the
system. Although no system of this size is expected to
function completely without error, the combination of
child welfare's shortcoming in such areas as training,
accountability, and sufficient personnel, along with the
lack of coordination among agencies and professionals
has increased the number of cases being mismanaged
and has contributed to further victimization of the child.
5
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ISSUE XXVI: Protection of Children in the Legal
System
The primary goal of a legal proceeding involving
a family with children must be protection of the children
without undue intrusion into the rights of the parents.
Most attorneys representing abused and neglected
children have little training in the dynamics of child
abuse or devote very little time to competently advocate
for and represent the child. Without an understanding of
the theory and research of the abusive family and an
understanding of child abuse and neglect, judges are not
able to correctly evaluate testimony of the child or to
draw appropriate conclusions from the information.
ISSUEXXVII: Diagnosis, Reporting and Testimony
by Medical Professionals
Only 3 to 6 percent of reports of supected child
abuse are made in Oklahoma by physicians. Nationally
an average of thirteen percent of all reported cases of
abuse are made by physicians. Physicians and nurses
in Oklahoma should be working as advocates to protect
children from unnecessary harm. Physician training in
diagnosis and treatment must be expanded and more
physician abuse experts must be available for consulta-tion
to rural counties. Although physician concerns
regarding immunity, financial renumeration for services,
and lengthy court commitments are reasonable, physi-cians
and nurses cannot allow these concerns to over-ride
their legal Obligation to report suspected abuse, or
their obligation as healers to intervene if a child's life and
safety is in jeopardy.
BLUEPRINT FOR ACTION: SHARED
RESPONSIBILITY
The Study Commission believes that child
abuse, child neglect, and child sexual abuse are a
community problem that require a community response.
The child protection system is not one agency or one
service delivery system. Each Oklahoman is responsible
for protecting Oklahoma's children from abuse and
neglect. To meet this challenge we must all share the
responsibility for implementing the Study Commission's
recommendations. The Blueprint for Action identifies the
department, agency, or organization which has the
primary responsibility for implementation of specific
recommendations.
The Department of Human Services should:
1. allocate sufficient funds to implement a specialized,
competency-based training program for child welfare
staff by October 1, 1989. The program should
include core training curricula for local workers,
basic and advanced specialty curricula for all levels
of child welfare staff, and a core management curri-cula
for supervisors and district supervisors in child
welfare. (1I.A.1. and 3., page 31)
2. train local child welfare workers and front-line
supervisors under the specialized training program
by June 30,1990. (1I.A.4., page 31)
3. revise Child Welfare Services' training policy and
procedure by January 1, 1990, to specify who is
responsible for the training program, who will ensure
that the field receives the training needed, and who
will oversee the entire process. (liAS., page 31)
4. through the Director, issue a request to the DHS
Legal Division to develop and deliver by October 1,
1989, a curriculum on legal issues for the training
program for child welfare. (11.A.6.,page 31)
5. by September 1,1989, fund and hire three (3) Child
Welfare Services field full-time employees as area
training coordinators to aid the state office
coordinator in administering and overseeing the
statewide training program. (11.A.2.,page 31)
6. by October 1, 1989, through the Human Services
Commission exempt Child Welfare Services from
any and all hiring freezes and grant Child Welfare
permission to hire from outside the DHS. (1.A.1.,
page 29)
8 7522
7
,
3,733
6
5
4
3
2
Thousands 1983 1988
Confirmed cases of abuse and neglect in Oklahoma have
increased dramatically.
7. by March 1, 1990, through the Director request that
the Office of Personnel Management (OPM)
conduct an audit of the Child Welfare Services to
determine if the current classification under which
child welfare staff operate is commensurate with the
actual responsibilities, extended hours, and dangers
6
associated with protecting children and working with
families, and is consistent with guidelines of the
Council on Accreditation of Services to Families
and Children, and with national standards for sala-ries
for child we~are workers as established by The
National Association of Social Workers.
8. through the Director and the Human Services
Commission seek legislative approval to increase
the total DHS full-time employee ceiling and to give
Child Welfare additional funded staff positions to
meet their mandated responsibilities in a more timely
and effective manner. All authorized positions should
be hired and filled by January 1, 1991. (I.A.3., page
29)
9. by September 1, 1990, collaborate with OPM, the
DHS Per~onnel Divi~ion,ana Cnila Welfare Sera
vices, to create and im~lement a s~ecialclassifica·
tion for child welfare worKers which recognizes
program areas of specialization. (1.A.4., page 29)
10. through Child Welfare Services, develop technical
assistance teams of specialists to assist generalist
child welfare workers in rural counties. (1.A.5., page
29)
11. by FY 1992, through the Human Services
Commission reinstitute graduate level scholarship
programs and direct the Personnel and Finance
Divisions to create a commensurate pay scale to
reward staff who have graduate education. (1.A.6.
page 29)
12. by FY 1991, through the Human Services
Commission develop a budget process for the
Division of Children and youth Services (DCYS) that
is fair and equitable in determining the priorities
among DCYS unit's budget requests and program
needs. (IV.A.1., page 34)
13. by November 1, 1989, establish Child Welfare
Advisory Committees in each child welfare district.
(IV.A.2., page 34)
14. by January 1, 1990, develop a comprehensive plan
for Child Welfare Services of short range (0 to 2
years) and long range (5 year) goals and objectives.
(IV.A.3., page 34)
15. by January 1, 1990, conduct district-by-district team
building sessions across the state aimed at building
motivation, self-esteem, program ownership, and
professionalism in Child Welfare Services staff.
(IV.A.5., page 34)
16. through the Director issue a memo by October 1,
1989, requesting each DHS division and office
administrator to identify the supervisors and
managers that have not been trained in corrective
discipline and require them to complete the training.
