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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1565 By: Duel
COMMITTEE SUBSTITUTE
An Act relating to children; amending 10A O.S. 2021,
Sections 1-2-101 and 1-2-102, which relate to the
Oklahoma Children's Code; directing that certain
referral be immediately reported to law enforcement
agency; directing that the referral be in writing;
directing hotline supervisor to ensure report has
been made; directing the Department of Human Services
to maintain certain record; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -2-101, is
amended to read as follows:
Section 1-2-101. A. 1. The Department of Human Services shall
establish a statewide centralized hotline for the reporting of child
abuse or neglect to the Department.
2. The Department shall provide hotline -specific training
including, but not limited to, interviewing s kills, customer service
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skills, narrative writing, necessary computer systems, making case
determinations, and identifying priority situations.
3. The Department is authorized to contract with third parties
in order to train hotline workers.
4. The Department shall develop a system to track the number of
calls received, and of that number:
a. the number of calls screened out,
b. the number of referrals assigned,
c. the number of calls received by persons unwilling to
disclose basic personal information in cluding, but not
limited to, first and last name, and
d. the number of calls in which the allegations were
later found to be unsubstantiated or ruled out.
5. The Department shall electronically record each referra l
received by the hotline and establish a secure means of retaining
the recordings for twelve (12) months. The recordings shall be
confidential and subject to disclosure only if a court orders the
disclosure of the referral. The Department shall redact a ny
information identifying the reporting p arty unless otherwise ordered
by the court.
6. Each referral received by the hotline alleging abuse or
neglect wherein the alleged perpetrator is someone other than a
person responsible for the child’s health, saf ety, or welfare, shall
be immediately reported to the appropriate local law enforcement
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agency, in writing, for the purpose of conducting a possible
criminal investigation. The hotline supervisor shall ensure that a
report has been made upon receipt of a referral. The Department
shall maintain a record of its transmission of each record to law
enforcement.
B. 1. Every person having reason to believe that a child under
the age of eighteen (18) years is a victim of abuse or neglect shall
report the matter immediately to the Department of Human Services.
Reports shall be made to the hotline provided for in subsection A of
this section. Any allegation of abuse or neglect reported in any
manner to a county office shall immediately be referred to the
hotline by the Department. Provided, however, th at in actions for
custody by abandonment, provided for in Section 2 -117 of Title 30 of
the Oklahoma Statutes, there shall be no reporting requirement.
2. a. Every school employee having reason to believe that a
student under the age of eighteen (18) years is a
victim of abuse or neglect shall report the matter
immediately to the Department of Human Services and
local law enforcement. Reports to the Department
shall be made to the hotline provided for in
subsection A of this section. Any allegation of abus e
or neglect reported in any manner to a county office
shall immediately be referred to the hotline by the
Department. Provided, however, that in actions for
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custody by abandonment, provided for in Section 2 -117
of Title 30 of the Oklahoma Statutes, there shall be
no reporting requirement.
b. Every school employee having reason to believe that a
student age eighteen (18) years or older is a victim
of abuse or neglect shall report the matter
immediately to local law enforcement.
c. In reports required by su bparagraph a or b of this
paragraph, local law enforcement shall keep
confidential and redact any information identifying
the reporting school employee unless otherwise ordered
by the court. A school employee with knowledge of a
report required by subparagraph a or b of this
paragraph shall not disclose information identifying
the reporting school employee unless otherwise ordered
by the court or as part of an investigation by local
law enforcement or the Departmen t.
3. Every physician, surgeon, or other health care professional
including doctors of medicine, licensed osteopathic physicians,
residents and interns, or any other health care professional or
midwife involved in the prenatal care of expectant mothers or the
delivery or care of infants shall promptly report to the Department
instances in which an infant tests positive for alcohol or a
controlled dangerous substance. This shall include infants who are
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diagnosed with Neonatal Abstinence Syndrome or Fetal A lcohol
Spectrum Disorder.
