Okla. Stat. tit. 70, § 1210.163
Child Abuse and Neglect - Duty to Report - Enumerated Acts of Abuse and Neglect
Effective Jul 1, 2026Laws 2018, SB 1150, c. 323, § 2, emerg. eff. July 1, 2018; Amended by Laws 2019, SB 576, c. 415, § 2, emerg. eff. July 1, 2019 (superseded document available); Amended by Laws 2024, HB 3936, c. 59, § 46, eff. November 1, 2024 (superseded document available); Amended by Laws 2025, SB 553, c. 101, § 6, emerg. eff. July 1, 2025 (superseded document available); Amended by Laws 2025, HB 2798, c. 260, § 3, eff. November 1, 2025 (superseded document available); Amendment by Laws 2025, c. 260, § 3, amended by Laws 2026, SB 2184, c. 217, § 136, emerg. eff. May 6, 2026 (superseded document available); Amendment by Laws 2025, c. 101, § 6, repealed by Laws 2026, SB 2184, c. 217, § 137, emerg. eff. May 6, 2026; Amended by Laws 2026, HB 2959, c. 292, § 1, emerg. eff. July 1, 2026 (superseded document available).
Multiple Amendments Enacted in the 2026 Legislative Session
- 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 Section 1-2-101 of Title 10A of the Oklahoma Statutes. Any allegation of abuse or neglect reported in any manner to a county office shall immediately be referred to the hotline by the Department.
- 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 subsection A or B of this section, local law enforcement shall keep confidential and redact any information identifying the reporting school employee unless otherwise ordered by the court. A school employee with knowledge of a report required by subsection A or B of this section 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.
- D. Any superintendent or school administrator of a private school or public school district who knowingly and willfully fails to promptly report or interferes with the prompt reporting of abuse or neglect shall be subject to the penalties provided for in Section 2 of this act. As used in this subsection, “school administrator” means a principal, assistant principal, or any other person who serves in a supervisory or administrative capacity in a private school or public school district.
- E. Every school employee shall annually sign an attestation acknowledging his or her responsibility to report suspected child abuse or neglect pursuant to this section and Section 1-2-101 of Title 10A of the Oklahoma Statutes.
F. For the purposes of this section, “child abuse and neglect” shall include, but not be limited to:
- 1. Child abuse as defined in Section 843.5 of Title 21 of the Oklahoma Statutes;
- 2. Sexual abuse or sexual exploitation as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes;
- 3. Contributing to the delinquency of a minor as described in Section 856 of Title 21 of the Oklahoma Statutes;
- 4. Trafficking in children, as defined in Section 866 of Title 21 of the Oklahoma Statutes;
- 5. Incest as described in Section 885 of Title 21 of the Oklahoma Statutes;
- 6. Forcible sodomy, as described in Section 888 of Title 21 of the Oklahoma Statutes;
- 7. Maliciously, forcibly or fraudulently taking or enticing a child away, as described in Section 891 of Title 21 of the Oklahoma Statutes;
- 8. Soliciting or aiding a minor child to perform or showing, exhibiting, loaning or distributing obscene material or child sexual abuse material, as described in Section 1021 of Title 21 of the Oklahoma Statutes;
- 9. Procuring or causing the participation of any minor child in any child sexual abuse material or knowingly possessing, procuring or manufacturing child sexual abuse material, as described in Section 1021.2 of Title 21 of the Oklahoma Statutes;
- 10. Permitting or consenting to the participation of a minor child in any child sexual abuse material, as described in Section 1021.3 of Title 21 of the Oklahoma Statutes;
- 11. Facilitating, encouraging, offering or soliciting sexual conduct with a minor, as described in Section 1040.13a of Title 21 of the Oklahoma Statutes;
- 12. Offering or offering to secure a minor child for the purposes of prostitution or any other lewd or indecent act, as described in Section 1087 of Title 21 of the Oklahoma Statutes;
- 13. Causing, inducing, persuading or encouraging a minor child to engage or continue to engage in prostitution, as described in Section 1088 of Title 21 of the Oklahoma Statutes;
- 14. Rape or rape by instrumentation, as described in Sections 1111.1 and 1114 of Title 21 of the Oklahoma Statutes;
- 15. Making any oral, written or electronically or computer-generated lewd or indecent proposals to a minor child under the age of sixteen (16) as described in Section 1123 of Title 21 of the Oklahoma Statutes; and
16. Sexual battery, when committed upon a person who is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or in the legal custody or supervision of any public or private elementary or secondary school, or technology center school, by a person who is eighteen (18) years of age or older and is an employee of a private school or public school system.
Version 2 (Amended by Laws 2025, HB 2798, c. 260, § 3, eff. November 1, 2025; Amended by Laws 2026, HB 2959, c. 292, § 1, emerg. eff. July 1, 2026)
- 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 Section 1-2-101 of Title 10A of the Oklahoma Statutes. Any allegation of abuse or neglect reported in any manner to a county office shall immediately be referred to the hotline by the Department.
- 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.
- 1. In addition to the reporting requirements of this section, any superintendent or school administrator of a private school or public school district who has reason to believe, or receives an allegation or disclosure, that a school employee is involved in the abuse or neglect of a student shall report the matter within twenty-four (24) hours to local law enforcement.
- 2. All disclosures or allegations made under this subsection shall be reported to law enforcement prior to any formal investigation by the school or school board, or questioning of the subject of the accusation.
