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Oklahoma Legislature· HB 1581Remove Representative Lawson as principal House author and substitute with Representative Roe

An act relating to children, the official text

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1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1581                 By: Lawson

4

5

6                   AS INTRODUCED

7   An Act relating to children; amending 10A O.S. 2021,

    Sections 1-9-102, 1-9-103a, 1-9-103b, 1-9-104, 1-9-

8   104a, and 1-9-104b, which relates to the Oklahoma

    Children's Code; removing certain entity and

9   inserting new entity in its place; directing certain

    entity to work in partnership with certain council;

10  removing language that allows certain team to enter

    into certain agreement; directing certain teams and

11  centers to establish annual membership; directing

    certain teams and centers to remain in good standing;

12  directing Oklahoma Human Services to work in

    partnership with certain entity; modifying terms

13  relating to the Child Abuse Multidisciplinary Team

    Account; removing requirement to provide monthly

14  documentation; removing requirement to issue report;

    authorizing certain entity to administer certain

15  funds; authorizing certain entity to contract with

    providers; modifying who may promulgate rules;

16  creating the Oklahoma Multidisciplinary Team Council;

    providing for membership; providing requirements for

17  membership; providing duties of Council; repealing

    10A O.S. 2021, Sections 1-9-103a and 1-9-103b, which

18  relate to the Child Abuse Multidisciplinary Team

    Account Fund; repealing 63 O.S. 2021, Section 1-

19  227.9, which relates to the Child Abuse Training and

    Coordination Council; providing for codification; and

20  providing an effective date.

21

22

23 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

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    Req. No. 10967                                         Page 1
1   SECTION 1.      AMENDATORY  10A O.S. 2021, Section 1-9-102, is

2 amended to read as follows:

3   Section 1-9-102. A. 1. In coordination with the Oklahoma

4 Commission on Children and Youth, each Each district attorney shall

5 develop a child abuse multidisciplinary child abuse team in each

6 county of the district attorney or in a contiguous group of

7 counties.

8   2. The lead agency for the team shall be a certified child

9 advocacy center or another qualified agency chosen by the members of

10 the team district attorney with input and consent from the child

11 abuse multidisciplinary team members. The team shall review,

12 provide input, and intervene in reports involving child sexual abuse

13 or child physical abuse or neglect.

14  B. The child abuse multidisciplinary child abuse team members

15 shall include, but not be limited to:

16  1. Mental health professionals licensed pursuant to the laws of

17 this state or licensed professional counselors;

18  2. Police officers or other law enforcement agents with a role

19 in, or experience or training in child abuse and neglect

20 investigation;

21  3. Medical personnel with experience in child abuse and neglect

22 identification;

23  4. Child protective services workers within the Department of

24 Human Services;

    Req. No. 10967                                               Page 2
1   5. Multidisciplinary child abuse Child abuse multidisciplinary

2 team coordinators, or Child Advocacy Center personnel; and

3   6. The district attorney or assistant district attorney.

4   C. 1. To the extent that resources are available to each of

5 the various multidisciplinary child abuse teams throughout the

6 state, the The functions of the team shall include, but not be

7 limited to, the following specific functions:

8   a. whenever feasible, law enforcement and child welfare

9   staff shall conduct joint investigations in an effort

10  to effectively respond to child abuse reports into

11  reports of child sexual and physical abuse or neglect,

12  b. develop or adopt a written protocol for investigating

13  child sexual abuse and child physical abuse or neglect

14  cases and for interviewing child victims. The purpose

15  of the protocol shall be to ensure coordination and

16  cooperation between all agencies involved so as to

17  increase the efficiency in handling such cases and to

18  minimize the stress created for the allegedly abused

19  child by the legal and investigatory process. In

20  addition, each team shall develop confidentiality

21  statements and interagency agreements signed by member

22  agencies that specify the cooperative effort of the

23  member agencies to the team,

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    Req. No. 10967                                                Page 3
1   c. increase communication and collaboration among the

