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ENGR. H. B. NO. 4421 Page 1
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ENGROSSED HOUSE
BILL NO. 4421 By: Hilbert, Hefner,
Provenzano, and West (Josh)
of the House
and
Gollihare of the Senate
[ Leo's Law – abuse and neglect – safety analysis –
drug screening – Department of Human Services –
referral to law enforcement agency – rules – Child
Welfare Fentanyl Testing Revolving Fund – annual
audit – annual report - child endangerment – fines
and penalties – noncodification – codification -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as "Leo's Law".
SECTION 2. AMENDATORY 10A O.S. 2021, Section 1-2-102, as
last amended by Section 2, Chapter 26, O.S.L. 2025 (10A O.S. Supp.
2025, Section 1-2-102), is amended to read as follows:
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Section 1-2-102. A. 1. Upon receipt of a report that a child
may be abused, neglected or drug-endangered, the Department of Human
Services shall conduct a safety analysis.
2. The Department may employ or contract with active or retired
social work, medical and law enforcement professionals who shall be
strategically placed throughout the state to:
a. provide investigation support and to assist
caseworkers with assessment decisions and intervention
activities,
b. serve as consultants to caseworkers in all aspects of
their duties, and
c. designate persons who shall act as liaisons within the
Department whose primary functions are to develop
relationships with local law enforcement agencies and
courts.
3. The Department shall forward a report of its assessment or
investigation and findings to any district attorney's office which
may have jurisdiction to file a petition pursuant to Section 1-4-101
of this title.
4. The Department shall determine the military status of
parents whose children are subject to abuse or neglect. If the
Department determines that a parent or guardian is currently serving
on active duty in the United States military, the Department shall
notify a United States Department of Defense family advocacy program
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that there is an investigation into the parent or guardian. The
Department shall forward a report of its assessment or investigation
and findings to the appropriate military law enforcement entity.
5. Whenever the Department determines there is a child that
meets the definition of a "drug-endangered child", as defined in
Section 1-1-105 of this title, or a child has been diagnosed with
fetal alcohol syndrome and the referral is accepted for
investigation, the Department shall conduct an investigation of the
allegations and shall not limit the evaluation of the circumstances
to an assessment.
6. Whenever the Department determines an infant has been
diagnosed with Neonatal Abstinence Syndrome or a Fetal Alcohol
Spectrum Disorder, but the referral is not accepted for
investigation, the Department shall develop a plan of safe care that
addresses both the infant and affected family member or caregiver.
The plan of safe care shall address, at a minimum, the health and
substance use treatment needs of the infant and affected family
member or caregiver.
B. 1. Upon receipt of a report that a child may be drug-
endangered or whenever the Department determines there is a child
that meets the definition of a "drug-endangered child", as defined
in Section 1-1-105 of this title, the Department of Human Services:
a. shall initiate a safety analysis within twenty-four
(24) hours, and
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b. shall attempt to acquire consent for an immediate drug
screening for any parent, guardian, or caregiver if
substance use is suspected or confirmed, including,
but not limited to, methamphetamine production or use,
opioid exposure, or any indication of fentanyl
presence, including indication via report,
observation, or prior history. Prior history shall
include, but shall not be limited to, prior history
documented by the Department and publicly available
court records on the Oklahoma State Courts Network
website. If the parent, guardian, or caregiver
refuses to consent to a drug screening and substance
use is suspected or confirmed following a safety
analysis, the Department shall notify a district
attorney within twenty-four (24) hours to request a
court order compelling the parent, guardian, or
caregiver submit to a drug screening. If the parent,
guardian, or caregiver refuses to consent to a drug
screening and the court orders the parent, guardian,
or caregiver to submit to a drug screening, the
district court judge shall also order such parent,
guardian, or caregiver to pay the drug screening cost.
All drug screenings shall include mandatory fentanyl
testing.
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2. Drug testing shall occur:
a. at intake for investigations and removals, pursuant to
subsection B of this section,
b. as part of ongoing monitoring in open cases, or upon
reasonable suspicion, and
c. prior to any reunification, visitation expansion, or
case closure.