4. No privilege or contract shall relieve any person from the
requirement of reporting pursuant to this section.
5. The reporting obligations under this section are individual,
and no employer, supervisor, administrator, governi ng body or entity
shall interfere with the reporting obligations of any employee or
other person or in any manner discriminate or retaliate against the
employee or other person who in good faith reports suspected child
abuse or neglect, or who provides tes timony in any proceeding
involving child abuse or neglect. Any employer, supervisor,
administrator, governing body or entity who discharges,
discriminates or retaliates against the employee or other person
shall be liable for damages, costs and attorney f ees. If a child
who is the subject of the report or other child is harmed by the
discharge, discrimination or retaliation described in this
paragraph, the party harmed may file an action to recover damages,
costs and attorney fees.
6. Every physician, su rgeon, other health care professional or
midwife making a report of abuse or neglect as required by this
subsection 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, upon request, copies of
the results of the examination or copies of the examination on which
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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 crim inal investigation
into the case and to employees of the Department of Human Services
conducting an investigation of alleged abuse or neglect in the case.
C. Any person who knowingly and willfully fails to promptl y
report suspected child abuse or neglect or who interferes with the
prompt reporting of suspected child abuse or neglect may be reported
to local law enforcement for criminal investigation and, upon
conviction thereof, shall be guilty of a misdemeanor. A ny person
with prolonged knowledge of ongo ing child abuse or neglect who
knowingly and willfully fails to promptly report such knowledge may
be reported to local law enforcement for criminal investigation and,
upon conviction thereof, shall be guilty of a felony. For the
purposes of this paragraph, "prolonged knowledge" shall mean
knowledge of at least six (6) months of child abuse or neglect.
D. 1. Any person who knowingly and willfully makes a false
report pursuant to the provisions of this section or a report that
the person knows lacks factu al foundation may be reported to local
law enforcement for criminal investigation and, upon conviction
thereof, shall be guilty of a misdemeanor.
2. If a court determines that an accusation of child abuse or
neglect made during a child custody proceeding is false and the
person making the accusation knew it to be false at the time the
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accusation was made, the court may impose a fine, not to exceed Five
Thousand Dollars ($5,000.00) and reasonable attorney fees incur red
in recovering the sanctions, against t he person making the
accusation. The remedy provided by this paragraph is in addition to
paragraph 1 of this subsection or to any other remedy provided by
law.
E. Nothing contained in this section shall be constr ued to
exempt or prohibit any person from reporting any suspected child
abuse or neglect pursuant to subsection B of this section.
SECTION 2. AMENDATORY 10A O.S. 2021, Section 1 -2-102, is
amended to read as follows:
Section 1-2-102. A. 1. Upon receipt of a report that a child
may be abused, neglected or drug -endangered, the Department of Human
Services shall conduct a safety analysis.
2. The Department may employ or contract with active or retired
social work, medical and law e nforcement professionals who shall be
strategically placed throughout the state to:
a. provide investigation support and to assist
caseworkers with assessment decisions and intervention
activities,
b. serve as consultants to caseworkers in all aspects of
their duties, and
c. designate persons who shall act as liaisons within the
Department whose primary functions are to develop
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relationships with local law enforcement agencies and
courts.
3. The Department shall forward a report of its assessment or
investigation and findings to any district attorney's office which
may have jurisdiction to file a petition pursuant to Section 1 -4-101
of this title.
4. The Department shall determine the military status of
parents whose children are subject to abuse or neglec t. If the
Department determines that a pa rent or guardian is currently serving
on active duty in the United States military, the Department shall
notify a United States Department of Defense family advocacy program
that there is an investigation into the parent or guardian. The
Department shall forward a report of its assessment or investigation
and findings to the appropriate military law enforcement entity.
