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Oklahoma Legislature· SB 1322Second Reading referred to Health and Human Services

An act relating to child abuse or neglect, the official text

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1                   STATE OF OKLAHOMA

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2                  2nd Session of the 60th Legislature (2026)

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3 SENATE BILL 1322              By: Prieto
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7                   AS INTRODUCED

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8   An Act relating to child abuse or neglect; amending

8   10A O.S. 2021, Section 1-2-101, as amended by Section

9   344, Chapter 486, O.S.L. 2025 (10A O.S. Supp. 2025,

9   Section 1-2-101), which relates to statewide

10  centralized hotline for reporting child abuse or

10  neglect; prohibiting anonymous reports of suspected

11  child abuse or neglect; requiring retention of

11  recordings under certain circumstances; requiring

12  redaction of information under certain circumstances;

12  requiring request and storage of certain information;

13  requiring certain information be provided to certain

13  persons; and providing an effective date.

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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19  SECTION 1.      AMENDATORY  10A O.S. 2021, Section 1-2-101, as

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20 amended by Section 344, Chapter 486, O.S.L. 2025 (10A O.S. Supp.
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21 2025, Section 1-2-101), is amended to read as follows:
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22  Section 1-2-101. A. 1. The Department of Human Services shall

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23 establish a statewide centralized hotline for the reporting of
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    Req. No. 2536                                              Page 1
1 suspected child abuse or neglect to the Department. Anonymous
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2 reports of suspected child abuse shall not be accepted.
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3   2. The Department shall provide hotline-specific training

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4 including, but not limited to, interviewing skills, customer service
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5 skills, narrative writing, necessary computer systems, making case
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6 determinations, and identifying priority situations.
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7   3. The Department is authorized to contract with third parties

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8 in order to train hotline workers.
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9   4. The Department shall develop a system to track the number of

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10 calls received, and of that number:
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11  a. the number of calls screened out,

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12  b. the number of referrals assigned,

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13  c. the number of calls received by persons unwilling to

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14                 disclose basic personal information including, but not

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15                 limited to, first and last name, and

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16  d. the number of calls in which the allegations were

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17                 later found to be unsubstantiated or ruled out.

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18  5. The Department shall electronically record each referral

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19 received by the hotline and establish a secure means of retaining
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20 the recordings for twelve (12) months, unless the referral results
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21 in an investigation by the Department, in which case the recording
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22 shall be retained as part of the case file. The recordings shall be
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23 confidential and subject to disclosure only if a court orders the
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24 disclosure of the referral. The When making a disclosure, the
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    Req. No. 2536                                          Page 2
1 Department shall redact any information identifying the reporting
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2 party unless otherwise ordered by the court.
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3   6. Any person receiving reports of suspected child abuse or

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4 neglect pursuant to this section shall request and store, at a
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5 minimum:
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6           a. the specific facts that led to the reasonable

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7                  suspicion of child abuse or neglect and the source or

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8                  sources of such information, and

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9           b. the person's name, telephone number, and home address.

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10                 If the person making the referral refuses to provide

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11                 such information, the person receiving the report

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12                 shall inform the caller that an anonymous report

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13                 cannot be filed, but that a report of possible child

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14                 abuse or neglect where a child is at serious risk of

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15                 imminent harm may be made by calling an emergency

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16                 telephone number such as 9-1-1.

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

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18 the age of eighteen (18) years is a victim of abuse or neglect shall
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19 report the matter immediately to the Department of Human Services.
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20 Reports shall be made to the hotline provided for in subsection A of
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21 this section. Any allegation of abuse or neglect reported in any
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22 manner to a county office shall immediately be referred to the
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23 hotline by the Department. Provided, however, that in actions for
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    Req. No. 2536                                             Page 3
1 custody by abandonment, provided for in Section 2-117 of Title 30 of
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2 the Oklahoma Statutes, there shall be no reporting requirement.
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3   2. a. Every school employee having reason to believe that a

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

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5                  victim of abuse or neglect shall report the matter

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6                  immediately to the Department of Human Services and

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7                  local law enforcement. Reports to the Department

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8                  shall be made to the hotline provided for in

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9                  subsection A of this section. Any allegation of abuse

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10                 or neglect reported in any manner to a county office

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11                 shall immediately be referred to the hotline by the

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12                 Department. Provided, however, that in actions for

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13                 custody by abandonment, provided for in Section 2-117

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14                 of Title 30 of the Oklahoma Statutes, there shall be

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15                 no reporting requirement.

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16  b. Every school employee having reason to believe that a

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

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18                 of abuse or neglect shall report the matter

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19                 immediately to local law enforcement.