(V .A.1., page 36)
17. through the Personnel Division, complete a status
report by March 1, 1990, on the effectiveness of the
corrective discipline procedure. (V.A.2., page 36)
18. by FY 1991, through the DHS Staff Development
Unit and the Office of Personnel Management
develop and implement a core management
curriculum for DHS supervisors and managers, and
conduct such training for all DHS supervisors and
managers within a year. (V.A.3., page 36)
19. through the Director initiate the development of a
~erie~ofeoucationanaoi~cu~~ion~eminar~onni~n
standards of em~lo~ee~ertormance, ~rofession·
alism, and program integrity with the goal of enhanc·
ing DHS's public image as well as motivating all
DHS employees to take pride in their work. DHS's
Division Administrators should work with the Staff
Development Unit of the Personnel Division to
develop a seminar series by January 1, 1990, and
complete the series by September 1, 1990. (V.A.4.,
page 36)
20. complete and issue the long awaited comprehensive
revision of Child Welfare policy by January 1, 1990,
and train all staff on the revised policy within 30
working days after the policy is issued, i.e. a rule
promulgated under the Administrative Procedures
Act. By January 1990, the DHS establish for every
division or unit providing services to children and
families policy and procedures which delineates the
responsibility of each staff member and the agency
for the detection and recognition of children at risk of
abuse and neglect. The policy should also describe
the appropriate response to these children by staff
and the agency. (1I1.A.1.,page 33)
7
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A normal x-ray of a small child's skull. The scan on the right shows a white thickened area that represents bleeding inside
the child's skull. This bleeding is compressing the brain, and is commonly seen in "shaken child syndrone".
Wallace Hooser, MD, Radiologist, Saint Francis Hospital, Tulsa
21. through Child Welfare Services develop a procedure
by October 1, 1989, to ensure that local workers
receive draft policy for comment, are given time to
review and submit comment, and receive written
feedback from the state office on their specific
comments. (1I1.A.2., page 33)
22. through the Director and the Human Services
Commission submit a request for additional child
welfare staff and allocate a position in the Child
Welfare Unit to add a specialist in child welfare
policy development. (1II,A.4., page 33)
23, tnrou~n Cnila Welfare SeNices immediatel~develop
a schedule of statewide consultation on existing
policy, to be completed by November 1, 1989, to
ensure that all staff review and understand existing
policy and are provided with a specific procedure for
requesting clarification or assistance when policy
questions arise. (IILA.5., page 33)
24. during FY 1990 and 1991 , the DHS Legal Division in
conjunction with Child Welfare Services develop
written protocol that can be used for interagency
agreements regarding child abuse confidentiality
and release of information issues. (XVIILA.1., page
53)
25. through Child Welfare Services instruct supervisors
to reinforce with all child welfare workers the import-ance
of confidentiality with reporters/complaints
of suspected abuse. (XVIII.A.2., page 53)
26. through the Unit Supervisor of Child Welfare
Services, request a review and written report by
November 1, 1989 from staff responsible for intake/
investigation policy and procedures to identify DHS
practices which act as barriers to citizen reporting.
(XXIII.A.2., page 60)
27. through the Unit Supervisor of Child Welfare
Services, issue a directive by October 1, 1989,
instructing district supervisors and local supervisors
to begin fulfilling their assigned responsibilities of
conducting periodic case reviews and management
conferences with local workers. The Division of
Children and Youth Services' Monitoring and Review
Unit is to place special emphasis on verifying the
occurrence of case reviews and management
conferences by supervisors as required by Section
1416, DHS Policy Manual. (XXV.A.1., page 63)
~~I a~ri~fY~1~~C~~1iWl~~lf~Sr~~~ir~~~~~~ql~~t~
tne priorit~s~stemfor investi~atin~cnild abuse
rspons to includs neglect as a high priority,
(XVII. A.2., page 52)
29. during FY 1990, through Child Welfare Services in
conjunction with the DHS Graphics and Publications
Services and the State Department of Health Office
of Child Abuse Prevention, develop a statewide
public education campaign on child abuse and
neglect. (IV.A.4., page 34)
30. during FY 1990, provide financial assistance to the
statewide public education and awareness campaign
planned by the Governor's Cabinet Council on
Children. (XVILA.1., page 52)
31. During FY 1990, through the Human Services
Commission fund a statewide media campaign to
recruit foster parents. (XXII.A.1., page 57)
32. during FY 1990, through the Human Services
Commission provide sufficient matching funds to
begin implementation of the federal Title IV-B plan to
improve Oklahoma's foster home prgram. (XXII.A.2.,
page 57)
8
33. by July 1, 1990, through Child Welfare Services
establish a risk assessment process that identifies
children who can remain in the home with the help of
intensive services, and subsequently divert, for the
development of intensive services, the funds that
would have been normally used for a foster care
arrangement. (XXII.A.3., page 57)
34. by October 1, 1989, through Child Welfare Services
temporarily assign additional foster care workers to
needy counties to recruit foster homes and provide
services to foster care children. (XXII.A.4., page 57)
35. by January 1, 1990, Child Welfare Services develop
a proposal for funding the foster program with
sufficient resources to establish and maintain a
quality program. The proposal should be funded no
later than May 1, 1990. (XXII,A.6., page 57)
36. take the lead on scheduling meetings to develop
greater service coordination between Child Welfare
Services and domestic violence programs so that
specific procedures for referral to one another are
developed and implemented by June 30, 1990.
(XXI.A.3., page 56)
37. in any child abuse case with concurrent domestic
violence, include intervention and counseling for the
male batterer and female victim in all DHS prepared or
court approved treatment plans. (XXI.A.4., page 56)
38. give budgetary priority in FY 1991 to the following
services for abused and neglected children: 20
therapeutic foster care beds; 6 additional specialized
community homes, with 4 beds; 30 additional Level
D group home beds; 12 Level E beds; emergency
concrete services to families in crisis (home-based);
and expansion of parent-aide programs across the
state such as those currently located in Oklahoma,
Garfield, and Comanche Counties. (XX.A.1., page 54)
39. through the Division of Children and Youth Services
explore public as well as private funding sources
and explore various models from other states, which
will assist with broadening the continuum of family
services. (XX.A.2., page 55)
-"Fallu.. -
2.7'lI to thrive
Withheld 1-9%
medical
otte .
