OKLAHOMA

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WHO:        EVERY person MUST report if s/he has reason to believe that a child is a victim of abuse or neglect.  [Stat. tit. 10A, § 1-2-101(B)(1)]      

These are mandatory (MUST report): • All persons • (special case of students:) • (special case of substance-exposed newborns:) Physicians, surgeons, or other health care professional including doctors of medicine, licensed osteopathic physicians, residents and interns, or any other health care professional, or midwives • (special case of obscene images:) Commercial film and photographic print processors or commercial computer technicians.  [Stat. tit. 10A, § 1-2-101(B)(1)-(3),(6); tit. 21, § 1021.4(A)]

·       NOTE: Medical reporting standards for infants are workplace-specific. And film / photo / computer reporting standards are for observations within the scope of work.

·       STANDARD:  [Stat. tit. 10A, §§ 1-1-105(8), 1-2-101(B)(1)-(3),(6); tit. 21, § 1021.4(A)]  Child means any unmarried person under age 18.

(1)      Any reporter: reason to believe a child is a victim of abuse or neglect.

(2)      Any school employee: reason to believe that a student is a victim of abuse or neglect, whether the student is a child or adult. The mandate does not stipulate that these students are attending the school where the employee works.

(3)      A physician, surgeon, other health-care professional (including medical doctors, licensed osteopathic physicians, residents, and interns, or any other healthcare professional, or midwives): (a) is involved in prenatal care of expectant mothers or delivery or care of infants; and (b) an infant tests positive for alcohol or a controlled dangerous substance OR is diagnosed with neonatal abstinence syndrome or fetal alcohol spectrum disorder.

(4)      Commercial film & photo print processor or commercial computer technician: (a) within the scope of professional capacity or employment, (b) knows of or observes (c) any film, photo, video, negative, or slide, or media of any type, (d) depicting a child engaged in sexual conduct. (It is defined below.)

·       PRIVILEGE:  NO privilege or contract is exempt. [Stat. tit. 10A, § 1-2-101(B)(4)]

WHEN:      For ALL reports: (a) generally IMMEDIATELY; (b) IMMEDIATELY for school employees as to students; (c) PROMPTLY for medical staff as to substances in newborns, and (d) IMMEDIATELY or AS SOON AS POSSIBLE for photo & film processors and computer technicians as to images.  [Stat. tit. 10A, § 1-2-101(B)(1)-(3),(6); tit. 21, § 1021.4(A)] 

WHERE & HOW:  Reports to the Oklahoma Department of Human Services (DHS) generally are on the statewide centralized hotline, and/or in some cases to local law enforcement.  Child Protective Services (CPS) is part of DHS. Any report to DHS county offices is referred to the hotline.  [Stat. tit. 10A, § 1-2-101(B)(1)-(3),(6); tit. 21, § 1021.4(A)]

·       Generally, reports are to the DHS hotline.

·       School employee reports are to both the DHS hotline and local law enforcement for students under age 18, but only to local law enforcement for students age 18 or older. A school employee must keep knowledge of his/her report or of others confidential.

·       Medical staff reports on substance exposure in newborns are to DHS and NOT law enforcement. The statute does not require the report to be by hotline, but it may be.  [p. 2, http://www.okdhs.org/OKDHS%20Publication%20Library/S16055.pdf]

·       Commercial film & photo processors and commercial computer technicians report suspect images to the law enforcement agency with jurisdiction. Child porn is a type of sexual exploitation [Stat. tit. 10A, § 1-1-105(v1 or v2)(c)]. The Oklahoma State Bureau of Investigation advises reporting child exploitation to the [FBI] CyberTipline at http://www.cybertipline.com/ or 1-800-THE-LOST (= 1-800-843-5678) at the National Center for Missing and Exploited Children.  [https://osbi.ok.gov/investigative-services/units]

CONTACTS:

o   For a child in imminent danger:                     Call 911 or local law enforcement;                                                   report afterward

o   A law enforcement directory is at:                       https://www.usacops.com/ok/

o   The DHS 24/7 hotline is:                               1-800-522-3511

OTHER ASPECTS:

