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Vulnerable Adult protection laws and resources

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Vulnerable Adult protection laws and resources

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Oklahoma child abuse information. - state laws

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Oklahoma child abuse information. - state laws

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Oklahoma

Child Abuse and Neglect

Clergy as Mandatory Reporters of Child Abuse and Neglect

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Citation: Okla. Stat. Ann. Tit. 10A, § 1-2-101 (LexisNexis through 2012 1st Reg. Sess.)

Every person having reason to believe that a child under age 18 is a victim of abuse or neglect shall report the matter promptly to the Department of Human Services.

No privilege or contract shall relieve any person from the requirement of reporting pursuant to this section.

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Definitions of Child Abuse and Neglect

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Physical Abuse
Citation: Ann. Stat. Tit. 10A, § 1-1-105

'Abuse' means harm, threatened harm, or failure to protect from harm or threatened harm, to the health, safety, or welfare of a child by a person responsible for the child's health, safety, or welfare, including, but not limited to, nonaccidental physical or mental injury, sexual abuse, or sexual exploitation.
'Harm or threatened harm to the health or safety of a child' means any real or threatened physical, mental, or emotional injury or damage to the body or mind that is not accidental, including, but not limited to, sexual abuse, sexual exploitation, neglect, or dependency.

'Heinous and shocking abuse' includes, but is not limited to, aggravated physical abuse that results in serious bodily, mental, or emotional injury. 'Serious bodily injury' means injury that involves:

A substantial risk of death

Extreme physical pain

Protracted disfigurement

A loss or impairment of the function of a body member, organ, or mental faculty

An injury to an internal or external organ or the body

A bone fracture

Sexual abuse or sexual exploitation

Chronic abuse, including, but not limited to, physical, emotional, or sexual abuse, or sexual exploitation that is repeated or continuing

Torture, including, but not limited to, inflicting, participating in, or assisting in inflicting, intense physical or emotional pain upon a child repeatedly over a period of time for the purpose of coercing or terrorizing a child for the purpose of satisfying the craven, cruel, or prurient desires of the perpetrator or another person

Any other similar aggravated circumstance

Neglect
Citation: Ann. Stat. Tit. 10A, § 1-1-105

'Neglect' means any of the following:

The failure of omission to provide any of the following:

Adequate nurturance and affection, food, clothing, shelter, sanitation, hygiene, or appropriate education

Medical, dental, or behavioral health care

Supervision or appropriate caregivers

Special care made necessary by the physical or mental condition of the child

The failure or omission to protect a child from exposure to any of the following:

The use, possession, sale, or manufacture of illegal drugs

Illegal activities

Sexual acts or materials that are not age-appropriate

Abandonment

'Heinous and shocking neglect' includes, but is not limited to:

Chronic neglect, including a persistent pattern of family functioning, in which the caregiver has not met or sustained the basic needs of a child that results in harm to the child

Neglect that has resulted in a diagnosis for the child of failure to thrive

An act or failure to act by a parent that results in the death or near death of a child or sibling, serious physical or emotional harm; sexual abuse or sexual exploitation; or presents an imminent risk of serious harm to a child

Any other similar aggravating circumstance

Sexual Abuse/Exploitation
Citation: Ann. Stat. Tit. 10A, § 1-1-105

'Harm or threatened harm to a child's health or safety' includes, but is not limited to, sexual abuse or sexual exploitation.
'Sexual abuse' includes, but is not limited to, rape, incest, and lewd or indecent acts or proposals made to a child, as defined by law, by a person responsible for the child's health, safety, or welfare.

'Sexual exploitation' includes, but is not limited to:

Allowing, permitting, or encouraging a child to engage in prostitution, as defined by law, by a person responsible for the child's health, safety, or welfare

Allowing, permitting, encouraging, or engaging in the lewd, obscene, or pornographic photographing, filming, or depicting of a child in those acts by a person responsible for the child's health, safety, or welfare

Emotional Abuse
Citation: Ann. Stat. Tit. 10A, § 1-1-105

'Harm or threatened harm to a child's health or safety' includes, but is not limited to, mental injury.

