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An Act
ENROLLED HOUSE
BILL NO. 2798 By: Hasenbeck, Caldwell (Chad),
and Adams of the House
and
Alvord and Hamilton of the
Senate
An Act relating to reporting requirements; amending
10A O.S. 2021, Section 1-2-101, which relates to the
duty to report abuse or neglect; providing statutory
reference; making certain acts unlawful; providing
penalties; defining term; amending 70 O.S. 2021,
Section 1210.163, as amended by Section 46, Chapter
59, O.S.L. 2024 (70 O.S. Supp. 2024, Section
1210.163), which relates to the duty to report child
abuse and neglect; making superintendents and school
administrators subject to criminal penalties under
certain circumstances; providing for codification;
and providing an effective date.
SUBJECT: Reporting requirements
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-2-101, is
amended to read as follows:
Section 1-2-101. A. 1. The Department of Human Services shall
establish a statewide centralized hotline for the reporting of child
abuse or neglect to the Department.
2. The Department shall provide hotline-specific training
including, but not limited to, interviewing skills, customer service
skills, narrative writing, necessary computer systems, making case
determinations, and identifying priority situations.
3. The Department is authorized to contract with third parties
in order to train hotline workers.
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4. The Department shall develop a system to track the number of
calls received, and of that number:
a. the number of calls screened out,
b. the number of referrals assigned,
c. the number of calls received by persons unwilling to
disclose basic personal information including, but not
limited to, first and last name, and
d. the number of calls in which the allegations were
later found to be unsubstantiated or ruled out.
5. The Department shall electronically record each referral
received by the hotline and establish a secure means of retaining
the recordings for twelve (12) months. The recordings shall be
confidential and subject to disclosure only if a court orders the
disclosure of the referral. The Department shall redact any
information identifying the reporting party unless otherwise ordered
by the court.
B. 1. Every person having reason to believe that a child under
the age of eighteen (18) years is a victim of abuse or neglect shall
report the matter immediately to the Department of Human Services.
Reports shall be made to the hotline provided for in subsection A of
this section. Any allegation of abuse or neglect reported in any
manner to a county office shall immediately be referred to the
hotline by the Department. Provided, however, that in actions for
custody by abandonment, provided for in Section 2-117 of Title 30 of
the Oklahoma Statutes, there shall be no reporting requirement.
2. a. Every school employee having reason to believe that a
student under the age of eighteen (18) years is a
victim of abuse or neglect shall report the matter
immediately to the Department of Human Services and
local law enforcement. Reports to the Department
shall be made to the hotline provided for in
subsection A of this section. Any allegation of abuse
or neglect reported in any manner to a county office
shall immediately be referred to the hotline by the
Department. Provided, however, that in actions for
custody by abandonment, provided for in Section 2-117
ENR. H. B. NO. 2798 Page 3
of Title 30 of the Oklahoma Statutes, there shall be
no reporting requirement.
b. Every school employee having reason to believe that a
student age eighteen (18) years or older is a victim
of abuse or neglect shall report the matter
immediately to local law enforcement.
c. In reports required by subparagraph a or b of this
paragraph, local law enforcement shall keep
confidential and redact any information identifying
the reporting school employee unless otherwise ordered
by the court. A school employee with knowledge of a
report required by subparagraph a or b of this
paragraph shall not disclose information identifying
the reporting school employee unless otherwise ordered
by the court or as part of an investigation by local
law enforcement or the Department.
3. Every physician, surgeon, or other health care professional
including doctors of medicine, licensed osteopathic physicians,
residents and interns, or any other health care professional or
midwife involved in the prenatal care of expectant mothers or the
delivery or care of infants shall promptly report to the Department
instances in which an infant tests positive for alcohol or a
controlled dangerous substance. This shall include infants who are
diagnosed with Neonatal Abstinence Syndrome or Fetal Alcohol
Spectrum Disorder.
