Okla. Stat. tit. 10, § 10-1150.2

- Meetings and discussions - Annual report.

A. There is hereby re-created until July 1, 2026, in accordance

with the Oklahoma Sunset Law, the Child Death Review Board within

the Oklahoma Commission on Children and Youth. The Board shall have

the power and duty to:

1. Conduct case reviews of deaths and near deaths of children

in this state;

2. Develop accurate statistical information and identification

of deaths of children due to abuse and neglect;

3. Improve the ability to provide protective services to the

surviving siblings of a child or children who die of abuse or

neglect and who may be living in a dangerous environment;

4. Improve policies, procedures and practices within the

agencies that serve children including the child protection system;

5. Enter into agreements with regional teams established by the

Board to carry out such duties and responsibilities as the Board

shall designate including assigned cases in the geographical area

for that regional team. The Commission, with the advice of the

Board, shall promulgate rules necessary for the implementation of

the provisions of this paragraph; and

6. Enter into agreements with other state, local, or private

entities as necessary to carry out the duties of the Board

including, but not limited to, conducting joint reviews with the

Domestic Violence Fatality Review Board on domestic violence cases

involving child death or child near-death incidents.

B. In carrying out its duties and responsibilities the Board

shall:

1. Establish criteria for cases involving the death or near

death of a child subject to specific, in-depth review by the Board.

As used in this section, the term "near death" means a child is in

Oklahoma Statutes - Title 10. Children Page 200

serious or critical condition, as certified by a physician, as a

result of abuse or neglect;

2. Conduct a specific case review of those cases where the

cause of death or near death is or may be related to abuse or

neglect of a child;

3. Establish and maintain statistical information related to

the deaths and near deaths of children including, but not limited

to, demographic and medical diagnostic information;

4. Establish procedures for obtaining initial information

regarding near deaths of children from the Department of Human

Services and law enforcement agencies;

5. Review the policies and procedures of the child protection

system and make specific recommendations to the entities comprising

the system as to actions necessary for improvement;

6. Review the extent to which the state child protection system

is coordinated with foster care and adoption programs and evaluate

whether the state is efficiently discharging its child protection

responsibilities under the federal Child Abuse Prevention and

Treatment Act State Plan;

7. As necessary and appropriate, for the protection of the

siblings of a child who dies and whose siblings are deemed to be

living in a dangerous environment, refer specific cases to the

Department of Human Services or the appropriate district attorney

for further investigation;

8. Request and obtain a copy of all records and reports

pertaining to a child whose case is under review including, but not

limited to:

a. the report of the medical examiner,

b. hospital records,

c. school records,

d. court records,

e. prosecutorial records,

f. local, state, and federal law enforcement records

including, but not limited to, the Oklahoma State

Bureau of Investigation (OSBI),

g. fire department records,

h. State Department of Health records including birth

certificate records,

i. medical and dental records,

j. Department of Mental Health and Substance Abuse

Services and other mental health records,

k. emergency medical service records,

l. files of the Department of Human Services, and

m. records in the possession of the Domestic Violence

Fatality Review Board when conducting a joint review

pursuant to paragraph 6 of subsection A of this
rth

certificate records,

i. medical and dental records,

j. Department of Mental Health and Substance Abuse

Services and other mental health records,

k. emergency medical service records,

l. files of the Department of Human Services, and

m. records in the possession of the Domestic Violence

Fatality Review Board when conducting a joint review

pursuant to paragraph 6 of subsection A of this

section.

Oklahoma Statutes - Title 10. Children Page 201

Confidential information provided to the Board shall be

maintained in a confidential manner as required by state and federal

law. Any person damaged by disclosure of such information by the

Board, its regional teams or their members, not authorized by law,

may maintain an action for damages, costs and attorney fees;

9. Maintain all confidential information, documents and records

in possession of the Board as confidential and not subject to

subpoena or discovery in any civil or criminal proceedings;

provided, however, information, documents and records otherwise

available from other sources shall not be exempt from subpoena or

discovery through those sources solely because such information,

documents and records were presented to or reviewed by the Board;

10. Conduct reviews of specific cases of deaths and near deaths

of children and request the preparation of additional information

and reports as determined to be necessary by the Board including,

but not limited to, clinical summaries from treating physicians,

chronologies of contact, and second-opinion autopsies;

11. Report, if recommended by a majority vote of the Board, to

the President Pro Tempore of the Senate and the Speaker of the House

of Representatives any gross neglect of duty by any state officer or

state employee, or any problem within the child protective services

system discovered by the Board while performing its duties;

12. Recommend, when appropriate, amendment of the cause or

manner of death listed on the death certificate; and

13. Subject to the approval of the Commission, exercise all

incidental powers necessary and proper for the implementation and

administration of the Child Death Review Board Act.

C. The review and discussion of individual cases of death or

near death of a child shall be conducted in executive session and in

compliance with the confidentiality requirements of Section 1-6-102

of Title 10A of the Oklahoma Statutes. All other business shall be

conducted in accordance with the provisions of the Oklahoma Open

Meeting Act. All discussions of individual cases and any writings

produced by or created for the Board and recommended by the Board,

as the result of a review of an individual case of the death or near

death of a child, shall be privileged and shall not be admissible in

evidence in any proceeding. The Board shall periodically conduct

meetings to discuss organization and business matters and any

actions or recommendations aimed at improvement of the child

protection system which shall be subject to the Oklahoma Open

Meeting Act. Part of any meeting of the Board may be specifically

designated as a business meeting of the Board subject to the

Oklahoma Open Meeting Act.

D. 1. The Board shall submit an annual statistical report on

the incidence and causes of death and near death of children in this

state for which the Board has completed its review during the past

calendar year, including its recommendations, to the Oklahoma

Oklahoma Statutes - Title 10. Children Page 202

Commission on Children and Youth on or before May 1 of each year.

The Board shall also prepare and make available to the public, on an

annual basis, a report containing a summary of the activities of the

Board relating to the review of deaths and near deaths of children,

the extent to which the state child protection system is coordinated

with foster care and adoption programs, and an evaluation of whether

the state is efficiently discharging its child protection
ard shall also prepare and make available to the public, on an

annual basis, a report containing a summary of the activities of the

Board relating to the review of deaths and near deaths of children,

the extent to which the state child protection system is coordinated

with foster care and adoption programs, and an evaluation of whether

the state is efficiently discharging its child protection

responsibilities. The report shall be completed no later than

December 31 of each year.

2. The Commission shall review the report of the Board and, as

appropriate, incorporate the findings and recommendations into the

State Plan for Services to Children and Youth.