Abandonment
Citation: Ann. Stat. Tit. 10A, § 1-1-105

'Abandonment' means:

The willful intent by words, actions, or omissions not to return for a child

The failure to maintain a significant parental relationship with a child through visitation or communication in which incidental or token visits or communication are not considered significant

The failure to respond to notice of deprived proceedings

Standards for Reporting
Citation: Ann. Stat. Tit. 10A, § 1-2-101

A report is required when a person has reason to believe that a child is a victim of abuse or neglect.

Persons Responsible for the Child
Citation: Ann. Stat. Tit. 10A, § 1-1-105

'Person responsible for a child's health, safety, or welfare' includes:

A parent, legal guardian, custodian, or foster parent

A person age 18 or older with whom the child's parent cohabits or any other adult residing in the home of the child

An agent or employee of a public or private residential home, institution, facility, or day treatment program or an owner, operator, or employee of a child care facility

Exceptions
Citation: Ann. Stat. Tit. 10A, § 1-1-105

Nothing contained in this act shall prohibit any parent, teacher, or other person from using ordinary force as a means of discipline, including, but not limited to, spanking, switching, or paddling.
A child is not considered abused or neglected for the sole reason that the parent, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child. Nothing contained in this paragraph shall prevent a court from immediately assuming custody of a child and ordering whatever action may be necessary, including medical treatment, to protect the child's health or welfare.

No medical treatment of a child with a disability shall be necessary if, in the reasonable medical judgment of the attending physician, such treatment would be futile in saving the life of the child.

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Immunity for Reporters of Child Abuse and Neglect

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Citation: Okla. Stat. Ann. Tit. 10A, § 1-2-104 (LexisNexis through 11-1-11)
Statute:
Any person who, in good faith and exercising due care, reports suspected child abuse or neglect, or who allows access to a child by persons authorized to investigate a report concerning the child, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report.
For purposes of any proceeding, civil or criminal, the good faith of any person in making a report pursuant to the provisions of § 1-2-101 of this title shall be presumed.

A child advocacy center that is accredited by the National Children's Alliance, and the employees thereof, who are acting in good faith and exercising due care shall have immunity from civil liability that may be incurred or imposed through participation in the investigation process and any judicial proceeding resulting from the investigation process.

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Mandatory Reporters of Child Abuse and Neglect

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Professionals Required to Report
Citation: Ann. Stat. Tit. 10A, § 1-2-101; Tit. 21, § 1021.4

Mandatory reporters include:

All persons

Commercial film and photographic print processors or computer technicians

Reporting by Other Persons
Citation: Ann. Stat. Tit. 10A, § 1-2-101

Every person who has reason to believe that a child is a victim of abuse or neglect must report.

Standards for Making a Report
Citation: Ann. Stat. Tit. 10A, § 1-2-101; Tit. 21, § 1021.4

A report is required when:

Any person has reason to believe that a child under age 18 is a victim of abuse or neglect.

A physician, surgeon, or other health-care professional, including doctors of medicine, licensed osteopathic physicians, residents, and interns, attends the birth of a child who tests positive for alcohol or a controlled dangerous substance.

A commercial film and photographic print processor or computer technician has knowledge of or observes any film, photograph, video-tape, negative, or slide depicting a child engaged in an act of sexual conduct.

Privileged Communications
Citation: Ann. Stat. Tit. 10A, § 1-2-101

No privilege shall relieve any person from the requirement to report.

Inclusion of Reporter's Name in Report
Not addressed in statutes reviewed.

Disclosure of Reporter Identity
Not addressed in statutes reviewed.

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Parental Drug Use as Child Abuse

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Citation: Okla. Stat. Ann. Tit. 10A, § 1-2-101 (LexisNexis through 2012 2nd Reg. Sess.)

