Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB987 Compare Versions

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Version 2 (New)

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3		-	An Act
4		-	ENROLLED SENATE
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	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	ENGROSSED SENATE
5	36		BILL NO. 987 By: Weaver of the Senate
6	37
7	38		and
8	39
9	40		Bush of the House
10	41
11	42
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14	45		An Act relating to child abuse or neglect; amending
15	46		10A O.S. 2011, Section 1-2-105, as last amended by
16	47		Section 2, Chapter 342, O.S.L. 2017 (10A O.S. Supp.
17	48		2020, Section 1-2-105), which relates to
18	49		investigations of child abuse or neglect; allowing
19	50		for interview during investigation of child abuse or
20	51		neglect; empowering the court to order child be
21	52		transported for interview; and providing an effective
22	53		date.
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28		-	SUBJECT: Child abuse or neglect investigations
29		-
30	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
31		-
32	60		SECTION 1. AMENDATORY 10A O.S. 2011, Section 1 -2-105, as
33	61		last amended by Section 2 , Chapter 342, O.S.L. 2017 (10A O.S. Supp.
34	62		2020, Section 1-2-105), is amended to read as follows:
35		-
36	63		Section 1-2-105. A. 1. Any county office of the Department of
37	64		Human Services receiving a child abuse or neglect report shall
38	65		promptly respond to the report by initiating an investigation of the
39	66		report or an assessment of the family in accordance with priority
40	67		guidelines established by the Department. The Department may
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41	95		prioritize reports of alleged child abuse or neglect based on the
42	96		severity and immediacy of the alleged harm to the child. The
43	97		Department shall adopt a priority system pursuant to rules
44	98		promulgated by the Department. The primary purpose of the
45	99		investigation or assessment shall be the protection of the child.
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47		-	ENR. S. B. NO. 987 Page 2
48	100		For investigations or assessment s, the Department shall give special
49	101		consideration to the risks of any minor, including a child with a
50	102		disability, who is unable to communicate effectively about abuse,
51	103		neglect or other safety threat or who is in a vulnerable position
52	104		due to the inability to communicate effectively.
53		-
54	105		2. If an investigation or assessment conducted by the
55	106		Department in response to any report of child abuse or neglect shows
56	107		that the incident reported was the result of the reasonable exercise
57	108		of parental discipline involving th e use of ordinary force,
58	109		including, but not limited to, spanking, switching, or paddling, the
59	110		investigation or assessment will proceed no further and all records
60	111		regarding the incident shall be expunged.
61		-
62	112		B. 1. The investigation or assessment shall includ e a visit to
63	113		the home of the child, unless there is reason to believe that there
64	114		is an extreme safety risk to the child or worker or it appears that
65	115		the referral has been made in bad faith. The visit shall include an
66	116		interview with and examination of the subject child and may be
67	117		conducted at any reasonable time and at any place including, but not
68	118		limited to, the child ’s school. The Department shall notify the
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69	146		person responsible for the health, safety, and welfare of the child
70	147		that the child has been inter viewed at a school. The investigation
71	148		or assessment may include an interview with the parents of the child
72	149		or any other person responsible for the health, safety, or welfare
73	150		of the child and an interview with and examination of any child in
74	151		the home.
75		-
76	152		2. The investigation or assessment may include a medical,
77	153		psychological, or psychiatric examination of any child in the home ,
78	154		and may include an interview conducted by appropriate personnel
79	155		using the protocols and procedures specified in Section 1 -9-102 of
80	156		this title. If admission to the home, school, or any place where
81	157		the child may be located cannot be obtained, then the district court
82	158		having jurisdiction, upon application by the district attorney and
83	159		upon cause shown, shall order the person responsible for the health,
84	160		safety, or welfare of the child, or the person in charge of any
85	161		place where the child may be located, to allow entrance for the
86	162		interview, the examination, and the investigation or assessment.
