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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2513 By: Pittman and Waldron
COMMITTEE SUBSTITUTE
An Act relating to schools; describing the problem of
unaddressed trauma in childr en; providing program
purpose; directing legislature to appropriate funds
to implement and operate a Handle With Care Oklahoma
program; providing for program coordination between
certain public agencies and community coalitions;
enabling law enforcement to notify program; listing
applicable traumatic events for notification ;
requiring administration of a hotline, email, or
other method to provide notification ; prescribing
information to be included in notification;
prohibiting inclusion of certain informatio n;
directing notification to designated representatives;
including specified statement in notification;
directing Oklahoma School Security Institute to
provide model protocol and training for certain
agencies; requiring Department of Mental Health and
Substance Abuse Services to provide model protocol
and training; specifying information to be included
in training; authorizing r ule promulgation; providing
exception for notification that could compromise an
ongoing investigation; requiring program to apply f or
additional funding sources; directing program to
submit annual report to certain elected officials;
providing for noncodification; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
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SECTION 1. NEW LAW A new section of l aw not to be
codified in the Oklahoma Statutes reads as foll ows:
A. The Problem.
Research shows that unaddressed trauma can undermine children's
ability to learn, form relationships, and function appropriately in
the classroom. In the past, calling the Oklahoma Department of
Human Services statewide centralized hotline to make a mandated
child welfare report was one of the only tools in the first
responder's toolbox, but most children and teens do not meet the
criteria for a child welfare report. Consequently, the children and
teens are never identified , nor do they receive services, and they
linger in traumatic situations without adequate support. These
students have an increased risk for negative outcomes such as poor
academic performance, truancy, dropping out of school, and
delinquency.
B. The Handle With Care Oklahoma Program Purpose.
Handle With Care (HWC) Oklahoma is a program designed to enh ance
existing cross-agency communication and partnership between local
law enforcement, community mental health serv ices and supports, and
schools regarding children's exposure to traumatic events. The
"Handle With Care" approach enables first responders to st art
building trust and positive co nnections with children and teens they
encounter at a traumatic scene and through a HWC notification, local
schools and mental h ealth providers can provide trauma-sensitive
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support immediately as needed. HWC is aimed at ensuring that
children who are exposed to crime, violence, and abuse receive
appropriate interventions so they can succe ed in school to the best
of their ability. Children must feel safe in order to learn.
SECTION 2. NEW LAW A new s ection of law to be codified
in the Oklahoma Statutes as Section 1210.164 of Title 70, unless
there is created a duplicati on in numbering, reads as follows:
A. The Legislature shall appropriate funds to support the
implementation and operation of the Handle With Care (HWC) Oklahoma
program, coordinated through the Oklahoma School Security Institute,
a division of the Oklahoma Office of Homeland Security. HWC
Oklahoma efforts shall enhance existing partners hips and
collaborations with key partners such as, but not limited to, other
state and local first responder agencies, school districts,
community coalitions, the State Department of Education, the
Department of Mental Health and Substance Abuse Services, the
Department of Human Services, and the State Department of Health.
The statewide HWC Oklahoma program shall enhance planning, training,
implementation, and sustainability in all counti es in the state.
The program shall give opportunities for local HWC ini tiatives to
receive support from the stat e as needed.
B. The HWC program shall enable a law enforcement officer or
employee of a law enforcement agency to notify the program when a
child, who may attend a public school or childcare agency in the
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state, is exposed to a traumatic event, is at the scene with a first
responder, or another event occurs that may affect his or her
ability to succeed at school including, but not limited to:
1. Domestic violence in the presence of the child;
2. Death of a member of the family or hou sehold of the child;
3. Arrest of a parent or guar dian of the child affecting the
welfare of the child ;
4. Search warrant is served in the residence of the c hild;
5. Drug or alcohol overdose of a child's family member;
6. Violence or mass shootings in the neighborhood where the
child resides;
7. Forced displacement from the residence;
8. House fire;
9. Child maltreatment; or
10. Child is present at a first responder encounter.
C. The HWC program shall work with local communities and key
partners to administer a telephone hotline, email, or other
appropriate method to allow a law enforcement officer or first
responder agency to provide the notification described in subsection
B of this section.
D. Information submitted to the HWC program in the notification
shall comply with the Oklahoma State Bureau of Investigation's
dissemination laws and Victim's Bill of Rights. It shall only
include, to the extent that it is available :
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1. The first, middle, and last name of the child;
2. The grade and school or childcare agency where the child is
enrolled; and
3. The date of birth and age of the child.
The HWC notification shall not include any details about the
traumatic event unless there is an imminent threat to the safety of
the child or school safety.
E. Upon receiving notificat ion as provided in subsection D of
this section, the local HWC multi-disciplinary team (MDT) shall
determine if the child attends a public school or childcare agency
in this state. If the child attends a public school or childcare
agency in the state, the local HWC MDT shall notify designated
representatives where the child attends. The notice shall include
that "the child referenced has been exposed to a traumat ic event in
the last twenty-four (24) hours and could exhibit academ ic,
emotional, and behavioral problems because of exposure to a
traumatic event. Please handle the child with care."
F. 1. The Oklahoma School Security Institute, in coordination
with community coalitions and partner state and local first
responder agencies, shall provide model protocol and training for
the HWC Oklahoma program to first responder agencies and their
employees who may respond to a trau matic event involving a child.
2. The Department of Mental Health and Substance Abuse
Services, in coordination with the State Depa rtment of Education and
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community coalitions, shall include model protocol and training for
the HWC Oklahoma program in existing efforts which promotes
universal trauma-informed practices in school settings.
G. The training required in subsection F of this section shall
include, at a minimum:
1. The criteria for sending a HWC notice;
2. The procedure for notifying the HWC program when a child who
may attend a public school or childcare agency is exposed to an
event listed in subsection B of this section that may affect his or
her ability to succeed at school and the information to include in
the notification;
3. Proper response to a notification received from th e program,
including, without limitation, the manner in which to res pond to
notification through early interventions; and
4. Collaboration with teachers and other members of the s taff
of a school, students, family members of students, multi-
disciplinary teams, other persons, and behavioral, social, and
health providers, as appropriate, to reduce t he negative impact of
the traumatic event on the affected student, appropriate
interventions that may be available to assist the student, and the
overall well-being of the student. Community coalitions shall be
engaged to increase coordination of communit y services.
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H. The Oklahoma School Security Institute may promulgate rules
to implement the provisions of this section with feedback from local
first responder agencies, schools, and community coalitions .
I. Nothing in this sect ion shall be construed to require a law
enforcement officer or employee of a law enforcement agency to
provide notification pursuant to this section if the disclosure of
information may compromise an ongoing investigation.
J. In addition to funds appro priated by the legislat ure
pursuant to subsection A of this sectio n, the HWC Oklahoma program
shall apply for additional federal, state, local, and private funds
to support the HWC Oklahoma program.
K. The HWC Oklahoma program shall submit an annual report of
the program's progress, outcomes, and impact on students and
communities to the Speaker of the Oklahoma House of Representatives,
President Pro Tempore of the Oklahoma State Se nate, and the
Governor.
SECTION 3. This act shall become effe ctive November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/02/2023
- DO PASS, As Amended and Coauthored.