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1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 949 By: Rosino
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4
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5
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6 AS INTRODUCED
6
7 An Act relating to the Office of Client Advocacy;
7 amending 10A O.S. 2021, Section 1-6-103, which
8 relates to the Oklahoma Children's Code; authorizing
8 the Office to inspect certain records; amending 43A
9 O.S. 2021, Section 10-105, which relates to
9 protective services for vulnerable adults; defining
10 term; modifying and clarifying applicability of
10 provisions relating to investigations; directing the
11 Office to establish certain system; amending 56 O.S.
11 2021, Section 1025.3, which relates to the community
12 services worker registry; transferring certain duties
12 to the Office; requiring the Office to promptly
13 report investigative findings to the Department of
13 Human Services; updating statutory language; updating
14 statutory reference; and declaring an emergency.
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15
15
16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-6-103, is
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18 amended to read as follows:
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19 Section 1-6-103. A. Juvenile court records and Department of
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20 Human Services agency records pertaining to a child may be
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21 inspected, and their contents shall be disclosed, without a court
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22 order to the following persons upon showing of proper credentials
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23 and pursuant to their lawful duties:
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Req. No. 600 Page 1
1 1. The court having the child currently before it in any
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2 proceeding pursuant to this title, any district court or tribal
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3 court to which such proceedings may be transferred, employees and
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4 officers of the court in the performance of their duties, including
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5 but not limited to guardians ad litem appointed by the court, and
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6 court-appointed special advocates;
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7 2. A district attorney, United States Attorney, or Attorney
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8 General of this or another state and the employees of such offices
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9 in the course of their official duties pursuant to this title or the
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10 prosecution of crimes against children, or upon their request in
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11 their official capacity as advisor in a grand jury proceeding;
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12 3. The attorney representing a child who is the subject of a
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13 proceeding pursuant to the provisions of this title or other
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14 proceeding where child custody or visitation is at issue;
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15 4. Employees of juvenile bureaus in the course of their
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16 official duties pursuant to this title, and employees of the
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17 Department of Human Services in the course of their official duties;
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18 5. Employees of a law enforcement agency of this or another
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19 state or military enclave and employees of a child protective
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20 service of another state or military enclave in the course of their
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21 official duties pertaining to investigations of a report of known or
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22 suspected child abuse or neglect or crimes against children or for
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23 the purpose of determining whether to place a child in protective
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24 custody;
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1 6. The Oklahoma Commission on Children and Youth as provided by
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2 Sections 601.2 and 601.6 of Title 10 of the Oklahoma Statutes;
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3 7. The Office of Juvenile Affairs;
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4 8. A federally recognized Indian tribe in which the child who
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5 is the subject of the record is a member or is eligible to become a
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6 member of the tribe and is the biological child of a member of an
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7 Indian tribe pursuant to the provisions of the Federal Indian Child
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8 Welfare Act and the Oklahoma Indian Child Welfare Act; provided such
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9 Indian tribe, in the course of its official duties, is:
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10 a. investigating a report of known or suspected child
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11 abuse or neglect or crimes against children or for the
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12 purpose of determining whether to place a child in
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13 protective custody,
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14 b. providing services to or for the benefit of a child
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15 including, but not limited to, protective, emergency,
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16 social and medical services, or
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17 c. the tribe, the tribal court or the tribal child
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18 welfare program has asserted jurisdiction or
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19 intervened in any case in which the child is the
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20 subject of the proceedings or is a party to the
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21 proceedings pursuant to the authority provided in the
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22 Oklahoma Indian Child Welfare Act.