·       REPORT DETAILS:  [Stat. tit. 10A, § 1-2-101(B)(6); Admin. Code. tit. 340, § 75-3-130 staff (4)(c),(5)(1)]

o    Incident information needed (if available): (a) the names, addresses, ages and whereabouts of the child and parents, or other persons responsible for the child’s welfare, such as at the school, work, daycare, or hospital; (b) the nature and extent of abuse or neglect; (c) any information on prior safety and well-being as to the children and their parents or other identified caretakers; (d) any other info to help establish the cause of injuries and identity of the person responsible.

o   Intake staff also ask (to the extent known): (e) reporter’s name, address, and phone number – but the report may be anonymous; (f) reporter's relationship to   the child and family and how well the reporter knows them; (g) known previous abuse or neglect; (h) reason for reporting; (i) reporter’s source of information (personal knowledge, or others); (j) who else may have relevant info; (k) family’s response to any safety concerns shared with them; (l) known unsafe conditions in the home (weapons, volatile or mentally ill persons, illegal substances abused or manufactured or distributed – and what types); (m) seriousness and urgency of the situation; (n) the family's primary language; (o) how the family functions (support/network, meeting basic & medical needs, behavioral/emotional health, parent(s)’ substance use, violence in home, day-to-day parenting, child(ren)’s emotional & developmental needs, child(ren)’s educational / vocational / independent living needs, child(ren)’s substance use);  (p) tribal affiliation of the family or any child; (q) whether there is (other) reason to believe the child is (American) Indian; and (r) any disability or medical condition of any child or caregiver in the home that might affect the caregiver's ability to protect the child.

o    For physicians, surgeons, other health-care professionals, midwives, hospitals, & related institutions, the reporter MUST provide on request during investigation: (s) copies of exam results; (t) copies of exam the report was based on; and (u) any other clinical notes, x-rays, photos, or other relevant records.

·       REPORTER PROTECTION: (1) The statutes reviewed do NOT require reports to identify the reporter. (2) Reports are recorded but confidential and retained for 12 months; reporter identities can be released only by court order.  [Stat. tit. 10A, § 1-2-101(A)(5),(B)(2)(c)]  (3) Any reporter in good faith and exercising due care is immune from civil and criminal liability; good faith is presumed.  [Stat. tit. 10A, § 1-2-104(A),(B)]

WHY:        (1) ANYONE who knowingly, willingly fails to report PROMPTLY or who interferes with prompt reporting has a misdemeanor, but if 6 months pass without reporting (“prolonged knowledge”) it is a felony.  [Stat. tit. 10A, § 1-2-101(B)(4); (C)]  (2) An employer, supervisor, administrator, governing body, or entity who discharges, discriminates, or retaliates for a good-faith report is liable for damages, costs, and attorney fees; a child harmed by the act may recover those also.  [Stat. tit. 10A, § 1-2-101(B)(5)]  (3) ANYONE who knowingly, willingly, falsely reports has a misdemeanor; and a knowingly false accusation of abuse or neglect made during a child custody proceeding is a misdemeanor and also civilly liable for a < $5,000 fine and reasonable attorney fees.  [Stat. tit. 10A, § 1-2-101(D)]  

WHAT:      In Oklahoma, child abuse includes nonaccidental physical or mental injury, sexual abuse, sexual exploitation, or other harms; child neglect includes failing to provide, failure to protect and abandonment.  [Stat. tit. 10A, § 1-1-105 v1(2),(48); v2(2),(49)]

Initial Screening Criteria (CPS): (a) allegations meet the [statutory] definition of child abuse or neglect; (b) the incident falls within CPS responsibility (suspect is responsible for the child); and (c) a child is presently at risk or will be if safety measures are not put in place. These are based on an alleged situation that either is current, or if not recent, gives reason to believe the child(ren) is/are presently at risk or in danger.  [Admin. Code. tit. 340, § 75-3-130(c)]

·        Alleged statutory abuse or neglect is investigated for: (a) immediate serious safety threat; (b) >3 reports on the family accepted to be assessed or investigated; (c) a deprived petition was file on them; or (d) a child has fetal alcohol syndrome or is drug-endangered.  Priority I: present danger; Priority 2: vulnerable child and risk of harm.

·        Alleged statutory abuse or neglect is assessed if there is no immediate serious threat.