3. If, upon receipt of a report alleging that a child is drug-
endangered, the Department determines that drug activity is
indicated or that the child meets the definition of a "drug-
endangered child", as defined in Section 1-1-105 of this title, the
Department shall immediately make a referral, either verbally or in
writing, to the appropriate local law enforcement agency for the
purpose of conducting a possible criminal investigation.
C. 1. If, upon receipt of a report alleging abuse or neglect
or during the assessment or investigation, the Department determines
that:
a. the alleged perpetrator is someone other than a person
responsible for the child's health, safety, or
welfare, and
b. the alleged abuse or neglect of the child does not
appear to be attributable to failure on the part of a
person responsible for the child's health, safety, or
welfare to provide protection for the child,
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the Department shall immediately make a referral, in writing, to the
appropriate local law enforcement agency for the purpose of
conducting a possible criminal investigation. The Department shall
maintain a record of its transmission of each report to law
enforcement.
2. After making the referral to the law enforcement agency, the
Department shall not be responsible for further investigation
unless:
a. the Department has reason to believe the alleged
perpetrator is a parent of another child, not the
subject of the criminal investigation, or is otherwise
a person responsible for the health, safety, or
welfare of another child,
b. notice is received from a law enforcement agency that
it has determined the alleged perpetrator is a parent
of or a person responsible for the health, safety, or
welfare of another child not the subject of the
criminal investigation, or
c. the appropriate law enforcement agency requests the
Department to assist in the investigation. If funds
and personnel are available, as determined by the
Director of the Department or a designee, the
Department may assist law enforcement in interviewing
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children alleged to be victims of physical or sexual
abuse.
3. If, upon receipt of a report alleging abuse or neglect or
during the assessment or investigation, the Department determines
that the alleged abuse or neglect of the child involves:
a. a child in the custody of the Office of Juvenile
Affairs, and
b. at the time of the alleged abuse or neglect, such
child was placed in a secure facility operated by the
Office of Juvenile Affairs, as defined by Section 2-1-
103 of this title,
the Department shall immediately make a referral, either verbally or
in writing, to the appropriate law enforcement agency for the
purpose of conducting a possible criminal investigation. After
making the referral to the law enforcement agency, the Department
shall not be responsible for further investigation.
C. D. 1. Any law enforcement agency receiving a referral as
provided in this section shall provide the Department with a copy of
the report of any investigation resulting from a referral from the
Department.
2. Whenever, in the course of any criminal investigation, a law
enforcement agency determines that there is cause to believe that a
child, other than a child in the custody of the Office of Juvenile
Affairs and placed in an Office of Juvenile Affairs secure juvenile
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facility, may be abused or neglected by reason of the acts,
omissions, or failures on the part of a person responsible for the
health, safety, or welfare of the child, the law enforcement agency
shall immediately contact the Department for the purpose of an
investigation.
D. E. If, upon receipt of a report alleging abuse or neglect,
the Department determines that the family has been the subject of a
deprived petition, the Department shall conduct a thorough
investigation of the allegations and shall not limit the evaluation
of the circumstances to an assessment. In addition, if the family
has been the subject of three or more referrals, the Department
shall conduct a thorough investigation of the allegations and shall
not limit the evaluation of the circumstances to an assessment.
E. F. For the purposes of this section, "law enforcement" shall
include military law enforcement if the subject of an investigation
of abuse or neglect is currently serving in any branch of the United
States military.
F. G. The Department shall promulgate rules by November 1,
2026, to implement the provisions of this section.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10A of Title 1-4-717, unless
there is created a duplication in numbering, reads as follows:
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A. The district court judge may order the family, or a member
of the family, a guardian, or a caregiver who is subject to fentanyl
testing under this act to pay drug testing costs.
B. The Department of Human Services shall cover the cost when
the individual:
1. Is enrolled in a state or federal voucher program;
2. Receives qualifying public assistance; or
3. Demonstrates financial hardship via affidavit.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10A of Title 1-4-718, unless
there is created a duplication in numbering, reads as follows:
A. There is hereby created in the State Treasury a revolving
fund for the Department of Human Services to be designated the
"Child Welfare Fentanyl Testing Revolving Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of the fifty-dollar fee imposed pursuant to paragraph 2 of
subsection D of Section 5 of this act. All monies accruing to the
credit of said fund are hereby appropriated and may be budgeted and
expended by the Department of Human Services for the purpose of
offsetting drug testing costs of the Department of Human Services.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director of the Office of Management and Enterprise Services for
approval and payment.