6.
Neglect Abuse
This graph provides a break down of the 7,522 DHS con-firmed
cases of abuse and neglect in Oklahoma in 1988.
Within the next year the Legislature should:
1. enact legislation during the fiscal year 1990 session
mandating the establishment by October 1,1990, of
multidisciplinary review teams organized by the
district attorney in each jurisdiction. These teams
should coordinate information and monitor
disposition of DHS confirmed priority 1 and 2 child
abuse referrals; perform critical incident reviews of
child deaths or severe injury cases not prosecuted,
and receive for review any case that generates con-flicting
professional opinions during investigation.
(VI.A.1., page 38; XXIlI.A.3. page 60)
2. enact legislation creating and funding by July 1,
1990, the Child Abuse Training Coordinating Council
(CATCC) to identify and make provision for multidis-ciplinary
training on child abuse issues for profes-sionals
across the state with responsibilities affecting
children. (VII.A.t, page 40; XXI.A.1., page 56)
3. enact legislation creating the Oklahoma Child Death
Review Board as outlined on page 61, for legislative
approval and funding by June 1,1990. (XXIV.A.1.,
page 61)
4. by FY 1991 appropriate sufficient funds to DHS to
purchase liability insurance for foster parents.
(XXII.A.5., page 57)
Within the next three years the Legislature
should:
5. enact legislation to provide for specific civil immunity
for police officers and social workers when acting
within the scope of their duties and in good faith.
(XVI.A.1., page 49)
6. enact legislation to allow video tape and other
hearsay statements of an abused child to be
admissable evidence, especially at a preliminary
hearing. (Amend O.S. 752, 753 to make compatible
with 10 O.S. 1147, 1148. Also amend 12 O.S.
2803.1). (XII.A.1., page 57)
7. enact legislation to eliminate the necessity of a jury
trial in juvenile termination of parental rights pro-ceedings.
(Amend 10 O.S. 1110). (XII.A.3., page 57)
8. enact legislation to require coordination of juvenile
and criminal cases to prevent children from testifying
several times before different juries. (Amend appro-priate
sections of Titles 10 and 22 O.S.) (XII.A.2.,
page 57)
9. set guidelines as to the duration of in-court testimony
that can be obtained from a child in a single episode
9
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of testimony so that the time frame considers the
child's ability to tolerate examination. Also, set
guidelines as to a lawyer's behavior toward the child
during questioning. (Amend appropriate sections of
the Evidence Code Title 12). (XII.A.4., page 45)
10. enact legislation that defines corroboration in 12
O.S. 2803.1 to permit admissability of children's out-of-
court statements. (XII.A.5., page 45))
11. enact legislation that allows consistent statements of
children to be considered sufficient corroborative
evidence. (XII.A.6., page 45)
12. enact legislation to require all hearings involving
child victims to be set within a short specified period
of time. (XII.A.7., page 45)
13. enact legislation requiring all such cases to be heard
when set and not to be continued without exigent,
valid cause. (XII.A.8., page 45)
14. enact legislation to make paramount the child's best
interest when considering continuances. (XII.A.9.,
page 45)
15. allow the court the power of sanctions for witnesses
found to be in bad faith. (XII.A.10. page 45)
16. enact legislation to modify the Rule of Sequestration
to allow relatives, friends, and caretakers to be
present and close during the child's testimony.
(XII.A.11., page 45)
17. enact legislation to allow devices to be used, e.g.
video taping, screening, or two-way mirrors which
protect a child from further victimization by the
perpetratororthe system. (10 0.S.1147, 1148 and
22 O.S. 752, 753). (XII.A.12., page 45)
19. enact legislation requiring attorneys to be appointed
to represent the child victim in the criminal
prosecution of sexual abuse. (Amend 21 O.S. 846).
(XII.A.1., page 45)
18. amend current video tape and hearsay statutes (10
O.S. 1147, 1148; 22 O.S. 752, 753; and 12 O.S.
2803.1) to apply to children under the age of 12 who
have been physically abused. (XII.A.13., page 45)
20. enact legislation allowing hearsay statements of
physically abused children to be admissable
evidence. (XIII.A.2., page 46)
21. enact legislation to require as a contingency of the
bond that the accused have no contact with the child
victim or his caretaker without the permission of the
court. (XIII.A.3., page 46)
22. amend intimidation of a State's witness (21 O.S.
455) to include those endorsed on a juvenile petition.
(XIII.A.4., page 46)
23. enact legislation requiring the appellate process,
including the opinion, to be completed within a
specified period of time in cases involvinq victimized
children. (10 O.S. 1123, et. seq.) XIII.A.5., page 46)
24. enact legislation establishing a compelling state
interest in the welfare of children, and make statu-tory
amendments to allow juvenile court involvement
when a child has been abused and the perpetrator is
unknown or out of the household. (See 10 O.S.
1101, et. seq.). (XIII.A.6., page 46)
25. increase to life the punishment allowed for child
abuse. (21 O.S. 843). (XIV.A.1., page 48)
"Some day, maybe, there will exist a well-informed,
well-considered, and yet fervent
public conviction that the most deadly of all
possible sins is the multi/ation of a chi/d's
spirit".
Erick Erikson
Journal of the American
Medical Association, 1972.
26. enact legislation amending 21 O.S. 1123, 111, and
1114 to define "lewd molestation" to include acts
identified on page 47. Also, Section 1123 should
be amended to allow evidence of penetration to be
introduced in a lewd molestation case, It should
specifically state that penetration is not an element
in the case. (XIV.A.2., page 48)
27. amend the "Rape Shield Statute" (21 O.S. 750) to
protect rape victims from having their entire sexual
history brought into the courtroom on the issue of
consent. This statute should also be amended to
include victims of lewd molestation (21 O.S. 1123),
sodomy (21 O.S. 886 et. seq.), and rape by
instrumentation (21 O.S. 1111, 1114), and should
preclude their sexual history and sexual conduct
from being brought into a criminal case. (XIV.A.3.,
page 48)
28. combine the statutes regarding sodomy (21 O.S.
