Oklahoma 2025 Regular Session

Oklahoma House Bill HB2798 Compare Versions

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3		-	SENATE FLOOR VERSION - HB2798 SFLR Page 1
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	3	+	ENGR. H. B. NO. 2798 Page 1 1
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29		-	SENATE FLOOR VERSION
30		-	April 8, 2025
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 2798 By: Hasenbeck and Caldwell
35	30		(Chad)of the House
36	31
37	32		and
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39		-	Alvord ~~and Hamilton~~ of the
40		-	~~Senate~~
	34	+	Alvord of the Senate
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45	40		An Act relating to reporting requirements; amending
46	41		10A O.S. 2021, Section 1 -2-101, which relates to the
47	42		duty to report abuse or neglect; prov iding statutory
48	43		reference; making certain acts unlawful; providing
49	44		penalties; defining term; amending 70 O.S. 2021,
50	45		Section 1210.163, as amended by Section 46, Chapter
51	46		59, O.S.L. 2024 (70 O.S. Supp. 2024, Section
52	47		1210.163), which relates to the duty to rep ort child
53	48		abuse and neglect; making superintendents and school
54	49		administrators subject to criminal penalties under
55	50		certain circumstances; providing for codification;
56	51		and providing an effective date.
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61	56		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
62	57		SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -2-101, is
63	58		amended to read as follows:
64	59		Section 1-2-101. A. 1. The Department of Human Services shall
65	60		establish a statewide centralized hotline for the reporting of child
66	61		abuse or neglect to the Department.
67	62		2. The Department shall provide hotline -specific training
68	63		including, but not limited to, interviewing skills, customer service
	64	+	skills, narrative writing, necessary compute r systems, making case
	65	+	determinations, and identifying prio rity situations.
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96		-	skills, narrative writing, necessary compute r systems, making case
97		-	determinations, and identifying priority situations.
98	92		3. The Department is authorized to contract with third parties
99	93		in order to train hotline workers.
100	94		4. The Department shall develop a system to track the number of
101	95		calls received, and of that number:
102	96		a. the number of calls screened out,
103	97		b. the number of referrals assigned,
104	98		c. the number of calls received by persons unwilling to
105	99		disclose basic personal information including, but not
106	100		limited to, first and last name, and
107	101		d. the number of calls in which the allegations were
108	102		later found to be un substantiated or ruled out.
109	103		5. The Department shall electronically record each referral
110	104		received by the hotline and establish a secure means of retaining
111	105		the recordings for twelve (12) months. The recordings shall be
112	106		confidential and subject to disclosur e only if a court orders the
113	107		disclosure of the referral. The Department shall redact any
114	108		information identifying the reporting party unless otherwise ordered
115	109		by the court.
116	110		B. 1. Every person hav ing reason to believe that a child under
117	111		the age of eighteen (18) years is a victim of abuse or neglect shall
118	112		report the matter immediately to the Department of Human Services.
119	113		Reports shall be made to the hotline provided for in subsection A of
	114	+	this section. Any allegation of abuse or neglect reported in any
	115	+	manner to a county office shall immediately be referred to the
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147		-	this section. Any a llegation of abuse or neglect reported in any
148		-	manner to a county office shall immediately be referred to the
149	142		hotline by the Department. Provided, however, that in actions for
150	143		custody by abandonment, provided for in Section 2 -117 of Title 30 of
151	144		the Oklahoma Statutes, there shall be no reporting requirem ent.
152	145		2. a. Every school employee having reason to believe that a
153	146		student under the age of eighteen (18) years is a
154	147		victim of abuse or neglect shall report the matter
155	148		immediately to the Department of Human Services and
156	149		local law enforcement. Reports to the Department
157	150		shall be made to the hotline provided for in
158	151		subsection A of this section. Any allegation of abuse
159	152		or neglect reported in any manner to a county office
160	153		shall immediately be referred to the hotline by the
161	154		Department. Provided, however, that in actions for
162	155		custody by abandonment, provided for in Section 2 -117
163	156		of Title 30 of the Oklahoma Statutes, there shall be
164	157		no reporting requirement.
