Okla. Stat. tit. 10A, § 10A-1-2-101v1

reporting child abuse or neglect – Hotline requirements – Reporting

abuse or neglect – Retaliation by employer - Violations.

A. 1. The Department of Human Services shall establish a

statewide centralized hotline for the reporting of child abuse or

neglect to the Department.

2. The Department shall provide hotline-specific training

including, but not limited to, interviewing skills, customer service

skills, narrative writing, necessary computer systems, making case

determinations, and identifying priority situations.

3. The Department is authorized to contract with third parties

in order to train hotline workers.

4. The Department shall develop a system to track the number of

calls received, and of that number:

a. the number of calls screened out,

b. the number of referrals assigned,

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c. the number of calls received by persons unwilling to

disclose basic personal information including, but not

limited to, first and last name, and

d. the number of calls in which the allegations were

later found to be unsubstantiated or ruled out.

5. The Department shall electronically record each referral

received by the hotline and establish a secure means of retaining

the recordings for twelve (12) months. The recordings shall be

confidential and subject to disclosure only if a court orders the

disclosure of the referral. The Department shall redact any

information identifying the reporting party unless otherwise ordered

by the court.

6. Each referral received by the hotline alleging abuse or

neglect wherein the alleged perpetrator is someone other than a

person responsible for the child’s health, safety, or welfare shall

be immediately reported to the appropriate local law enforcement

agency, in writing, for the purpose of conducting a possible

criminal investigation. The hotline supervisor shall ensure that a

report has been made upon receipt of a referral prior to the

referral being screened out. The Department shall maintain a record

of its transmission of each report to law enforcement.

B. 1. Every person having reason to believe that a child under

the age of eighteen (18) years is a victim of abuse or neglect shall

report the matter immediately to the Department of Human Services.

Reports shall be made to the hotline provided for in subsection A of

this section. Any allegation of abuse or neglect reported in any

manner to a county office shall immediately be referred to the

hotline by the Department. Provided, however, that in actions for

custody by abandonment, provided for in Section 2-117 of Title 30 of

the Oklahoma Statutes, there shall be no reporting requirement.

2. a. Every school employee having reason to believe that a

student under the age of eighteen (18) years is a

victim of abuse or neglect shall report the matter

immediately to the Department of Human Services and

local law enforcement. Reports to the Department

shall be made to the hotline provided for in

subsection A of this section. Any allegation of abuse

or neglect reported in any manner to a county office

shall immediately be referred to the hotline by the

Department. Provided, however, that in actions for

custody by abandonment, provided for in Section 2-117

of Title 30 of the Oklahoma Statutes, there shall be

no reporting requirement.

b. Every school employee having reason to believe that a

student age eighteen (18) years or older is a victim

of abuse or neglect shall report the matter

immediately to local law enforcement.

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c. In reports required by subparagraph a or b of this

paragraph, local law enforcement shall keep

confidential and redact any information identifying

the reporting school employee unless otherwise ordered

by the court. A school employee with knowledge of a

report required by subparagraph a or b of this
local law enforcement.

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c. In reports required by subparagraph a or b of this

paragraph, local law enforcement shall keep

confidential and redact any information identifying

the reporting school employee unless otherwise ordered

by the court. A school employee with knowledge of a

report required by subparagraph a or b of this

paragraph shall not disclose information identifying

the reporting school employee unless otherwise ordered

by the court or as part of an investigation by local

law enforcement or the Department.

3. Every physician, surgeon, or other health care professional

including doctors of medicine, licensed osteopathic physicians,

residents and interns, or any other health care professional or

midwife involved in the prenatal care of expectant mothers or the

delivery or care of infants shall promptly report to the Department

instances in which an infant tests positive for alcohol or a

controlled dangerous substance. This shall include infants who are

diagnosed with Neonatal Abstinence Syndrome or Fetal Alcohol

Spectrum Disorder.

4. No privilege or contract shall relieve any person from the

requirement of reporting pursuant to this section.

5. The reporting obligations under this section are individual,

and no employer, supervisor, administrator, governing body or entity

shall interfere with the reporting obligations of any employee or

other person or in any manner discriminate or retaliate against the

employee or other person who in good faith reports suspected child

abuse or neglect, or who provides testimony in any proceeding

involving child abuse or neglect. Any employer, supervisor,

administrator, governing body or entity who discharges,

discriminates or retaliates against the employee or other person

shall be liable for damages, costs and attorney fees. If a child

who is the subject of the report or other child is harmed by the

discharge, discrimination or retaliation described in this

paragraph, the party harmed may file an action to recover damages,

costs and attorney fees.

6. Every physician, surgeon, other health care professional or

midwife making a report of abuse or neglect as required by this

subsection or examining a child to determine the likelihood of abuse

or neglect and every hospital or related institution in which the

child was examined or treated shall provide, upon request, copies of

the results of the examination or copies of the examination on which

the report was based and any other clinical notes, X-rays,

photographs, and other previous or current records relevant to the

case to law enforcement officers conducting a criminal investigation

into the case and to employees of the Department of Human Services

conducting an investigation of alleged abuse or neglect in the case.

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C. Any person who knowingly and willfully fails to promptly

report suspected child abuse or neglect or who interferes with the

prompt reporting of suspected child abuse or neglect may be reported

to local law enforcement for criminal investigation and, upon

conviction thereof, shall be guilty of a misdemeanor. Any person

with prolonged knowledge of ongoing child abuse or neglect who

knowingly and willfully fails to promptly report such knowledge may

be reported to local law enforcement for criminal investigation and,

upon conviction thereof, shall be guilty of a felony. For the

purposes of this paragraph, "prolonged knowledge" shall mean

knowledge of at least six (6) months of child abuse or neglect.

D. 1. Any person who knowingly and willfully makes a false

report pursuant to the provisions of this section or a report that

the person knows lacks factual foundation may be reported to local

law enforcement for criminal investigation and, upon conviction

thereof, shall be guilty of a misdemeanor.
rolonged knowledge" shall mean

knowledge of at least six (6) months of child abuse or neglect.

D. 1. Any person who knowingly and willfully makes a false

report pursuant to the provisions of this section or a report that

the person knows lacks factual foundation may be reported to local

law enforcement for criminal investigation and, upon conviction

thereof, shall be guilty of a misdemeanor.

2. If a court determines that an accusation of child abuse or

neglect made during a child custody proceeding is false and the

person making the accusation knew it to be false at the time the

accusation was made, the court may impose a fine, not to exceed Five

Thousand Dollars ($5,000.00) and reasonable attorney fees incurred

in recovering the sanctions, against the person making the

accusation. The remedy provided by this paragraph is in addition to

paragraph 1 of this subsection or to any other remedy provided by

law.

E. Nothing contained in this section shall be construed to

exempt or prohibit any person from reporting any suspected child

abuse or neglect pursuant to subsection B of this section.