886,888) since they cover the same crime. The
statutes should also be reviewed to define anal and
oral sodomy, state that a person under the age of 16
cannot give consent to the crime of sodomy, and
clarify that penetration is not always an essential
element in the crime of sodomy. (XIV.A.4., page 48)
10
29. to be consistent with other child sexual abuse
criminal provisions, amend 21 O.S. Supp. 1986,
1114(A) (1), to include victims under the age of 16.
(XIV.A.5., page 48)
30. classify rape of any victim under age 16 by a mem-ber
of the same sex as rape in the first degree and
punish accordingly. (XIV.A. 7., page 48)
31. classify rape by instrumentation of any victim under
the age of 16 as rape in the first degree and punish
accordingly. (XIV.A.6., page 48)
32. enact legislation that will allow the court to adjudi-cate
a child deprived based on the abusive or
neglectful behavior of extended family members (10
O.S. 1116) and provide statutory authority for the
court to order treatment options for stepparents,
"Iive·ins", and others who have significant responsi·
bility and contact with the deprived child. (10 O.S.
1116, 1121). (XV.A.1., page 48)
Failure to thrive in an infant usually results from the most
severe cases of emotional neglect and can result in
permanent disability or death.
The Chief Justice of the Supreme Court
should:
1. by January 1, 1990, mandate that within 30 days of
election or appointment, each judge with family law
or juvenile law case responsibility will receive a
minimum of eight hours initial training in child abuse,
child neglect, child sexual abuse, and the dynamics
of family violence. (X.A.1., page 42)
2. by November 1, 1989, convene a committee to
select an appropriate curriculum for this initial
training described in #1 above. (X.A.2., page 42)
3. select a representative of the judiciary who is an
expert in family law to participate on the governing
board of the proposed Child Abuse Training
Coordinating Council. (X.A.3., page 42)
4. mandate by July 1, 1991, participation by every
judge with family law or juvenile law case responsi-bility
in the curriculum selected by the Child Abuse
Training Coordinating Council. In the event a curricu-lum
is not selected by the CATCC, the chief justice
will convene a committee to identify an appropriate
curriculum before September 1, 1991. An appropri-ate
curriculum will include a minimum of 32 hours
training in child abuse and neglect and the dynamics
of family violence and will include a yearly review
and update component. (X.A.4., page 43)
5. direct the Office of the Court Administrator to pre-pare
a synopsis of current statutory and case law
on appointment of counsel for the child in deprived
and criminal cases to be completed by January 1,
1990, and distributed to all judges. (XI.A.1., page 44)
6. direct the Office of the Court Administrator to con
duct a survey of all judges with family law, juvenile
law, and/or criminal law responsibility on practice
and procedure regarding appointment of counsel for
children, including an estimate of monetary cost, at
each stage of deprived or criminal proceedings. This
study will be initiated by November 1, 1989, and
completed by February 1, 1990. (XI.A.2., page 44)
7. convene a committee to study the results of the
survey and develop a plan to deal with problems
identified, including cost problems. This plan will be
developed by June 1, 1990, and implemented by
October 1, 1990. (XI.A.3., page 44)
The Oklahoma Attorney General should:
1. develop a plan and propose necessary legislation
to establish an appeal process in the Attorney
General's Office of actions taken by District Attor-neys
in child abuse and neglect cases. This appeal
may be initiated upon a recommendation of the
Oklahoma Commission on Children and Youth or at
the discretion of the Attorney General. (XXVI.A.4.,
page 64).
The District Attorney's Council should:
1. develop or contract for a specialized curriculum, pre-service
and ongoing, on child abuse and domestic
violence by November 1, 1990. The Council should
participate on and coordinate adopted training
through the proposed Child Abuse Training
Coordinating Council. (XXVI.A.1. and 2., page 64)
11
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2. also adopt or develop a module of multidisciplinary
training to emphasize probation and treatment plan
restrictions to protect the child victim. (XXVI.A.2.,
page 64)
One group of studies examined the child
rearing practices in homes of offenders
convicted of first degree murder or who
were habitually violent and found that when
those offenders were children they had
been the victims of remorseless physical
brutality at the hands of their parents.
National Center on Child Abuse and Neglect
u.s. Department of Health and Human Services
Washington, D.C.
The Oklahoma Medical Association and
Oklahoma Osteopathic Association should:
1. identify and encourage participation in statewide
multidisciplinary training for all Oklahoma physicians
who offer primary care to children, and should
participate on the proposed Child Abuse Training
Coordinating Council. The Council should identify,
by July 1, 1991, for review and approval of the
medical community, in residency training and
continuing education courses on abuse and neglect
identification, reporting, and treatment for pediatri-cians
and family practitioners, (XXVII,A,1., page 65)
2. during FY 1991, the University of Oklahoma College
of Medicine and Oklahoma Children's Hospital seek
funds to develop a program of consulting assistance
to physicians in rural areas on diagnosing, docu-menting,
and testifying on child abuse and neglect.
(XXVII.A.3., page 65)
The Council on Law Enforcement, Educa-tion,
and Training should:
1. effective July 1, 1990, increase the number of hours
of pre-service training and provide at least eight
hours of on-going training in domestic violence and
child abuse for law enforcement officers. (VII.A.1.,
page 39).
2. coordinate with the proposed Child Abuse Training
Coordinating Council after March 1, 1990, for pre-service
training, in-service training, and annual
continuing education on family violence and child
abuse for law enforcement officers.
The Oklahoma State Department of Health
should:
1. request FY 1991 funding from the Legislature of $3
million to provide full-service health departments
with strong child guidance clinics in every county.
