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An Act
ENROLLED SENATE
BILL NO. 870 By: Rader of the Senate
and
Williams, Blancett, and
Provenzano of the House
An Act relating to children; creating the
Accountability, Transparency, and Protection for
Exploited Youth Act; providing short title; requiring
certain individuals to report sexual misconduct or
exploitation; creating felony offense; providing for
penalties; requiring investigation reports to be
forwarded to certain individuals; requiring certain
notification by the district attorney; providing for
certain civil liability and damages; stating certain
negligence; providing for civil penalties; requiring
the Office of Juvenile Affairs to provide annual
training; directing the Office of Juvenile System
Oversight to submit certain report; amending 10A O.S.
2021, Sections 2-6-102 and 2-6-110, which relate to
juvenile records; striking reference to repealed
section; 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; permitting a party to request judicial
review; updating statutory reference; providing for
codification; and providing an effective date.
SUBJECT: Accountability, Transparency, and Protection for Exploited
Youth Act
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-8-301 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 2-8-302 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, coercive
relationships, or exploitation between staff, volunteers, or
contractors and juveniles, shall be required to immediately report
the incident to both the facility supervisor and the Office of
Juvenile System Oversight for independent investigation.
B. Any individual who fails to report such incident shall, upon
conviction, be guilty of a felony punishable by a fine not more than
Five Thousand Dollars ($5,000.00), by imprisonment in the custody of
the Department of Corrections for not more than two (2) years, or by
both such fine and imprisonment.
C. Investigation reports shall be forwarded to the district
attorney in the district where the abuse took place. The Office of
Juvenile System Oversight shall notify in writing the juvenile
victim’s family and the Senate and House of Representatives members
for the district in which the juvenile victim lives that the
investigation has been forwarded to the district attorney.
The district attorney shall notify in writing the juvenile
victim’s family and the Senate and House of Representatives members
for the district in which the juvenile victim lives when a decision
has been made to either file or decline to file charges.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-8-303 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
ENR. S. B. NO. 870 Page 3
A. Any employee, officer, contractor, or volunteer who
knowingly fails to report incidents of sexual misconduct or coercive
behavior shall be deemed to be acting outside the scope of
employment and therefore 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 and any contracted entity or
group home operating under the Office’s supervision shall be liable
for damages if a court of competent jurisdiction finds that the
employee, officer, contractor, or volunteer was negligent in
preventing, investigating, or responding to reports of sexual
misconduct. Liability for acts committed in violation of this
section shall be exempt from the liability limitations under The
Governmental Tort Claims Act.
C. Negligence under this act 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 parents or legal guardians, or next
friends may file civil actions seeking damages pursuant to the
provisions of this section.
E. Civil fines of up to Fifty Thousand Dollars ($50,000.00) per
juvenile victim may be levied against the Office, county facilities
where juveniles are detained, or contracting entities found to have
acted negligently.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-8-304 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 Office employees, contractors, and
volunteers on the prevention, identification, and reporting of
sexual misconduct and coercive relationships between staff and
juveniles. Such training shall also be provided to employees,
ENR. S. B. NO. 870 Page 4
contractors, and volunteers of county facilities where juveniles are
detained.
B. The Office of Juvenile System Oversight shall electronically
submit an annual report to the President Pro Tempore of the Senate
and the Speaker of the House of Representatives that outlines the
number of investigations, findings, and any corrective actions
taken.
SECTION 5. 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:
1. Upon the charging or certification of a juvenile as an adult
or youthful offender;
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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. 3. 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. 4. 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. 5. To arrest records of a juvenile arrested for committing
an act, which if committed by an adult, would be a felony offense;
7. 6. To a violation of the Prevention of Youth Access to
Tobacco Act; or
8. 7. Whenever a juvenile is accepted for placement or
treatment in a facility or private treatment facility within this
state as a 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
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8. 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
(5) officers of the court who are conducting
investigations to assist the minor.
b. Access under this paragraph 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
paragraph shall be bound by confidentiality
requirements and shall not further disclose the
records except as necessary for legal proceedings or
investigations.
d. A court may further restrict or expand access to the
Office of Juvenile Affairs 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
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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.
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
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
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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.
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.
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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:
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
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
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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
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 6. AMENDATORY 10A O.S. 2021, Section 2-6-110, is
amended to read as follows:
Section 2-6-110. The Office of Juvenile Affairs shall, in
cooperation with sheriffs in this state, develop procedures for
providing timely and relevant information to sheriffs concerning
juvenile court records and agency records of persons who have met
the criteria specified in paragraph 5 4 of subsection C of Section
2-6-102 of this title. The procedures shall be designed to provide
the type of information useful and relevant to establishing security
level requirements for persons in the custody of a sheriff. The
provisions of this section shall not require the disclosure of any
records or information which is required by law to be kept
confidential.
SECTION 7. This act shall become effective November 1, 2025.
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Passed the Senate the 27th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the 1st day of May, 2025.
Presiding Officer of the House
of Representatives
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: _________________________________