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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 987 By: Weaver of the Senate
and
Bush of the House
An Act relating to child abuse or neglect; amending
10A O.S. 2011, Section 1-2-105, as last amended by
Section 2, Chapter 342, O.S.L. 2017 (10A O.S. Supp.
2020, Section 1-2-105), which relates to
investigations of child abuse or neglect; allowing
for interview during investigation of child abuse or
neglect; empowering the court to order child be
transported for interview; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2011, Section 1 -2-105, as
last amended by Section 2 , Chapter 342, O.S.L. 2017 (10A O.S. Supp.
2020, Section 1-2-105), is amended to read as follows:
Section 1-2-105. A. 1. Any county office of the Department of
Human Services receiving a child abuse or neglect report shall
promptly respond to the report by initiating an investigation of the
report or an assessment of the family in accordance with priority
guidelines established by the Department. The Department may
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prioritize reports of alleged child abuse or neglect based on the
severity and immediacy of the alleged harm to the child. The
Department shall adopt a priority system pursuant to rules
promulgated by the Department. The primary purpose of the
investigation or assessment shall be the protection of the child.
For investigations or assessment s, the Department shall give special
consideration to the risks of any minor, including a child with a
disability, who is unable to communicate effectively about abuse,
neglect or other safety threat or who is in a vulnerable position
due to the inability to communicate effectively.
2. If an investigation or assessment conducted by the
Department in response to any report of child abuse or neglect shows
that the incident reported was the result of the reasonable exercise
of parental discipline involving th e use of ordinary force,
including, but not limited to, spanking, switching, or paddling, the
investigation or assessment will proceed no further and all records
regarding the incident shall be expunged.
B. 1. The investigation or assessment shall includ e a visit to
the home of the child, unless there is reason to believe that there
is an extreme safety risk to the child or worker or it appears that
the referral has been made in bad faith. The visit shall include an
interview with and examination of the subject child and may be
conducted at any reasonable time and at any place including, but not
limited to, the child ’s school. The Department shall notify the
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person responsible for the health, safety, and welfare of the child
that the child has been inter viewed at a school. The investigation
or assessment may include an interview with the parents of the child
or any other person responsible for the health, safety, or welfare
of the child and an interview with and examination of any child in
the home.
2. The investigation or assessment may include a medical,
psychological, or psychiatric examination of any child in the home ,
and may include an interview conducted by appropriate personnel
using the protocols and procedures specified in Section 1 -9-102 of
this title. If admission to the home, school, or any place where
the child may be located cannot be obtained, then the district court
having jurisdiction, upon application by the district attorney and
upon cause shown, shall order the person responsible for the health,
safety, or welfare of the child, or the person in charge of any
place where the child may be located, to allow entrance for the
interview, the examination, and the investigation or assessment.
The court may order that the child be transported to a location
approved by the court for the interview or examination and designate
an appropriate person or persons to transport the child. Such
persons may include but are not limited to: a relative of the child ;
a person responsible for the child ’s health, safety, or welfare; law
enforcement personnel; employees of the Department of Human
Services; or employees of the Office of Juvenile Affairs if the
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child is in the custody of the Offi ce of Juvenile Affairs . When
making this determination, the court s hall consider safety protocols
based on the gender of the child. If the person responsible for the
health, safety, or welfare of the child does not consent to a
medical, psychological, or psychiatric examination of the child that
is requested by the Depar tment, the district court having
jurisdiction, upon application by the district attorney and upon
cause shown, shall order the examination to be made at the times and
places designated by the court.
3. The investigation or assessment may include an inquir y into
the possibility that the child or a person responsible for the
health, safety, or welfare of the child has a history of mental
illness. If the person responsible for the child ’s health, safety,
or welfare does not allow the Department to have acces s to
behavioral health records or treatment plans requested by the
Department, which may be relevant to the alleged abuse or neglect,
the district court having jurisdiction, upon application by the
district attorney and upon good cause shown, shall by orde r allow
the Department to have access to the records pursuant to terms and
conditions prescribed by the court.
4. a. If the court determines that the subject of the
behavioral health records is indigent, the court shall
appoint an attorney to represent th at person at the
hearing to obtain behavioral health records.
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b. A person responsible for the health, safety, or
welfare of the child is entitled to notice and a
hearing when the Department seeks a court order to
allow a psychological or psychiatric examin ation or
access to behavioral health records.
c. Access to behavioral health records does not
constitute a waiver of confidentiality.