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1 The records that are to be provided to Indian tribes under this
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2 subsection shall include all case records, reports, and documents as
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3 defined in Section 1-6-101 of this title;
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4 9. The Governor or to any person the Governor designates, in
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5 writing;
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6 10. Any federal official of the United States Department of
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7 Health and Human Services;
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8 11. Any member of the Legislature approved in writing by the
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9 Speaker of the House of Representatives or the President Pro Tempore
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10 of the Senate;
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11 12. A foster parent, with regard to records concerning the
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12 social, medical, psychological, or educational needs of a child
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13 currently placed with that foster parent or of a child being
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14 considered for placement with that foster parent;
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15 13. An employee of any state or federal corrections or law
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16 enforcement agency in the performance of the official duties of the
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17 employee concerning presentence investigations or supervision of a
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18 parent of an alleged or adjudicated deprived child, or the legal
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19 guardian, custodian, or any other adult member of the child's home
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20 who is responsible for the health, safety, or welfare of the child;
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21 14. An employee of a state agency of this or another state in
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22 the performance of the official duties of the employee concerning
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23 the establishment of paternity or the establishment or enforcement
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24 of a child support order or other entitlement for the benefit of a
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1 child; provided, disclosure shall be limited to information directly
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2 related to the purpose of such disclosure;
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3 15. Any member of a city-county Health Department Fetal Infant
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4 Mortality Review (FIMR) in the performance of the official duties of
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5 the member concerning investigations of fetal and infant
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6 mortalities; provided, disclosure shall be limited to information
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7 directly related to the purpose of such disclosure;
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8 16. Any designated federal authorities at the federal military
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9 installation where a service member is assigned, when the child is a
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10 member of an active duty military family, as provided by paragraph 4
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11 of subsection A of Section 1-2-102 of this title; and
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12 17. Any member of the Child Welfare Review Committee for the
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13 Death and Near Death of Children With Disabilities as established by
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14 Section 1-10-103 of this title; and
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15 18. The Office of Client Advocacy within the State Department
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16 of Health.
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17 B. In addition to the persons listed in subsection A of this
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18 section, juvenile court records may be inspected, and their contents
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19 shall be disclosed, without a court order to the following persons
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20 upon showing of proper credentials and pursuant to their lawful
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21 duties:
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22 1. Employees of court-appointed special advocate programs, as
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23 defined in Section 1-1-105 of this title, in the course of their
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24 official duties pertaining to recruiting, screening, training,
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1 assigning cases, supervising, and supporting volunteers in their
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2 roles as guardian ad litem pursuant to Section 1-4-306 of this
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3 title;
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4 2. Members of postadjudication review boards established
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5 pursuant to the provisions of Section 1116.2 of Title 10 of the
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6 Oklahoma Statutes, the Child Death Review Board, and
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7 multidisciplinary personnel. In addition to juvenile court records,
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8 members of such postadjudication review boards may inspect, without
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9 a court order, information that includes, but is not limited to:
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10 a. psychological and medical records,
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11 b. placement history and information, including the names
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12 and addresses of foster parents,
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13 c. family assessments,
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14 d. treatment or service plans, and
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15 e. school records;
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16 3. The Department of Human Services or other public or private
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17 agency or individual having court-ordered custody or physical
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18 custody pursuant to Department placement of the child, or conducting
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19 a child abuse or neglect investigation of the child who is the
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20 subject of the record. In addition to juvenile court records,
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21 employees of the Department may inspect, without a court order and
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22 upon a showing of proper credentials and pursuant to their lawful
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23 duties, information that includes, but is not limited to:
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24 a. psychological and medical records, and
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1 b. nondirectory education records;
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2 4. The child who is the subject of the record and the parents,
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3 legal guardian, custodian, or foster parent of such child; and
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4 5. A person authorized by the court to conduct bona fide
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5 research, provided such research may not publish the names or
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6 identities of parents, children, or other persons contained in the
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7 records.
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8 C. In addition to the persons and entities named in subsection
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9 A of this section, Department of Human Services agency records may
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10 be inspected, and their contents shall be disclosed, without a court
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11 order to the following persons upon showing of proper credentials
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12 and pursuant to their lawful duties:
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13 1. Postadjudicatory review boards, court-appointed special
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14 advocates, and members of the Child Death Review Board;
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15 2. Any district court which has ordered a home study by the
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16 Department in an action for divorce, annulment, custody of a child,
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17 or appointment of a legal guardian of a child, or any subsequent
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18 proceeding in such actions; provided, however, the Department may
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19 limit disclosure in the home study to summaries or to information
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20 directly related to the purpose of the disclosure;
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21 3. Members of multidisciplinary teams or multidisciplinary
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22 personnel designated by the Department, investigating a report of
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23 known or suspected child abuse or neglect or providing services to a
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24 child or family which is the subject of the report;
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1 4. A physician who has before him or her a child whom the
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2 physician reasonably suspects may be abused or neglected or any
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3 health care or mental health professionals involved in the
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4 evaluation or treatment of the child or the parents, legal guardian,
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5 foster parent, custodian, or other family members of the child;
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6 5. Any public or private agency or person authorized by the
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7 Department to diagnose, or provide care, treatment, supervision, or
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8 other services to a child who is the subject of a report or record
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9 of child abuse or neglect; provided, the Department may limit such
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10 disclosure to summaries or to information directly necessary for the
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11 purpose of such disclosure;
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12 6. Any person or agency for research purposes, if all of the
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13 following conditions are met:
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14 a. the person or agency conducting the research is
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15 employed by the State of Oklahoma or is under contract
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16 with this state and is authorized by the Department to
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17 conduct the research, and
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18 b. the person or agency conducting the research ensures
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19 that all documents containing identifying information
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20 are maintained in secure locations and access to the
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21 documents by unauthorized persons is prohibited; that
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22 no identifying information is included in documents
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23 generated from the research conducted; and that all
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1 identifying information is deleted from documents used
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2 in the research when the research is completed;
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3 7. The Oklahoma Health Care Authority; and
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4 8. A medical examiner when such person is determining the cause
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5 of death of a child.
