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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 949 By: Rosino
AS INTRODUCED
An Act relating to the Office of Client Advocacy;
amending 10A O.S. 2021, Section 1 -6-103, which
relates to the Oklahoma Children ’s Code; authorizing
the Office to inspect certain records; amending 43A
O.S. 2021, Section 10 -105, which relates to
protective services for vulnerable adults; defining
term; modifying and clarifying applicability of
provisions relating to investigations; directin g the
Office to establish certain system; amending 56 O.S.
2021, Section 1025.3, which relates to the community
services worker registry; transferring certain duties
to the Office; requiring the Office to promptly
report investigative findings to the Depar tment of
Human Services; updating statutory language; updating
statutory reference; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -6-103, is
amended to read as follows:
Section 1-6-103. A. Juvenile court records a nd Department of
Human Services agency records pertaining to a child may be
inspected, and their contents shall be disclosed, without a court
order to the following persons upon showing of proper credentials
and pursuant to their lawful duties:
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1. The court having the child currently before it in any
proceeding pursuant to this title, any district court or tribal
court to which such proceedings may be transferred, employees and
officers of the court in the performance of their duties, including
but not limited to guardians ad litem appointed by the court, and
court-appointed special advocates;
2. A district attorney, United States Attorney, or Attorney
General of this or another state and the employees of such offices
in the course of their official duties pursuant to this title or the
prosecution of crimes against children, or upon their request in
their official capacity as advisor in a grand jury proceeding;
3. The attorney representing a child who is the subject of a
proceeding pursuant to the provisio ns of this title or other
proceeding where child custody or visitation is at issue;
4. Employees of juvenile bureaus in the course of their
official duties pursuant to this titl e, and employees of the
Department of Human Services in the course of their official duties;
5. Employees of a law enforcement agency of this or another
state or military enclave and employees of a child protective
service of another state or military enc lave in the course of their
official duties pertaining to investigations of a report of known or
suspected child abuse or neglect or crimes against children or for
the purpose of determining whether to place a child in protective
custody;
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6. The Oklahoma Commission on Children and Youth as provided by
Sections 601.2 and 601.6 of Title 10 of the Oklahoma Statutes;
7. The Office of Juvenile Affairs;
8. A federally recognized Indian tribe in which the child who
is the subject of the record is a member or is eligible to become a
member of the tribe and is the biological child of a mem ber of an
Indian tribe pursuant to the provisions of the Federal Indian Child
Welfare Act and the Oklahoma Indian Child Welfare Act; provided such
Indian tribe, in the course of its official duties, is:
a. investigating a report of known or suspected child
abuse or neglect or crimes against children or for the
purpose of determining whether to place a child in
protective custody,
b. providing services to or for the benefit of a ch ild
including, but not limited to, protective, emergency,
social and medical s ervices, or
c. the tribe, the tribal court or the tribal child
welfare program has asserted jurisdiction or
intervened in any case in which the child is the
subject of the procee dings or is a party to the
proceedings pursuant to the authority provided in the
Oklahoma Indian Child Welfare Act.
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The records that are to be provided to Indian tribes under this
subsection shall include all case records, reports, and documents as
defined in Section 1-6-101 of this title;
9. The Governor or to any person the Gover nor designates, in
writing;
10. Any federal official of the United States Department of
Health and Human Services;
11. Any member of the Legislature approved in writing by the
Speaker of the House of Representatives or the President Pro Tempore
of the Senate;
12. A foster parent, with regard to records concerning the
social, medical, psychological, or educational needs of a child
currently placed with that foster parent or of a child being
considered for placement with that foster parent;
13. An employee of any state or federal corrections or law
enforcement agency in the performance of the official duties of the
employee concerning presentence investigations or supervision of a
parent of an alleged or adjudicated deprived child, or the legal
guardian, custodian, or any other adult member of the child ’s home
who is responsible for the health, safety, or welfare of the child;
14. An employee of a state agency of this or another state in
the performance of the official duties of the employee concerning
the establishment of paternity or the establishment or enforcement
of a child support order or other entitlement for the benefit of a
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child; provided, disclosure shall be limited to information directly
related to the purpose of such disclosure;
15. Any member of a city -county Health Department Fetal Infant
Mortality Review (FIMR) in the performance of the official duties of
the member concerning investigations of fetal and infant
mortalities; provided, disclosure shall be limited to information
directly related to the purpose of such disclosure;
16. Any designated federal authorities at the federal military
installation where a service member is assigned, when the child is a
member of an active duty military family, as provided by paragraph 4
of subsection A of Section 1 -2-102 of this title; and
17. Any member of the Child Welfare Review Committee for the
Death and Near Death of Children With Disabilities as established by
Section 1-10-103 of this title; and
18. The Office of Client Advocacy within the Stat e Department
of Health.