(XX.A.3., page 55)
The State Department of Education should:
1. during FY 1990, arrange for training in child abuse
and neglect for teachers and other public school
personnel to emphasize reporting responsibilities
and confidentiality. (XVIII,A.3., page 53)
The State Department of Mental Health
should:
1. request sufficient funding for FY 1991 to implement
a statewide network of domestic violence shelters.
(XXI,A.2., page 56)
The Oklahoma Commission on Children
and Youth should:
1. establish by January 1, 1990, a standing committee
of state agency directors to generate ideas and
encourage cooperation among programs providing
services to abused and neglected children. (XX.A.5.,
page 55)
The Governor of the State of Oklahoma
should:
1. include in his budget message to the Legislature
provisions in the proposed budgets of the
Department of Human Services, the Department of
Mental Health, the Department of Health, and the
Commission on Children and Youth to fund the
implementation of the Study Commission
recommendations.
2. offer the support of the Governor's Office to
legislation proposed which will implement Study
Commission recommendations.
3. issue an Executive Order which converts the Child
Abuse Study Commission to the Child Abuse and
Neglect Commission.
12
"We are guilty of many errors and many
faults, but
Our worst crime is abandoning the children,
Neglecting the fountain of life.
Many of the things we need can wait.
The child cannot.
Now is the time his bones are formed;
His blood is constituted;
His senses are being developed.
We cannot answer him "Tomorrow."
His name is "Today."
Gabriella Mistral
Nobel Prize Winner, Poetry
The Child Abuse Study Commission will:
1. monitor the achievement of each action step listed in
this report.
2. assist with writing proposed legislation, such as
creation of the Oklahoma Child Death Review
Board, liability protection for medical professionals,
and increased penalties for crimes of abuse.
(XXVII.A.2., page 65; and XXVI.A.3., page 64)
3. assist when requested with developing proposed
programs, such as a plan for an appeal process in
the Attorney General's office to actions taken by
courts. (XXVI.A.4., page 64)
13
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INTRODUCTION--------------
"In the little world in which children have their
existence, whosoever brings them up, there is nothing
so finely perceived and so finely felt as injustice."
Charles Dickens
A Case History
Matthew is dead. He died on March 26, 1988
alone, struck by a car while wandering the streets in the
middle of the night with no place to go after fleeing his
home. This 12 year old boy is not included in the Medical
Examiner's list of 54 children who died in Oklahoma
during 1987 and 1988 as a result of confirmed child
abuse and child neglect. He should be case number 05,
From 1979, when the family first came to the
attention of the child protection system, to March 4,
1988, when the children were again returned to their
mother's custody by the court, Matthew and his six
siblings were involved in 10 confirmed incidents of
serious abuse and neglect. Sexual abuse was confirmed
at least three times, and serious neglect at least five
times. They were "vulnerable childen" whose best
interest was swept aside in favor of a mother who could
not protect or provide for her family.(1)
Oklahoma's child protection system failed these
children:
The children were repeatedly neglected,
deprived, and abused, but were left in a
grossly inadequate parent-child relationship.
The Department of Human Services,
prosecutors, the Court, district attorneys,
the attorney for the children, doctors, and
other professionals failed to collaborate in a
multidisciplinary coordinated review of
circumstances affecting these children.
The numerous service plans prepared for
this family by the Department of Human
Services were inappropriate and unrealistic.
The continued acceptance by caseworkers
of maternal excuses contributed to
inadequate case planning.
Inadequate training and supervision as well
as frequent turnover among DHS workers
and assistant district attorneys resulted in a
lack of continuity of case monitoring. Each
time a new person became involved, the
family was given another chance to respond
to treatment. During one year, three
different DHS workers were assigned to this
case. Six different Assistant District
Attorneys were also involved.
The court system also failed to properly
protect the children. The children were
wards of the court during a nine year period.
During that time the children were victims of
criminal acts, including child sexual abuse,
but the perpetrators received neither
appropriate treatment nor appropriate
punishment. The attorney representing the
children also represented the abuser of his
clients. The goal of the system remained to
reunite the family, finding that it was in the
best interest of tne cnildren, Tnat was not
true for Matthew, victim of child neglect one
last time, now dead.
Matthew was killed as much by the system that
should have protected him as by the car that struck him.
The child protection system was an accessory to his
death. This case illustrates the multiple failures of the
child protection system which are repeated throughout
Oklahoma.
Historical Overview of the Abuse of Chil-dren
The Oklahoma Child Abuse Study Commission
was legislatively mandated to examine all Oklahoma
laws, policies, and procedures relating to child abuse
and neglect. One hundred years ago such a study would
not have been possible. Historically, society has ac-cepted
maltreatment of children. The evolution of the
current system of child protection is a phenomenon of
the twentieth century. Historic records contain evidence
of violence against children, both physical and emo-tional,
including child neglect and sexual exploitation.(2)
Infanticide, exposure, child slavery, and child labor were
accepted practices in cultures as diverse as ancient
Rome, England, China, and the United States.
