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SENATE FLOOR VERSION
February 19, 2021
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 chi ld 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
prioritize reports of alleged child abuse or neglect based on the
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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 assessments, the Departme nt 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 a ssessment conducted by the
Department in response to any re port of child abuse or neglect shows
that the incident reported was the result of the reasonable exercise
of parental discipline involving the use of ordina ry force,
including, but not limited to, spanking, switching, or paddling, the
investigation or asse ssment will proceed no further and all records
regarding the incident shall be expunged.
B. 1. The investigation or a ssessment shall include a visit to
the home of the child, unless there is reas on to believe that there
is an extreme safety risk to the c hild 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 a nd may be
conducted at any reasonable tim e and at any place including, but not
limited to, the child ’s school. The Department shall notify the
person responsible for the health, safety, and welfare of the child
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that the child has been interviewed at a sch ool. 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 c hild in
the home.
2. The investigation or assessment may include a medical,
psychological, or psychiatric examination of any child in th e 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 plac e where
the child may be located cannot be obtained, then t he 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 per son 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 th e child be transported to a location
approved by the court for the interview o r 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
child is in the custody of the Office of Juvenile Affairs . When
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making this determination, the court shall consider s afety 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 ps ychiatric examination of the child that
is requested by the Department, the dist rict court having
jurisdiction, upon ap plication 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 inquiry into
the possibility that the child or a person resp onsible 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 access to
behavioral health records or treatment plans requ ested 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 order allow
the Department to have access to the records p ursuant 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 that person at th e
hearing to obtain behavioral health r ecords.
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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 s eeks a court order to
allow a psychological or psychiatric examination 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 seri ous
physical abuse or both sexual abuse and serious physical abuse shall
be conducted, when appropriate and possible, u sing 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 shall include an i nquiry
into whether the person responsi ble 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 servi ce member. The
Department shall collect and report information related to the
military affiliation of the person or sp ouse responsible for the
health, safety or welfare of the child to the designated federal
authorities at the federal military installatio n 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 r elated institution in which the child w as
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 en forcement
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 l imited 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 chil d’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 faci litator 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 a pproval and documentation of the
reasons supporting the determination.
2. If, before the assessment or investigation i s 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 custody and,
if feasible, utilize the collaborative decis ion-making process
provided by paragraph 1 of this subsection prior to the emergency
custody hearing.
E. The Department shall make a com plete written report of the
investigation. The investigation report, together w ith its
recommendations, shall be submi tted to the appropriate district
attorney’s office. Reports of assessment recommendations shall be
submitted to appropriate district att orneys.
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F. The Department, where appropriate and in its discretion,
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 may
provide such services directly. The Department shal l document in
the record its attempts to provide, refer or arrange for the
provision of voluntary services and shall determine within six ty
(60) days whether the family has accessed those services directly
related to safety of the child. If the family ref uses 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 welfare 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 pe rson
responsible for the health, safety, and welfare of the child may
remove the child from the state before the invest igation is
completed, the Department may request the district attorney to file
an application for a temporary restraining order in any di strict
court in the State of Oklahoma without regard to continuing
jurisdiction of the child. Upon cause shown, the co urt may enter a
temporary restraining order prohibiting the parent or other person
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from removing the child from the state pending complet ion of the
assessment or investigation.
H. The Director of the Department or de signee 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 crimin ally injurious conduct including, but
not limited to, physical or sexual abuse o f 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 medical needs, a nd 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, 202 1.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 19, 2021 - DO PASS