4. No privilege or contract shall relieve any person from the
requirement of reporting pursuant to this section.
5. The reporting obligations under this section are individual,
and no employer, supervisor, administrator, governing body or entity
shall interfere with the reporting obligations of any employee or
other person or in any manner discriminate or retaliate against the
employee or other person who in good faith reports suspected child
abuse or neglect, or who provides testimony in any proceeding
involving child abuse or neglect. Any employer, supervisor,
administrator, governing body or entity who discharges,
discriminates or retaliates against the employee or other person
shall be liable for damages, costs and attorney fees. If a child
who is the subject of the report or other child is harmed by the
discharge, discrimination or retaliation described in this
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paragraph, the party harmed may file an action to recover damages,
costs and attorney fees.
6. Every physician, surgeon, other health care professional or
midwife making a report of abuse or neglect as required by this
subsection or examining a child to determine the likelihood of abuse
or neglect and every hospital or related institution in which the
child was examined or treated shall provide, upon request, copies of
the results of the examination or copies of the examination on which
the report was based and any other clinical notes, x-rays,
photographs, and other previous or current records relevant to the
case to law enforcement officers conducting a criminal investigation
into the case and to employees of the Department of Human Services
conducting an investigation of alleged abuse or neglect in the case.
C. Any Except as provided in Section 2 of this act, any person
who knowingly and willfully fails to promptly report suspected child
abuse or neglect or who interferes with the prompt reporting of
suspected child abuse or neglect may be reported to local law
enforcement for criminal investigation and, upon conviction thereof,
shall be guilty of a misdemeanor. Any Except as provided in Section
2 of this act, any person with prolonged knowledge of ongoing child
abuse or neglect who knowingly and willfully fails to promptly
report such knowledge may be reported to local law enforcement for
criminal investigation and, upon conviction thereof, shall be guilty
of a felony. For the purposes of this paragraph, "prolonged
knowledge" shall mean knowledge of at least six (6) months of child
abuse or neglect.
D. 1. Any person who knowingly and willfully makes a false
report pursuant to the provisions of this section or a report that
the person knows lacks factual foundation may be reported to local
law enforcement for criminal investigation and, upon conviction
thereof, shall be guilty of a misdemeanor.
2. If a court determines that an accusation of child abuse or
neglect made during a child custody proceeding is false and the
person making the accusation knew it to be false at the time the
accusation was made, the court may impose a fine, not to exceed Five
Thousand Dollars ($5,000.00) and reasonable attorney fees incurred
in recovering the sanctions, against the person making the
accusation. The remedy provided by this paragraph is in addition to
paragraph 1 of this subsection or to any other remedy provided by
law.
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E. Nothing contained in this section shall be construed to
exempt or prohibit any person from reporting any suspected child
abuse or neglect pursuant to subsection B of this section.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 593 of Title 21, unless there is
created a duplication in numbering, reads as follows:
A. Any superintendent or school administrator of a private
school or public school district who knowingly and willfully fails
to promptly report or who interferes with the prompt reporting of
child abuse and neglect, as mandated in Section 1210.163 of Title 70
of the Oklahoma Statutes shall, upon conviction, be guilty of a
felony punishable by imprisonment in the Department of Corrections
for a term of not less than two (2) years or more than ten (10)
years, or by a fine of not less than Twenty Thousand Dollars
($20,000.00), or by both such fine and imprisonment. In addition,
the court shall require the person to complete a term of community
service, without compensation, for a period of hours to be
determined by the court.
B. As used in this section, "school administrator" means a
principal, assistant principal, or any other person who serves in a
supervisory or administrative capacity in a private school or public
school district.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 1210.163, as
amended by Section 46, Chapter 59, O.S.L. 2024 (70 O.S. Supp. 2024,
Section 1210.163), is amended to read as follows:
Section 1210.163. A. Every school employee having reason to
believe that a student under the age of eighteen (18) years is a
victim of abuse or neglect shall report the matter immediately to
the Department of Human Services and local law enforcement. Reports
to the Department shall be made to the hotline provided for in
Section 1-2-101 of Title 10A of the Oklahoma Statutes. Any
allegation of abuse or neglect reported in any manner to a county
office shall immediately be referred to the hotline by the
Department.