B. In addition to the persons listed in subsection A of this
section, juvenile court records may be inspected, and their contents
shall be disclosed, wit hout a court order to the following persons
upon showing of proper credentials and pursuant to their lawful
duties:
1. Employees of court -appointed special advocate programs, as
defined in Section 1 -1-105 of this title, in the course of their
official duties pertaining to recruiting, screening, training,
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assigning cases, supervisin g, and supporting volunteers in their
roles as guardian ad litem pursuant to Section 1 -4-306 of this
title;
2. Members of postadjudication review boards established
pursuant to the provisions of Section 1116.2 of Title 10 of the
Oklahoma Statutes, the Child Death Review Board, and
multidisciplinary personnel. In addition to juvenile court records,
members of such postadjudication review boards may inspect, without
a court order, information that includes, but is not limited to:
a. psychological and medica l records,
b. placement history and information, including the names
and addresses of foster parents,
c. family assessments,
d. treatment or service plans, and
e. school records;
3. The Department of Human Services or other public or private
agency or individual having court -ordered custody or physical
custody pursuant to Department placement of the child, or conducting
a child abuse or neglect investigation of the child who is t he
subject of the record. In addition to juvenile court records,
employees of the Department may inspect, without a court order and
upon a showing of proper credentials and pursuant to their lawful
duties, information that includes, but is not limited to:
a. psychological and medical records, and
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b. nondirectory education records;
4. The child who is the subject of the record and the parents,
legal guardian, custodian, or foster parent of such child; and
5. A person authorized by the court to conduct bon a fide
research, provided such research may not publish the names or
identities of parents, children, or other persons contained in the
records.
C. In addition to the persons and entities named in subsection
A of this section, Department of Human Services agency records may
be inspected, and their contents shall be disclosed, without a court
order to the following persons upon showing of proper credentials
and pursuant to their lawful duties:
1. Postadjudicatory review boards, court -appointed special
advocates, and members of the Child Death Review Board;
2. Any district court whi ch has ordered a home study by the
Department in an action for divorce, annulment, custody of a child,
or appointment of a legal guardian of a child, or any subsequent
proceeding in such actions; provided, however, the Department may
limit disclosure in the home study to summaries or to information
directly related to the purpose of the disclosure;
3. Members of multidisciplinary teams or multidisciplinary
personnel designated by the Department, investigating a report of
known or suspected child abuse or n eglect or providing services to a
child or family which is the subject of the report;
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4. A physician who has before him or her a child whom the
physician reasonably suspects may be abused or neglected or any
health care or mental health professionals involved in the
evaluation or treatment of the child or the parents, legal guardian,
foster parent, custodian, or other family members of the child;
5. Any public or private agency or person authorized by the
Department to diagnose, or provide care, treatment , supervision, or
other services to a child who is the subject of a report or record
of child abuse or neglect; provided, the Department may limit such
disclosure to summaries or to information directly necessary for the
purpose of such disclosure;
6. Any person or agency for research purposes, if all of the
following conditions are met:
a. the person or agency conducting the research is
employed by the State of Oklahoma or is un der contract
with this state and is authorized by the Department to
conduct the research, and
b. the person or agency conducting the research ensures
that all documents containing identifying information
are maintained in secure locations and access to the
documents by unauthorized persons is prohibited; that
no identifying information is included in documents
generated from the research conducted; and that all
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identifying information is deleted from documents used
in the research when the research is compl eted;
7. The Oklahoma Health Care Authority; and
8. A medical examiner when such person is determining the cause
of death of a child.
D. In accordance with the rules promulgated for such purpose
pursuant to Section 620.6 of Title 10 of the Oklahoma Stat utes,
records listed in subsection A of Section 1 -6-102 of this title may
be inspected and their contents disclosed without a court order to
participating agencies.
E. The court may disclose to an employee of an out -of-state
entity, licensed to perform ad option home studies in that state,
whether the prospective adoptive parent has had parental rights to a
child terminated in Oklahoma or whether the prospective adoptive
parent has relinquished parental rights to a child in Oklahoma.
F. Nothing in this sec tion shall be construed as prohibiting
the Department from disclosing such confidential information as may
be necessary to secure appropriate care, treatment, protection or
supervision of a child alleged to be abused or neglected.
