SB 633

                     An Act
ENROLLED SENATE
BILL NO. 633  By: Gollihare of the Senate
                                                and
                                        Hilbert of the House
       An Act relating to children; amending 10A O.S. 2021,
       Sections 1-1-105, as last amended by Section 22 of
       Enrolled Senate Bill No. 2184 of the 2nd Session of
       the 60th Oklahoma Legislature, and 1-2-102, as
       amended by Section 2, Chapter 26, O.S.L. 2025 (10A
       O.S. Supp. 2025, Section 1-2-102), which relates to
       the Oklahoma Children's Code; enacting Leo's Law;
       modifying term; requiring that safety analysis be
       conducted in certain circumstances; providing that
       the Department of Human Services shall attempt to
       acquire consent for drug screening for certain
       individuals; directing the Department to notify a
       district attorney within certain amount of time;
       mandating that all drug screenings include fentanyl
       testing; providing when drug testing shall occur;
       directing the Department of Human Services to make
       referral to law enforcement agency in certain
       circumstances; directing the Department to promulgate
       rules by certain date; providing that the court may
       direct certain individuals to pay for drug testing;
       providing exception; creating the Child Welfare
       Fentanyl Testing Revolving Fund; providing purpose;
       directing the Department to provide annual report;
       providing information report shall contain; amending
       21 O.S. 2021, Section 852.1, as last amended by
       Section 23 of Enrolled Senate Bill No. 1627 of the
       2nd Session of the 60th Oklahoma Legislature, which
       relates to child endangerment; modifying what
       constitutes child endangerment; providing definition;
       providing for fines and penalties; appropriating
       funds; providing that the requirements of this act be
         carried out within existing appropriations and
         designated funds; providing for noncodification;
         providing for codification; and providing an
         effective date.
SUBJECT:   Oklahoma Children’s Code
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
    SECTION 1.     NEW LAW     A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
    This act shall be known and may be cited as "Leo's Law".
    SECTION 2.     AMENDATORY     10A O.S. 2021, Section 1-1-105, as
last amended by Section 22 of Enrolled Senate Bill No. 2184 of the
2nd Session of the 60th Oklahoma Legislature, is amended to read as
follows:
    Section 1-1-105. When used in the Oklahoma Children's Code,
unless the context otherwise requires:
    1.   "Abandonment" means:
           a.   the willful intent by words, actions, or omissions not
                to return for a child,
           b.   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, or
           c.   the failure to respond to notice of deprived
                proceedings;
    2. "Abuse" means 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,
ENR. S. B. NO. 633  Page 2
nonaccidental physical or mental injury, sexual abuse, or sexual
exploitation. Provided, however, that nothing contained in the
Oklahoma Children's Code shall prohibit any parent from using
ordinary force as a means of discipline including, but not limited
to, spanking, switching, or paddling.
        a.   "Harm or threatened harm to the health, safety, or
             welfare 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.
        b.   "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 health, safety, or welfare of the child.
        c.   "Sexual exploitation" includes but is not limited to
             allowing, permitting, encouraging, or forcing a child
             to engage in prostitution, as defined by law, by any
             person eighteen (18) years of age or older or by a
             person responsible for the health, safety, or welfare
             of a child, or allowing, permitting, encouraging, or
             engaging in the lewd, obscene, or pornographic, as
             defined by law, photographing, filming, or depicting
             of a child in those acts by a person responsible for
             the health, safety, and welfare of the child;
    3. "Adjudication" means a finding by the court that the
allegations in a petition alleging that a child is deprived are
supported by a preponderance of the evidence;
    4. "Adjudicatory hearing" means a hearing by the court as
provided by Section 1-4-601 of this title;
   5.   "Age-appropriate or developmentally appropriate" means:
        a.   activities or items that are generally accepted as
             suitable for children of the same age or level of
             maturity or that are determined to be developmentally
             appropriate for a child, based on the development of
ENR. S. B. NO. 633  Page 3
             cognitive, emotional, physical, and behavioral
             capacities that are typical for an age or age group,
             and
        b.   in the case of a specific child, activities or items
             that are suitable for that child based on the
             developmental stages attained by the child with
             respect to the cognitive, emotional, physical, and
             behavioral capacities of the specific child.