Common to culturally accepted child maltreat-ment
are two beliefs:
1. "Children were seen as their parents'
property and it was taken for granted that
parents had every right to treat their children
as they saw fit. ... ", and
2. "... harsh treatment was justified by the
belief that severe physical punishment was
necessary to maintain discipline, transmit
educational decisions, and expel evil
spirits."(3)
15
The beginning of a change in these views was
the development in the United States during the nine-teenth
century of a new understanding of the needs of
children and their right to be protected from abuse and
neglect.(4)
In 1825, the New York Society for the Reforma-tion
of Juvenile Delinquents established an institution
primarily to provide services to delinquent children and,
secondarily, for neglected and abused children. In 1874,
the New York Society for the Prevention of Cruelty to
Children was organized as a result of the famous Mary
Ellen Wilson case in which animal cruelty laws were
used to protect an abused child.(5) By the early 1920's,
most states had passed specific laws against child
maltreatment, often within the context of newly created
juvenile courts. By the late 1930's, basic networks of
public and private child welfare agencies developed.(6)
The recognition by the medical community of
"the battered child syndrome", a term first described in
1860 by Ambroise Tardieu, a professor of legal medicine
in Paris,(7) accompanied the evolution of the child
protection movement. It was not, however, until the early
1960's when an interdisciplinary presentation was
arranged by C. Henry Kempe for the annual meeting of
the American Academy of Pediatrics on the battered
child syndrome, followed by an article in the Journal of
the American Medical Association, which incorporated
pediatric, psychiatric, radiological, and legal concepts,
that there was a comprehensive description of the
s~ndrome,(8)
In 1963, the United States Children's Bureau
promulgated a model law that required physicians to
reportchildren with a "serious p~~sicalinju~ or injuries
inflicted other than by accidental means" to a child
protection agency. Within four legislative years, all 50
states enacted reporting laws modeled after the
Children's Bureau proposal.(9)
The 1960's marked the beginning of a rapid
evolution of the child protection system. The abused and
neglected child became the object of community concern
and the subject of a developing body of laws, policies,
and procedures which spanned the legal, lawenforce-ment,
and human service systems.
The Study of National Incidence and Prevalence
of Child Abuse and Neglect, published in 1988 by the
U.S. Department of Health and Human Services con-cluded
that more than one and one-half million children
experienced abuse or neglect in 1986. The most fre-quent
type of abuse was physical, followed by emotional
and sexual abuse. In 1986,375,000 American children
suffered sexual abuse. Since 1980, the number of cases
of maltreatment increased 66%. The most significant
portion of the increase represented an increase in the
incidence of abuse (74%). Since 1980, physical abuse
increased nationally by 58% and the incidence of sexual
abuse more than tripled. Reporting and confirmation
patterns were found not to have changed significantly,
with an estimated 53% of all reported cases substanti-ated
by protective service units.
Incidents of child abuse, child neglect, and child
sexual abuse in Oklahoma have increased at the same
alarming rate. Although the percentage of children in the
general population has remained steady (27%), reports
of abuse and neglect have increased 120% over the last
eight years: from 10,109 in fiscal year 1981 to 23,179 in
fiscal year 1988. The number of confirmed cases of
abuse and neglect increased 101%: from 3,733 in fiscal
year 1981, to 7,522 in fiscal year 1988.
Perhaps the most alarming statistic is that child
abuse and/or child neglect claimed the lives of 162
children in Oklahoma in the past six years; 54 of those
children died between July 1, 1986, and June 30, 1988.
Child abuse and child neglect result in perma-nent
and serious damage to the physical, emotional, and
mental development of children. Severe physical injuries
cause mental retardation, blindness, deafness, loss of
limbs, and disfigurement. An estimated 50% of abused
children will experience significant developmental
delays, slow physical growth or mental development,
and impairments in language, perceptual or motor skills.
The most severe abuse results in coma or death.
Abuse and neglect are oijen as dama~in~
emotionally as they are physically, resulting in lowered
self esteem, poor self concept, and defensive function-ing,
Abused children often exhibit higher levels of
aggression, anxiety, and self destructiveness. The
abused child is likely to become a troubled teenager and
an equally troubled adult, requiring costly juvenile
detention, and psychiatric treatment, and subsequent
prison confinement.
Providing prevention and intervention services to
families and children is not only in the best interest of the
children, it is in the social and financial interest of
Oklahoma. The Study Commission's report examines
specific issues which confront the child protection
system and impair the effectiveness of the system.
16
PRIMARY COMPONENTS OF OKLAHOMA'S CHILDPROTECTION
SySTEM-----------------------------------
The State of Oklahoma has designated by law and
policy three primary systems which respond to reported
incidents of child abuse, child neglect, and child sexual
abuse:
Law Enforcement, which includes police and
sheriff departments;
the legal system, which includes the courts,
district attorneys, practicing attorneys, and the
statutes which govern the actions of these
components; and
the social service system, primarily the
Department of Human Services, Division of
Children anaYou\~ SeN~e~, C~i\~We~are Unit
These \hree maior s~s\ems are augmenlect by a commu-nity
network of health and social service providers. The
legal system, law enforcement, and the Department of
Human Services are only three of at least fifteen related
components including schools, private social service
agencies, and public and private health services.
The Legal System
"In the eyes of the law, to be a CHILD is to be at
risk, dependent, and without capacity or authority to
decide free of parental control what is best for oneself.
To be an adult is in law to be perceived as free to take
risks with the independent capacity and authority to
decide what is best for oneself without regard to parental
wishes. To be an ADULT who is a parent is therefore to
be assumed by law to have the capacity, authority, and
responsibility to determine and to do what is good for
one's children, what is best for the entire family."(1 0)
The legal system is society's method of resolv-ing
disputes or conflicts between people. The adversary
process, the presentation of two conflicting points of
view by an advocate, is the method used to resolve
conflict. This method, however, "has not proved to be
appropriate in family law, where the need is for harmo-nizing
the interests of the family members, and negotiat-ing
conflicts between the rights of parents and the rights
and developmental needs of children. In family law, the
predominant need is not to establish guilt, but to work
out complex interpersonal, economic, and social prob-lems".(
11 )
Laws which allow for state intervention in the
family range from the assignment of a child at birth to his
biological parents by birth certificate to the removal of
the child if the child is at risk and the parents are found
to be unfit. "The traditional goal of state intervention is to
serve the best interest of the child".(12)
Laws which permit intervention in the family
exist in two broad areas and empower each component
of the child protection system.(13)
1. Those matters about which there is clear
societal consensus such as compulsory
education, compulsory immunization, child
labor.
2, Those matters which allow iud~esana state
a~enc~~ersonnel to act as ~arents ~atr\ae
lito investi~atel ~u~eNisean,a supervene
~arental iuo~ment"I
In Oklahoma the laws which relate to the child
protection system are contained in two sections of
statutes. Title 10, first enacted in 1909 and subse-quently
amended, provides the statutory scheme pursu-ant
to which the legal system may intervene to protect
the abused or neglected child. This scheme also is
designed to protect the rights of the parents and chil-dren.