·        Other subjects may be referred for services (food, shelter, medical, counseling, etc.). 

·        Law enforcement is notified if a perpetrator is NOT a person responsible for the child’s health, safety, or welfare.   [Admin. Code. tit. 340, § 75-3-130 staff (4)(b)(2)(B)]

Reportable: (a) person responsible for a child's health, safety, or welfare, for abuse by a nonaccidental physical or mental injury, sexual abuse, or sexual exploitation, or another harm; and for neglect by failing to provide (care or necessities, healthcare or mental healthcare, supervision, special needs), failure to protect (from illegal drugs, illegal activities, or age-inappropriate sexual acts or materials) and abandonment; (b) a birth mother for prenatal exposure alcohol or drugs (drug-endangered child); or (c) anyone, for underage sexual images, or sexual exploitation involving child porn.  [See items below.]  NOTE: abusers outside this description may be committing a crime, reportable to police.

·        Person responsible for a child's health, safety, or welfare includes a: (a) parent; (b) legal guardian; (c) custodian; (d) foster parent; (e) person age 18 or older with whom the child’s parent cohabitates, or any other adult residing in the household; (f) an agent or employee of a public or private residential home, institution facility, or day treatment program; or (f) an owner, operator, or employee of a child care facility.  For reporting (near) death, the list includes (g) anyone who voluntarily accepted a duty to supervise or was directed or authorized to do it by the person responsible for the child’s health, safety or welfare.  [Stat. tit. 10A, §§ 1-1-105(v1)(52), (v2)(53); 1-6-105(5)]

For reports by Film & Photo Processors or Computer Technicians: Sexual conduct includes any of: (a) sexual intercourse either normal or perverted, actual or simulated; (b) deviate sexual conduct, e.g., oral or anal sodomy; (c) masturbation; (d) sadomasochistic abuse, e.g.: flagellating, torturing, fettering, binding, or otherwise restraining anyone who is nude, in undergarments, or in a revealing costume; (e) excretion in a sexual context; or (f) exhibiting human genitals or pubic areas.  [Stat. tit. 21, §§ 1021.4(A); 1024.1(B)(3)]

Child Abuse means that a person responsible for a child's health, safety, or welfare harms those (or the threat of it) by nonaccidental physical or mental injury, sexual abuse, or sexual exploitation, or another harm, but this does NOT include discipline using ordinary force, such as in spanking, switching, or paddling:  [Stat. tit. 10A, § 1-1-105(v1 or v2)(2)]

(A)     Harm or threatened harm is (a) non-accidental (b) real or threatened (c) physical, mental, or emotional injury or damage (d) to body or mind, (e) such as sexual abuse / exploitation, neglect, or dependency. [Stat. tit. 10A, § 1-1-105(v1 or v2)(2)(a)]

(B)     Injury is hurt, harm, physical pain, or mental anguish [Admin. Code. tit. 340, § 2-3-2]

(C)     Example #1: Heinous and shocking abuse includes, but is not limited to, aggravated physical abuse that results in serious bodily, mental, or emotional injury.  [Stat. tit. 10A, § 1-1-105(v1 or v2)(34)] 

(1)     SERIOUS BODILY INJURY involves: (a) a substantial risk of death, (b) physical extreme pain; (c) protracted disfigurement; (d) loss or impairment of function of a body member, organ, or mental faculty; (e) internal or external organ injury; (f) bone fracture; (g) sexual abuse or sexual exploitation; (h) chronic abuse, such as repeated or continuing physical, emotional, or sexual abuse, or sexual exploitation; (i) torture such as repeatedly inflicting, participating in, or assisting in infliction of intense physical or emotional pain to coerce or terrorize a child or satisfy the perpetrator’s or another person’s craven, cruel, or prurient desires; or (j) a similar aggravated circumstance.  [Stat. tit. 10A, § 1-1-105(v1)(34),(v2)(35)]

(D)    Sexual Abuse means that a person responsible for a child's health, safety, or welfare commits an act such as (but not limited to) rape, incest, or lewd or indecent acts or proposals to the child.  [Stat. tit. 10A, § 1-1-105(2)(b)]