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B. The Oklahoma State Auditor and Inspector shall audit the
fund annually.
C. The Department of Human Services shall submit an annual
report by December 31 to the Speaker of the Oklahoma House of
Representatives and the President Pro Tempore of the Oklahoma State
Senate that includes, but is not limited to, testing volumes, costs,
positive rates, and fund balance, including impacts on child safety
outcomes.
SECTION 5. AMENDATORY 21 O.S. 2021, Section 852.1, as
amended by Section 187, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
2025, Section 852.1), is amended to read as follows:
Section 852.1. A. A person who is the parent, guardian, or
person having custody or control over a child as defined in Section
1-1-105 of Title 10A of the Oklahoma Statutes, commits child
endangerment when the person:
1. Knowingly permits physical or sexual abuse of a child;
2. Knowingly permits a child to be present at a location where
a controlled dangerous substance is being manufactured or attempted
to be manufactured as defined in Section 2-101 of Title 63 of the
Oklahoma Statutes;
3. Knowingly and willfully permits or causes a child under
eighteen (18) years of age to be placed in a situation where the
life, health, or safety of the child is endangered, as defined in
subsection B of this section;
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4. Knowingly permits a child to be present in a vehicle when
the person knows or should have known that the operator of the
vehicle is impaired by or is under the influence of alcohol or
another intoxicating substance; or
4. 5. Is the driver, operator, or person in physical control of
a vehicle in violation of Section 11-902 of Title 47 of the Oklahoma
Statutes while transporting or having in the vehicle such child or
children.
However, it is an affirmative defense to this paragraph if the
person had a reasonable apprehension that any action to stop the
physical or sexual abuse or deny permission for the child to be in
the vehicle with an intoxicated person would result in substantial
bodily harm to the person or the child.
Nothing in this subsection shall prohibit the prosecution of a
person pursuant to the provisions of Section 11-902 or 11-904 of
Title 47 of the Oklahoma Statutes.
B. "Endangerment" includes, but is not limited to, exposing a
child to fentanyl or fentanyl analogs through possession, use,
distribution, or environmental contamination in the home.
C. The provisions of this section shall not apply to any
parent, guardian or other person having custody or control of a
child for the sole reason that the parent, guardian or other person
in good faith selects and depends upon spiritual means or prayer for
the treatment or cure of disease or remedial care for such child.
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This subsection shall in no way limit or modify the protections
afforded said child in Section 852 of this title or Section 1-4-904
of Title 10A of the Oklahoma Statutes.
C. D. 1. Any person convicted of violating any provision of
this section shall be guilty of a Class B6 felony offense punishable
by imprisonment in the custody of the Department of Corrections for
a term of not more than four (4) years, or by a fine not exceeding
Five Thousand Dollars ($5,000.00), or by both such fine and
imprisonment.
2. If fentanyl was present or detected in the endangerment that
led to the conviction, the person convicted shall be guilty of a
felony punishable by imprisonment in the custody of the Department
of Corrections for a term of not more than five (5) years, or by a
fine not exceeding Five Thousand Dollars ($5,000.00), or by both
such fine and imprisonment. Such person shall also pay a mandatory
fee of Fifty Dollars ($50.00) to the State Treasury to be deposited
in the Child Welfare Fentanyl Testing Revolving Fund, pursuant to
Section 4 of this act.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-2-102.1 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
A. 1. Upon referral from the Department of Human Services or a
law enforcement agency, when a child has been determined to be a
"drug-endangered child", and the residence into which the child
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would be returned has been identified as a location where drug
activity has occurred or is suspected, including but not limited to
the manufacture, distribution, use, storage, or environmental
contamination of controlled dangerous substances, the premises shall
be subject to environmental assessment prior to reunification.
2. A referral for environmental assessment and, if necessary,
remediation shall be made by the designated Department of Human
Services case manager or the jurisdictional law enforcement agency
to the appropriate local, county, or state authority responsible for
environmental health, hazardous substance response, public health,
or code enforcement prior to the child being returned to the
residence.
