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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2892 By: Townley of the House
and
Kern of the Senate
AS INTRODUCED
An Act relating to state government; amending 10 O.S.
2021, Section 601.4, which relates to the Oklahoma
Commission on Children and Youth; authorizing the
Executive Director to request investigation; amending
74 O.S. 2021, Section 150.5, which relates to
investigations; authorizing Executive Director to
initiate investigations; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O. S. 2021, Section 601.4, is
amended to read as follows:
Section 601.4. The Oklahoma Commission on Children and Youth is
further authorized to:
1. Facilitate joint planning and service coordination among
public and private agencies that provide services to children and
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youth and maintain as confidential information provided to the
Commission regarding persons using such services;
2. Prepare and publish reports;
3. Review the programs, policies, and services for children and
youth provided by public and pr ivate agencies for compliance with
established state policies and progress towa rds goals identified in
planning documents relating to children and youth services and to
make reports regarding such compliance and progress;
4. Accept appropriations, gifts, loans, and grants from the
state and federal government and from other sources, public or
private;
5. Enter into agreements or contracts for the development of
test models or demonstration programs and projects and for programs
of practical research for e ffective services to children and youth;
provided that the administration of co ntract for such model programs
and projects shall, within five (5) years of their inception, be
transferred to an appropriate agency or the program or project shall
be discontinued;
6. Secure necessary statistical, technical, administrative,
operational, and staff services by interagency agreement or
contract;
7. Examine all records, plans, budgets, and budget documents
pertaining to the children and youth service system;
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8. Exercise all incidental powers as necessary and proper for
the performance of th e duties and responsibilities of the
Commission;
9. Promulgate rules as necessary to carry out the duties and
responsibilities assigned to the Oklahoma Commission on Children and
Youth;
10. Recommend that a facility providing services to children
and youth be closed or that its contract with the state be
terminated; and
11. Request that cases involving children within its
jurisdiction be transferred to the jurisdiction of , through the
Executive Director of the Commission, or designee, that an
investigation be conducted by the Oklahoma State Bureau of
Investigation or other law enforcement agency in cases where it is
reasonably believed that criminally injurious conduct, including,
but not limited to, physical or sexual abuse of a child has
occurred.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 150.5, is
amended to read as follows:
Section 150.5. A. 1. Oklahoma State Bureau of Investigation
investigations not covered under Section 150.2 of this title shall
be initiated at the r equest of the following persons:
a. the Governor,
b. the Attorney General,
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c. the Council on Judicial Complaints upon a vote by a
majority of the Council,
d. the chair of any Legislative Investigating Committee
which has been granted subpoena powers by res olution,
upon authorization by a vote of the majority of the
Committee,
e. the Director of the Department of Human Services, or
designee, as authorized by Section 1 -2-105 of Title
10A of the Oklahoma Statutes, or
f. a district court judge as authorized by Section 1-2-
103 of Title 10A of the Oklahoma Statutes , or
g. the Executive Director of the Oklahoma Commission on
Children and Youth, or designee, as authorized by
Section 601.4 of Title 10 of the Oklahoma Statutes .
2. Requests for investigations shall be submitted in writing
and shall contain specific allegations of wrongdoing under the laws
of the State of Oklahoma.
B. The Governor may initiate special background investigatio ns
with the written consent of the person who is the subject of the
investigation.
C. The chair of any Senate committee which is fulfilling the
statutory responsibility for approving nominations made by the
Governor may, upon a vote by a majority of the committee and with
the written consent of the person who is to be the subject of the
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investigation, initiate a special background investigation of any
nominee for the Oklahoma Horse Racing Commission as established by
Section 201 of Title 3A of the Oklahoma Statutes or any nominee for
the Board of Trustees of the Oklahoma Lottery Comm ission as
established by Section 704 of Title 3A of the Oklahoma Statutes.
The Bureau shall submit a report to the committee within thirty (30)
days of the receipt of the request. Any consideration by the
committee of a report from the Bureau shall be fo r the exclusive use
of the committee and shall be considered only in executive session.
D. 1. All records relating to any investigation being
conducted by the Bureau, includin g any records of laboratory
services provided to law enforcement agencies pursu ant to paragraph
1 of subsection A of Section 150.2 of this title, shall be
confidential and shall not be open to the public or to the
Commission except as provided in Section 150.4 of this title;
provided, however, officers and agents of the Bureau may di sclose,
at the discretion of the Director, such investigative information
to:
a. officers and agents of federal, state, county, or
municipal law enforcement agencies and to dist rict
attorneys, in the furtherance of criminal
investigations within their resp ective jurisdictions,
b. employees of the Department of Human Services in the
furtherance of child abuse investigations, and
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c. appropriate accreditation bodies for the purposes of
the Bureau's obtaining or maintaining accreditation.
2. Any unauthorized d isclosure of any information contained in
the confidential files of the Bureau shall be a misdemeanor. The
person or entity authorized to initiate investigations in this
section, and the Attorney General in the case of investigations
initiated by the Insu rance Commissioner, shall receive a report of
the results of the requested investigation. The person or entity
requesting the investigation may give that information only to the
appropriate prosecutorial officer or agency having statutory
authority in the matter if that action appears proper from the
information contained in the report, and shall not reveal or give
such information to any other person or agency. Violation hereo f
shall be deemed willful neglect of duty and shall be grounds for
removal from office.
E. It shall not be a violation of this section to reveal
otherwise confidential information to outside agencies or
individuals who are providing interpreter services, questioned
document analysis, laboratory services, or other specialized
services that are necessary in the assistance of Bureau
investigations. Individuals or agencies receiving the confidential
and investigative information or records or results of labor atory
services provided to the Bureau by those agencies or individuals,
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shall be subject to the confidentiality provisions and requirements
established in subsection D of this section.
F. It shall not be a violation of this section to reveal for
training or educational purposes otherwise confidential information
from records relatin g to any investigation previously conducted by
the Bureau, including any records of laboratory services provided to
law enforcement agencies pursuant to paragraph 1 of subsection A of
Section 150.2 of this title, so long as ten (10) or more years have
passed since the production of the information or record.
G. It shall not be a violation of this section to reveal
otherwise confidential information from records relating to any
investigation being conducted by the Bureau, including any records
of laboratory services provided to law enforcement agencies pursuant
to paragraph 1 of subsection A of Section 150.2 of this title or to
the public, provided, release of the confidential inf ormation has
been authorized by the Director of the Bureau for the purposes of
developing or obtaining further information reasonably necessary to
the successful conclusion of a criminal investigation being
conducted by the Bureau or authorized by the Director of the Bureau
for the purpose of advising crime victims or family represen tatives
of homicide victims regarding the status of a pending investigation.
H. The State Treasurer shall initiate a complete background
investigation of the positions with the written consent of the
persons who are the subject of the investigation pursua nt to
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subsection I of Section 71.1 of Title 62 of the Oklahoma Statutes.
The Bureau shall advise the State Treasurer and the Cash Management
and Investment Oversight Commission in writing of the results of the
investigation.
SECTION 3. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY
OVERSIGHT, dated 02/27/2025 - DO PASS, As Coauthored.