2   professionals responsible for the reporting,

3   investigation, prosecution and treatment of child

4   abuse and neglect cases,

5   d. eliminate duplicative efforts in the investigation and

6   the prosecution of child abuse and neglect cases,

7   e. identify gaps in service or all untapped resources

8   within the community to improve the delivery of

9   services to the victim and family develop or adopt a

10  written protocol for interviewing children involved in

11  investigation and the use of child advocacy centers

12  for forensic interviews,

13  d. develop or adopt confidentiality statements and

14  interagency agreements signed by member agencies that

15  specify the cooperative effort of the member agencies

16  to the team,

17  f. e. encourage the development of develop expertise

18  through training. Each team member and those

19  conducting child abuse investigations and interviews

20  of child abuse victims shall be trained in the

21  multidisciplinary team approach, conducting legally

22  sound and age-appropriate interviews, effective

23  investigation techniques and joint investigations as

24  provided through the State Department of Health, the

    Req. No. 10967                                        Page 4
1   Commission on Children and Youth a nationally

2   accredited association of Children's Advocacy Centers,

3   or other resources as approved by the Child Abuse

4   Multidisciplinary Team Council, and

5   g. f. formalize a adopt a standardized case review process

6   and provide data as requested to the Commission for

7   freestanding teams, and

8   h. standardize investigative procedures for the handling

9   of child abuse and neglect cases.

10  2. All investigations of child sexual abuse and child physical

11 abuse or neglect and interviews of child abuse or neglect victims

12 shall be carried out by appropriate personnel using the protocols

13 and procedures specified in this section.

14  3. If trained personnel are not available in a timely fashion

15 and, in the judgment of a law enforcement officer or the Department

16 of Human Services, there is reasonable cause to believe a delay in

17 investigation or interview of the child victim could place the child

18 in jeopardy of harm or threatened harm to a child's health or

19 welfare, the investigation may proceed without full participation of

20 all personnel. This authority applies only for as long as

21 reasonable danger to the child exists. A reasonable effort to find

22 and provide a trained investigator or interviewer shall be made.

23  4. Freestanding multidisciplinary child Child abuse

24 multidisciplinary teams shall be approved reviewed by the Commission

    Req. No. 10967                                                Page 5
1 an entity identified as a nationally accredited association of

2 Children's Advocacy Centers in partnership with the Child Abuse

3 Multidisciplinary Team Council. The Commission shall conduct an An

4 annual review of freestanding child abuse multidisciplinary teams

5 shall be conducted to ensure that the teams are functioning

6 effectively. Teams not meeting the minimal standards as promulgated

7 by the Commission the Child Abuse Multidisciplinary Team Council

8 shall be removed from the list of functioning teams in the state.

9   D. 1. A multidisciplinary child abuse team may enter into an

10 agreement with the Child Death Review Board within the Oklahoma

11 Commission on Children and Youth and, in accordance with rules

12 promulgated by the Oklahoma Commission on Children and Youth,

13 conduct case reviews of deaths and near deaths of children within

14 the geographical area of that multidisciplinary child abuse team.

15  2. Any child abuse multidisciplinary child abuse team reviewing

16 deaths and near deaths of children shall prepare and make available

17 to the public, on an annual basis, a report containing a summary of

18 the activities of the team relating to the review of the deaths and

19 near deaths of children and a summary of the extent to which the

20 state child protection system is coordinating with foster care and

21 adoption programs and whether the state is efficiently discharging

22 its child protection responsibilities. The report shall be

23 completed no later than December 31 of each year.

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    Req. No. 10967                                                 Page 6
1   E. Nothing in this section shall preclude the use of hospital

2 team reviews for client-specific purposes and multidisciplinary

3 teams, either of which were in existence prior to July 1, 1995;

4 provided, however, such teams shall not be subject to the provisions

5 of paragraph 1 of subsection A of this section.

6   F. 1. Child advocacy centers shall be classified, based on the

7 child population of a district attorney's district, as follows:

8   a. nonurban centers in districts with child populations

9   that are less than sixty thousand (60,000),

10  b. midlevel nonurban centers in districts with child

11  populations equal to or greater than sixty thousand

12  (60,000), but not including Oklahoma and Tulsa

13  Counties, and

14  c. urban centers in Oklahoma and Tulsa Counties.

