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Oklahoma House Bill HB1581

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1581 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
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3232 HOUSE BILL 1581 By: Lawson
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3838 AS INTRODUCED
3939
4040 An Act relating to children; amending 10A O.S. 2021,
4141 Sections 1-9-102, 1-9-103a, 1-9-103b, 1-9-104, 1-9-
4242 104a, and 1-9-104b, which relates to the Oklahoma
4343 Children's Code; removing certain entity and
4444 inserting new entity in its place; directing certain
4545 entity to work in partnership with certain council;
4646 removing language that allows certain team to enter
4747 into certain agreement; directing cer tain teams and
4848 centers to establish annual membership; directing
4949 certain teams and centers to remain in good standing;
5050 directing Oklahoma Human Services to work in
5151 partnership with certain entity; modifying terms
5252 relating to the Child Abuse Multidisciplina ry Team
5353 Account; removing requirement to provide monthly
5454 documentation; removing requirement to issue report;
5555 authorizing certain entity to administer certain
5656 funds; authorizing certain entity to contract with
5757 providers; modifying who may promulgate rules;
5858 creating the Oklahoma Multidisciplinary Team Council;
5959 providing for membershi p; providing requirements for
6060 membership; providing duties of Council; repealing
6161 10A O.S. 2021, Sections 1 -9-103a and 1-9-103b, which
6262 relate to the Child Abuse Multidisciplinary Team
6363 Account Fund; repealing 63 O.S. 2021, Section 1 -
6464 227.9, which relates to the Child Abuse Training and
6565 Coordination Council; providing for codification; and
6666 providing an effective date.
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7272 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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9999 SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -9-102, is
100100 amended to read as follows:
101101 Section 1-9-102. A. 1. In coordination with the Oklahoma
102102 Commission on Children and Youth , each Each district attorney shall
103103 develop a child abuse multidisciplinary child abuse team in each
104104 county of the district attorney or in a contiguous group of
105105 counties.
106106 2. The lead agency for the team shall be a certified child
107107 advocacy center or another qualified agency chosen by the members of
108108 the team district attorney with input and consent from the child
109109 abuse multidisciplinary team members. The team shall review,
110110 provide input, and intervene in reports involving child sexual abuse
111111 or child physical abuse or neglect.
112112 B. The child abuse multidisciplinary child abuse team members
113113 shall include, but not be limited to:
114114 1. Mental health professionals licensed pursuant to the laws of
115115 this state or licensed professional counselors;
116116 2. Police officers or other law enforcement agents with a role
117117 in, or experience or training in child abuse and neglect
118118 investigation;
119119 3. Medical personnel with experience in child abuse and neglect
120120 identification;
121121 4. Child protective services workers within the Department of
122122 Human Services;
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149149 5. Multidisciplinary child abuse Child abuse multidisciplinary
150150 team coordinators, or Child Advocacy Center personnel; and
151151 6. The district attorney or assistant district attorney.
152152 C. 1. To the extent that resources are available to each of
153153 the various multidisciplinary child abuse teams t hroughout the
154154 state, the The functions of the team shall include, but not be
155155 limited to, the following specific functions:
156156 a. whenever feasible, law enforcement and child welfare
157157 staff shall conduct joint investigations in an effort
158158 to effectively respond to child abuse reports into
159159 reports of child sexual and physical abuse or neglect ,
160160 b. develop or adopt a written protocol for investigating
161161 child sexual abuse and child physical abuse or neglect
162162 cases and for interviewing child victims. The purpose
163163 of the protocol shall be to ensure coordination and
164164 cooperation between all agencies involved so as to
165165 increase the efficiency in handling such cases and to
166166 minimize the stress created for the allegedly abused
167167 child by the legal and investigatory process. In
168168 addition, each team shall develop confidentiality
169169 statements and interagency agreements signed by member
170170 agencies that specify the cooperative effort of the
171171 member agencies to the team,
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198198 c. increase communication and collaboration among the
199199 professionals responsible for the reporting,
200200 investigation, prosecution and treatment of child
201201 abuse and neglect cases,
202202 d. eliminate duplicative efforts in the investigation and
203203 the prosecution of child abuse and neglect cases,
204204 e. identify gaps in service or all untapped re sources
205205 within the community to improve the delivery of
206206 services to the victim and family develop or adopt a
207207 written protocol for interviewing children involved in
208208 investigation and the use of child advocacy centers
209209 for forensic interviews,
210210 d. develop or adopt confidentiality statements and
211211 interagency agreements signed by member ag encies that
212212 specify the cooperative effort of the member agencies
213213 to the team,
214214 f. e. encourage the development of develop expertise
215215 through training. Each team member and those
216216 conducting child abuse investigations and interviews
217217 of child abuse victims shall be trained in the
218218 multidisciplinary team approach, conducting legally
219219 sound and age-appropriate interviews, effective
220220 investigation techniques and joint investigations as
221221 provided through the State Department of Health, the
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248248 Commission on Children and Y outh a nationally
249249 accredited association of Children's Advocacy Centers ,
250250 or other resources as approved by the Child Abuse
251251 Multidisciplinary Team Council, and
252252 g. f. formalize a adopt a standardized case review process
253253 and provide data as requested to the Commission for
254254 freestanding teams, and
255255 h. standardize investigative procedures for the handling
256256 of child abuse and neglect cases .