Statute Text:

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 of Human Services.

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Penalties for Failure to Report and False Reporting of Child Abuse and Neglect

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Failure to Report Ann. Stat. Tit. 10A, § 1-2-101(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.

False Reporting Ann. Stat. Tit. 10A, § 1-2-101(D)
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.
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 $5,000 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 the first paragraph above or to any other remedy provided by law.

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Representation of Children in Child Abuse and Neglect Proceedings

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Making The Appointment
Citation: Ann. Stat. Tit. 10A, §§ 1-4-102; 1-4-306
If, in any proceeding concerning child custody or visitation, the evidence indicates that a child has been subject to abuse or neglect, the court shall appoint an attorney to represent the child for that proceeding and any related proceedings and may appoint a guardian ad litem (GAL) for the child as permitted by law.
The court may appoint an attorney or GAL for the child when an emergency custody hearing is held provided that when a petition is filed alleging the child to be deprived, the court shall appoint a separate attorney for the child, who shall not be a district attorney, regardless of any attempted waiver by the parent, legal guardian, or custodian of the child of the right of the child to be represented by counsel. The child's attorney shall be independent of and not selected by the district attorney, the child's parent, legal guardian, or custodian.

The court shall ensure that the child is represented by independent counsel throughout the pendency of the deprived action.

After a petition is filed, the court shall appoint a GAL upon the request of the child or the attorney of the child, and may appoint a GAL on its own motion or upon the request of the Department of Human Services, a licensed child-placing agency, or another party to the action.

A GAL shall not be a district attorney, an employee of the office of the district attorney, the child's attorney, an employee of the court, an employee of a juvenile bureau, or an employee of any public agency having duties or responsibilities for the child.

The Use of Court-Appointed Special Advocates (CASAs)
Citation: Ann. Stat. Tit. 10A, §§ 1-1-105; 1-4-306
A court-appointed special advocate (CASA) is a responsible adult volunteer who has been trained and is supervised by a CASA program recognized by the court, and when appointed by the court, serves as an officer of the court as a GAL.

A CASA program is an organized program, administered by either an independent, not-for-profit corporation; a dependent project of an independent, not-for-profit corporation; or a unit of local government that recruits, screens, trains, assigns, supervises, and supports volunteers to be available for appointment by the court as GALs.

When a CASA program is available to the court to provide a GAL, priority may be given to appointment of the CASA to serve as GAL for the child regardless of whether a GAL has been requested pursuant to the provisions of this subsection.

For purposes of the Oklahoma Children's Code, a CASA and a GAL shall have the same function except as otherwise provided by law. In like manner, a CASA, except as specifically otherwise provided by law or by the court, shall have the same power, duties, and responsibilities assigned to a GAL by law and shall have such other qualifications, duties, and responsibilities as may be prescribed by rule by the Supreme Court.

Qualifications/Training
Citation: Ann. Stat. Tit. 10A, § 1-4-306
On or before December 31, 2009, the Administrative Director of the Courts shall develop a standard operating manual for GALs that shall include, but not be limited to, legal obligations and responsibilities, information concerning child abuse, child development, domestic abuse, sexual abuse, and parent and child behavioral health and management including best practices. After publication of the manual, all GALs shall certify to the court in which he or she is appointed as a GAL that the manual has been read and all provisions contained therein are understood. The GAL shall also certify that he or she agrees to follow the best practices described within the standard operating manual. The Administrative Director of the Courts shall provide public access to the standard operating manual and shall periodically review and revise the manual as deemed necessary.