15  2. The multidisciplinary child abuse team used by the child

16 advocacy center for its accreditation shall meet the criteria

17 required by a national association of child advocacy centers and, in

18 addition, the team shall:

19  a. choose a lead agency for the team,

20  b. intervene in reports involving child sexual abuse and

21  may intervene in child physical abuse or neglect,

22  c. promote the joint investigation of child abuse reports

23  between law enforcement and child welfare staff, and

24

    Req. No. 10967                                                 Page 7
1           d. formalize standardized investigative procedures for

2               the handling of child abuse and neglect cases national

3               accreditation status.

4   G. Multidisciplinary child abuse Child abuse multidisciplinary

5 teams and child advocacy centers shall have full access to any

6 service or treatment plan and any personal data known to the

7 Department which is directly related to the implementation of this

8 section.

9   H. Each member of the team shall be responsible for protecting

10 the confidentiality of the child and any information made available

11 to such person as a member of the team. The child abuse

12 multidisciplinary team and any information received by the team

13 shall be exempt from the requirements of Sections 301 through 314 of

14 Title 25 of the Oklahoma Statutes and Sections 24A.1 through 24A.31

15 of Title 51 of the Oklahoma Statutes.

16  I. All freestanding child abuse teams and child advocacy

17 centers shall establish annual membership with Children's Advocacy

18 Centers of Oklahoma, Inc., and remain members in good standing.

19  SECTION 2.         AMENDATORY  10A O.S. 2021, Section 1-9-104, is

20 amended to read as follows:

21  Section 1-9-104. A. The Department of Human Services shall

22 allocate monies available in the Child Abuse Multidisciplinary

23 Account (CAMA) to:

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    Req. No. 10967                                                  Page 8
1   1. The Child Abuse Multidisciplinary Team Account (CAMTA) Fund

2 created by Section 1-9-103a of this title. Monies made available to

3 the CAMTA shall be used for the purposes of funding one One

4 functioning freestanding child abuse multidisciplinary child abuse

5 team in each county of this state, utilizing the funding

6 distributions as provided in subsection B of this section;

7   2. One hospital team pursuant to subsection E of Section 1-9-

8 102 of this title; and

9   3. One child advocacy center, accredited by the National

10 Children's Alliance, per district attorney's district. A child

11 advocacy center shall:

12  a. be eligible for Child Abuse Multidisciplinary Account

13  (CAMA) funding upon accreditation by the National

14  Children's Alliance,

15  b. secure a third-year interim review to determine

16  whether the child advocacy center continues to meet

17  the National Children's Alliance standards in effect

18  at the time of its last accreditation. If a child

19  advocacy center fails the third-year review, the

20  center shall remain eligible for CAMA funding, but

21  shall have another review conducted in the fourth

22  year. If the child advocacy center fails the fourth-

23  year review, the center shall be ineligible to receive

24  CAMA funding until such time as the center receives

    Req. No. 10967                                                 Page 9
1   reaccreditation from the National Children's Alliance,

2   and

3   c. remain the center for the district attorney's district

4   as long as the center is accredited and eligibility is

5   maintained pursuant to the provisions of Section 1-9-

6   102 of this title. If a center does not remain

7   eligible pursuant to the provisions of Section 1-9-102

8   of this title, endorsement by the district attorney as

9   the child advocacy center for the district may be

10  sought by any entity beginning with the calendar year

11  after the center is determined to be ineligible. The

12  two centers in district number (4) and district number

13  (13) that were accredited as of May 17, 2005, shall

14  continue to receive funding at the nonurban level.

15  Should one of the exempted centers close or no longer

16  meet the criteria for a child advocacy center pursuant

17  to the provisions of Section 1-9-102 of this title,

18  the center shall not be allowed to reopen in that

19  district or to receive CAMA funds. The remaining

20  center shall become the sole child advocacy center for

21  the district attorney's district.