    In the event that any age-related activities have implications
relative to the academic curriculum of a child, nothing in this
paragraph shall be construed to authorize an officer or employee of
the federal government to mandate, direct, or control a state or
local educational agency, or the specific instructional content,
academic achievement standards and assessments, curriculum, or
program of instruction of a school;
    6. "Assessment" means a comprehensive review of child safety
and evaluation of family functioning and protective capacities that
is conducted in response to a child abuse or neglect referral that
does not allege a serious and immediate safety threat to a child;
    7. "Behavioral health" means mental health, substance abuse, or
co-occurring mental health and substance abuse diagnoses, and the
continuum of mental health, substance abuse, or co-occurring mental
health and substance abuse treatment;
    8. "Child" means any unmarried person under eighteen (18) years
of age;
    9. "Child advocacy center" means a center and the
multidisciplinary child abuse team of which it is a member that is
accredited by the National Children's Alliance or that is completing
a sixth year of reaccreditation. Child advocacy centers shall be
classified, based on the child population of a district attorney's
district, as follows:
        a.   nonurban centers in districts with child populations
             that are less than sixty thousand (60,000), and
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        b.   mid-level nonurban centers in districts with child
             populations equal to or greater than sixty thousand
             (60,000), but not including Oklahoma and Tulsa
             Counties;
    10. "Child with a disability" means any child who has a
physical or mental impairment which substantially limits one or more
of the major life activities of the child, or who is regarded as
having such an impairment by a competent medical professional;
    11. "Child-placing agency" means an agency that arranges for or
places a child in a foster family home, family-style living program,
group home, adoptive home, or a successful adulthood program;
    12. "Children's emergency resource center" means a community-
based program that may provide emergency care and a safe and
structured homelike environment or a host home for children
providing food, clothing, shelter and hygiene products to each child
served; after-school tutoring; counseling services; life-skills
training; transition services; assessments; family reunification;
respite care; transportation to or from school, doctors'
appointments, visitations and other social, school, court or other
activities when necessary; and a stable environment for children in
crisis who are in custody of the Department of Human Services if
permitted under the Department's policies and regulations, or who
have been voluntarily placed by a parent or custodian during a
temporary crisis;
    13. "Community-based services" or "community-based programs"
means services or programs which maintain community participation or
supervision in their planning, operation, and evaluation.
Community-based services and programs may include, but are not
limited to, emergency shelter, crisis intervention, group work, case
supervision, job placement, recruitment and training of volunteers,
consultation, medical, educational, home-based services, vocational,
social, preventive and psychological guidance, training, counseling,
early intervention and diversionary substance abuse treatment,
sexual abuse treatment, transitional living, independent living, and
other related services and programs;
    14. "Concurrent permanency planning" means, when indicated, the
implementation of two plans for a child entering foster care. One
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plan focuses on reuniting the parent and child; the other seeks to
find a permanent out-of-home placement for the child with both plans
being pursued simultaneously;
    15. "Court-appointed special advocate" or "CASA" means a
responsible adult volunteer who has been trained and is supervised
by a court-appointed special advocate program recognized by the
court, and when appointed by the court, serves as an officer of the
court in the capacity as a guardian ad litem;
    16. "Court-appointed special advocate program" means 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, which recruits,
screens, trains, assigns, supervises and supports volunteers to be
available for appointment by the court as guardians ad litem;
    17. "Custodian" means an individual other than a parent, legal
guardian or Indian custodian, to whom legal custody of the child has
been awarded by the court. As used in this title, the term
custodian shall not mean the Department of Human Services;
    18. "Day treatment" means a nonresidential program which
provides intensive services to a child who resides in the child's
own home, the home of a relative, a group home, a foster home, or a
residential child care facility. Day treatment programs include,
but are not limited to, educational services;
   19.   "Department" means the Department of Human Services;
    20. "Dependency" means a child who is homeless or without
proper care or guardianship through no fault of his or her parent,
legal guardian, or custodian;
   21.   "Deprived child" means a child:
         a.   who is for any reason destitute, homeless, or
              abandoned,
         b.   who does not have the proper parental care or
              guardianship,
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        c.   who has been abused or neglected or is dependent,
        d.   whose home is an unfit place for the child by reason
             of depravity on the part of the parent or legal
             guardian of the child, or other person responsible for
             the health or welfare of the child,
        e.   who is a child in need of special care and treatment
             because of the child's physical or mental condition,
             and the child's parents, legal guardian, or other
             custodian is unable or willfully fails to provide such
             special care and treatment. As used in this
             paragraph, a child in need of special care and
             treatment includes, but is not limited to, a child who
             at birth tests positive for alcohol or a controlled
             dangerous substance and who, pursuant to a drug or
             alcohol screen of the child and an assessment of the
             parent, is determined to be at risk of harm or
             threatened harm to the health, safety, or welfare of a
             child,
        f.   who is a child with a disability deprived of the
             nutrition necessary to sustain life or of the medical
             treatment necessary to remedy or relieve a life-
             threatening medical condition in order to cause or
             allow the death of the child if such nutrition or
             medical treatment is generally provided to similarly
             situated children without a disability or children
             with disabilities; provided that no medical treatment
             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,
        g.   who, due to improper parental care and guardianship,
             is absent from school as specified in Section 10-106
             of Title 70 of the Oklahoma Statutes, if the child is
             subject to compulsory school attendance,
        h.   whose parent, legal guardian or custodian for good
             cause desires to be relieved of custody,
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        i.   who has been born to a parent whose parental rights to
             another child have been involuntarily terminated by
             the court and the conditions which led to the making
             of the finding, which resulted in the termination of
             the parental rights of the parent to the other child,
             have not been corrected, or
        j.   whose parent, legal guardian, or custodian has
             subjected another child to abuse or neglect or has
             allowed another child to be subjected to abuse or
             neglect and is currently a respondent in a deprived
             proceeding.