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

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21                 paragraph, local law enforcement shall keep

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22                 confidential and, when making a disclosure, shall

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23                 redact any information identifying the reporting

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24                 school employee unless otherwise ordered by the court.

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    Req. No. 2536                                                Page 4
1                  A school employee with knowledge of a report required

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2                  by subparagraph a or b of this paragraph shall not

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3                  disclose information identifying the reporting school

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4                  employee unless otherwise ordered by the court or as

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5                  part of an investigation by local law enforcement or

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6                  the Department.

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

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8 including doctors of medicine, licensed osteopathic physicians,
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9 residents and interns, or any other health care professional or
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10 midwife involved in the prenatal care of expectant mothers or the
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11 delivery or care of infants shall promptly report to the Department
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12 instances in which an infant tests positive for alcohol or a
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13 controlled dangerous substance. This shall include infants who are
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14 diagnosed with Neonatal Abstinence Syndrome or Fetal Alcohol
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15 Spectrum Disorder.
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16  4. No privilege or contract shall relieve any person from the

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17 requirement of reporting pursuant to this section.
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18  5. The reporting obligations under this section are individual,

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19 and no employer, supervisor, administrator, governing body or entity
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20 shall interfere with the reporting obligations of any employee or
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21 other person or in any manner discriminate or retaliate against the
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22 employee or other person who in good faith reports suspected child
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23 abuse or neglect, or who provides testimony in any proceeding
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24 involving child abuse or neglect. Any employer, supervisor,
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    Req. No. 2536                                      Page 5
1 administrator, governing body or entity who discharges,
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2 discriminates or retaliates against the employee or other person
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3 shall be liable for damages, costs and attorney fees. If a child
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4 who is the subject of the report or other child is harmed by the
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5 discharge, discrimination or retaliation described in this
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6 paragraph, the party harmed may file an action to recover damages,
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7 costs and attorney fees.
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8   6. Every physician, surgeon, other health care professional or

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9 midwife making a report of abuse or neglect as required by this
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10 subsection or examining a child to determine the likelihood of abuse
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11 or neglect and every hospital or related institution in which the
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12 child was examined or treated shall provide, upon request, copies of
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13 the results of the examination or copies of the examination on which
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14 the report was based and any other clinical notes, x-rays,
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15 photographs, and other previous or current records relevant to the
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16 case to law enforcement officers conducting a criminal investigation
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17 into the case and to employees of the Department of Human Services
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18 conducting an investigation of alleged abuse or neglect in the case.
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19  C. Any person who knowingly and willfully fails to promptly

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20 report suspected child abuse or neglect or who interferes with the
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21 prompt reporting of suspected child abuse or neglect may be reported
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22 to local law enforcement for criminal investigation and, upon
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23 conviction thereof, shall be guilty of a misdemeanor. Any person
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24 with prolonged knowledge of ongoing child abuse or neglect who
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    Req. No. 2536                                              Page 6
1 knowingly and willfully fails to promptly report such knowledge may
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2 be reported to local law enforcement for criminal investigation and,
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3 upon conviction thereof, shall be guilty of a Class D1 felony
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4 offense and shall be punished by imprisonment as provided for in
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5 subsections B through F of Section 20N of Title 21 of the Oklahoma
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6 Statutes. For the purposes of this paragraph, "prolonged knowledge"
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7 shall mean knowledge of at least six (6) months of child abuse or
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8 neglect.
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9   D. 1. Any person who knowingly and willfully makes a false

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10 report pursuant to the provisions of this section or a report that
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11 the person knows lacks factual foundation may be reported to local
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12 law enforcement for criminal investigation and, upon conviction
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13 thereof, shall be guilty of a misdemeanor.
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14  2. If a court determines that an accusation of child abuse or

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15 neglect made during a child custody proceeding is false and the
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16 person making the accusation knew it to be false at the time the
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17 accusation was made, the court may impose a fine, not to exceed Five
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18 Thousand Dollars ($5,000.00) and reasonable attorney fees incurred
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19 in recovering the sanctions, against the person making the
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20 accusation. The remedy provided by this paragraph is in addition to
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21 paragraph 1 of this subsection or to any other remedy provided by
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22 law.
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    Req. No. 2536                                              Page 7
1   E. Nothing contained in this section shall be construed to

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2 exempt or prohibit any person from reporting any suspected child
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3 abuse or neglect pursuant to subsection B of this section.
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4   SECTION 2. This act shall become effective November 1, 2026.

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6   60-2-2536      TEK  12/29/2025 2:52:22 PM

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    Req. No. 2536                                             Page 8
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