B. 1. Environmental testing shall include surface sampling for
fentanyl and fentanyl analogs when fentanyl possession, use,
distribution, storage, or overdose has occurred on the premises,
drug paraphernalia containing suspected opioid residue has been
identified, or reasonable suspicion of fentanyl contamination
exists.
2. A residence shall be deemed unsafe for occupancy by a child
if fentanyl contamination exceeds 0.1 micrograms per one hundred
(100) square centimeters (0.1µg/100 cm2) on any accessible surface.
3. If contamination exceeds 0.1 micrograms per one hundred
(100) square centimeters (0.1µg/100 cm2) and does not meet criteria
for elevated designation pursuant to subsection C of this section,
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remediation shall be conducted by a contractor qualified in
hazardous substance remediation pursuant to applicable state
environmental standards.
4. Remediation shall continue until post-remediation clearance
testing demonstrates contamination levels at or below 0.05
micrograms per one hundred (100) square centimeters (0.05 µg/100 cm2)
on all tested accessible surfaces.
5. Testing and remediation conducted pursuant to this
subsection shall be performed by qualified contractors certified in
hazardous substance remediation.
C. 1. In any residence where the manufacture, distribution,
use, storage, or elevated level of exposure to fentanyl or fentanyl
analogs is suspected, admitted, or identified through investigation,
the Department of Human Services or the jurisdictional law
enforcement agency may designate the premises as an Elevated
Fentanyl Exposure Risk Property.
2. An Elevated Fentanyl Exposure Risk Property designation
shall be applied when one or more specified heightened contamination
conditions exist, including multiple-room contamination, bulk
quantities, overdose occurrence, vulnerable child presence, or other
heightened environmental contamination risks.
D. 1. Upon designation as an Elevated Fentanyl Exposure Risk
Property, remediation shall be conducted exclusively by a
specialized biohazard cleanup company qualified in hazardous drug
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decontamination and certified pursuant to applicable state
environmental and occupational safety standards.
2. Remediation shall include comprehensive environmental
assessment, removal and lawful disposal of contaminated porous
materials, High Efficiency Particulate Air (HEPA) vacuuming and
chemical neutralization of affected surfaces, ventilation system
inspection or replacement if necessary, and independent post-
remediation clearance testing.
3. Cleaning performed solely by an occupant, landlord, or
noncertified contractor shall not satisfy the requirements of this
subsection.
E. The Department shall not recommend reunification of a child
to any residence subject to this section unless environmental
assessment has been completed, contamination exceeding statutory
thresholds has been remediated, clearance testing verifies
contamination levels at or below 0.05 micrograms per one hundred
(100) square centimeters (0.05 µg/100 cm2), and the premises has been
certified safe for occupancy.
F. 1. If the residence is leased or rented, written notice of
contamination or Elevated Fentanyl Exposure Risk Property
designation shall be provided to the property owner or landlord.
2. A property owner receiving notice shall ensure testing
within fifteen (15) days, complete required remediation prior to re-
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occupancy by a child, and maintain documentation for a minimum of
five (5) years.
3. A landlord shall not knowingly permit re-occupancy of a
contaminated dwelling by a child prior to required remediation and
clearance.
4. A property owner who knowingly fails to remediate and
permits occupancy by a child shall be subject to a civil fine not to
exceed Five Thousand Dollars ($5,000.00) per violation and potential
referral for prosecution under applicable child endangerment
statutes.
5. No liability shall attach to a landlord who lacked actual or
constructive knowledge and promptly complied upon receiving notice.
G. 1. The district court may order the parent, guardian,
caregiver, or property owner to bear the cost of environmental
testing and remediation.
2. If the court determines financial hardship exists, the
Department may utilize available state or federal funds consistent
with appropriations.
H. The Department of Human Services shall promulgate rules
necessary to implement this section within sixty (60) days of the
effective date of this act.
SECTION 7. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
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The requirements of this act shall be carried out within
existing appropriations and designated funds, including the Child
Welfare Fentanyl Testing Revolving Fund created in Section 4 of this
act, and shall not require the Department of Human Services to
create new data systems or hire additional full-time employees.
SECTION 8. This act shall become effective November 1, 2026.
Passed the House of Representatives the 26th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of ___________, 2026.
Presiding Officer of the Senate