    Nothing in the Oklahoma Children's Code shall be construed to
mean a child is deprived for the sole reason the parent, legal
guardian, or person having custody or control of a child, 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.
    Evidence of material, educational or cultural disadvantage as
compared to other children shall not be sufficient to prove that a
child is deprived; the state shall prove that the child is deprived
as defined pursuant to this title.
    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;
    22. "Dispositional hearing" means a hearing by the court as
provided by Section 1-4-706 of this title;
    23. "Drug-endangered child" means a child who is exposed, or is
at risk of being exposed, to fentanyl or fentanyl analogs through
possession, use, distribution, manufacture, or cultivation by a
person responsible for the health, safety, or welfare of the child,
or a child who is at risk of suffering physical, psychological or
sexual harm as a result of the use, possession, distribution,
manufacture or cultivation of controlled substances, or the attempt
of any of these acts, by a person responsible for the health, safety
ENR. S. B. NO. 633  Page 8
or welfare of the child, as defined in this section. This term
includes circumstances wherein the substance abuse of the person
responsible for the health, safety or welfare of the child
interferes with that person's ability to parent and provide a safe
and nurturing environment for the child;
    24. "Emergency custody" means the custody of a child prior to
adjudication of the child following issuance of an order of the
district court pursuant to Section 1-4-201 of this title or
following issuance of an order of the district court pursuant to an
emergency custody hearing, as specified by Section 1-4-203 of this
title;
    25. "Facility" means a place, an institution, a building or
part thereof, a set of buildings, or an area whether or not
enclosing a building or set of buildings used for the lawful custody
and treatment of children;
    26. "Failure to protect" means failure to take reasonable
action to remedy or prevent child abuse or neglect, and includes the
conduct of a nonabusing parent or guardian who knows the identity of
the abuser or the person neglecting the child, but lies, conceals or
fails to report the child abuse or neglect or otherwise take
reasonable action to end the abuse or neglect;
    27. "Family-style living program" means a residential program
providing sustained care and supervision to residents in a homelike
environment not located in a building used for commercial activity;
    28. "Foster care" or "foster care services" means continuous
twenty-four-hour care and supportive services provided for a child
in foster placement including, but not limited to, the care,
supervision, guidance, and rearing of a foster child by the foster
parent;
    29. "Foster family home" means the private residence of a
foster parent who provides foster care services to a child. Such
term shall include a nonkinship foster family home, a therapeutic
foster family home, or the home of a relative or other kinship care
home;
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    30. "Foster parent eligibility assessment" includes a criminal
background investigation including, but not limited to, a national
criminal history records search based upon the submission of
fingerprints, home assessments, and any other assessment required by
the Department of Human Services, the Office of Juvenile Affairs, or
any child-placing agency pursuant to the provisions of the Oklahoma
Child Care Facilities Licensing Act;
    31. "Guardian ad litem" means a person appointed by the court
pursuant to the provisions of Section 1-4-306 of this title having
those duties and responsibilities as set forth in that section. The
term guardian ad litem shall refer to a court-appointed special
advocate as well as to any other person appointed pursuant to the
provisions of Section 1-4-306 of this title to serve as a guardian
ad litem;
    32. "Guardian ad litem of the estate of the child" means a
person appointed by the court to protect the property interests of a
child pursuant to Section 1-8-108 of this title;
    33. "Group home" means a residential facility licensed by the
Department to provide full-time care and community-based services
for more than five but fewer than thirteen children;
    34. "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;
    35. "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.   a substantial risk of death,
        b.   extreme physical pain,
        c.   protracted disfigurement,
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            d.   a loss or impairment of the function of a body member,
                 organ, or mental faculty,
            e.   an injury to an internal or external organ or the
                 body,
            f.   a bone fracture,
            g.   sexual abuse or sexual exploitation,
            h.   chronic abuse including, but not limited to, physical,
                 emotional, or sexual abuse, or sexual exploitation
                 which is repeated or continuing,
            i.   torture that includes, but is 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 or for the purpose
                 of satisfying the craven, cruel, or prurient desires
                 of the perpetrator or another person, or
            j.   any other similar aggravated circumstance;
      36.   "Heinous and shocking neglect" includes, but is not limited
to:
            a.   chronic neglect that includes, but is not limited to,
                 a persistent pattern of family functioning in which
                 the caregiver has not met or sustained the basic needs
                 of a child which results in harm to the child,
            b.   neglect that has resulted in a diagnosis of the child
                 as a failure to thrive,
            c.   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, or
            d.   any other similar aggravating circumstance;
