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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1322 By: Prieto
AS INTRODUCED
An Act relating to child abuse or neglect; amending
10A O.S. 2021, Section 1-2-101, as amended by Section
344, Chapter 486, O.S.L. 2025 (10A O.S. Supp. 2025,
Section 1-2-101), which relates to statewide
centralized hotline for reporting child abuse or
neglect; prohibiting anonymous reports of suspected
child abuse or neglect; requiring retention of
recordings under certain circumstances; requiring
redaction of information under certain circumstances;
requiring request and storage of certain information;
requiring certain information be provided to certain
persons; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-2-101, as
amended by Section 344, Chapter 486, O.S.L. 2025 (10A O.S. Supp.
2025, 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
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suspected child abuse or neglect to the Department. Anonymous
reports of suspected child abuse shall not be accepted.
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.
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, unless the referral results
in an investigation by the Department, in which case the recording
shall be retained as part of the case file. The recordings shall be
confidential and subject to disclosure only if a court orders the
disclosure of the referral. The When making a disclosure, the
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Department shall redact any information identifying the reporting
party unless otherwise ordered by the court.
6. Any person receiving reports of suspected child abuse or
neglect pursuant to this section shall request and store, at a
minimum:
a. the specific facts that led to the reasonable
suspicion of child abuse or neglect and the source or
sources of such information, and
b. the person’s name, telephone number, and home address.
If the person making the referral refuses to provide
such information, the person receiving the report
shall inform the caller that an anonymous report
cannot be filed, but that a report of possible child
abuse or neglect where a child is at serious risk of
imminent harm may be made by calling an emergency
telephone number such as 9-1-1.
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
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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
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, when making a disclosure, shall
redact any information identifying the reporting
school employee unless otherwise ordered by the court.
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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,
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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
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 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 person
with prolonged knowledge of ongoing child abuse or neglect who
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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 Class D1 felony
offense and shall be punished by imprisonment as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes. 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. This act shall become effective November 1, 2026.
60-2-2536 TEK 12/29/2025 2:52:22 PM