87	163		The court may order that the child be transported to a location
88	164		approved by the court for the interview or examination and designate
89	165		an appropriate person or persons to transport the child. Such
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91		-	ENR. S. B. NO. 987 Page 3
92	166		persons may include but are not limited to: a relative of the child ;
93	167		a person responsible for the child ’s health, safety, or welfare; law
94	168		enforcement personnel; employees of the Department of Human
95	169		Services; or employees of the Office of Juvenile Affairs if the
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96	197		child is in the custody of the Offi ce of Juvenile Affairs . When
97	198		making this determination, the court s hall consider safety protocols
98	199		based on the gender of the child. If the person responsible for the
99	200		health, safety, or welfare of the child does not consent to a
100	201		medical, psychological, or psychiatric examination of the child that
101	202		is requested by the Depar tment, the district court having
102	203		jurisdiction, upon application by the district attorney and upon
103	204		cause shown, shall order the examination to be made at the times and
104	205		places designated by the court.
105		-
106	206		3. The investigation or assessment may include an inquir y into
107	207		the possibility that the child or a person responsible for the
108	208		health, safety, or welfare of the child has a history of mental
109	209		illness. If the person responsible for the child ’s health, safety,
110	210		or welfare does not allow the Department to have acces s to
111	211		behavioral health records or treatment plans requested by the
112	212		Department, which may be relevant to the alleged abuse or neglect,
113	213		the district court having jurisdiction, upon application by the
114	214		district attorney and upon good cause shown, shall by orde r allow
115	215		the Department to have access to the records pursuant to terms and
116	216		conditions prescribed by the court.
117		-
118	217		4. a. If the court determines that the subject of the
119	218		behavioral health records is indigent, the court shall
120	219		appoint an attorney to represent th at person at the
121	220		hearing to obtain behavioral health records.
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123	248		b. A person responsible for the health, safety, or
124	249		welfare of the child is entitled to notice and a
125	250		hearing when the Department seeks a court order to
126	251		allow a psychological or psychiatric examin ation or
127	252		access to behavioral health records.
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129	253		c. Access to behavioral health records does not
130	254		constitute a waiver of confidentiality.
131		-
132	255		5. The investigation of a report of sexual abuse or serious
133	256		physical abuse or both sexual abuse and serious physical abus e shall
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135		-	ENR. S. B. NO. 987 Page 4
136	257		be conducted, when appropriate and possible, using a
137	258		multidisciplinary team approach as provided by Section 1 -9-102 of
138	259		this title. Law enforcement and the Department shall exchange
139	260		investigation information.
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141	261		6. The investigation or assessment sha ll include an inquiry
142	262		into whether the person responsible for the health, safety or
143	263		welfare of the child is an active duty service member of the
144	264		military or the spouse of an active duty service member. The
145	265		Department shall collect and report information r elated to the
146	266		military affiliation of the person or spouse responsible for the
147	267		health, safety or welfare of the child to the designated federal
148	268		authorities at the federal military installation where the service
149	269		member is assigned as provided by paragraph 4 of subsection A of
150	270		Section 1-2-102 of this title.
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152	298		C. 1. Every physician, surgeon, or other health care provider
153	299		making a report of abuse or neglect as required by this section or
154	300		examining a child to determine the likelihood of abuse or neglect
155	301		and every hospital or related institution in which the child was
156	302		examined or treated shall provide copies of the results of the
157	303		examination or copies of the examination on which the report was
158	304		based and any other clinical notes, x -rays, photographs, and other
159	305		previous or current records relevant to the case to law enforcement
160	306		officers conducting a criminal investigation into the case and to
161	307		employees of the Department conducting an assessment or
162	308		investigation of alleged abuse or neglect in the case.
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164	309		2. As necessary in the course of conducting an assessment or
165	310		investigation, the Department may request and obtain, without a
166	311		court order, copies of all prior medical records of a child
167	312		including, but not limited to, hospital records, medical, and dental
168	313		records. The physician-patient privilege shall not constitute
169	314		grounds for failure to produce such records.
170		-
171	315		D. 1. The Department shall engage in a collaborative decision -
172	316		making process to address each child ’s needs related to safety and
173	317		whether the child’s condition warrants a safety intervention
174	318		including but not limited to a change in placement, and:
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176	319		a. those involved in the collaborative decision -making
177	320		process shall include at a minimum appropriate
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180	348		Department staff, the parents of the child and, if the
181	349		parent requests, an advocate or representative,
182		-
183	350		b. to protect the safety of those involved and to promote
184	351		efficiency, the Department may limit participants as
185	352		determined to be in the best interests of the child,
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187	353		c. the Department shall make reasonable efforts to
188	354		provide a trained facilitator to guide the decision -
189	355		making process, and
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191	356		d. any determination that a collaborative decision -making
192	357		process is not possible or is unnecessary shall
193	358		require supervisor approval and documentation of the
194	359		reasons supporting the determina tion.