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    37. "Individualized service plan" means a document written
pursuant to Section 1-4-704 of this title that has the same meaning
as "service plan" or "treatment plan" where those terms are used in
the Oklahoma Children's Code;
    38. "Infant" means a child who is twelve (12) months of age or
younger;
    39. "Institution" means a residential facility offering care
and treatment for more than twenty residents;
   40.   a.   "Investigation" means a response to an allegation of
              abuse or neglect that involves a serious and immediate
              threat to the safety of the child, making it necessary
              to determine:
              (1)    the current safety of a child and the risk of
                     subsequent abuse or neglect, and
              (2)    whether child abuse or neglect occurred and
                     whether the family needs prevention- and
                     intervention-related services.
         b.   Investigation results in a written response stating
              one of the following findings:
              (1)    "substantiated" means the Department has
                     determined, after an investigation of a report of
                     child abuse or neglect and based upon some
                     credible evidence, that child abuse or neglect
                     has occurred. When child abuse or neglect is
                     substantiated, the Department may recommend:
                     (a)   court intervention if the Department finds
                           the health, safety, or welfare of the child
                           is threatened, or
                     (b)   child abuse and neglect prevention- and
                           intervention-related services for the child,
                           parents or persons responsible for the care
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                         of the child if court intervention is not
                         determined to be necessary,
             (2)     "unsubstantiated" means the Department has
                     determined, after an investigation of a report of
                     child abuse or neglect, that insufficient
                     evidence exists to fully determine whether child
                     abuse or neglect has occurred. If child abuse or
                     neglect is unsubstantiated, the Department may
                     recommend, when determined to be necessary, that
                     the parents or persons responsible for the care
                     of the child obtain child abuse and neglect
                     prevention- and intervention-related services, or
             (3)     "ruled out" means a report in which a child
                     protective services specialist has determined,
                     after an investigation of a report of child abuse
                     or neglect, that no child abuse or neglect has
                     occurred;
    41. "Kinship care" means full-time care of a child by a kinship
relation;
    42. "Kinship guardianship" means a permanent guardianship as
defined in this section;
    43. "Kinship relation" or "kinship relationship" means
relatives, stepparents, or other responsible adults who have a bond
or tie with a child or to whom has been ascribed a family
relationship role with the child's parents or the child; provided,
however, in cases where the Indian Child Welfare Act applies, the
definitions contained in 25 U.S.C., Section 1903 shall control;
    44. "Mental health facility" means a mental health or substance
abuse treatment facility as defined by the Inpatient Mental Health
and Substance Abuse Treatment of Minors Act;
    45. "Minor" means the same as the term child as defined in this
section;
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    46. "Minor in need of treatment" means a child in need of
mental health or substance abuse treatment as defined by the
Inpatient Mental Health and Substance Abuse Treatment of Minors Act;
    47. "Multidisciplinary child abuse team" means any team
established pursuant to Section 1-9-102 of this title of three or
more persons who are trained in the prevention, identification,
investigation, prosecution, and treatment of physical and sexual
child abuse and who are qualified to facilitate a broad range of
prevention- and intervention-related services and services related
to child abuse. For purposes of this definition, "freestanding"
means a team not used by a child advocacy center for its
accreditation;
    48. "Near death" means a child is in serious or critical
condition, as certified by a physician, as a result of abuse or
neglect;
   49.   a.   "Neglect" means:
              (1)    the failure or omission to provide any of the
                     following:
                     (a)   adequate nurturance and affection, food,
                           clothing, shelter, sanitation, hygiene, or
                           appropriate education,
                     (b)   medical, dental, or behavioral health care,
                     (c)   supervision or appropriate caretakers to
                           protect the child from harm or threatened
                           harm of which any reasonable and prudent
                           person responsible for the child's health,
                           safety or welfare would be aware, or
                     (d)   special care made necessary for the child's
                           health and safety by the physical or mental
                           condition of the child,
              (2)    the failure or omission to protect a child from
                     exposure to any of the following:
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                     (a)   the use, possession, sale, or manufacture of
                           illegal drugs,
                     (b)   illegal activities, or
                     (c)   sexual acts or materials that are not age-
                           appropriate, or
             (3)     abandonment.