Title 21, which deals mainly with criminal matters.
contains the laws which govern reporting of child abuse
and neglect.
The most common way in which a child comes
to the attention of the child protection system is through
a report made pursuant to Title 21, O.S. §846 (1987) to
the Department of Human Services, specifically:
Every physician or surgeon, including doctors of
medicine and dentistry, licensed osteopathic
physicians, residents and interns, examining,
attending or treating a child under the age of
eighteen (18) years and every registered nurse
examining, attending, or treating such child in
the absence of a physician or surgeon, every
teacher of any child under the age of eighteen
(18) years and every other person having
reason to believe that a child under the age of
eighteen (18) years has had physical injury or
injuries inflicted upon him or her by other than
accidental means where the injury appears to
have been caused as a result of physical abuse
or neglect, shall report the matter promptly to the
county office of the Department of Human
Services in the county wherein the suspected
injury occurred.
17
After a petition is filed with the Juvenile Division
of the District Court, a summons is issued, "requiring the
person or persons who have the custody or control of
the child to appear personally and bring the child before
the court at a time and place stated". (§1104)
"If it appears that the child is in such condition or
surroundings that his welfare requires that his custody
be immediately assumed by the court, the judge may
immediately ... authorize the taking of the child into
custody". (§ 1104 [d])
"A hearing on the petition is conducted, as in all
other cases, except the hearing is private, unless
specifically ordered by the judge to be conducted in
public". (§1111)
"If the trier of fact finds, by a preponderance of
the evidence, that the allegations of the petition are
supported by the evidence, and that it is in the child's
best interest that he or she be made a ward of the court,
the court will make an order of adjudication finding the
child is deprived". (§1114)
The statutes provide a full range of procedural
due process protections, including the right to trial by
jury and the right to counsel.
The Juvenile Court system functions most
appropriately to review and monitor the work of compe-tent
professionals who are skilled in human relations and
family dynamics and able to devise and manage treat-ment
~Ianslorchildren and familie~,The ~urt,when
lunClionin~ i~Ballr,~rovldesau!~orlo/re~Ulred10ensure
im~lemenla!lon an~ monitoring 01 the plan, (j4)
Law Enforcement
Law enforcement, which includes the sheriff of
each county and police departments which exist in
communities, has the primary role of investigating
incidents of crime in Oklahoma. Child abuse, child
neglect, and child sexual abuse are crimes.
The focus of child protection was originally law
enforcement. The first child protection agency, the New
York Society for the Prevention of Cruelty to Children,
was ''the model for the law enforcement approach to
child rescue, with its agents exercising police powers
under legislative authority". (15)
During the 1960's most states moved from a
pure law enforcement approach to child protection to a
"child protective services response to suspected inci-dents
of maltreatment".(16) This is the scheme utilized in
Oklahoma, a scheme which emphasizes treatment
rather than punishment. Law enforcement, however,
retains an important role in this scheme.
A law enforcement officer is authorized to
immediately take custody of any child who is in a situ-ation
which endangers his welfare. The officer is then
required to report to the judge (§1107), and the provi-sions
of 10 O.S. §1101 controls the judge's subsequent
action.
The larger police departments in Oklahoma
provide specialized children's and child abuse units, with
officers who are trained in child abuse investigation and
interviewing techniques. At least one city (Tulsa) is
utilizing a multidisciplinary team approach (including the
District Attorney, Department of Human Services, Police
Department, and a physician) to managing child abuse
and neglect cases.
The Office of the District Attorney is authorized
by 19 O.S. §215.1(1965). The District Attorney, or his or
her assistants, are required to "prosecute all actions for
crime committed in his district. .. " (19 O.S. §215.4
[1965]) including the filing of a petition in juvenile pro-ceedings
(10 O.S. §1103 [1982]) which include cases of
abuse and neglect. The District Attorney represents the
State of Oklahoma in all child protection proceedings.
The District Attorney receives child abuse re-ports
from the Department of Human Services pursuant
to 21 O.S. §846. Exact procedures for the processing of
these reports to determine if a petition should be filed in
juvenile court, a criminal complaint should be filed
against the perpetrator, or both, are unique to each
D.A.'s office.
TheSocial Service Sfstem
Tne egla~lis~menl 01a c~lwl~e/lare srS1em ana
chl~ren's proleellva ~eNice~wa~a10~lcaldevelo~menl
of the child welfare movement in the United States. In
Oklahoma, the state agency previously known as the
Department of Public Welfare and then the Department
of Institutions, Social and Rehabilitative Services,
became known in 1980 as the Department of Human
Services (56 O.S. §162.1).
The social service component of the child
protection system has become synonymous with the
Department of Human Services because this agency
provides the state funded response to this problem.
Within the current Department of Human Services, the
Division of Children and Youth Services, Child Welfare
Unit is the entity designated to ensure that children are
protected from harm. There are two aspects to the
mandate:
1. To identify, treat, and prevent child abuse
and neglect; and
18
2. To ensure that reasonable efforts are made
to maintain and protect children in their own
homes.
The Child Welfare Unit provides directly or
contracts with individuals or agencies to provide services
to abused and neglected children and their families,
including a statewide child abuse hotline; investigation of
reports; treatment services; foster homes services,
community based residential care services, and emer-gency
shelter and group home services. There are
numerous health and social service providers that also
voluntarily serve abused and neglected children.
The Department of Human Services is the
agency mandated by 21 O.S. §846 to receive reports of
child abuse. The county office receiving the report
investiga!eS and forwards findings to the District Attor.
ney: DHS is also mandated to maintain a ~ermanenl
r~~II~I\~~~~n~\raCl ~\loA~useRe~I~0\1~allre~on
llnaln~S, I
PU~suant\0 Title 10 O.S. §11 01, et seq. (1988)
the Department of Human Services may make the
preliminary inquiry to determine whether the interests of
the child require that court action be taken (§11 03),
provide protective custody, provide investigative informa-tion
to the court, post adjudication placement plans
(§1115.1), and review reports (§1116.1).