165	158		b. Every school employee having reason to believe that a
166	159		student age eighteen (18) years or older is a victim
167	160		of abuse or neglect shall report the matter
168	161		immediately to local law enforcement.
169	162		c. In reports required by subparagraph a or b of this
170	163		paragraph, local law enforcement shall keep
	164	+	confidential and redact any information identifying
	165	+	the reporting school emp loyee unless otherwise ordered
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198		-	confidential and redact any information identifying
199		-	the reporting school employee unless otherwise ordered
200	192		by the court. A school employee with knowledge of a
201	193		report required by subparagraph a or b of this
202	194		paragraph shall not disclose information identifying
203	195		the reporting school employee unless otherwise ordered
204	196		by the court or as part of an investigation by local
205	197		law enforcement or the Department.
206	198		3. Every physician, surgeon, or other health care professional
207	199		including doctors of medicine, licensed osteopathic physicians ,
208	200		residents and interns, or any other health care professio nal or
209	201		midwife involved in the prenatal care of expectant mothers or the
210	202		delivery or care of infants shall promptly report to the Department
211	203		instances in which an infant tests positive for alcohol or a
212	204		controlled dangerous substance. This shall include in fants who are
213	205		diagnosed with Neonatal Abstinence Syndrome or Fetal Alcohol
214	206		Spectrum Disorder.
215	207		4. No privilege or contract shall relieve any person from the
216	208		requirement of reporting pursuant to thi s section.
217	209		5. The reporting obligations under this section are individual,
218	210		and no employer, supervisor, administrator, governing body or entity
219	211		shall interfere with the reporting obligations of any employee or
220	212		other person or in any manner discriminate or retaliate against the
221	213		employee or other person who in good faith reports suspected child
	214	+	abuse or neglect, or who provides testimony in any proceeding
	215	+	involving child abuse or neglect. Any employer, supervisor,
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249		-	abuse or neglect, or who provides testimony in any proceeding
250		-	involving child abuse or neglect. Any employer, supervisor,
251	242		administrator, governing body or entity who discharges,
252	243		discriminates or retaliates against the employ ee or other person
253	244		shall be liable for damages, costs and attorney fees. If a child
254	245		who is the subject of the report or other child is harmed by the
255	246		discharge, discrimination or retaliation described in this
256	247		paragraph, the party harmed may file an action to recover damages,
257	248		costs and attorney fees.
258	249		6. Every physician, surgeon, other health care professional or
259	250		midwife making a report of abuse or neglect as required by this
260	251		subsection or examining a child to determine the likelihood of abuse
261	252		or neglect and every hospital or related institution in which the
262	253		child was examined or treated shall provide, upon request, copies of
263	254		the results of the examination or copies of the examination on which
264	255		the report was based and any other clinical notes, x -rays,
265	256		photographs, and other previous or current records relevant to the
266	257		case to law enforcement officers conducting a criminal investigation
267	258		into the case and to employees of the Department of Human Services
268	259		conducting an investigation of alleged abuse or neglect in t he case.
269	260		C. Any Except as provided in Section 2 of this act, any person
270	261		who knowingly and willfully fails to promptly report suspected child
271	262		abuse or neglect or who interferes with the prompt reporting of
272	263		suspected child abuse or neglect may be reported t o local law
	264	+	enforcement for criminal investigation and, upon conviction thereof,
	265	+	shall be guilty of a misdemeanor. Any Except as provided in Section
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300		-	enforcement for criminal investigation and, upon conviction thereof,
301		-	shall be guilty of a misdemeanor. Any Except as provided in Section
302	292		2 of this act, any person with prolonged knowle dge of ongoing child
303	293		abuse or neglect who knowingly and wil lfully fails to promptly
304	294		report such knowledge may be reported to local law enforcement for
305	295		criminal investigation and, upon conviction thereof, shall be guilty
306	296		of a felony. For the purposes of this paragraph, "prolonged
307	297		knowledge" shall mean knowledge of at least six (6) months of child
308	298		abuse or neglect.
309	299		D. 1. Any person who knowingly and willfully makes a false
310	300		report pursuant to the provisions of this section or a report that
311	301		the person knows lacks factual foundation may be reported to local
312	302		law enforcement for criminal investigation and, upon conviction
313	303		thereof, shall be guilty of a misdemeanor.