        b.   Neglect shall not mean a child who engages in
             independent activities, except if the person
             responsible for the child's health, safety or welfare
             willfully disregards any harm or threatened harm to
             the child, given the child's level of maturity,
             physical condition or mental abilities. Such
             independent activities include but are not limited to:
             (1)     traveling to and from school including by
                     walking, running or bicycling,
             (2)     traveling to and from nearby commercial or
                     recreational facilities,
             (3)     engaging in outdoor play,
             (4)     remaining at home unattended for a reasonable
                     amount of time,
             (5)     remaining in a vehicle if the temperature inside
                     the vehicle is not or will not become dangerously
                     hot or cold, except under the conditions
                     described in Section 11-1119 of Title 47 of the
                     Oklahoma Statutes, or
             (6)     engaging in similar activities alone or with
                     other children.
Nothing in this paragraph shall be construed to mean a child is
abused or neglected for the sole reason the parent, legal guardian
or person having custody or control of a child, in good faith,
selects and depends upon spiritual means alone through prayer, in
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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,
pursuant to the Oklahoma Children's Code, and ordering whatever
action may be necessary, including medical treatment, to protect the
child's health or welfare;
    50. "Permanency hearing" means a hearing by the court pursuant
to Section 1-4-811 of this title;
    51. "Permanent custody" means the court-ordered custody of an
adjudicated deprived child when a parent-child relationship no
longer exists due to termination of parental rights or due to the
death of a parent or parents;
    52. "Permanent guardianship" means a judicially created
relationship between a child, a kinship relation of the child, or
other adult established pursuant to the provisions of Section 1-4-
709 of this title;
    53. "Person responsible for a child's health, safety, or
welfare" includes a parent; a legal guardian; custodian; a foster
parent; a person eighteen (18) years of age or older with whom the
child's parent cohabitates 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 as
defined in Section 175.20 of Title 10 of the Oklahoma Statutes; or
an owner, operator, or employee of a child care facility as defined
by Section 402 of Title 10 of the Oklahoma Statutes;
    54. "Plan of safe care" means a plan developed for an infant
with Neonatal Abstinence Syndrome or a Fetal Alcohol Spectrum
Disorder upon release from the care of a health care provider that
addresses the health and substance use treatment needs of the infant
and mother or caregiver;
    55. "Protective custody" means custody of a child taken by a
law enforcement officer or designated employee of the court without
a court order;
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    56. "Putative father" means an alleged father as that term is
defined in Section 7700-102 of Title 10 of the Oklahoma Statutes;
    57.   "Qualified residential treatment program" means a program
that:
          a.   has a trauma-informed treatment model that is designed
               to address the needs including clinical needs as
               appropriate, of children with serious emotional or
               behavioral disorders or disturbances and, with respect
               to a child, is able to implement the treatment
               identified for the child from a required assessment,
          b.   has registered or licensed nursing staff and other
               licensed clinical staff who:
               (1)   provide care within the scope of their practice
                     as defined by the laws of this state,
               (2)   are on-site according to the treatment model
                     referred to in subparagraph a of this paragraph,
                     and
               (3)   are available twenty-four (24) hours a day and
                     seven (7) days a week,
          c.   to the extent appropriate, and in accordance with the
               child's best interest, facilitates participation of
               family members in the child's treatment program,
          d.   facilitates outreach to the family members of the
               child including siblings, documents how the outreach
               is made including contact information, and maintains
               contact information for any known biological family of
               the child,
          e.   documents how family members are integrated into the
               treatment process for the child including post-
               discharge, and how sibling connections are maintained,
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        f.   provides discharge planning and family-based aftercare
             support for at least six (6) months post-discharge,
             and
        g.   is licensed and accredited by any of the following
             independent, not-for-profit organizations:
             (1)     the Commission on Accreditation of Rehabilitation
                     Facilities (CARF),
             (2)     the Joint Commission,
             (3)     the Council on Accreditation (COA), or
             (4)     any other federally approved independent, not-
                     for-profit accrediting organization;
    58. "Reasonable and prudent parent standard" means the standard
characterized by careful and sensible parental decisions that
maintain the health, safety, and best interests of a child while at
the same time encouraging the emotional and developmental growth of
the child. This standard shall be used by the child's caregiver
when determining whether to allow a child to participate in
extracurricular, enrichment, cultural, and social activities. For
