1. A. For purposes of this section, the term "near death" means the child is in serious or critical condition, as certified by a physician, as a result of abuse or neglect.

2. B. When a person responsible for a child has been charged by information or indictment with committing a crime resulting in the death or near death of the child, there shall be a presumption that the best interest of the public is served by public disclosure of certain information concerning:

   1. 1. The circumstances of the investigation of the death or near death of the child; and

   2. 2. Any other investigations concerning that child, or other children while living in the same household, within:

      1. a. three (3) years of the death or near death, and
      2. b. one (1) year after the death or near death.

3. C.

   1. 1. At any time subsequent to seven (7) days, but no more than thirty (30) days, of the date the person responsible for the child has been criminally charged, the Department of Human Services, the district attorney, the district court clerk, and the judge having jurisdiction over the case, upon request, shall release certain information to the public as follows:

      1. a. a confirmation shall be provided by the Department as to whether a report has been made concerning the alleged victim or other children while living in the same household and whether an investigation has begun,
      2. b. confirmation shall be provided by the Department as to whether previous reports have been made and the dates thereof, a summary of those previous reports, the dates and outcome of any investigations or actions taken by the Department in response to a previous report of child abuse or neglect, and the specific recommendation made to the district attorney and any subsequent action taken by the district attorney,
      3. c. the dates of any judicial proceedings prior to the death or near death of the child,
      4. d. recommendations submitted by each participant in writing at the judicial proceedings including recommendations made at the hearing as they relate to custody or placement of a child, and
      5. e. the rulings of the court.
   2. 2. Specific recommendations made and services rendered by the Department described in any progress reports of a pending case submitted to the court may be disclosed by the Department.

4. D.

   1. 1. At any time subsequent to seven (7) days after the date the person responsible for the child has been criminally charged, the Oklahoma Commission on Children and Youth shall, upon request, release certain information to the public within sixty (60) days of the request as follows:

      1. a. a confirmation shall be provided by the Commission as to whether a report of suspected child abuse or neglect has been made concerning the alleged victim or other children while living in the same household and whether an investigation has begun,
      2. b. confirmation shall be provided by the Commission as to whether previous reports of suspected child abuse or neglect have been made and the dates thereof, a summary of those previous reports, the dates and outcome of any investigations or actions taken by the Department and the Commission in response to any previous report of child abuse or neglect, and the specific recommendation made to the district attorney and any subsequent action taken by the district attorney,
      3. c. the dates of any judicial proceedings prior to the death or near death of the child,
      4. d. recommendations submitted by the Department and the Commission shall be provided in writing including recommendations made at the hearing as they relate to custody or placement of a child, and
      5. e. the rulings of the court.
   2. 2. Specific recommendations made by the Commission described in any progress reports of a pending case submitted to the court may be disclosed by the Commission.
5. E. Any disclosure of information pursuant to this section shall not identify or provide an identifying description of any complainant or reporter of child abuse or neglect, and shall not identify the name of the child victim's siblings or other children living in the same household, the parent or other person responsible for the child, or any other member of the household, other than the person criminally charged.

Laws 2007, SB 790, c. 351, § 4, emerg. eff. June 4, 2007; Amended by Laws 2008, HB 2530, c. 293, § 3, emerg. eff. June 2, 2008 (superseded document available); Amended by Laws 2009, HB 2028, c. 233, § 75, emerg. eff. May 21, 2009 (superseded document available); Renumbered from 10 O.S. § 7005-1.9 by Laws 2009, HB 2028, c. 233, § 272, emerg. eff. May 21, 2009.