Specific Duties
Citation: Ann. Stat. Tit. 10A, § 1-4-306
The attorney appointed for the child shall make arrangements to meet with the child as soon as possible after receiving notification of the appointment. To the extent that a child is unable to express an interest, either because the child is preverbal, very young, or for any reason incapable of judgment and meaningful communication, the attorney shall substitute his or her judgment for that of the child and formulate and present a position that serves the best interests of the child. Such formulation must be accomplished through the use of objective criteria rather than solely the life experience or instinct of the attorney. The objective criteria shall include, but not be limited to:

A determination of the circumstances of the child through a full and efficient investigation

An assessment of the child at the time of the determination

An examination of all options in light of the permanency plans available to the child

Utilization of medical, mental health, and educational professionals; social workers; and other related experts

The attorney shall represent the child and any expressed interests of the child. The attorney shall make such further inquiry as the attorney deems necessary to ascertain the facts, to interview witnesses, examine and cross-examine witnesses, make recommendations to the court, and participate further in the proceedings to the degree appropriate for adequately representing the interests of the child.

The GAL shall be appointed to objectively advocate on behalf of the child and act as an officer of the court to investigate all matters concerning the best interests of the child. A GAL shall have the following responsibilities:

Review documents, reports, records, and other information relevant to the case; meet with and observe the child in appropriate settings; and interview parents, foster parents, health-care providers, child protective services workers, and any other person with knowledge relevant to the case

Advocate for the best interests of the child by participating in the case, attending any hearings in the matter, and advocating for appropriate services for the child when necessary

Monitor the best interests of the child throughout any judicial proceeding

Present written reports on the best interests of the child that include conclusions and recommendations and the facts upon which they are based

The GAL shall be given access to court and agency files and all documents, reports, records, and other information relevant to the case, including reports generated by service providers.

How the Representative Is Compensated
Citation: Ann. Stat. Tit. 10A, § 1-4-306
If financially capable, the parent, legal guardian, or custodian shall reimburse the Court Fund for the services of a court-appointed attorney for the child. The attorney shall be allowed a reasonable fee for such services as determined by the court.

When an attorney is required to travel to more than one district court location in order to represent a child or children whom the attorney has been court-appointed to represent, the court may in its discretion allow the attorney a reasonable reimbursement for mileage.

A CASA shall serve without compensation.

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Child Welfare

Determining the Best Interests of the Child

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Citation: Okla. Stat. Ann. Tit. 10A, § 1-1-102(A) (LexisNexis through 2012 2nd Reg. Sess.)

Statute Text:

For the purposes of the Oklahoma Children's Code, the legislature recognizes that:

Parents have a natural, legal, and moral right, as well as a duty, to care for and support their children, and such rights are protected by State and Federal laws as well as the Constitution. To that end, it is presumed that the best interests of a child are ordinarily served by leaving the child in the custody of the parents, who are expected to have the strongest bond of love and affection and to be best able to provide a child those needed qualities that make a child's life safe and secure. Nevertheless, this presumption may be rebutted where there is evidence of abuse and neglect or threat of harm.

A child has a right to be raised by the mother and father of the child as well as a right to be raised free from physical and emotional abuse or neglect. When it is necessary to remove a child from a parent, the child is entitled to a permanent home and to be placed in the least restrictive environment to meet the needs of the child.

Because the State has an interest in its present and future citizens as well as a duty to protect those who, because of age, are unable to protect themselves, it is the policy of this State to provide for the protection of children who have been abused or neglected and who may be further threatened by the conduct of persons responsible for the health, safety, and welfare of such children. To this end, where family circumstances threaten the safety of a child, the State's interest in the welfare of the child takes precedence over the natural right and authority of the parent to the extent that it is necessary to protect the child and assure that the best interests of the child are met.

Citation: Okla. Stat. Ann. Tit. 10A, § 1-1-102(C)-(E) (LexisNexis through 2012 2nd Reg. Sess.)

Statute Text:

Whenever it is necessary for a child to be placed outside the home pursuant to the Oklahoma Children's Code, it is the intent of the legislature that:

Each child shall be assured the care, guidance, and supervision in a permanent home or foster home that will serve the best interests of the child including, but not limited to, the development of the moral, emotional, spiritual, mental, social, educational, and physical well-being of the child.