257257 2. All investigations of child sexual abuse and child physical
258258 abuse or neglect and interviews of child abuse or neglect victi ms
259259 shall be carried out by appropriate personnel using the protocols
260260 and procedures specified in this section.
261261 3. If trained personnel are not available in a timely fashion
262262 and, in the judgment of a law enforcement officer or the Department
263263 of Human Services, there is reasonable cause to believe a delay in
264264 investigation or interview of the child victim could place the child
265265 in jeopardy of harm or threatened harm to a child 's health or
266266 welfare, the investigation may proceed without full participation of
267267 all personnel. This authority applies only for as long as
268268 reasonable danger to the child exists. A reasonable effort to find
269269 and provide a trained investigator or interviewer shal l be made.
270270 4. Freestanding multidisciplinary child Child abuse
271271 multidisciplinary teams shall be approved reviewed by the Commission
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298298 an entity identified as a nationally accredited association of
299299 Children's Advocacy Centers in partnership with the Child Abuse
300300 Multidisciplinary Team Council . The Commission shall conduct an An
301301 annual review of freestanding child abuse multidisciplinary teams
302302 shall be conducted to ensure that the teams are functioning
303303 effectively. Teams not meeting the minimal standards as p romulgated
304304 by the Commission the Child Abuse Multidisciplinary Team Council
305305 shall be removed from the list of functioning teams in the state.
306306 D. 1. A multidisciplinary child abuse team may enter into an
307307 agreement with the Child Death Review Board within the Oklahoma
308308 Commission on Children and Youth and, in accordance with rules
309309 promulgated by the Oklahoma Commission on Children and Youth,
310310 conduct case reviews of deaths and near deaths of children within
311311 the geographical area of that multidisciplinary chil d abuse team.
312312 2. Any child abuse multidisciplinary child abuse team reviewing
313313 deaths and near deaths of children shall prepare and make available
314314 to the public, on an annual basis, a report containing a summary of
315315 the activities of the team relating to th e review of the deaths and
316316 near deaths of children and a summary of the extent to which the
317317 state child protection system is coordinating with foster care and
318318 adoption programs and whether the state is efficiently discharging
319319 its child protection responsib ilities. The report shall be
320320 completed no later than December 31 of each year.
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347347 E. Nothing in this section shall preclude the use of hospital
348348 team reviews for client -specific purposes and multidisciplinary
349349 teams, either of which were in existence prior to July 1, 1995;
350350 provided, however, such teams shall not be subject to the provi sions
351351 of paragraph 1 of subsection A of this section.
352352 F. 1. Child advocacy centers shall be classified, based on the
353353 child population of a district attorney 's district, as follows:
354354 a. nonurban centers in districts with child populations
355355 that are less than sixty thousand (60,000),
356356 b. midlevel nonurban centers in districts with child
357357 populations equal to or greater than sixty thousand
358358 (60,000), but not including Oklahoma and Tulsa
359359 Counties, and
360360 c. urban centers in Oklahoma and Tulsa Counties.