5. The investigation of a report of sexual abuse or serious
physical abuse or both sexual abuse and serious physical abus e shall
be conducted, when appropriate and possible, using a
multidisciplinary team approach as provided by Section 1 -9-102 of
this title. Law enforcement and the Department shall exchange
investigation information.
6. The investigation or assessment sha ll include an inquiry
into whether the person responsible for the health, safety or
welfare of the child is an active duty service member of the
military or the spouse of an active duty service member. The
Department shall collect and report information r elated to the
military affiliation of the person or spouse responsible for the
health, safety or welfare of the child to the designated federal
authorities at the federal military installation where the service
member is assigned as provided by paragraph 4 of subsection A of
Section 1-2-102 of this title.
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C. 1. Every physician, surgeon, or other health care provider
making a report of abuse or neglect as required by this section or
examining a child to determine the likelihood of abuse or neglect
and every hospital or related institution in which the child was
examined or treated shall provide copies of the results of the
examination or copies of the examination on which the report was
based and any other clinical notes, x -rays, photographs, and other
previous or current records relevant to the case to law enforcement
officers conducting a criminal investigation into the case and to
employees of the Department conducting an assessment or
investigation of alleged abuse or neglect in the case.
2. As necessary in the course of conducting an assessment or
investigation, the Department may request and obtain, without a
court order, copies of all prior medical records of a child
including, but not limited to, hospital records, medical, and dental
records. The physician-patient privilege shall not constitute
grounds for failure to produce such records.
D. 1. The Department shall engage in a collaborative decision -
making process to address each child ’s needs related to safety and
whether the child’s condition warrants a safety intervention
including but not limited to a change in placement, and:
a. those involved in the collaborative decision -making
process shall include at a minimum appropriate
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Department staff, the parents of the child and, if the
parent requests, an advocate or representative,
b. to protect the safety of those involved and to promote
efficiency, the Department may limit participants as
determined to be in the best interests of the child,
c. the Department shall make reasonable efforts to
provide a trained facilitator to guide the decision -
making process, and
d. any determination that a collaborative decision -making
process is not possible or is unnecessary shall
require supervisor approval and documentation of the
reasons supporting the determina tion.
2. If, before the assessment or investigation is complete, the
Department determines that immediate removal of the child is
necessary to protect the child from further abuse or neglect, the
Department shall recommend that the child be taken into cus tody and,
if feasible, utilize the collaborative decision -making process
provided by paragraph 1 of this subsection prior to the emergency
custody hearing.
E. The Department shall make a complete written report of the
investigation. The investigation rep ort, together with its
recommendations, shall be submitted to the appropriate district
attorney’s office. Reports of assessment recommendations shall be
submitted to appropriate district attorneys.
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F. The Department, where appropriate and in its discreti on,
shall identify prevention - and intervention-related services
available in the community and refer the family to or arrange for
such services when an investigation or assessment indicates the
family would benefit from such services, or the Department ma y
provide such services directly. The Department shall document in
the record its attempts to provide, refer or arrange for the
provision of voluntary services and shall determine within sixty
(60) days whether the family has accessed those services direc tly
related to safety of the child. If the family refuses voluntary
services or does not access those services directly related to
safety of the child, and it is determined by the Department that the
child’s surroundings endanger the health, safety, or we lfare of the
child, the Department may recommend that the child be placed in
protective or emergency custody or that a petition be filed.
G. If the Department has reason to believe that a person
responsible for the health, safety, and welfare of the child may
remove the child from the state before the investigation is
completed, the Department may request the district attorney to file
an application for a temporary restraining order in any district
court in the State of Oklahoma without regard to continuin g
jurisdiction of the child. Upon cause shown, the court may enter a
temporary restraining order prohibiting the parent or other person
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from removing the child from the state pending completion of the
assessment or investigation.
H. The Director of the D epartment or designee may request an
investigation be conducted by the Oklahoma State Bureau of
Investigation or other law enforcement agency in cases where it
reasonably believes that criminally injurious conduct including, but
not limited to, physical or sexual abuse of a child has occurred.
I. Child Welfare Services, in collaboration with the
Developmental Disabilities Services Division, shall implement a
protocol to be used in cases where the subject child is a child with
a disability who has complex m edical needs, and the protocol shall
include, but not be limited to: resource coordination, medical
consultation or medical evaluation, when needed.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITT EE ON JUDICIARY - CRIMINAL, dated
03/24/2021 - DO PASS.