When a child is placed in foster care, the foster parent shall be allowed to consider the child as part of the family.

Whenever possible, siblings shall be placed together, and when it is not possible, efforts shall be made to preserve the relationships through visitation and other methods of communication.

Permanent placement is achieved as soon as possible.

A foster parent has a recognizable interest in the familial relationship that the foster parent establishes with a foster child and shall therefore be considered an essential participant with regard to decisions related to the care, supervision, guidance, rearing, and other foster care services to the child.

It is the intent of the legislature that the paramount consideration in all proceedings within the Oklahoma Children's Code is the best interests of the child.

Citation: Okla. Stat. Ann. Tit. 10A, § 1-1-102(B) (LexisNexis through 2012 2nd Reg. Sess.)

Statute Text:

It is the intent of the legislature that the Oklahoma Children's Code provides the foundation and process for State intervention into the parent-child relationship whenever the circumstances of a family threaten the safety of a child and to properly balance the interests of the parties stated herein. To this end, it is the purpose of the laws relating to children alleged or found to be deprived to:

Intervene in the family only when necessary to protect a child from harm or threatened harm

Provide expeditious and timely judicial and agency procedures for the protection of the child

Preserve, unify, and strengthen the family ties of the child whenever possible when in the best interests of the child to do so

Recognize that the right to family integrity, preservation, or reunification is limited by the right of the child to be protected from abuse and neglect

Make reasonable efforts to prevent or eliminate the need for the removal of a child from the home and make reasonable efforts to return the child to the home unless otherwise prescribed by the Oklahoma Children's Code

Recognize that permanency is in the best interests of the child

Ensure that when family rehabilitation and reunification are not possible, the child will be placed in an adoptive home or other permanent living arrangement in a timely fashion

Secure for each child the permanency, care, education, and guidance as will best serve the spiritual, emotional, mental, and physical health, safety, and welfare of the child

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Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children

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What Are Reasonable Efforts
Citation: Ann. Stat. Tit. 10A, § 1-4-808
The court shall determine whether the nature and extent of services being provided to the child and the child's parent(s) are adequate to ensure the safety of the child and to protect the child from further physical, mental, or emotional harm, or to correct the conditions that led to the adjudication.

When Reasonable Efforts Are Required
Citation: Ann. Stat. Tit. 10A, §1-4-202
Reasonable efforts are required:

To prevent the removal of the child from the child's home

To provide for the safe return of the child to the child's own home

To place the child in a timely manner in accordance with the permanency plan when the court has determined that reasonable efforts to reunite the child with his or her family are not required

To place siblings, when they have been removed from home, together in the same foster care, guardianship, or adoptive placement

To provide for frequent visitation or other ongoing interaction in the case of siblings who have been removed and who are not placed together

When Reasonable Efforts Are NOT Required
Citation: Ann. Stat. Tit. 10A, § 1-4-809
Reasonable efforts are not required if the court finds, based upon a preponderance of the evidence, that:

The parent or legal guardian of the child who is an infant age 12 months or younger has abandoned the child.

The parent or legal guardian of the child has:

Committed murder or manslaughter of any child

Aided or abetted, attempted, conspired, or solicited to commit the murder or manslaughter of any child

Committed a felony assault upon any child that resulted in serious bodily injury

Subjected any child to aggravated circumstances, including, but not limited to, heinous and shocking abuse or neglect

The parental rights of a parent to the child's sibling have been terminated involuntarily.

The parent has been found by a court of competent jurisdiction to have committed sexual abuse against the child or another child of the parent.

The parent is required to register with a sex offender registry pursuant to § 113(a) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. § 16913(a)).

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If you believe a child is being abused or neglected, you have a legal responsibility to report it. Reports can be made at any time to the OKDHS Abuse and Neglect Hotline at 1-800-522-3511. The hotline is available 24 hours-a-day, 7 days-a-week.