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196	360		2. If, before the assessment or investigation is complete, the
197	361		Department determines that immediate removal of the child is
198	362		necessary to protect the child from further abuse or neglect, the
199	363		Department shall recommend that the child be taken into cus tody and,
200	364		if feasible, utilize the collaborative decision -making process
201	365		provided by paragraph 1 of this subsection prior to the emergency
202	366		custody hearing.
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204	367		E. The Department shall make a complete written report of the
205	368		investigation. The investigation rep ort, together with its
206	369		recommendations, shall be submitted to the appropriate district
207	370		attorney’s office. Reports of assessment recommendations shall be
208	371		submitted to appropriate district attorneys.
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210	399		F. The Department, where appropriate and in its discreti on,
211	400		shall identify prevention - and intervention-related services
212	401		available in the community and refer the family to or arrange for
213	402		such services when an investigation or assessment indicates the
214	403		family would benefit from such services, or the Department ma y
215	404		provide such services directly. The Department shall document in
216	405		the record its attempts to provide, refer or arrange for the
217	406		provision of voluntary services and shall determine within sixty
218	407		(60) days whether the family has accessed those services direc tly
219	408		related to safety of the child. If the family refuses voluntary
220	409		services or does not access those services directly related to
221	410		safety of the child, and it is determined by the Department that the
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224	411		child’s surroundings endanger the health, safety, or we lfare of the
225	412		child, the Department may recommend that the child be placed in
226	413		protective or emergency custody or that a petition be filed.
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228	414		G. If the Department has reason to believe that a person
229	415		responsible for the health, safety, and welfare of the child may
230	416		remove the child from the state before the investigation is
231	417		completed, the Department may request the district attorney to file
232	418		an application for a temporary restraining order in any district
233	419		court in the State of Oklahoma without regard to continuin g
234	420		jurisdiction of the child. Upon cause shown, the court may enter a
235	421		temporary restraining order prohibiting the parent or other person
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236	449		from removing the child from the state pending completion of the
237	450		assessment or investigation.
238		-
239	451		H. The Director of the D epartment or designee may request an
240	452		investigation be conducted by the Oklahoma State Bureau of
241	453		Investigation or other law enforcement agency in cases where it
242	454		reasonably believes that criminally injurious conduct including, but
243	455		not limited to, physical or sexual abuse of a child has occurred.
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245	456		I. Child Welfare Services, in collaboration with the
246	457		Developmental Disabilities Services Division, shall implement a
247	458		protocol to be used in cases where the subject child is a child with
248	459		a disability who has complex m edical needs, and the protocol shall
249	460		include, but not be limited to: resource coordination, medical
250	461		consultation or medical evaluation, when needed.
251		-
252	462		SECTION 2. This act shall become effective November 1, 2021.
253	463
254		-
255		-	ENR. S. B. NO. 987 Page 7
256		-	Passed the Senate the 9th day of March, 2021.
257		-
258		-
259		-
260		-	Presiding Officer of the Senate
261		-
262		-
263		-	Passed the House of Representati ves the 8th day of April, 2021.
264		-
265		-
266		-
267		-	Presiding Officer of the House
268		-	of Representatives
269		-
270		-	OFFICE OF THE GOVERNOR
271		-	Received by the Office of the Governor this _______ _____________
272		-	day of _______________ ____, 20_______, at _______ o'clock _______ M.
273		-	By: _______________________________ __
274		-	Approved by the Governor of the State of Oklahoma this _____ ____
275		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
276		-
277		-	_________________________________
278		-	Governor of the State of Oklahoma
279		-
280		-
281		-	OFFICE OF THE SECRETARY OF STATE
282		-	Received by the Office of the Secretary of State this _______ ___
283		-	day of __________________, 20 _______, at _______ o'clock _______ M.
284		-	By: _______________________________ __
	464	+	COMMITTEE REPORT BY: COMMITT EE ON JUDICIARY - CRIMINAL, dated
	465	+	03/24/2021 - DO PASS.