(1)     CONTEXT: THE AGE OF CONSENT is 16. But a child age 14, 15, 16, or 17 can consent to others ag 14-17. Underage spouses have an exception. Consent requires absence of: force, violence, mental unsoundness, unconsciousness, intoxication, and deceit as to identity.  [Stat. tit. 21, §§ 1111(A)(1); 1112]

(2)     CONTEXT: INCEST is (opposite-sex) marriage, fornication, or adultery with a partner who is one’s: (a) ancestor or descendant of any degree; (b) stepparent or stepchild; (d) uncle, aunt, nephew, or niece except if the relationship is only by marriage; (e) brother or sister of half or whole blood; or (f) first cousin unless legally married in another state.  [Stat. tit. 21, § 21-885; tit. 43, § 43-2]

(3)     PROHIBITED SEX is: (a) with the child, by an employee or contractor of a government agency with authority or custody; (b) with a student age 16-19, by an employee of the same school system; (c) with a child in custody age 19 or less, by a foster parent (or applicant); or (d) with a child age 16 or 17 by a person responsible for him/her, e.g.: parent, legal guardian, custodian, foster parent, parent’s paramour age 18 or older, other adult household member, or agent or employee of a public or private residential home, facility, or day program; or child care facility owner, operator or employee.  [Stat. tit. 21, §§ 1111(A)(7)-(10)]

(E)     Sexual Exploitation means any act such as but not limited to:  [Stat. tit. 10A, § 1-1-105(v1 or v2)(2)(c);(v1 or v2)(71)]]

(1)     A person responsible for the child’s health, safety, or welfare allows, permits, encourages, or forces the child to engage in child prostitution; or

(2)     ANY adult or a person responsible for the child’s health, safety, or welfare allows, permits, encourages, or engages in lewd, obscene, or pornographic photographing, filming, or depicting of a child in those acts.

(3)     Trafficking in persons is implicit: (a) recruiting, harboring, transporting, providing, obtaining, patronizing, or soliciting a person (b) for the purpose of a commercial sex act, where in its severe forms (22 U.S.C. § 7102) the victim is under age 18 or where (c) force, fraud, or coercion is used to obtain involuntary servitude. 

Neglect is any of: [Stat. tit. 10A, § 1-1-105v1(1,21,23,35,48); v2(1,21,23,36,49)]

(A)     Failure or omission to provide any of:

(1)     ADEQUATE NURTURANCE AND AFFECTION, FOOD, clothing, shelter, sanitation, hygiene, or appropriate education;

(2)     MEDICAL, dental, or behavioral health care;

(a)      Caveat: (i) Good faith reliance on a recognized religion’s prayer as medical care is NOT neglect by a parent, legal guardian, or person with custody or control, BUT a court may intervene; (ii) futile care is NOT “necessary”.

(3)     SUPERVISION or appropriate caregivers; or

(4)     SPECIAL CARE MADE NECESSARY by the child’s physical or mental condition;

(B)     Failure or omission to protect a child from exposure to any of: (a) use, possession, sale, or manufacture of illegal DRUGS; (b) ILLEGAL activities; or (c) SEXUAL acts or materials that are not age-appropriate; or

(C)     Abandonment: a person responsible for the child: (1) shows WILLFUL intent by words, actions, or omissions not to return for him/her; (2) fails to maintain a significant parental relationship through visits or communication (incidental or token instances are not significant) or (3) fails to respond to a notice of deprived proceedings. 

Example #1: Heinous & shocking neglect includes: (a) CHRONIC neglect, including a caregiver’s persistent failure to meet or sustain basic needs, resulting in harm to the child; (b) neglect resulting in a child’s diagnosed FAILURE TO THRIVE; (c) parental (in)action resulting in a child’s or sibling’s: (NEAR) DEATH; serious physical or emotional HARM; SEXUAL abuse; sexual EXPLOITATION; or imminent RISK of serious harm; or (d) SIMILAR aggravating circumstances.

Example #2: A child is drug-endangered when (a) a person responsible for his/her health, safety, or welfare (b) uses, possesses, distributes, manufactures, or cultivates controlled substances, or tries, (c) causing physical, psychological, or sexual harm to the child. An example is a parent whose intoxication interferes with his/her nurturing ability.