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6 D. In accordance with the rules promulgated for such purpose
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7 pursuant to Section 620.6 of Title 10 of the Oklahoma Statutes,
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8 records listed in subsection A of Section 1-6-102 of this title may
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9 be inspected and their contents disclosed without a court order to
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10 participating agencies.
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11 E. The court may disclose to an employee of an out-of-state
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12 entity, licensed to perform adoption home studies in that state,
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13 whether the prospective adoptive parent has had parental rights to a
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14 child terminated in Oklahoma or whether the prospective adoptive
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15 parent has relinquished parental rights to a child in Oklahoma.
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16 F. Nothing in this section shall be construed as prohibiting
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17 the Department from disclosing such confidential information as may
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18 be necessary to secure appropriate care, treatment, protection or
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19 supervision of a child alleged to be abused or neglected.
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20 SECTION 2. AMENDATORY 43A O.S. 2021, Section 10-105, is
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21 amended to read as follows:
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22 Section 10-105. A. As used in this section, "appropriate state
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23 entity" means:
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Req. No. 600 Page 9
1 1. The Office of Client Advocacy within the State Department of
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2 Health, if the allegation concerns a vulnerable adult who is:
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3 a. a certified member of the plaintiff class in Homeward
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4 Bound, Inc., et al. v. The Hissom Memorial Center, et
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5 al., Case Number 85-C-437-E, United States District
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6 Court for the Northern District of Oklahoma,
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7 b. a resident of the Robert M. Greer Center or successor
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8 facility, or
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9 c. receiving services from a community services provider,
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10 community services worker, Medicaid personal care
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11 services provider, or Medicaid personal care
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12 assistant, as those terms are defined in Section
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13 1025.1 of Title 56 of the Oklahoma Statutes;
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14 2. The Office of the State Long-Term Care Ombudsman within the
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15 Office of the Attorney General, if the allegation concerns a
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16 vulnerable adult who is a resident of a long-term care facility; or
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17 3. The Department of Human Services, if the allegation concerns
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18 a vulnerable adult who does not meet the description of either
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19 paragraph 1 or paragraph 2 of this subsection.
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20 B. Upon receiving a report of alleged abuse, neglect, or
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21 exploitation of a vulnerable adult pursuant to the provisions of the
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22 Protective Services for Vulnerable Adults Act, the Department of
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23 Human Services appropriate state entity shall make a prompt and
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24 thorough investigation. When feasible, law enforcement and the
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1 Department appropriate state entity shall conduct joint
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2 investigations in order to reduce potential trauma to the victim and
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3 to eliminate duplicative efforts.
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4 B. C. The investigation shall include:
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5 1. Notification of local law enforcement agency. Upon the
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6 request of a law enforcement agency, the Department appropriate
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7 state entity shall submit copies of any results or records of an
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8 examination on the vulnerable adult who is alleged to have been
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9 abused, neglected, or exploited and any other clinical notes, x-
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10 rays, photographs, or previous or current records relevant to the
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11 case;
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12 2. Any findings of abuse, neglect, or exploitation of a
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13 vulnerable adult shall also be sent to any state agency with
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14 concurrent jurisdiction over persons or issues identified in the
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15 investigation including, but not limited to, where appropriate, the
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16 State Department of Health, the Oklahoma Board of Nursing, or any
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17 other appropriate state licensure or certification board, agency, or
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18 registry;
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19 3. Every reasonable effort to locate and notify the caretaker,
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20 legal guardian and next of kin of the vulnerable adult who may be in
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21 need of protective services pursuant to Section 10-105.1 of this
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22 title;
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23 4. Diagnostic evaluation to determine whether the person needs
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24 protective services;
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1 5. Any photographs necessary to document injuries or conditions
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2 which have resulted or may result in an injury or serious harm to
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3 the person;
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4 6. A statement of the least restrictive services needed;
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5 7. Whether services are available from the Department of Human
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6 Services or in the community and how the services can be provided;
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7 8. Whether the person would be capable of obtaining services
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8 for self and could bear the cost or would be eligible for services
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9 from the Department of Human Services;
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10 9. Whether a caretaker or legal guardian would be willing to
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11 provide services or would agree to their provision;
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12 10. Whether the person desires the services;
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13 11. A statement of any follow-up investigation or monitoring of
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14 the services that may be needed; and
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15 12. Other relevant information.