B. Every school employee having reason to believe that a
student age eighteen (18) years or older is a victim of abuse or
neglect shall report the matter immediately to local law
enforcement.
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C. In reports required by subsection A or B of this section,
local law enforcement shall keep confidential and redact any
information identifying the reporting school employee unless
otherwise ordered by the court. A school employee with knowledge of
a report required by subsection A or B of this section shall not
disclose information identifying the reporting school employee
unless otherwise ordered by the court or as part of an investigation
by local law enforcement or the Department.
D. Any superintendent or school administrator of a private
school or public school district who knowingly and willfully fails
to promptly report or interferes with the prompt reporting of abuse
or neglect shall be subject to the penalties provided for in Section
2 of this act. As used in this subsection, "school administrator"
means a principal, assistant principal, or any other person who
serves in a supervisory or administrative capacity in a private
school or public school district.
E. For the purposes of this section, "child abuse and neglect"
shall include, but not be limited to:
1. Child abuse as defined in Section 843.5 of Title 21 of the
Oklahoma Statutes;
2. Sexual abuse or sexual exploitation as defined in Section 1-
1-105 of Title 10A of the Oklahoma Statutes;
3. Contributing to the delinquency of a minor as defined in
Section 856 of Title 21 of the Oklahoma Statutes;
4. Trafficking in children, as defined in Section 866 of Title
21 of the Oklahoma Statutes;
5. Incest as described in Section 885 of Title 21 of the
Oklahoma Statutes;
6. Forcible sodomy, as described in Section 888 of Title 21 of
the Oklahoma Statutes;
7. Maliciously, forcibly or fraudulently taking or enticing a
child away, as described in Section 891 of Title 21 of the Oklahoma
Statutes;
8. Soliciting or aiding a minor child to perform or showing,
exhibiting, loaning or distributing obscene material or child sexual
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abuse material, as described in Section 1021 of Title 21 of the
Oklahoma Statutes;
9. Procuring or causing the participation of any minor child in
any child sexual abuse material or knowingly possessing, procuring
or manufacturing child sexual abuse material, as described in
Section 1021.2 of Title 21 of the Oklahoma Statutes;
10. Permitting or consenting to the participation of a minor
child in any child sexual abuse material, as described in Section
1021.3 of Title 21 of the Oklahoma Statutes;
11. Facilitating, encouraging, offering or soliciting sexual
conduct with a minor, as described in Section 1040.13a of Title 21
of the Oklahoma Statutes;
12. Offering or offering to secure a minor child for the
purposes of prostitution or any other lewd or indecent act, as
described in Section 1087 of Title 21 of the Oklahoma Statutes;
13. Causing, inducing, persuading or encouraging a minor child
to engage or continue to engage in prostitution, as described in
Section 1088 of Title 21 of the Oklahoma Statutes;
14. Rape or rape by instrumentation, as described in Sections
1111.1 and 1114 of Title 21 of the Oklahoma Statutes; and
15. Making any oral, written or electronically or computer-
generated lewd or indecent proposals to a minor child under the age
of sixteen (16) as described in Section 1123 of Title 21 of the
Oklahoma Statutes; and
16. Sexual battery, when committed upon a person who is at
least sixteen (16) years of age and is less than twenty (20) years
of age and is a student, or in the legal custody or supervision of
any public or private elementary or secondary school, or technology
center school, by a person who is eighteen (18) years of age or
older and is an employee of a private school or public school
system.
SECTION 4. This act shall become effective November 1, 2025.
ENR. H. B. NO. 2798 Page 8
Passed the House of Representatives the 13th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 14th day of May, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________