purposes of this definition, the term "caregiver" means a foster
parent with whom a child in foster care has been placed, a
representative of a group home where a child has been placed or a
designated official for a residential child care facility where a
child in foster care has been placed;
    59. "Relative" means a grandparent, great-grandparent, brother
or sister of whole or half blood, aunt, uncle or any other person
related to the child;
    60. "Residential child care facility" means a twenty-four-hour
residential facility where children live together with or are
supervised by adults who are not their parents or relatives;
    61. "Review hearing" means a hearing by the court pursuant to
Section 1-4-807 of this title;
ENR. S. B. NO. 633  Page 18
    62. "Risk" means the likelihood that an incident of child abuse
or neglect will occur in the future;
    63. "Safety threat" means the threat of serious harm due to
child abuse or neglect occurring in the present or in the very near
future and without the intervention of another person, a child would
likely or in all probability sustain severe or permanent disability
or injury, illness, or death;
    64. "Safety analysis" means action taken by the Department in
response to a report of alleged child abuse or neglect that may
include an assessment or investigation based upon an analysis of the
information received according to priority guidelines and other
criteria adopted by the Department;
    65. "Safety evaluation" means evaluation of a child's situation
by the Department using a structured, evidence-based tool to
determine if the child is subject to a safety threat;
    66. "Secure facility" means a facility which is designed and
operated to ensure that all entrances and exits from the facility
are subject to the exclusive control of the staff of the facility,
whether or not the juvenile being detained has freedom of movement
within the perimeter of the facility, or a facility which relies on
locked rooms and buildings, fences, or physical restraint in order
to control behavior of its residents;
    67. "Sibling" means a biologically or legally related brother
or sister of a child. This includes an individual who satisfies at
least one of the following conditions with respect to a child:
        a.   the individual is considered by state law to be a
             sibling of the child, or
        b.   the individual would have been considered a sibling
             under state law but for a termination or other
             disruption of parental rights, such as the death of a
             parent;
    68. "Specialized foster care" means foster care provided to a
child in a foster home or agency-contracted home which:
ENR. S. B. NO. 633  Page 19
        a.   has been certified by the Developmental Disabilities
             Services Division of the Department of Human Services,
        b.   is monitored by the Division, and
        c.   is funded through the Home and Community-Based Waiver
             Services Program administered by the Division;
    69. "Successful adulthood program" means a program specifically
designed to assist a child to enhance those skills and abilities
necessary for successful adult living. A successful adulthood
program may include, but shall not be limited to, such features as
minimal direct staff supervision, and the provision of supportive
services to assist children with activities necessary for finding an
appropriate place of residence, completing an education or
vocational training, obtaining employment, or obtaining other
similar services;
    70. "Temporary custody" means court-ordered custody of an
adjudicated deprived child;
    71. "Therapeutic foster family home" means a foster family home
which provides specific treatment services, pursuant to a
therapeutic foster care contract, which are designed to remedy
social and behavioral problems of a foster child residing in the
home;
    72. “Third party” means any nonkin individual who is not
related to the child by blood, marriage, or legal adoption;
    73. “Time-limited reunification services” means reunification
services provided only during the period of fifteen (15) months that
begins on the date the child is considered to have entered foster
care;
    74. “Trafficking in persons” means sex trafficking or severe
forms of trafficking in persons as described in Section 7102 of
Title 22 of the United States Code:
        a.   “sex trafficking” means the recruitment, harboring,
             transportation, provision, obtaining, patronizing or
ENR. S. B. NO. 633  Page 20
             soliciting of a person for the purpose of a commercial
             sex act, and
        b.   “severe forms of trafficking in persons” means:
             (1)     sex trafficking in which a commercial sex act is
                     induced by force, fraud, or coercion, or in which
                     the person induced to perform such act has not
                     attained eighteen (18) years of age, or
             (2)     the recruitment, harboring, transportation,
                     provision, obtaining, patronizing or soliciting
                     of a person for labor or services, through the
                     use of force, fraud, or coercion for the purpose
                     of subjection to involuntary servitude, peonage,
                     debt bondage, or slavery;
    75. “Transitional living program” means a residential program
that may be attached to an existing facility or operated solely for
the purpose of assisting children to develop the skills and
abilities necessary for successful adult living. The program may
include, but shall not be limited to, reduced staff supervision,
vocational training, educational services, employment and employment
training, and other appropriate independent living skills training
as a part of the transitional living program; and
    76. “Voluntary foster care placement” means the temporary
placement of a child by the parent, legal guardian or custodian of
the child in foster care pursuant to a signed placement agreement
between the Department or a child-placing agency and the child’s
parent, legal guardian or custodian.