22  B. Funding distribution pursuant to the provisions of this

23 section shall be determined:

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    Req. No. 10967                                  Page 10
1   1. By multiplying the number of applicants in each category by

2 the corresponding weight as follows:

3   a. freestanding functioning child abuse multidisciplinary

4   child abuse team accredited by Children's Advocacy

5   Centers - 1,

6   b. hospital team - 1,

7   c. nonurban centers � 4,

8   d. mid-level nonurban centers � 6, and

9   e. urban centers � 24;

10  2. Adding together the weighted results for all categories;

11  3. Dividing the weighted result for each category by the sum of

12 the weighted results for all categories; and

13  4. Equally distributing funding to each applicant in the

14 corresponding category based on the amounts obtained by multiplying

15 the total available funding by the calculated percentages. The

16 total amount for all freestanding multidisciplinary teams as

17 determined by the formula provided in this subsection shall be

18 transferred to the Child Abuse Multidisciplinary Team Account

19 (CAMTA) (CAMA) Fund established by Section 1-9-103a 1-9-103 of this

20 title and contracts with each freestanding multidisciplinary team

21 shall be completed no later than January 1 of each year.

22 During state fiscal year 2019, the Oklahoma Commission on Children

23 and Youth may disburse to each freestanding multidisciplinary team

24 the remaining contracted amount of the freestanding

    Req. No. 10967                                                 Page 11
1 multidisciplinary team award. The freestanding multidisciplinary

2 team shall provide the Commission with monthly documentation of

3 expenses as well as activity data and continue providing such

4 documentation thereafter. Beginning January 1, 2020, and each year

5 thereafter, the Commission may Oklahoma Human Services in

6 partnership with a designated entity shall disburse the contracted

7 amount at the beginning of the calendar year to freestanding child

8 abuse multidisciplinary teams that are functioning effectively as

9 determined by the Commission Child Abuse Multidisciplinary Team

10 Council, pursuant to Section 1-9-102 of this title.

11  C. By January 31, 2003 2026, and by January 31 of each year

12 thereafter, the Department shall disburse monies from the Child

13 Abuse Multidisciplinary Account to a designated entity for

14 distribution to eligible child advocacy centers. A child advocacy

15 center shall be in compliance with the provisions of Section 1-9-102

16 of this title to be eligible for Child Abuse Multidisciplinary

17 Account funding. The disbursement shall be a single, annual

18 disbursement, for the collection period of the preceding year

19 beginning October 1 through September 30.

20  D. A report issued by the Oklahoma Commission on Children and

21 Youth to the Oklahoma Legislature outlining performance measures for

22 all multidisciplinary teams, including those associated with child

23 advocacy centers, and recommendations on the funding formula

24 provided for in this section shall be transmitted to the Oklahoma

    Req. No. 10967                                                 Page 12
1 Legislature no later than December 31, 2017. The Department, the

2 Commission, and the Children's Advocacy Centers of Oklahoma, Inc.,

3 shall meet annually to review and certify the amount of CAMA and

4 CAMTA funds to be disbursed.

5   E. A child advocacy center may carry over funding for a period

6 of one (1) year after allocation, such one-year period to begin in

7 January and end in December of the same year; provided, however,

8 funds not used within twenty-four (24) months of the original

9 allocation will be deducted from the contract amount for the next

10 contract year. If a center is ineligible for funding in an upcoming

11 year, unused funds from the current or previous years shall be

12 returned to the CAMA Fund for use in subsequent years. Funds not

13 used by a freestanding child abuse multidisciplinary team by the end

14 of the contract period shall revert to, and be deposited in, the

15 CAMA Fund.

16  F. E. The Commission is hereby authorized to receive five

17 percent (5.0%) in administrative costs from the CAMTA Fund. The

18 Department of Human Services is hereby authorized to receive one-

19 half of one percent (0.5%) in administrative costs from the CAMA

20 fund. In partnership with the Department, an eligible entity

21 identified as a nationally accredited association of Children's

22 Advocacy Centers is hereby authorized to administer the CAMA fund.

23  SECTION 3.      AMENDATORY     10A O.S. 2021, Section 1-9-104a,

24 is amended to read as follows:

    Req. No. 10967                                                 Page 13
1   Section 1-9-104a. The Oklahoma Commission on Children and Youth

2 shall Department is hereby authorized to contract with a qualifying

3 entity to administer CAMA funds and an entity identified as the

4 nationally accredited association of Children's Advocacy Centers is

5 authorized to contract with eligible providers as authorized by this

6 act.

