Read the full stored bill text
Req. No. 10853 Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1971 By: Williams
AS INTRODUCED
An Act relating to children; enacting the
Accountability, Transparency, and Protection for
Exploited Youth Act; requiring certain individuals to
report any form of sexual misconduct or exploitation;
directing who the incident must be reported to;
providing for penalties for failure to report;
directing the Office of Juvenile Affairs to establish
an Independent Oversight Committee; providing
responsibilities for the Committee; directing that
investigations be forwarded to certain individuals
and agencies; providing that employees shall be
subject to civil liability under certain
circumstances; providing that the Office and private
contractors shall be liable for damages under certain
circumstances; providing what constitutes negligence;
providing for civil penalties; requiring the Office
to provide annual training; directing Committee to
submit annual report; providing what must be included
in annual report; providing exception under Oklahoma
Open Records Act; permitting disclosure of certain
records under certain circumstances; authorizing
certain individuals to access certain records;
limiting disclosure of documents; directing certain
individuals to comply with confidentiality
obligations; authorizing access to certain records
without court order; permitting a party to request
judicial review; providing that disclosed information
shall not be open for general public inspection;
amending 10A O.S. 2021, Section 2-6-102, which
relates to confidential juvenile records; providing
exception; providing for codification; and providing
an effective date.
Req. No. 10853 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-11-101 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Accountability,
Transparency, and Protection for Exploited Youth Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-11-102 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
A. Any employee, contractor, volunteer, or third party working
in or around a state-run juvenile facility, private contractor, or
group home under the supervision of the Office of Juvenile Affairs
or any County facility which detains juveniles, who becomes aware
of, witnesses, or suspects any form of sexual misconduct or
exploitation between staff, volunteers or contractors and juveniles,
shall be required to immediately report the incident to both:
1. The facility supervisor; and
2. The Office of Juvenile Affairs' Independent Oversight
Committee, established under this act, for independent
investigation.
B. Any individual who fails to report such incidents shall be
liable for criminal prosecution, facing penalties of up to two (2)
Req. No. 10853 Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
years imprisonment and a fine of up to Five Thousand Dollars
($5,000.00).
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-11-103 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
A. The Office of Juvenile Affairs shall establish an
Independent Oversight Committee ("Committee") responsible for
investigating all reports of sexual misconduct, coercive
relationships, and exploitation in county, state, or contracted
juvenile facilities.
B. Investigations shall be conducted separately from any
internal reviews performed by the facility or its administrative
body to ensure impartiality.
C. The Committee shall have the authority to subpoena
witnesses, gather evidence, and work in collaboration with law
enforcement agencies to investigate criminal charges where
warranted.
D. Investigations shall be forwarded to the District Attorney
in the district where the abuse took place. Should the District
Attorney decline to file charges, they shall notify the Committee,
the juvenile-victim's family, and the Oklahoma State Senate member
and the Oklahoma House of Representatives member for that district
in writing.
Req. No. 10853 Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-11-104 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
A. Any employee, officer, contractor, or volunteer who
knowingly fails to report incidents of sexual misconduct or coercive
behavior shall be subject to civil liability exempt from the
Governmental Tort Claims Act, including but not limited to damages
for physical, emotional, and psychological harm caused to the
juvenile.
B. The Office of Juvenile Affairs ("Office") and any contracted
entity or group home operating under the Office's supervision shall
be liable for damages if a court of proper jurisdiction finds that
they were negligent in preventing, investigating, or responding to
reports of sexual misconduct. Liability under this section is
exempt from the Governmental Tort Claims Act.
C. Negligence shall include failure to properly train employees
on mandatory reporting, failure to respond to previous reports,
failure to terminate employees who abuse juveniles, or failure to
take action to safeguard juveniles from known risks.
D. Juvenile-victims, their legal guardians, or next friends may
file civil suits seeking damages under this section.
Civil fines of up to $50,000 per juvenile-victim may be levied
against the OJA, county facilities where juveniles are detained, or
contracting entities found to have acted negligently.