314	304		2. If a court determines that an accusation of child abuse or
315	305		neglect made during a child custody proceeding is false and the
316	306		person making the accusation kn ew it to be false at the time the
317	307		accusation was made, the court may impose a fine, not to exceed Five
318	308		Thousand Dollars ($5,000.00) and reasonable attorney fees incurred
319	309		in recovering the sanctions , against the person making the
320	310		accusation. The remedy pro vided by this paragraph is in addition to
321	311		paragraph 1 of this subsection or to any other remedy provided by
322	312		law.
	313	+	E. Nothing contained in this section shall be construed to
	314	+	exempt or prohibit any person from reporting any suspected child
	315	+	abuse or neglect pursuant to subsection B of this section.
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350		-	E. Nothing contained in this section shall be construed to
351		-	exempt or prohibit any person from reporting any suspected child
352		-	abuse or neglect pursuant to subsection B of this section.
353	342		SECTION 2. NEW LAW A new section of law to be codified
354	343		in the Oklahoma Statutes as Section 593 of Title 21, unless there is
355	344		created a duplication in numbering, reads as follows:
356	345		A. Any superintendent or school administrator of a school
357	346		district who knowingly and willfully fails to promptly report or who
358	347		interferes with the prompt reporting of child abuse and neglect, as
359	348		mandated in Section 1210.163 of Title 70 of the Oklahoma Statutes
360	349		shall, upon conviction, be guilty of a felony punishable by
361	350		imprisonment in the Department of Corrections for a term of not less
362	351		than two (2) years, or by a fine of not less than Twenty Thousand
363	352		Dollars ($20,000.00), or by both such fine and imprisonment. In
364	353		addition, the court shall require the person to complete a term of
365	354		community service, without compensation, for a period of hours to be
366	355		determined by the court.
367	356		B. As used in this section, "school administrator" means a
368	357		principal, assistant principal, or any other person who serves in a
369	358		supervisory or administrative capacity in a school district.
370	359		SECTION 3. AMENDATORY 70 O.S. 2021, Section 1210.163, as
371	360		amended by Section 46, Ch apter 59, O.S.L. 2024 (70 O.S. Supp. 2024,
372	361		Section 1210.163), is amended to read as follows:
	362	+	Section 1210.163. A. Every school employee having reason to
	363	+	believe that a student under the age of eighteen (18) years is a
	364	+	victim of abuse or neglect shall report the matter immediately to
	365	+	the Department of Human Servi ces and local law enforcement. Reports
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400		-	Section 1210.163. A. Every school employee having reason to
401		-	believe that a student under the age of eighteen (18) years is a
402		-	victim of abuse or neglect shall report the mat ter immediately to
403		-	the Department of Human Services and local law enforcement. Reports
404	392		to the Department shall be made to the hotline provided for in
405	393		Section 1-2-101 of Title 10A of the Oklahoma Statutes. Any
406	394		allegation of abuse or neglect rep orted in any manner to a county
407	395		office shall immediately be referred to the hotline by the
408	396		Department.
409	397		B. Every school employee having reason to believe that a
410	398		student age eighteen (18) years or older is a victim of abuse or
411	399		neglect shall report the matter immediately to local law
412	400		enforcement.
413	401		C. In reports required by subsection A or B of this section,
414	402		local law enforcement shall keep confidential and redact any
415	403		information identifying the reporting school employee unless
416	404		otherwise ordered by the court. A school employee with knowledge of
417	405		a report required by s ubsection A or B of this section shall not
418	406		disclose information identifying the reporting school employee
419	407		unless otherwise ordered by the court or as part of an investigation
420	408		by local law enforcement or the Department.
421	409		D. Any superintendent or school admi nistrator of a school
422	410		district who knowingly and willfully fails to promptly report or
423	411		interferes with the prompt reporting of abuse or neglect shall be
	412	+	subject to the penalties provided for in Sec tion 2 of this act. As
	413	+	used in this subsection, "school ad ministrator" means a principal,
	414	+	assistant principal, or any other person who serves in a supervisory
	415	+	or administrative capacity in a school district.