7   SECTION 4.         AMENDATORY     10A O.S. 2021, Section 1-9-104b,

8 is amended to read as follows:

9   Section 1-9-104b. The Oklahoma Commission on Children and Youth

10 and the Department of Human Services Child Abuse Multidisciplinary

11 Team Council shall promulgate rules to implement the provisions of

12 this act.

13  SECTION 5.         NEW LAW     A new section of law to be codified

14 in the Oklahoma Statutes as Section 1-9-102a of Title 10A, unless

15 there is created a duplication in numbering, reads as follows:

16  A. There is hereby created the Child Abuse Multidisciplinary

17 Team Council.

18  B. The Oklahoma District Attorneys Council shall appoint the

19 Child Abuse Multidisciplinary Team Council which shall be composed

20 of eight (8) members, as follows:

21  1. One member shall be a representative of Oklahoma Human

22 Services;

23  2. One member shall be a representative of the District

24 Attorneys Council;

    Req. No. 10967                                                 Page 14
1   3. One member shall be a representative of the Council on Law

2 Enforcement Education and Training (CLEET);

3   4. One member shall be a representative of a nationally

4 accredited association of Children's Advocacy Centers;

5   5. One member shall be a representative of a statewide medical

6 association and shall be a member of a state chapter of a national

7 academy of pediatrics;

8   6. One member shall be a representative of an Indian child

9 welfare association;

10  7. One member shall be a representative of an advisory task

11 force on child abuse and neglect; and

12  8. One member shall be a representative of the Oklahoma

13 Commission on Children and Youth.

14  C. Each member of the Child Abuse Multidisciplinary Team

15 Council is authorized to have one designee.

16  D. The appointed members shall be persons having expertise in

17 multidisciplinary team joint investigation and the dynamics,

18 identification, and treatment of child abuse and neglect and child

19 sexual abuse.

20  E. The Child Abuse Multidisciplinary Team Council shall:

21  1. Establish objective criteria and guidelines for

22 multidisciplinary investigations and, as appropriate for each

23 discipline, discipline-specific training on child abuse and neglect

24

    Req. No. 10967                                                Page 15
1 for professionals with responsibilities affecting children, youth,

2 and families;

3   2. Review curricula and make recommendations to state agencies,

4 professional organizations, and associations regarding available

5 curricula and curricula having high standards of professional merit;

6   3. Review curricula regarding child abuse and neglect used in

7 law enforcement officer training by CLEET and make recommendations

8 regarding the curricula to CLEET;

9   4. Cooperate with and assist professional organizations and

10 associations in the development and implementation of ongoing

11 training programs and strategies to encourage professionals to

12 participate in such training programs;

13  5. Make reports and recommendations regarding the continued

14 development and improvement of multidisciplinary team joint

15 investigations to the Oklahoma legislature;

16  6. Prepare and issue a model protocol for multidisciplinary

17 teams regarding the investigation and prosecution of child sexual

18 abuse, child physical abuse, and neglect cases;

19  7. Review and approve protocols prepared by the local

20 multidisciplinary teams;

21  8. Advise multidisciplinary teams on team development;

22  9. Determine data collection protocol and collect data on the

23 operation and cases reviewed by the multidisciplinary teams;

24

    Req. No. 10967                                                 Page 16
1   10. Collect data from the Oklahoma Commission on Children and

2 Youth Child Death Review Board and Post Adjudication Review Board;

3   11. Issue annual reports; and

4   12. Annually approve the list of functioning multidisciplinary

5 teams in the state.

6   SECTION 6.      REPEALER  10A O.S. 2021, Sections 1-9-103a and

7 1-9-103b and 63 O.S. 2021, Section 1-227.9, are hereby repealed.

8   SECTION 7. This act shall become effective November 1, 2025.

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10  60-1-10967      CMA  01/13/25

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    Req. No. 10967                 Page 17
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