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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1164 By: Woolley
AS INTRODUCED
An Act relating to children; enacting the Protect
Families from Government Overreach Act; providing
purpose and intent; requiring the De partment of Human
Services to restore physical custody of child or
children under certain circumstances; requiring the
Department to return all records; providing exception
if ongoing risk exists; directing the Department to
file emergency motion if immine nt threat exists;
directing records to be expunged within timeframe;
directing the Department to submit report to the
Oklahoma Commission for Human Services; providing
that noncompliance may result in audits, penalties,
and sanctions; allowing for civil re medies and
criminal penalties; providing that federal and state
agencies may conduct audits; providing that certain
circumstances may delay custody restoration;
authorizing court to order continued separation if
evidence of imminent danger exists; providin g that
exceptions must be documented; directing court to
establish timelines f or reassessment; providing for
codification; 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 to be codified
in the Oklahoma Statutes as Section 1 -11-101 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
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This act shall be known and may be cited as the "Protect
Families from Government Overreach Act".
SECTION 2. NEW LAW A new section of la w to be codified
in the Oklahoma Statutes as Section 1 -11-102 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
A. The purpose of this act is t o safeguard the rights of legal
guardians and custodial parents of minor children by ensuring timely
restoration of custody and property when criminal charges are
resolved favorably. The act affirms the constitutional principles
of due process and familia l association under the Fourteenth
Amendment of the United States Constitution and aims to address
potential overreach by child welfare agencies.
B. This act is designed to:
1. Protect familial integrity by minimizing emotional and
psychological harm cau sed by unnecessary separation, consistent with
Section 1-1-102 of Title 10A of the Oklahoma Statutes, which
emphasizes the child 's best interests;
2. Ensure accountability by setting clear deadlines and
consequences for agency noncompliance and promoting transparency and
adherence to due process;
3. Balance safety and rights by al lowing exceptions when child
safety concerns exist, as defined in Section 1 -4-904 of Title 10A of
the Oklahoma Statutes ; and
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4. Guarantee that all persons shall be treated as in nocent
until proven guilty in a court of law and that, if not guilty, all
rights and liberty shall be restored.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -11-103 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
A. Pursuant to Section 1-4-704 of Title 10A of the Oklahoma
Statutes, when all criminal charges against a parent or guardian are
dismissed, dropped, or result in a not guilty verdict under Ti tle 21
of the Oklahoma Statutes, the Department of Human Services,
including Child Protective Services, shall:
1. Restore physical custody of the child or children to the
parent or guardian within seventy -two (72) hours; and
2. Return all personal proper ty, records, and documentation
taken during the removal process. Reunification efforts shall
adhere to the principles set forth in Section 1 -4-704 of Title 10A
of the Oklahoma Statutes, ensuring prompt and safe reunification
tailored to the family 's needs.
B. If the Department identifies ongoing risks to the child,
despite the resolution of criminal charges, the agency must:
1. File an emergency motion, pursuant to Section 1 -4-807.1 of
Title 10A of the Oklahoma Statutes, and provide clear and convincing
evidence that reunification poses an imminent threat; and
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2. Obtain a court o rder supporting continued separation within
seventy-two (72) hours.
C. Pursuant to the Fourteenth Amendment of the United States
Constitution, the Department shall, when determi ning whether to
separate or reunite families, take into consideration the
constitutionally protected right of intimate association.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -11-104 of Title 10A, unless
there is created a duplication in numbering, reads as fol lows:
A. Pursuant to Section 18 of Title 22 of the Oklahoma Statutes,
all Department of Human Services and Child Protective Services
records related to investigations, removal, and adjudication
connected to dismissed criminal charges shall be expunged within
seventy-two (72) hours of resolution. Expunged records shall
include all formats, in compliance with Section 19 of Title 22 of
the Oklahoma Statutes, which requires treating records as though
they never existed.
B. The Department shall submit reports to the Oklahoma
Commission for Human Services confirming expungement compliance.
Noncompliance may result in state audits, civil penalties, or
administrative sanctions.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -11-105 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
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A. Aggrieved individuals may seek damages for violation s of due
process or constitutional rights, pursuant to 42 U.S.C., Section
1983.
B. Noncompliance by the Department of Human Services or Child
Protective Services personnel may result in criminal charges,
pursuant to Section 580 of Title 21 of the Oklahoma Statutes, which
relate to public officer misconduct.
C. Federal and state agencies may conduct audits which may
impact the Department funding for systemic violations.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -11-106 of Title 10A, unless
there is created a d uplication in numbering, reads as follows:
A. Ongoing investigations unrelated to resolved criminal
charges, pursuant to Section 1 -4-704 of Title 10A of the Oklahoma
Statutes, may delay custody restoration. If proven in an emergency
hearing that clear and convincing evidence of imminent danger
exists, the court may order continued separation, pursuant to
Section 1-4-904 of Title 10A of the Oklahoma Statutes.
B. Exceptions shall be documented with findings of fact and
conclusions of law.
C. The court shall establish timelines for reassessment.
SECTION 7. This act shall become effective November 1, 2025.
60-1-10435 CMA 12/28/24