361361 2. The multidisciplinary child abuse team used by the child
362362 advocacy center for its accreditation shall meet the criteria
363363 required by a national association of child advocacy centers and, in
364364 addition, the team shall:
365365 a. choose a lead agency for the team,
366366 b. intervene in reports involving child sexual abuse and
367367 may intervene in child physical abuse or neglect,
368368 c. promote the joint investigation of child abuse reports
369369 between law enforcement and child welfare staff, and
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396396 d. formalize standardized investigative procedures f or
397397 the handling of child abuse and neglect cases national
398398 accreditation status .
399399 G. Multidisciplinary child abuse Child abuse multidisciplinary
400400 teams and child advocacy centers s hall have full access to any
401401 service or treatment plan and any personal data known to the
402402 Department which is directly related to the implementation of this
403403 section.
404404 H. Each member of the team shall be responsible for protecting
405405 the confidentiality of the child and any information made available
406406 to such person as a member of the te am. The child abuse
407407 multidisciplinary team and any information received by the team
408408 shall be exempt from the requirements of Sections 301 through 314 of
409409 Title 25 of the Oklahoma Statutes and Sections 24A.1 through 24A.31
410410 of Title 51 of the Oklahoma Statutes.
411411 I. All freestanding child abuse teams and child advocacy
412412 centers shall establish annual membership with Children's Advocacy
413413 Centers of Oklahoma, Inc., and remain members in good standing.
414414 SECTION 2. AMENDATORY 10A O.S. 2021, Section 1-9-104, is
415415 amended to read as follows:
416416 Section 1-9-104. A. The Department of Human Services shall
417417 allocate monies available in the Child Abuse Multidisciplinary
418418 Account (CAMA) to:
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445445 1. The Child Abuse Multidisciplinary Team Account (CAMTA) Fund
446446 created by Section 1 -9-103a of this title. Monies made available to
447447 the CAMTA shall be used for the purposes of funding one One
448448 functioning freestanding child abuse multidisciplinary child abuse
449449 team in each county of this state, utilizing the funding
450450 distributions as provided in subsection B of this section;
451451 2. One hospital team pursuant to subsection E of Section 1 -9-
452452 102 of this title; and
453453 3. One child advocacy center, accredi ted by the National
454454 Children's Alliance, per district attorney's district. A child
455455 advocacy center shall:
456456 a. be eligible for Child Abuse Multidisciplinary Account
457457 (CAMA) funding upon accreditation by the National
458458 Children's Alliance,
459459 b. secure a third-year interim review to determine
460460 whether the child advocacy center continues to m eet
461461 the National Children's Alliance standards in effect
462462 at the time of its last accreditation. If a child
463463 advocacy center fails the third -year review, the
464464 center shall remain e ligible for CAMA funding, but
465465 shall have another review conducted in the fourth
466466 year. If the child advocacy center fails the fourth -
467467 year review, the center shall be ineligible to receive
468468 CAMA funding until such time as the center receives
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495495 reaccreditation from the National Children's Alliance,
496496 and
497497 c. remain the center for the distri ct attorney's district
498498 as long as the center is accredited and eligibility is
499499 maintained pursuant to the provisions of Section 1 -9-
500500 102 of this title. If a center does not remain
501501 eligible pursuant to the provisions of Section 1 -9-102
502502 of this title, endorsement by the district attorney as
503503 the child advocacy center for the district may be
504504 sought by any entity beginning with the calendar year
505505 after the center is determined to be inel igible. The
506506 two centers in district number (4) and district number
507507 (13) that were accredited as of May 17, 2005, shall
508508 continue to receive funding at the nonurban level.
509509 Should one of the exempted centers close or no longer
510510 meet the criteria for a child advocacy center pursuant
511511 to the provisions of Section 1 -9-102 of this title,
512512 the center shall not be allowed to reopen in that
513513 district or to receive CAMA funds. The remaining
514514 center shall become the sole child advocacy center for
515515 the district attorney's district.
