STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1425	By:	Walker

AS INTRODUCED

An Act relating to children; amending 10 O.S. 2001, Section 7003-1.1, as last amended by Section 1, Chapter 278, O.S.L. 2010, and as renumbered by Section 213, Chapter 233, O.S.L. 2009 (10A O.S. Supp. 2010, Section 1-2-102), which relates to assessment and investigations of child abuse; modifying investigation procedures; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     10 O.S. 2001, Section 7003-1.1, as last amended by Section 1, Chapter 278, O.S.L. 2010, and as renumbered by Section 213, Chapter 233, O.S.L. 2009 (10A O.S. Supp. 2010, Section 1-2-102), is amended to read as follows:
Section 1-2-102.  A.  1.  Upon receipt of a report that a child may be abused or neglected, the Department of Human Services shall conduct a safety analysis.
2.  The Department shall forward a report of its assessment or investigation and findings to any district attorney's office which may have jurisdiction to file a petition pursuant to Section 1-4-101 of this title.
B.  1.  If, upon receipt of a report alleging abuse or neglect or during the assessment or investigation, the Department determines that:
a.	the alleged perpetrator is someone other than a person responsible for the child's health, safety, or welfare, and
b.	the alleged abuse or neglect of the child does not appear to be attributable to failure on the part of a person responsible for the child's health, safety, or welfare to provide protection for the child,
the Department shall immediately make a referral, either verbally or in writing, to the appropriate local law enforcement agency for the purpose of conducting a possible criminal investigation.
2.  After making the referral to the law enforcement agency, the Department shall not be responsible for further investigation unless:
a.	the Department has reason to believe the alleged perpetrator is a parent of another child, not the subject of the criminal investigation, or is otherwise a person responsible for the health, safety, or welfare of another child,
b.	notice is received from a law enforcement agency that it has determined the alleged perpetrator is a parent of or a person responsible for the health, safety, or welfare of another child not the subject of the criminal investigation, or
c.	the appropriate law enforcement agency requests the Department, in writing, to participate in the investigation.  If funds and personnel are available, as determined by the Director of the Department or a designee, the Department may shall assist law enforcement in interviewing children alleged to be victims of physical or sexual abuse.
C.  1.  Any law enforcement agency receiving a referral as provided in this section shall provide the Department with a copy of the report of any investigation resulting from a referral from the Department.
2.  Whenever, in the course of any criminal investigation, a law enforcement agency determines that there is cause to believe that a child may be abused or neglected by reason of the acts, omissions, or failures on the part of a person responsible for the health, safety, or welfare of the child, the law enforcement agency shall immediately contact the Department for the purpose of an investigation.
SECTION 2.  This act shall become effective November 1, 2011.

53-1-5789	GRS	01/11/11