    SECTION 3.     AMENDATORY     10A O.S. 2021, Section 1-2-102, as
amended by Section 2, Chapter 26, O.S.L. 2025 (10A O.S. Supp. 2025,
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, neglected or drug-endangered, the Department of Human
Services shall conduct a safety analysis.
ENR. S. B. NO. 633  Page 21
    2. The Department may employ or contract with active or retired
social work, medical and law enforcement professionals who shall be
strategically placed throughout the state to:
        a.   provide investigation support and to assist
             caseworkers with assessment decisions and intervention
             activities,
        b.   serve as consultants to caseworkers in all aspects of
             their duties, and
        c.   designate persons who shall act as liaisons within the
             Department whose primary functions are to develop
             relationships with local law enforcement agencies and
             courts.
    3. 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.
    4. The Department shall determine the military status of
parents whose children are subject to abuse or neglect. If the
Department determines that a parent or guardian is currently serving
on active duty in the United States military, the Department shall
notify a United States Department of Defense family advocacy program
that there is an investigation into the parent or guardian. The
Department shall forward a report of its assessment or investigation
and findings to the appropriate military law enforcement entity.
    5. Whenever the Department determines there is a child that
meets the definition of a "drug-endangered child", as defined in
Section 1-1-105 of this title, or a child has been diagnosed with
fetal alcohol syndrome and the referral is accepted for
investigation, the Department shall conduct an investigation of the
allegations and shall not limit the evaluation of the circumstances
to an assessment.
    6. Whenever the Department determines an infant has been
diagnosed with Neonatal Abstinence Syndrome or a Fetal Alcohol
Spectrum Disorder, but the referral is not accepted for
investigation, the Department shall develop a plan of safe care that
ENR. S. B. NO. 633  Page 22
addresses both the infant and affected family member or caregiver.
The plan of safe care shall address, at a minimum, the health and
substance use treatment needs of the infant and affected family
member or caregiver.
    B. 1. If the Department determines that a child meets the
definition of a "drug-endangered child", and the referral is
accepted for investigation, the Department shall conduct a safety
analysis and shall attempt to acquire consent for an immediate drug
screening for any parent, guardian, or caregiver, including, but not
limited to, methamphetamine production or use, opioid exposure, or
any indication of fentanyl presence. If the parent, guardian, or
caregiver refuses to consent to a drug screening and substance use
is suspected or confirmed following a safety analysis, the
Department shall notify a district attorney within seventy-two (72)
hours to request a court order compelling the parent, guardian, or
caregiver to submit to a drug screening. If the parent, guardian,
or caregiver refuses to consent to a drug screening and the court
orders the parent, guardian, or caregiver to submit to a drug
screening, the court shall also order such parent, guardian, or
caregiver to pay the drug screening cost. All drug screenings shall
include mandatory fentanyl testing.
    2. For any case in which a child is determined to be drug-
endangered, drug testing shall occur:
        a.   at intake for investigations,
        b.   as part of ongoing monitoring in any open deprived
             case where drug use or drug endangerment is at issue,
             and
        c.   prior to any reunification.
    3. If, upon receipt of a report alleging that a child is drug-
endangered, the Department determines that drug activity is
indicated or that the child meets the definition of a "drug-
endangered 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.
ENR. S. B. NO. 633  Page 23
    C. 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, in writing, to the
appropriate local law enforcement agency for the purpose of
conducting a possible criminal investigation. The Department shall
maintain a record of its transmission of each report to law
enforcement.
    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 to assist in the investigation. If funds
             and personnel are available, as determined by the
             Director of the Department or a designee, the
             Department may assist law enforcement in interviewing
             children alleged to be victims of physical or sexual
             abuse.
ENR. S. B. NO. 633  Page 24
    3. If, upon receipt of a report alleging abuse or neglect or
during the assessment or investigation, the Department determines
that the alleged abuse or neglect of the child involves:
        a.   a child in the custody of the Office of Juvenile
             Affairs, and
        b.   at the time of the alleged abuse or neglect, such
             child was placed in a secure facility operated by the
             Office of Juvenile Affairs, as defined by Section 2-1-
             103 of this title,
the Department shall immediately make a referral, either verbally or
in writing, to the appropriate law enforcement agency for the
purpose of conducting a possible criminal investigation. After
making the referral to the law enforcement agency, the Department
shall not be responsible for further investigation.
    C. D. 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, other than a child in the custody of the Office of Juvenile
Affairs and placed in an Office of Juvenile Affairs secure juvenile
facility, 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.
