Okla. Stat. tit. 10A, § 1-2-101
Statewide Centralized Hotline for Reporting Child Abuse or Neglect - Hotline Requirements - Reporting Abuse or Neglect - Retaliation by Employer - Violations
Effective May 21, 2009Laws 1965, SB 18, c. 43, § 2, emerg. eff. March 18, 1965; Amended by Laws 1972, HB 1755, c. 236, § 1, emerg. eff. April 7, 1972; Amended by Laws 1975, SB 304, c. 98, § 2, emerg. eff. April 30, 1975; Amended by Laws 1977, SB 335, c. 172, § 2, eff. October 1, 1977; Amended by Laws 1980, HB 1840, c. 107, § 1, eff. October 1, 1980; Amended by Laws 1985, HB 1022, c. 66, § 1, eff. November 1, 1985; Amended by Laws 1986, HB 1291, c. 263, § 5, emerg. eff. July 1, 1986; Amended by Laws 1987, HB 1020, c. 88, § 2, emerg. eff. July 1, 1987; Amended by Laws 1987, HB 1200, c. 167, § 1, emerg. eff. July 1, 1987; Amended by Laws 1992, HB 2022, c. 265, § 2, emerg. eff. May 25, 1992; Amended by Laws 1993, HB 1578, c. 208, § 4, eff. September 1, 1993; Amended by Laws 1994, HB 2272, c. 324, § 1, eff. September 1, 1994; Amended by Laws 1995, HB 1993, c. 353, § 3, eff. November 1, 1995; Renumbered from 21 O.S. § 846 by Laws 1995, HB 1993, c. 353, § 20, eff. November 1, 1995; Amended by Laws 1998, HB 2905, c. 416, § 12, eff. November 1, 1998 (superseded document available); Amended by Laws 2000, HB 2452, c. 374, § 31, emerg. eff. July 1, 2000 (superseded document available); Amended by Laws 2009, HB 1738, c. 149, § 1, emerg. eff. May 11, 2009 (superseded document available); Amended by Laws 2009, HB 2028, c. 233, § 79, emerg. eff. May 21, 2009 (superseded document available); Renumbered from 10 O.S. § 7103 by Laws 2009, HB 2028, c. 233, § 212, emerg. eff. May 21, 2009.
A.
- 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 promptly to the Department of Human Services. Reports may be made by telephone, in writing, personally or by any other method.
- 2. Every physician, surgeon, or other health care professional including doctors of medicine, licensed osteopathic physicians, residents and interns, or any other health care professional attending the birth of a child who tests positive for alcohol or a controlled dangerous substance shall promptly report the matter to the Department.
- 3. No privilege or contract shall relieve any person from the requirement of reporting pursuant to this section.
- 4. The reporting obligations under this section are individual, and no employer, supervisor, or administrator 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, or administrator who discharges, discriminates or retaliates against the employee or other person shall be liable for damages, costs and attorney fees.
- 5. Every physician, surgeon, or other health care professional 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.
- B. 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.
C.
- 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.
- D. 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 A of this section.
Laws 1965, SB 18, c. 43, § 2, emerg. eff. March 18, 1965; Amended by Laws 1972, HB 1755, c. 236, § 1, emerg. eff. April 7, 1972; Amended by Laws 1975, SB 304, c. 98, § 2, emerg. eff. April 30, 1975; Amended by Laws 1977, SB 335, c. 172, § 2, eff. October 1, 1977; Amended by Laws 1980, HB 1840, c. 107, § 1, eff. October 1, 1980; Amended by Laws 1985, HB 1022, c. 66, § 1, eff. November 1, 1985; Amended by Laws 1986, HB 1291, c. 263, § 5, emerg. eff. July 1, 1986; Amended by Laws 1987, HB 1020, c. 88, § 2, emerg. eff. July 1, 1987; Amended by Laws 1987, HB 1200, c. 167, § 1, emerg. eff. July 1, 1987; Amended by Laws 1992, HB 2022, c. 265, § 2, emerg. eff. May 25, 1992; Amended by Laws 1993, HB 1578, c. 208, § 4, eff. September 1, 1993; Amended by Laws 1994, HB 2272, c. 324, § 1, eff. September 1, 1994; Amended by Laws 1995, HB 1993, c. 353, § 3, eff. November 1, 1995; Renumbered from 21 O.S. § 846 by Laws 1995, HB 1993, c. 353, § 20, eff. November 1, 1995; Amended by Laws 1998, HB 2905, c. 416, § 12, eff. November 1, 1998 (superseded document available); Amended by Laws 2000, HB 2452, c. 374, § 31, emerg. eff. July 1, 2000 (superseded document available); Amended by Laws 2009, HB 1738, c. 149, § 1, emerg. eff. May 11, 2009 (superseded document available); Amended by Laws 2009, HB 2028, c. 233, § 79, emerg. eff. May 21, 2009 (superseded document available); Renumbered from 10 O.S. § 7103 by Laws 2009, HB 2028, c. 233, § 212, emerg. eff. May 21, 2009.