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451		-	subject to the penalties provided for in Sec tion 2 of this act. As
452		-	used in this subsection, "school administrator" means a principal,
453		-	assistant principal, or any other person who serves in a supervisory
454		-	or administrative capacity in a school district.
455	442		E. For the purposes of this section, "child abuse and neglect"
456	443		shall include, but not be limited to:
457	444		1. Child abuse as defined in Section 843.5 of Title 21 of the
458	445		Oklahoma Statutes;
459	446		2. Sexual abuse or sexual exploitation as defined in Section 1 -
460	447		1-105 of Title 10A of the Oklahoma Statutes;
461	448		3. Contributing to the delinquency of a minor as defined in
462	449		Section 856 of Title 21 of the Oklahoma Statutes;
463	450		4. Trafficking in children, as defined in Section 866 of Title
464	451		21 of the Oklahoma Statutes;
465	452		5. Incest as described in Section 885 of Title 21 of the
466	453		Oklahoma Statutes;
467	454		6. Forcible sodomy, as described in Section 888 of Title 21 of
468	455		the Oklahoma Statutes;
469	456		7. Maliciously, forcibly or fraudulently taking or enticing a
470	457		child away, as described in Section 891 of Title 21 of the Oklahoma
471	458		Statutes;
472	459		8. Soliciting or aiding a minor child to perform or showing,
473	460		exhibiting, loaning or distributing obscene material or child sexual
	461	+	abuse material, as described in Section 1021 of Title 21 of the
	462	+	Oklahoma Statutes;
	463	+	9. Procuring or causing the participation of any minor child in
	464	+	any child sexual abuse material or knowingly poss essing, procuring
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501		-	abuse material, as described in Section 1021 of Title 21 of the
502		-	Oklahoma Statutes;
503		-	9. Procuring or causing the participation of any minor child in
504		-	any child sexual abuse material or knowingly possessing, procuring
505	491		or manufacturing child sexual abuse material, as described in
506	492		Section 1021.2 of Title 21 of the Oklahoma Statutes;
507	493		10. Permitting or consenting to the participation of a minor
508	494		child in any child sexual abuse material, as described in Sec tion
509	495		1021.3 of Title 21 of the Oklahoma Statutes;
510	496		11. Facilitating, encouraging, offering or soliciting sexual
511	497		conduct with a minor, as described in Section 1040.13a of Title 21
512	498		of the Oklahoma Statutes;
513	499		12. Offering or offering to secure a minor child f or the
514	500		purposes of prostitution or any other lewd or indecent act, as
515	501		described in Section 1087 of Title 21 of the Oklahoma Statutes;
516	502		13. Causing, inducing, persuading or encouraging a minor child
517	503		to engage or continue to engage in prostitution, as descri bed in
518	504		Section 1088 of Title 21 of the Oklahoma Statutes;
519	505		14. Rape or rape by instrumentation, as described in Sections
520	506		1111.1 and 1114 of Title 21 of the Oklahoma Statutes; and
521	507		15. Making any oral, written or electronically or computer -
522	508		generated lewd or indecent proposals to a minor child under the age
523	509		of sixteen (16) as described in Section 1123 of Title 21 of the
524	510		Oklahoma Statutes; and
	511	+	16. Sexual battery, w hen committed upon a person who is a t
	512	+	least sixteen (16) years of age and is less than twenty ( 20) years
	513	+	of age and is a student, or in the legal custody or supervision of
	514	+	any public or private elementary or secondary school, or technology
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552		-	16. Sexual battery, when committed upon a person who is a t
553		-	least sixteen (16) years of age and is less than twenty (20) years
554		-	of age and is a student, or in the legal custody or supervision of
555		-	any public or private elementary or secondary school, or technology
556	541		center school, by a person who is eighteen (18) years of age or
557	542		older and is an employee of a school system .
558	543		SECTION 4. This act shall become effective November 1, 2025.
559		-	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
560		-	April 8, 2025 - DO PASS
	544	+	Passed the House of Representatives the 13th day of March, 2025.
	545	+
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	549	+	Presiding Officer of the House
	550	+	of Representatives
	551	+
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	553	+
	554	+	Passed the Senate the _____ day of __________, 2025.
	555	+
	556	+
	557	+
	558	+
	559	+	Presiding Officer of the Senate