- 3. No school investigator, administrator, or official shall conduct formal interviews of the subject of the accusation or engage in disciplinary proceedings until law enforcement has been notified and has had the opportunity to interview the involved parties, unless law enforcement determines that an immediate school response is necessary to protect student safety.
- 4. The resignation, termination, transfer, or other separation from employment of the subject of an allegation or disclosure shall not relieve any person of the duty to report to law enforcement as required by this subsection.
- D. In reports required by subsection A, B, or C of this section, local law enforcement shall keep confidential and redact any information identifying the reporting school employee unless otherwise ordered by the court. A school employee with knowledge of a report required by subsection A, B, or C of this section 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.
- E. Any superintendent or school administrator of a private school or public school district who knowingly and willfully fails to promptly report or interferes with the prompt reporting of abuse or neglect shall be subject to the penalties provided for in Section 593 of Title 21 or Section 1-2-101 of Title 10A of the Oklahoma Statutes. As used in this section, "school administrator" means a principal, assistant principal, or any other person who serves in a supervisory or administrative capacity in a private school or public school district.
- F. Every school employee shall annually sign an attestation acknowledging his or her responsibility to report suspected child abuse or neglect pursuant to this section. Failure to sign an attestation does not relieve school personnel from the obligations created in this section, nor shall such failure constitute a defense to criminal liability arising under Sections 593 of Title 21 or 1-2-101 of Title 10A of the Oklahoma Statutes.
G. For the purposes of this section, "child abuse and neglect" shall include, but not be limited to:
- 1. Child abuse as defined in Section 843.5 of Title 21 of the Oklahoma Statutes;
- 2. Sexual abuse or sexual exploitation as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes;
- 3. Contributing to the delinquency of a minor as defined in Section 856 of Title 21 of the Oklahoma Statutes;
- 4. Trafficking in children, as defined in Section 866 of Title 21 of the Oklahoma Statutes;
- 5. Incest as described in Section 885 of Title 21 of the Oklahoma Statutes;
- 6. Forcible sodomy, as described in Section 888 of Title 21 of the Oklahoma Statutes;
- 7. Maliciously, forcibly or fraudulently taking or enticing a child away, as described in Section 891 of Title 21 of the Oklahoma Statutes;
- 8. Soliciting or aiding a minor child to perform or showing, exhibiting, loaning or distributing obscene material or child sexual abuse material, as described in Section 1021 of Title 21 of the Oklahoma Statutes;
- 9. Procuring or causing the participation of any minor child in any child sexual abuse material or knowingly possessing, procuring or manufacturing child sexual abuse material, as described in Section 1021.2 of Title 21 of the Oklahoma Statutes;
- 10. Permitting or consenting to the participation of a minor child in any child sexual abuse material, as described in Section 1021.3 of Title 21 of the Oklahoma Statutes;
- 11. Facilitating, encouraging, offering or soliciting sexual conduct with a minor, as described in Section 1040.13a of Title 21 of the Oklahoma Statutes;
- 12. Offering or offering to secure a minor child for the purposes of prostitution or any other lewd or indecent act, as described in Section 1087 of Title 21 of the Oklahoma Statutes;
- 13. Causing, inducing, persuading or encouraging a minor child to engage or continue to engage in prostitution, as described in Section 1088 of Title 21 of the Oklahoma Statutes;
- 14. Rape or rape by instrumentation, as described in Sections 1111.1 and 1114 of Title 21 of the Oklahoma Statutes;
- 15. Making any oral, written or electronically or computer-generated lewd or indecent proposals to a minor child under the age of sixteen (16) as described in Section 1123 of Title 21 of the Oklahoma Statutes; and
- 16. Sexual battery, when committed upon a person who is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or in the legal custody or supervision of any public or private elementary or secondary school, or technology center school, by a person who is eighteen (18) years of age or older and is an employee of a private school or public school system.
H.
- 1. For the purposes of this section, "local law enforcement" means a law enforcement agency independent of the school district or a full-time school district police department fully commissioned by the State of Oklahoma. Local law enforcement shall not include a school resource officer employed by the district unless directed by the independent law enforcement agency.
- 2. When a school resource officer is utilized pursuant to this subsection, the officer shall submit a written report to the independent law enforcement agency describing the circumstances and any actions taken.
Version 1 (Amended by Laws 2025, HB 2798, c. 260, § 3, eff. November 1, 2025; Amended by Laws 2026, SB 2184, c. 217, § 136, emerg. eff. July 1, 2026)
Laws 2018, SB 1150, c. 323, § 2, emerg. eff. July 1, 2018; Amended by Laws 2019, SB 576, c. 415, § 2, emerg. eff. July 1, 2019 (superseded document available); Amended by Laws 2024, HB 3936, c. 59, § 46, eff. November 1, 2024 (superseded document available); Amended by Laws 2025, SB 553, c. 101, § 6, emerg. eff. July 1, 2025 (superseded document available); Amended by Laws 2025, HB 2798, c. 260, § 3, eff. November 1, 2025 (superseded document available); Amendment by Laws 2025, c. 260, § 3, amended by Laws 2026, SB 2184, c. 217, § 136, emerg. eff. May 6, 2026 (superseded document available); Amendment by Laws 2025, c. 101, § 6, repealed by Laws 2026, SB 2184, c. 217, § 137, emerg. eff. May 6, 2026; Amended by Laws 2026, HB 2959, c. 292, § 1, emerg. eff. July 1, 2026 (superseded document available).