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16 C. D. 1. a. Investigations conducted pursuant to this
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17 section shall include a visit to the home or other
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18 place of residence of the person who is the subject of
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19 the report, a private interview with such person and
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20 any other potential victims, and consultation with
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21 persons who have knowledge of or may be witnesses to
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22 the circumstances.
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23 b. Investigators shall be suitably trained in interview
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24 techniques and shall utilize such techniques in
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1 interviews with elderly and incapacitated adults and
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2 individuals with intellectual disabilities.
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3 Interviews shall be conducted at the appropriate
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4 developmental age level of the victim. A reasonable
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5 effort shall be made to conduct interviews of
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6 vulnerable adult victims with an intellectual
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7 disability or diminished capacity utilizing
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8 appropriate personnel and following protocols and
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9 procedures established for interviews with such
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10 persons, including the use of forensic interview
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11 techniques when appropriate.
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12 c. If, in the course of an investigation of this nature,
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13 the Department appropriate state entity is denied
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14 entrance to the home or other place of residence of a
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15 person believed to be a vulnerable adult in need of
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16 protective services, or is denied a private interview
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17 with the vulnerable adult, the Department appropriate
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18 state entity may petition the court for an order
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19 allowing entry to the premises or private access to
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20 the vulnerable adult. The court shall make a finding
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21 of probable cause of the vulnerability of the adult
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22 before issuing the order. If documentation, or access
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23 to records, or other information relating to such
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24 person as provided by this section is denied, the
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Req. No. 600 Page 13
1 Department appropriate state entity may petition the
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2 court for an order allowing entry or access.
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3 2. The petition shall state the name and address of the person
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4 who is the subject of the report and shall allege specific facts
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5 sufficient to show that the circumstances of the person are in need
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6 of investigation.
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7 3. If it is necessary to forcibly enter the premises, the
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8 representative of the Department appropriate state entity shall make
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9 the entry accompanied by a peace officer.
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10 4. The Department appropriate state entity shall make all
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11 reasonable attempts to interview the caretaker or other persons
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12 alleged to be involved in the abuse, neglect or exploitation in
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13 order to enhance service provision and to prevent additional
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14 incidents of abuse, neglect or exploitation.
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15 D. E. When a report is received pertaining to a vulnerable
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16 adult who has a legal guardian, a copy of the investigative report
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17 of the Department appropriate state entity shall be filed with the
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18 court to which the guardian is accountable.
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19 E. F. 1. In the case of a final investigative report
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20 pertaining to a vulnerable adult who is a resident of a nursing
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21 facility, residential care facility, assisted living facility or
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22 continuum of care facility and who is alleged to be a victim of
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23 abuse, verbal abuse, neglect, or exploitation by an employee of such
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24 facility, the Department Office of the State Long-Term Care
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1 Ombudsman shall forward to the State Department of Health a copy of
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2 the Department's Office's final investigative report.
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3 2. The Department of Human Services Office of the State Long-
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4 Term Care Ombudsman shall be deemed a party pursuant to the
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5 Administrative Procedures Act for the investigative reports filed by
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6 the Department Office with the State Department of Health regarding
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7 vulnerable adults who are residents of nursing facilities,
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8 residential care facilities, assisted living facilities or continuum
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9 of care facilities.
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10 a. Within thirty (30) days of receipt of the final
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11 investigative report submitted by the Department of
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12 Human Services Office of the State Long-Term Care
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13 Ombudsman pursuant to this section, the State
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14 Department of Health shall provide the Department of
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15 Human Services Office with a written summary of any
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16 action taken as a result of the complaint including,
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17 but not limited to, results of any inspections,
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18 enforcement actions or actions which may be taken by
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19 the State Department of Health.
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20 b. Whenever the Department of Human Services Office of
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21 the State Long-Term Care Ombudsman believes that the
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22 conditions giving rise to a complaint by the
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23 Department Office alleging a serious threat to the
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24 health, safety or welfare of a resident of a nursing
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1 facility, residential care facility, assisted living
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2 facility or continuum of care facility have not been
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3 adequately addressed, the Department of Human Services
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4 Office may request the State Department of Health to
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5 hold a hearing on the complaint as provided by Section
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6 309 of Title 75 of the Oklahoma Statutes.
