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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2661 By: Echols
AS INTRODUCED
An Act relating to children; creating the Harris
Richardson Act; amending 10A O.S. 2011, Section 1 -2-
108, as amended by Section 1, Chapte r 29, O.S.L. 2015
(10A O.S. Supp. 2020, Section 1-2-108), which relates
to the Department of Human Services statewide central
registry; directing Department to create a
perpetrator registry; specifying date for registry
creation; listing contents of regist ry; requiring
notice be given to perpetrator; providing for
administrative hearing to review decision; requiring
removal if perpetrator poses no risk of harm or
threatened harm to children; prescribing
confidentiality of registry; authorizing disclosure
of registry information to employer or volunteer
organization; limiting information for disclosure;
directing Department to promulgate rules for
registry; providing for noncodification; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Harris
Richardson Act".
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SECTION 2. AMENDATORY 10A O.S. 2011, Section 1 -2-108, as
amended by Section 1, Chapter 29, O.S.L. 2015 (10A O.S. Supp. 20 20,
Section 1-2-108), is amended to read as follows:
Section 1-2-108. A. There is hereby established within the
Department of Human Servic es an information system for the
maintenance of all reports of child abuse, sexual abuse, sexual
exploitation, and neglect made pursuant to the provisions of the
Oklahoma Children's Code.
B. The Children and Family Services Division of the Department
shall be responsible for maintaining a suitably cross -indexed system
of all the reports.
C. The records maintained shall contain, but shall not be
limited to:
1. All information in the written report required by Section 1 -
2-101 of this title;
2. A record of the final disposition of the report including
services offered and services accepted;
3. The plan for rehabilitative treatment; and
4. Any other relevant information.
D. Data and information maintained and related to individual
cases shall be confident ial and shall be made available only except
as authorized by state or federal law.
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E. The Commission for Human Services Department shall
promulgate rules governing the availability of such data and
information.
F. Rules promulgated by the Commission Department shall
encourage cooperation with other states in exchanging reports in
order to effect a national registration system.
G. No person shall allow the data and information maintained to
be released except as authorized by Chapter VI of the Oklahoma
Children's Code law.
H. Records obtained by the Department shall be maintained by
the Department until otherwise provided by law.
I. Beginning January 1, 202 2, the Department shall create a
perpetrator registry which shall contain records of all reports in
which allegations of child abuse, se xual abuse, sexual exploitation
and neglect made on or after January 1, 202 2, pursuant to the
Oklahoma Children's Code are determined to be substantiated after
investigation.
1. The perpetrator registry shall identify the perpetrator of
each substantiated report of child abuse, sexual abuse, sexual
exploitation or neglect and shall include the name, date of birth,
address and other identifying information of the perpetrator. The
Department shall notify the perpetrator that his or her information
is being added to the perpetrator registry and the perpetrator may
request an administrative hearing within thirty (30) days to review
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the decision. If the hearing officer determines the perpetrator
poses no risk of harm or thr eatened harm to the health or safety of
a child, the perpetrator 's information shall be removed from the
registry.
2. Information placed in the perpetrator registry shall be
confidential and may only be disclosed to an employer or volunteer
organization for purposes of screening an applicant, emp loyee or
volunteer who is or will be coming into contact with children in the
course of employment or volunteering. The information subject to
disclosure to an employer or volunteer organization shall be limited
to:
a. confirmation that the applicant, employee or volunteer
has a substantiated report,
b. the date the investigation was completed, and
c. the type of substantiated report.
3. The Department shall promulgate rules necessary to create a
perpetrator registry pursuant to this subsection.
SECTION 3. This act shall become effective November 1, 2021.
58-1-7180 EK 01/15/21