SECTION 2. AMENDATORY 43A O.S. 2021, Section 10 -105, is
amended to read as fo llows:
Section 10-105. A. As used in this section, “appropriate state
entity” means:
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1. The Office of Client Advocacy within the State Department of
Health, if the allegation concerns a vulnerable adult who is:
a. a certified member of the plaintiff class in Homeward
Bound, Inc., et al. v. The Hissom Memorial Center, et
al., Case Number 85-C-437-E, United States District
Court for the Northern District of Oklahoma,
b. a resident of the Robert M. Greer Center or successor
facility, or
c. receiving services from a community services provider,
community services worker, Medicaid personal care
services provider, or Medicaid personal care
assistant, as those terms are defined in Section
1025.1 of Title 56 of the Oklahoma Statutes;
2. The Office of the State Long -Term Care Ombudsman within the
Office of the Attorney General, if the allegation concerns a
vulnerable adult who is a resident of a long -term care facility; or
3. The Department of Human Services, if the allegation concerns
a vulnerable adult who does not meet the description of either
paragraph 1 or paragraph 2 of this subsection.
B. Upon receiving a report of alleged abuse, neglect, or
exploitation of a vulnerable adult pu rsuant to the provisions of the
Protective Services for Vulnerable Adults Act, the Department of
Human Services appropriate state entity shall make a prompt and
thorough investigation. When feasible, law enforcement and the
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Department appropriate state en tity shall conduct joint
investigations in order to reduce potential trauma to the victim and
to eliminate duplicative efforts.
B. C. The investigation shall include:
1. Notification of local law enforcement agency. Upon the
request of a law enforcement agency, the Department appropriate
state entity shall submit copies of any results or records of an
examination on the vulnerable adult who is alleged to have been
abused, neglected, or exploited and any other clinical notes, x -
rays, photographs, or previ ous or current records relevant to the
case;
2. Any findings of abuse, neglec t, or exploitation of a
vulnerable adult shall also be sent to any state agency with
concurrent jurisdiction over persons or issues identified in the
investigation including, but not limited to, where appropriate, the
State Department of Health, the Oklahoma Board of Nursing, or any
other appropriate state licensure or certification board, agency, or
registry;
3. Every reasonable effort to locate and notify the caretaker,
legal guardian and next of kin of the vulnerable adult who may be in
need of protective services pursuant to Section 10 -105.1 of this
title;
4. Diagnostic evaluation to determine whether the person needs
protective services;
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5. Any photographs necessary to docu ment injuries or conditions
which have resulted or may result in an injury or serious harm to
the person;
6. A statement of the least restrictive services needed;
7. Whether services are available from the Department of Human
Services or in the community and how the services can be provided;
8. Whether the person would be capable of obtaining services
for self and could bear the cost or would be eligible for services
from the Department of Human Services;
9. Whether a caretaker or legal guardian would b e willing to
provide services or would agree to their provision;
10. Whether the person desires the services;
11. A statement of any follow -up investigation or monitoring of
the services that may be needed; and
12. Other relevant information.
C. D. 1. a. Investigations conducted pursuant to this
section shall include a visit to t he home or other
place of residence of the person who is the subject of
the report, a private interview with such person and
any other potential victims, and consultation with
persons who have knowledge of or may be witnesses to
the circumstances.
b. Investigators shall be suitably trained in interview
techniques and shall utilize such techniques in
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interviews with elderly and incapacitated adults and
individuals with intellectual disabilities.
Interviews shall be conducted at the appropriate
developmental age level of the victim. A reasonable
effort shall be made to conduct interviews of
vulnerable adult victims with an intellectual
disability or diminished capacity utilizing
appropriate personnel and following protocols and
procedures established for interviews with such
persons, including the use of forensic interview
techniques when appropriate.
c. If, in the course of an investigation of this nature,
the Department appropriate state entity is denied
entrance to the home or other place of residence of a
person believed to be a vulnerable adult in need of
protective services, or is denied a private interview
with the vulnerable adult, the Department appropriate
state entity may petition the court for an order
allowing entry to the premises or private access to
the vulnerable adult. The court shall make a finding
of probable cause of the vulnerability of the adult
before issuing the order. If documentation, or access
to records, or other information relating to such
person as provided by this section is d enied, the
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Department appropriate state entity may petition the
court for an order allowing entry or access.
2. The petition shall state the name and address of the person
who is the subject of the report and shall allege specific facts
sufficient to show that the circumstances of the person are in need
of investigation.
3. If it is necessary to forcibly enter the premises, the
representative of the Department appropriate state entity shall make
the entry accompanied by a peace officer.
4. The Department appropriate state entity shall make all
reasonable attempts to interview the caretaker or other persons
alleged to be involved in the abuse, neglect or exploitation in
order to enhance service provision and to prevent additional
incidents of abuse, neglect or exploitation.
D. E. When a report is received pertaining to a vulnerable
adult who has a legal guardian, a copy of the investigative report
of the Department appropriate state entity shall be filed with the
court to which the guardian is accountable.
E. F. 1. In the case of a final investigative report
pertaining to a vulnerable adult who is a resident of a nursing
facility, residential care facility, assisted living facil ity or
continuum of care facility and who is alleged to be a victim of
abuse, verbal abuse, neglect, or exploitation by an employee of such
facility, the Department Office of the State Long -Term Care
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Ombudsman shall forward to the State Department of Healt h a copy of
the Department’s Office’s final investigative report.