516516 B. Funding distribution pursuant to the provisions of this
517517 section shall be determined:
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544544 1. By multiplying the number of applicants in each category by
545545 the corresponding weight as follows:
546546 a. freestanding functioning child abuse multidisciplinary
547547 child abuse team accredited by Children's Advocacy
548548 Centers - 1,
549549 b. hospital team - 1,
550550 c. nonurban centers – 4,
551551 d. mid-level nonurban centers – 6, and
552552 e. urban centers – 24;
553553 2. Adding together the weighted results for all categories;
554554 3. Dividing the wei ghted result for each category by the sum of
555555 the weighted results for all cate gories; and
556556 4. Equally distributing funding to each applicant in the
557557 corresponding category based on the amounts obtained by multiplying
558558 the total available funding by the calcu lated percentages. The
559559 total amount for all freestanding multidisciplinary teams as
560560 determined by the formula provided in this subsection shall be
561561 transferred to the Child Abuse Multidisciplinary Team Account
562562 (CAMTA) (CAMA) Fund established by Section 1-9-103a 1-9-103 of this
563563 title and contracts with each freestanding multidiscipli nary team
564564 shall be completed no later than January 1 of each year.
565565 During state fiscal year 2019, the Oklahoma Commission on Children
566566 and Youth may disburse to each freestanding multidisciplinary team
567567 the remaining contracted amount of the freestanding
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594594 multidisciplinary team award. The freestanding multidisciplinary
595595 team shall provide the Commission with monthly documentation of
596596 expenses as well as activity data and continue prov iding such
597597 documentation thereafter. Beginning January 1, 2020, and each year
598598 thereafter, the Commission may Oklahoma Human Services in
599599 partnership with a designated entity shall disburse the contracted
600600 amount at the beginning of the calendar year to freestanding child
601601 abuse multidisciplinary teams that are functioning effectively as
602602 determined by the Commission Child Abuse Multidisciplinary Team
603603 Council, pursuant to Section 1 -9-102 of this title.
604604 C. By January 31, 2003 2026, and by January 31 of each yea r
605605 thereafter, the Department shall disburse monies from the Child
606606 Abuse Multidisciplinary Account to a designated entity for
607607 distribution to eligible child advocacy centers. A child advocacy
608608 center shall be in compliance with the provisions of Section 1 -9-102
609609 of this title to be eligible for Child Abuse Multidisciplinary
610610 Account funding. The disbursement shall be a single, annual
611611 disbursement, for the collection period of the preceding year
612612 beginning October 1 through September 30.
613613 D. A report issued by the Oklahoma Commission on Children and
614614 Youth to the Oklahoma Legislature outl ining performance measures for
615615 all multidisciplinary teams, including those associated with child
616616 advocacy centers, and recommendations on the funding formula
617617 provided for in this section shall be transmitted to the Oklahoma
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644644 Legislature no later than December 31, 2017 . The Department, the
645645 Commission, and the Children's Advocacy Centers of Oklahoma, Inc.,
646646 shall meet annually to review and certify the amount of CAMA and
647647 CAMTA funds to be disbursed.
648648 E. A child advocacy center may carry over funding for a per iod
649649 of one (1) year after allocation, such one -year period to begin in
650650 January and end in December of the same year; provided, however,
651651 funds not used within twenty -four (24) months of the original
652652 allocation will be deducted from the contract amount for the next
653653 contract year. If a center is ineligible for funding in an upcoming
654654 year, unused funds from the current or previous years shall be
655655 returned to the CAMA Fund for use in s ubsequent years. Funds not
656656 used by a freestanding child abuse multidisciplina ry team by the end
657657 of the contract period shall revert to, and be deposited in, the
658658 CAMA Fund.
659659 F. E. The Commission is hereby authorized to receive five
660660 percent (5.0%) in admini strative costs from the CAMTA Fund. The
661661 Department of Human Services is hereby authorized to receive one -
662662 half of one percent (0.5%) in administrative costs from the CAMA
663663 fund. In partnership with the Department, an eligible entity
664664 identified as a national ly accredited association of Children’s
665665 Advocacy Centers is hereby authorized to administer the CAMA fund.
666666 SECTION 3. AMENDATORY 10A O.S. 2021, Section 1 -9-104a,
667667 is amended to read as follows:
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694694 Section 1-9-104a. The Oklahoma Commission on Children and Youth
695695 shall Department is hereby authorized to contract with a qualifying
696696 entity to administer CAMA funds and an entity identified as the
697697 nationally accredited association of Children's Advocacy Centers is
698698 authorized to contract with eligible providers as authorized by this
699699 act.