Req. No. 10853 Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-11-105 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
A. The Office of Juvenile Affairs shall be required to provide
annual training for all employees, contractors, and volunteers on
the prevention, identification, and reporting of sexual misconduct
and coercive relationships between staff and juveniles. This
training shall also be given to county facilities where juveniles
are detained.
B. The Independent Oversight Committee shall submit an annual
report to the Oklahoma Legislature, outlining the number of
investigations, findings, and any corrective actions taken.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 24A.35 of Title 51, unless there
is created a duplication in numbering, reads as follows:
A. Notwithstanding other provisions of Title 10A regarding the
confidentiality of juvenile records or any provisions under the
Oklahoma Open Records Act, an exception is hereby created allowing
the disclosure of relevant files and records from the Office of
Juvenile Affairs ("Office") when a minor who is or was in the
Office's custody or in the custody of a county detention facility is
the victim of sexual violence. Access to such records shall be
given to the following parties:
Req. No. 10853 Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Law enforcement officers conducting investigations into
allegations of sexual violence;
2. The legal guardians or parents of the minor victim;
3. Attorneys representing the minor in civil or criminal
proceedings;
4. Court-appointed advocates representing the minor in juvenile
or child welfare proceedings; and
5. Officers of the court who are conducting investigations to
assist the minor.
B. Disclosure shall be limited to documents directly related to
the incident of sexual violence. Personal and identifying
information of other juveniles unrelated to the case shall be
redacted to maintain the confidentiality of individuals not involved
in the incident.
C. Parties receiving the disclosed records under this section
shall be required to comply with existing confidentiality
obligations and shall not further disseminate the information,
except as necessary for legal proceedings or official
investigations.
D. While access is granted without the need for a court order,
in cases where there is a dispute over the appropriateness of
disclosing certain records, either party may request a judicial
review to determine whether further restrictions or redactions
should apply.
Req. No. 10853 Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
D. Information disclosed under this section shall not be
considered open for general public inspection and is exempt from
disclosure to the general public, maintaining the integrity of
juvenile confidentiality laws under the Oklahoma Open Records Act
and Title 10A of the Oklahoma Juvenile Code.
SECTION 7. AMENDATORY 10A O.S. 2021, Section 2-6-102, is
amended to read as follows:
Section 2-6-102. A. Except as provided by this section or as
otherwise specifically provided by state or federal laws, the
following juvenile records are confidential and shall not be open to
the general public, inspected, or their contents disclosed:
1. Juvenile court records;
2. Agency records;
3. District attorney's records;
4. Law enforcement records;
5. Nondirectory education records; and
6. Social records.
B. The confidentiality limitation of subsection A of this
section shall not apply to statistical information or information of
a general nature obtained pursuant to the provisions of the Oklahoma
Juvenile Code.