DHS operates under the scrutiny of the court.
Children can not be removed from their homes without a
court order, except for a brief period of time on an
emergency basis by a law enforcement officer, and no
order of a court may be entered without a determination
by the court of whether or not "reasonable efforts have
been made to prevent the need for removal and, as
appropriate, reasonable efforts have been made to
provide for the return of the child to his home; or without
a determination whether or not an absence of efforts to
prevent the removal of the child from his home is rea-sonable
under the circumstances, if such removal of the
child from his home is due to an alleged emergency and
is for the purpose of providing for the safety of the child".
(§1104.1)
Conclusion
Child abuse, child neglect, and child sexual
abuse are a community problem that require a commu-nity
response. The child protection system is not one
agency or one service delivery system. The system
includes a complex network of functions and activities.
All individuals and agencies must coordinate services
and cooperate in an interdisciplinary interagency effort to
perform the protective service function adequately.(17)
19
HISTORYANDSTRUCTUREOFTHEOKLAHOMACHILDABUSE
STUDYCOMMISSION-------------
In Oklahoma, the child protection system is
failing. The Oklahoma Child Abuse Study Commission
was created by legislation proposed by Governor Henry
Bellmon in response to his concern that "even one death
from child abuse is a terrible tragedy. To have more than
50 of Oklahoma's children die from abuse and neglect in
less than two years is totally intolerable. We must, can
and will improve our laws, our policies, our procedures,
and our programs for dealing with this insidious prob-lem."
The membership of the Study Commission was
divided into four task groups:
Law Enforcement, Legal, and Judicial which
focused on the functioning of those systems
relevant to the reporting, investigation, and
prosecution of abuse and neglect.
Title 62 O.S. §21 mandated the Study Commis-sion
to examine Oklahoma's law, policies, procedures,
~ndpracti,ces related to child abuse and neglect, includ.
Ing reporting requirements and practices, investigating
procedures, civil proceedings to remove children from
their ho~es, crlmi~al prosecutions, and any other aspect
of the child protection system the Study Commission
may determine it should review. (For full text of statute
see Appendix, page 76.) The 27 members of the Study
Commission were appointed by the Governor, the
Speaker of the House of Representatives, and the
President Pro Tempore of the Senate. All meetings were
held in compliance with the Open Meeting Act, although
executive sessions were convened to review information
on individual child abuse investigations.
Department of Human Services, which focused
on agency policy and procedures for the protec-tion
of abused and neglected children and their
families as they relate primarily to intervention
and case planning.
The Community Service System, which focused
on other state, local, and private agencies
providing prevention and treatment servces to
children and their families.
The first task of the Commission was to identify
and adopt a Mission: "To provide legislative and admin-istrative
recommendations which, upon implementation,
will improve the system which protects the children of
Oklahoma from all forms of child abuse and neglect."
System Failure: Recurring Abuse and Child
Deaths, which focused on the systemic gaps
that are evident from cases of child abuse
and/or neglect, especially when neglect or
abuse continues after initial intervention, or
when the death of a child occurs as a result of
abuse.
The following goals were established:
1. Develop a legiSlative agenda for changes in
the statutes which govern the reporting,
investigation, and adjudication of incident's
of child abuse and neglect.
2. Recommend changes in agency policy and
procedures which will facilitate the protection
of children.
3. Develop budgetary recommendations for
implementation of recommended strategies.
21
THE FOUNDATION: PRINCIPLES FOR OKLAHOMA'S CHILD
PROTECTION SYSTEM ------------
Society creates social programs in response to a perceived problem. Once created, however, a program can
grow and expand to such a degree that any sense of the original mission of the program is subverted or lost.
In order to accomplish a complex task when diverse interests share responsibility for the task, all actions must
be founded on a common set of principles or beliefs which provide guidance and direction to activities. A common
mission, which is based on a well articulated set of principles, will ensure that, as programs grow and many organiza-tions
become involved in addressing a problem, the activities of all components are mutually supportive and consis-tent.
Protecting Oklahoma's children from abuse and neglect is a complex task addressed by a network of organi-zations.
All components of the child protection system must function as interdependent components rather than as
independent entities if the network is to succeed. To achieve this all components must operate according to a com-mon
set of prinCiples which are the foundation of the activities of all organizations sharing the responsibility for accom-plishing
this important mission.
The Oklahoma Child Abuse Study Commission recommends that the operation of all programs, services, and
activities of public and private organizations charged with protecting our children be founded upon the following
principles:
Each child Is a unique, valuable, and treasured resource.
The primary protector of a child Is his/her family. Society shares this responsibility and should
preserve the family's dignity and its right to make decisions to the fullest extent possible.
Every child needs to be loved and nurtured consistently by another human being.
Every child needs to feel safe and secure.
Every child needs to have a home.
Each child needs to be protected from those stronger and more powerful who threaten their
safety and security.
All children need access to adequate nutrition, and physical and mental health care.
All children need to be educated to the limits of their capability through processes designed to
develop their maximum potential.
Childhood Is a time for exploring and learning through both success and failure. Each child
should be allowed to experience the opportunities of childhood without the expectations
Imposed on mature adults, and be permitted meaningful choices at appropriate points in their
development.
23
Services provided to children and their families should be tailored to the needs of Individual
children and reflect the sequence, pattern, and circumstances of a child's current functioning.
Children cannot speak for themselves and must rely on others to speak for them.
Those appointed to speak for children must be free of conflicting obligations and knowledge-able
in the needs of children.
Processes which protect children must be speedy and decisive so that the permanency of
children's lives is maximized.
Every child who is In conflict with society should be dealt with compassionately as society'S
charge, not society'S outcast.
These principles should be applied equally to all children without distinction or discrimination
because of race, color, sex, handicap, religion, or beliefs.
24