700700 SECTION 4. AMENDATORY 10A O.S. 2021, Section 1 -9-104b,
701701 is amended to read as follows:
702702 Section 1-9-104b. The Oklahoma Commission on Children and Youth
703703 and the Department of Human Servi ces Child Abuse Multidisciplinary
704704 Team Council shall promulgate rules to implement the provisions of
705705 this act.
706706 SECTION 5. NEW LAW A new section of law to be codified
707707 in the Oklahoma Statutes as Section 1-9-102a of Title 10A, unless
708708 there is created a duplication in numbering, reads as follows:
709709 A. There is hereby created the Child Abuse Multidisciplinary
710710 Team Council.
711711 B. The Oklahoma District Attorneys Council shall appoint the
712712 Child Abuse Multidisciplinary Team Council which shall be composed
713713 of eight (8) members, as follows:
714714 1. One member shall be a representative of Oklahoma Human
715715 Services;
716716 2. One member shall be a representative of the District
717717 Attorneys Council;
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744744 3. One member shall be a representative of the Council on Law
745745 Enforcement Education and Training (CLEET);
746746 4. One member shall be a representa tive of a nationally
747747 accredited association of Children’s Advocacy Centers;
748748 5. One member shall be a representative of a statewide medical
749749 association and shall be a member of a state chapter of a national
750750 academy of pediatrics;
751751 6. One member shall be a representative of an Indian child
752752 welfare association;
753753 7. One member shall be a representative of an advisory task
754754 force on child abuse and neglect ; and
755755 8. One member shall be a representative of the Oklahoma
756756 Commission on Children and Youth.
757757 C. Each member of the Child Abuse Multidisciplinary Team
758758 Council is authorized to have one designee.
759759 D. The appointed members shall be persons having expertise in
760760 multidisciplinary team j oint investigation and the dynamics,
761761 identification, and treatment of child abuse and neglect and child
762762 sexual abuse.
763763 E. The Child Abuse Multidisciplinary Team Council shall:
764764 1. Establish objective criteria and guidelines for
765765 multidisciplinary investigations and, as appropriate for each
766766 discipline, discipline -specific training on child abuse and neglect
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793793 for professionals with responsibilities affecting children, youth,
794794 and families;
795795 2. Review curricula and make recommendations to state agencies,
796796 professional organizations, and associations regarding available
797797 curricula and curricula having high standards of professional merit;
798798 3. Review curricula regarding child abuse and neglect used in
799799 law enforcement officer training by CLEET and make recommendations
800800 regarding the curricula to CLEET;
801801 4. Cooperate with and assist professional o rganizations and
802802 associations in the development and implementation of ongoing
803803 training programs and strategies to encourage professionals to
804804 participate in such training program s;
805805 5. Make reports and recommendations regarding the continued
806806 development and improvement of multidisciplinary team joint
807807 investigations to the Oklahoma legislature;
808808 6. Prepare and issue a model protocol for multidisciplinary
809809 teams regarding the investi gation and prosecution of child sexual
810810 abuse, child physical abuse, and neglec t cases;
811811 7. Review and approve protocols prepared by the local
812812 multidisciplinary teams;
813813 8. Advise multidisciplinary teams on team development;
814814 9. Determine data collection protocol and collect data on the
815815 operation and cases reviewed by the multidisciplinary teams;
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842842 10. Collect data from the Oklahoma Commission on Children and
843843 Youth Child Death Review Board and Post Adjudication Review Board;
844844 11. Issue annual reports; and
845845 12. Annually approve the list of functioning multidisciplinary
846846 teams in the state.
847847 SECTION 6. REPEALER 10A O.S. 2021, Sections 1 -9-103a and
848848 1-9-103b and 63 O.S. 2021, Section 1 -227.9, are hereby repealed.
849849 SECTION 7. This act shall become effective November 1, 2025.
850850
851851 60-1-10967 CMA 01/13/25