C. The confidentiality requirements of subsection A of this
section for juvenile court records and law enforcement records shall
not apply:
Req. No. 10853 Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Upon the charging or certification of a juvenile as an adult
or youthful offender;
2. Upon the charging of an individual pursuant to Section 2-5-
101 of this title;
3. To a violation of any traffic regulation or motor vehicle
regulation of Title 47 of the Oklahoma Statutes, or to a violation
of any city ordinance or county resolution which relates to the
regulation of traffic on the roads, highways or streets, or to the
operation of self-propelled or nonself-propelled vehicles of any
kind in this state;
4. To a juvenile who is fourteen (14) years of age or older and
who has been adjudicated delinquent and who subsequently comes
before the juvenile court on a new delinquency matter after July 1,
1995;
5. To a juvenile adjudicated a delinquent for committing a
delinquent act which, if committed by an adult, would be a felony
offense that is a crime against the person or a felony offense
involving a dangerous weapon;
6. To arrest records of a juvenile arrested for committing an
act, which if committed by an adult, would be a felony offense;
7. To a violation of the Prevention of Youth Access to Tobacco
Act; or
8. Whenever a juvenile is accepted for placement or treatment
in a facility or private treatment facility within this state as a
Req. No. 10853 Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
result of or following a conviction or adjudication for an out-of-
state offense that would qualify the juvenile as a youthful
offender, as defined in Section 2-5-202 of this title, had the crime
occurred within this state. The facility shall provide any law
enforcement agency or peace officer all prior criminal offense,
conviction, and adjudication information. If a juvenile flees or is
otherwise absent from the facility without permission, the facility
shall provide any law enforcement agency or peace officer all prior
criminal offense, conviction, and adjudication information. Any law
enforcement agency or peace officer shall have the authority to
review or copy any records concerning the juvenile, including prior
criminal offense, conviction, or adjudication information; or
9. a. Whenever files and records exist in cases involving
allegations or findings of physical or sexual violence
against a minor in custody. The following parties
shall be granted access to relevant files:
(1) Law enforcement officers investigating the
incident,
(2) The minor's legal guardians or parents,
(3) Attorneys representing the minor in civil or
criminal proceedings,
(4) Court-appointed advocates in connection with
proceedings relating to the minor's welfare, and
Req. No. 10853 Page 10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(5) Officers of the court who are conducting
investigations to assist the minor.
b. Access under this exception shall be limited to files
and records directly related to the incident of sexual
violence. Sensitive information, including identifying
details of unrelated juveniles and personal details
not pertinent to the case, shall be redacted to
protect the privacy of other individuals in custody.
c. All parties who are granted access under this
provision shall be bound by confidentiality
requirements and shall not further disclose the
records except as necessary for legal proceedings or
investigation.
d. A court may further restrict or expand access to OJA
records as necessary to balance the need for
investigation and justice with the protection of
sensitive information.
D. Following the first adjudication as a delinquent, the court
having jurisdiction shall note on the juvenile court record of the
person that any subsequent juvenile court records shall not be
confidential; provided, the child is at least fourteen (14) years of
age or older. Any juvenile court record which becomes an open
juvenile record as provided in this subsection may be expunged as
provided in Section 2-6-109 of this title.
Req. No. 10853 Page 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
The provisions of this subsection shall only apply to the
juvenile court records and law enforcement records of juvenile
offenders certified, charged or adjudicated on and after July 1,
1995.
E. When a delinquent child has escaped or run away from a
secure facility or other institutional placement for delinquents,
the name and description of the child may be released to the public
by the agency having custody of the child as necessary and
appropriate for the protection of the public and the apprehension of
the delinquent child whether or not the juvenile record is
confidential or open.
F. Except as otherwise required by state or federal law, the
confidential records listed in subsection A of this section may only
be inspected, released, disclosed, corrected or expunged pursuant to
an order of the court. Except as otherwise provided in Section
601.6 of Title 10 of the Oklahoma Statutes or any provision of this
chapter, no subpoena or subpoena duces tecum purporting to compel
disclosure of confidential information or any confidential juvenile
record shall be valid.
G. An order of the court authorizing the inspection, release,
disclosure, correction or expungement of confidential records shall
be entered by the court only after a review of the records by the
court and a determination by the court, with due regard for the
confidentiality of the records and the privacy of persons identified
Req. No. 10853 Page 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
in the records, that a compelling reason exists and such inspection,
release or disclosure is necessary for the protection of a
legitimate public or private interest.
Except for district attorney records, any court order
authorizing the disclosure, release or inspection of a confidential
juvenile record may be conditioned on such terms and restrictions as
the court deems necessary and appropriate.
H. Upon receiving a written request for inspection, release,
disclosure, or correction of a juvenile record, the court shall
determine whether the record of a juvenile falls under one of the
exceptions listed in subsection C of this section. If the record
falls under one of the exceptions in subsection C of this section,
the court shall issue an order authorizing inspection, release,
disclosure or correction of the juvenile record. If the release of
a juvenile record is authorized by the court, the Office of Juvenile
Affairs shall provide information to the requestor regarding the
location of the juvenile record to be released.