2. The Department of Human Services Office of the State Long -
Term Care Ombudsman shall be deemed a party pursuant to the
Administrative Procedures Act for the investigative reports filed by
the Department Office with the State Department of Health regarding
vulnerable adults who are residents of nursing facilities,
residential care facilities, assisted living facilities or continuum
of care facilities.
a. Within thirty (30) days of receipt o f the final
investigative report submitted by the Department of
Human Services Office of the State Long -Term Care
Ombudsman pursuant to this section, the State
Department of Health shall provide the Department of
Human Services Office with a written summar y of any
action taken as a result of the complaint including,
but not limited to, results of any inspections,
enforcement actions or actions which may be taken by
the State Department of Health.
b. Whenever the Department of Human Services Office of
the State Long-Term Care Ombudsman believes that the
conditions giving rise to a com plaint by the
Department Office alleging a serious threat to the
health, safety or welfare of a resident of a nursing
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facility, residential care facility, assisted living
facility or continuum of care facility have not been
adequately addressed, the Department of Human Services
Office may request the State Department of Health to
hold a hearing on the complaint as provided by Section
309 of Title 75 of the Oklahoma Statutes.
3. Nothing herein shall prevent the State Department of Health
from conducting any type of investigation or taking any appropriate
remedial or other action pursuant to the provisions of the Nursing
Home Care Act, the Residential Care Act and the Continuum of C are
and Assisted Living Act.
F. G. When a report is received pertaining to a vulnerable
adult residing in a facility other than the home of the vulnerable
adult, where persons are employed to provide care and those
employees have been named as persons res ponsible for the abuse,
neglect or exploitation, the Department appropriate state entity
shall forward its final findings, including, but not limited to, any
administrative appeal findings to the owner or administrator of the
facility to prevent further in cidents.
H. The Office of Client Advocacy shall establish a system for
investigating allegations of misconduct by a person responsible for
a vulnerable adult not rising to the level of abuse, neglect, or
exploitation in cases where the Office is the appro priate state
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entity for the vulnerable adult as specified in subsection A of t his
section.
SECTION 3. AMENDATORY 56 O.S. 2021, Section 1025.3, is
amended to read as follows:
Section 1025.3. A. The Director of the Department of Human
Services shall promulgate rules to establish and maintain a
community services worker registry. Such rules may include, but
need not be limited to:
1. A procedure for notation in such registry of a final
Department of Human Services investigative finding by the Office of
Client Advocacy within the State Department of Health or a finding
by an Administrative Law Judge of maltreatment of an individual by a
community services worker or a Medicaid personal care assistant;
2. A procedure for notice and d ue process for a community
services worker, or a Medicaid personal care assistant, or applicant
before the entering of such person ’s name in the registry as having
a final Department of Human Services Office of Client Advocacy
investigative finding or Admi nistrative Law Judge finding of
maltreatment of an individual;
3. Disclosure requirements for information in the registry; and
4. Procedures for granting a waiver of the provisions of
paragraph 1 of subsection F G of Section 1025.2 of this title by the
Director of Human Services.
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B. The community services worker registry shall include, but
not be limited to, the following information on each community
services worker and each Medicaid personal care assistant:
1. The individual’s full name;
2. Information necessary to identify each individual;
3. The date the individual ’s name was placed in the registry;
and
4. Information on any final Department of Human Services Office
of Client Advocacy investigative finding or Administrative Law Judge
finding of maltreatment concerning the worker.
C. The Office of Client Advocacy shall promptly report final
investigative findings to the Department of Human Services for the
purposes of the community services worker registry.
D. A community services worker, a Medica id personal care
assistant, or applicant who is adversely affected by an
Administrative Law Judge finding of maltreatment of an individual
may seek judicial review pursuant to Article II of the
Administrative Procedures Act. The finding of the Administrat ive
Law Judge may be appealed to the district court of the county in
which the community services worker, Medicaid personal care
assistant, or applicant resides within thirty (30) days of the date
of the decision. A copy of the petition shall be served by mail
upon the general counsel of the Department of Human Services.
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D. E. An investigation conducted under Section 1025.1 et seq.
of this title shall include a process for notifying a community
services provider of areas of concern and administrative
information. An area of concern or administrative information shall
not be considered final investigative findings, nor shall the area
of concern or administrative information be included in a final
investigative report of the Department of Human Services Office of
Client Advocacy. The Department Office shall develop a procedure by
which a community services provider may request an investigative
status update within ten (10) calendar days of the initiation of an
investigation conducted under Section 1025.1 et seq. of this title.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-600 DC 1/16/2025 12:43:58 PM