5. Whenever the Department determines there is a child that
meets the definition of a "drug -endangered child", as defined in
Section 1-1-105 of this title, or a child has been diagnosed with
fetal alcohol syndrome and the referral is accepted for
investigation, the Department shall conduct an investigation of the
allegations and shall not limit the e valuation of the circumstances
to an assessment.
6. Whenever the Department determines an infant has been
diagnosed with Neonatal Abstinence Syndrome or a Fetal Alcohol
Spectrum Disorder, but the referral is not accepted for
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investigation, the Department shall develop a plan of safe care that
addresses both the infant and affected family member or caregiver.
The plan of safe care shall address, at a minimum, the health and
substance use treatment needs of the infant and affected family
member or caregiver.
B. 1. If, upon receipt of a report alleging abuse or neglect
or during the assessment or investigation, the Department determines
that:
a. the alleged perpetrator is someone other than a person
responsible for the child's health, safety, or
welfare, and
b. the alleged abuse or neglect of the c hild does not
appear to be attributable to failure on the part of a
person responsible for the child's health, safety, or
welfare to provide protection for the child,
the Department shall immediately make a referra l, either verbally or
in writing, to the appropriate local law enforcement agency for the
purpose of conducting a possible criminal investigation. The
Department shall maintain a record of its transmission of each
record to law enforcement.
2. After making the referral to the law enforcement age ncy, the
Department shall not be responsible for further investigation
unless:
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a. the Department has reason to believe the alleged
perpetrator is a parent of another child, not the
subject of the criminal investiga tion, or is otherwise
a person responsible for the health, safety, or
welfare of another child,
b. notice is received from a law enforcement agency that
it has determined the alleged perpetrator is a parent
of or a person responsible for the health, safety , or
welfare of another child not the subj ect of the
criminal investigation, or
c. the appropriate law enforcement agency requests the
Department to assist in the investigation. If funds
and personnel are available, as determined by the
Director of the Department or a designee, the
Department may assist law enforcement in interviewing
children alleged to be victims of physical or sexual
abuse.
3. If, upon receipt of a report alleging abuse or neglect or
during the assessment or investigation, the Departme nt determines
that the alleged abuse or ne glect of the child involves:
a. a child in the custody of the Office of Juvenile
Affairs, and
b. at the time of the alleged abuse or neglect, such
child was placed in a secure facility operated by the
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Office of Juvenile Affairs, as defined by Section 2 -1-
103 of this title,
the Department shall immediately make a referral, either verbally or
in writing, to the appropriate law enforcement agency for the
purpose of conducting a possible criminal investigation. After
making the referral to the law enforcement agency, the Department
shall not be responsible for further investigation.
C. 1. Any law enforcement agency receiving a referral as
provided in this section shall provide the Department with a copy of
the report of any investigation resulting from a referral from the
Department.
2. Whenever, in the course of any criminal investigation, a law
enforcement agency determines that there is cause to believe that a
child, other than a child in the custody of the Office of Juvenile
Affairs and placed in an Offic e of Juvenile Affairs secure juvenile
facility, may be abused or neglected by reason of the acts,
omissions, or failures on the part of a person responsible for the
health, safety, or welfare of the child, the law enforcement agency
shall immediately contact the Department for the purpose of an
investigation.
D. If, upon receipt of a report alleging abuse or neglect, the
Department determines that the family has been the subject of a
deprived petition, the Departme nt shall conduct a thorough
investigation of the allegations and shall not limit the evaluation
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of the circumstances to an assessment. In addition, if the family
has been the subject of three or more referrals, the Department
shall conduct a thorough inve stigation of the allegations and shall
not limit the evaluation of the circumstances to an assessment.
E. For the purposes of this section, "law enforcement" shall
include military law enforcement if the subject of an investigation
of abuse or neglect is currently serving in any branch of the Uni ted
States military.
F. The Department shall promulgate rules to implement the
provisions of this section.
SECTION 3. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMIT TEE ON RULES, dated 02/17/2025 - DO PASS,
As Amended.