I. Any agency or person may seek an order from the juvenile
court prohibiting the release of confidential information subject to
disclosure without an order of the court pursuant to Section 620.6
of Title 10 of the Oklahoma Statutes or any provision of this
chapter. The court may, for good cause shown, prohibit the release
of such information or authorize release of the information upon
such conditions as the court deems necessary and appropriate.
Req. No. 10853 Page 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
J. In accordance with the provisions of the Juvenile Offender
Tracking Program and Section 620.6 of Title 10 of the Oklahoma
Statutes:
1. Information included in the records listed in subsection A
of this section may be entered in and maintained in the Juvenile
Justice Information System and other automated information systems
related to services to children and youth whether or not the record
is confidential or open; and
2. The information systems may be accessed by participating
agencies as defined by this chapter or as otherwise provided by law.
K. The court may authorize a designated person to review
juvenile court confidential reports and records and collect
statistical information and other abstract information for research
purposes. Such authorization shall be in writing and shall state
specifically the type of information which may be reviewed and
reported.
Each person granted permission to inspect confidential reports
and records for research purposes shall present a notarized
statement to the court stating that the names of juveniles, parents
and other persons as may be required by the court to be confidential
will remain confidential.
L. Nothing contained in the provisions of Section 620.6 of
Title 10 of the Oklahoma Statutes or any provision of this chapter
shall be construed as:
Req. No. 10853 Page 14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Authorizing the inspection of records or the disclosure of
information contained in records relating to the provision of
benefits or services funded, in whole or in part, with federal
funds, except in accord with federal statutes and regulations
governing the receipt or use of such funds;
2. Authorizing the disclosure of information required to be
kept confidential by Section 7505-1.1, 7506-1.1 or 7510-1.5 of Title
10 of the Oklahoma Statutes, the Oklahoma Adoption Code or
disclosure of any other confidential record pursuant to the
provisions of this chapter;
3. Abrogating any privilege, including the attorney-client
privilege, or affecting any limitation on such privilege found in
any other statutes;
4. Limiting or otherwise affecting access of parties to a
juvenile proceeding to any records filed with or submitted to the
court;
5. Limiting or otherwise affecting access of agencies to
information subject to disclosure, review or inspection by contract
or as a condition for the receipt of public funds or participation
in any program administered by the agency;
6. Prohibiting the Office of Juvenile Affairs from summarizing
the outcome of an investigation to the person who reported a known
or suspected instance of child abuse or neglect; or
Req. No. 10853 Page 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
7. Prohibiting the person or agency conducting a preliminary
inquiry relating to an alleged delinquent act from providing
information, as to the disposition of the matter by the district
attorney, to the person or agency which referred the matter,
including but not limited to whether a petition was filed or an
alternative action taken, and the basis for such action and the
terms of any agreement entered into by the child for payment of
restitution, and including but not limited to provisions for
community services.
M. The confidential records listed in subsection A of this
section may be inspected and their contents disclosed without a
court order to the Oklahoma School for the Blind, Oklahoma School
for the Deaf, or a school district in which the child who is the
subject of the record is currently enrolled or has been presented
for enrollment. The inspection of records and disclosure authorized
by this subsection may be limited to summaries or to information
directly necessary for the purpose of such inspection or disclosure.
Upon request by the Oklahoma School for the Blind, Oklahoma School
for the Deaf, or a school district, the agency in possession of the
records shall provide in writing, digitally, or by delivery to a
secure facsimile line, the requested information to the school
district within five (5) business days upon receipt of the request.
Any records disclosed as provided by this subsection shall remain
Req. No. 10853 Page 16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
confidential. The use of any information shall be limited to the
purposes for which disclosure is authorized.
N. The records of a case for which a petition is not filed
shall be subject to the provisions of Chapter 6 of the Oklahoma
Juvenile Code.
SECTION 8. This act shall become effective November 1, 2025.
60-1-10853 CMA 12/18/24