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7 3. Nothing herein shall prevent the State Department of Health
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8 from conducting any type of investigation or taking any appropriate
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9 remedial or other action pursuant to the provisions of the Nursing
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10 Home Care Act, the Residential Care Act and the Continuum of Care
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11 and Assisted Living Act.
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12 F. G. When a report is received pertaining to a vulnerable
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13 adult residing in a facility other than the home of the vulnerable
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14 adult, where persons are employed to provide care and those
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15 employees have been named as persons responsible for the abuse,
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16 neglect or exploitation, the Department appropriate state entity
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17 shall forward its final findings, including, but not limited to, any
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18 administrative appeal findings to the owner or administrator of the
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19 facility to prevent further incidents.
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20 H. The Office of Client Advocacy shall establish a system for
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21 investigating allegations of misconduct by a person responsible for
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22 a vulnerable adult not rising to the level of abuse, neglect, or
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23 exploitation in cases where the Office is the appropriate state
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1 entity for the vulnerable adult as specified in subsection A of this
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2 section.
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3 SECTION 3. AMENDATORY 56 O.S. 2021, Section 1025.3, is
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4 amended to read as follows:
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5 Section 1025.3. A. The Director of the Department of Human
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6 Services shall promulgate rules to establish and maintain a
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7 community services worker registry. Such rules may include, but
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8 need not be limited to:
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9 1. A procedure for notation in such registry of a final
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10 Department of Human Services investigative finding by the Office of
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11 Client Advocacy within the State Department of Health or a finding
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12 by an Administrative Law Judge of maltreatment of an individual by a
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13 community services worker or a Medicaid personal care assistant;
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14 2. A procedure for notice and due process for a community
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15 services worker, or a Medicaid personal care assistant, or applicant
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16 before the entering of such person's name in the registry as having
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17 a final Department of Human Services Office of Client Advocacy
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18 investigative finding or Administrative Law Judge finding of
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19 maltreatment of an individual;
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20 3. Disclosure requirements for information in the registry; and
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21 4. Procedures for granting a waiver of the provisions of
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22 paragraph 1 of subsection F G of Section 1025.2 of this title by the
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23 Director of Human Services.
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1 B. The community services worker registry shall include, but
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2 not be limited to, the following information on each community
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3 services worker and each Medicaid personal care assistant:
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4 1. The individual's full name;
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5 2. Information necessary to identify each individual;
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6 3. The date the individual's name was placed in the registry;
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7 and
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8 4. Information on any final Department of Human Services Office
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9 of Client Advocacy investigative finding or Administrative Law Judge
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10 finding of maltreatment concerning the worker.
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11 C. The Office of Client Advocacy shall promptly report final
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12 investigative findings to the Department of Human Services for the
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13 purposes of the community services worker registry.
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14 D. A community services worker, a Medicaid personal care
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15 assistant, or applicant who is adversely affected by an
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16 Administrative Law Judge finding of maltreatment of an individual
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17 may seek judicial review pursuant to Article II of the
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18 Administrative Procedures Act. The finding of the Administrative
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19 Law Judge may be appealed to the district court of the county in
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20 which the community services worker, Medicaid personal care
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21 assistant, or applicant resides within thirty (30) days of the date
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22 of the decision. A copy of the petition shall be served by mail
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23 upon the general counsel of the Department of Human Services.
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1 D. E. An investigation conducted under Section 1025.1 et seq.
1
2 of this title shall include a process for notifying a community
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3 services provider of areas of concern and administrative
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4 information. An area of concern or administrative information shall
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5 not be considered final investigative findings, nor shall the area
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6 of concern or administrative information be included in a final
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7 investigative report of the Department of Human Services Office of
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8 Client Advocacy. The Department Office shall develop a procedure by
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9 which a community services provider may request an investigative
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10 status update within ten (10) calendar days of the initiation of an
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11 investigation conducted under Section 1025.1 et seq. of this title.
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12 SECTION 4. It being immediately necessary for the preservation
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13 of the public peace, health or safety, an emergency is hereby
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14 declared to exist, by reason whereof this act shall take effect and
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15 be in full force from and after its passage and approval.
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17 60-1-600 DC 1/19/2025 5:46:33 AM
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Req. No. 600 Page 19Every fact on this page links to its source, starting with the official bill record.