    D. E. If, upon receipt of a report alleging abuse or neglect,
the Department determines that the family has been the subject of a
deprived petition, the Department shall conduct a thorough
investigation of the allegations and shall not limit the evaluation
of the circumstances to an assessment. In addition, if the family
has been the subject of three or more referrals, the Department
shall conduct a thorough investigation of the allegations and shall
not limit the evaluation of the circumstances to an assessment.
ENR. S. B. NO. 633  Page 25
    E. F. For the purposes of this section, "law enforcement" shall
include military law enforcement if the subject of an investigation
of abuse or neglect is currently serving in any branch of the United
States military.
    F. G. The Department shall promulgate rules by January 1, 2027,
to implement the provisions of this section.
    SECTION 4.     NEW LAW     A new section of law to be codified
in the Oklahoma Statutes as Section 10A of Title 1-4-717, unless
there is created a duplication in numbering, reads as follows:
    A. The court may order the family, or a member of the family, a
guardian, or a caregiver who is subject to fentanyl testing under
this act to pay drug testing costs.
    B. The Department of Human Services shall cover the cost when
the individual:
    1.   Is enrolled in a state or federal voucher program;
    2.   Receives qualifying public assistance; or
    3.   Demonstrates financial hardship via affidavit.
    SECTION 5.     NEW LAW     A new section of law to be codified
in the Oklahoma Statutes as Section 10A of Title 1-4-718, unless
there is created a duplication in numbering, reads as follows:
    A. There is hereby created in the State Treasury a revolving
fund for the Department of Human Services to be designated the
"Child Welfare Fentanyl Testing Revolving Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of all proceeds from the fifty-dollar fee imposed pursuant
to paragraph 2 of subsection D of Section 852.1 of Title 21 of the
Oklahoma Statutes. All monies accruing to the credit of the fund
are hereby appropriated and may be budgeted and expended by the
Department for the purpose of offsetting drug testing costs of the
Department. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
ENR. S. B. NO. 633  Page 26
law with the Director of the Office of Management and Enterprise
Services for approval and payment.
    B. The Department of Human Services shall electronically submit
an annual report by December 31 to the Speaker of the House of
Representatives and the President Pro Tempore of the Senate that
includes, but is not limited to, testing volumes, costs, positive
rates, and fund balance, including impacts on child safety outcomes.
    SECTION 6.     AMENDATORY     21 O.S. 2021, Section 852.1, as
last amended by Section 23 of Enrolled Senate Bill No. 1627 of the
2nd Session of the 60th Oklahoma Legislature, is amended to read as
follows:
    Section 852.1. A. A person who is the parent, guardian, or
person having custody or control over a child as defined in Section
1-1-105 of Title 10A of the Oklahoma Statutes, commits child
endangerment when the person:
   1.   Knowingly permits physical or sexual abuse of a child;
    2. Knowingly permits a child to be present at a location where
a controlled dangerous substance is being manufactured or attempted
to be manufactured as defined in Section 2-101 of Title 63 of the
Oklahoma Statutes;
    3. Knowingly and willfully permits or causes a child under
eighteen (18) years of age to be placed in a situation where the
life, health, or safety of the child is endangered as described in
subsection B of this section;
    4. Knowingly permits a child to be present in a vehicle when
the person knows or should have known that the operator of the
vehicle is impaired by or is under the influence of alcohol or
another intoxicating substance; or
    4. 5. Is the driver, operator, or person in physical control of
a vehicle in violation of Section 11-902 of Title 47 of the Oklahoma
Statutes or impaired while transporting or having in the vehicle
such child or children.
ENR. S. B. NO. 633  Page 27
    However, it is an affirmative defense to this paragraph if the
person had a reasonable apprehension that any action to stop the
physical or sexual abuse or deny permission for the child to be in
the vehicle with an intoxicated person would result in substantial
bodily harm to the person or the child.
    Nothing in this subsection shall prohibit the prosecution of a
person pursuant to the provisions of Section 11-902 or 11-904 of
Title 47 of the Oklahoma Statutes.
    B. "Endangerment" includes, but is not limited to, exposing a
child to fentanyl or fentanyl analogs through possession, use,
distribution, manufacture, or cultivation.
    C. The provisions of this section shall not apply to any
parent, guardian or other person having custody or control of a
child for the sole reason that the parent, guardian or other person
in good faith selects and depends upon spiritual means or prayer for
the treatment or cure of disease or remedial care for such child.
This subsection shall in no way limit or modify the protections
afforded said child in Section 852 of this title or Section 1-4-904
of Title 10A of the Oklahoma Statutes.
    C. D. 1. Any person convicted of violating any provision of
this section shall be guilty of a Class B6 felony offense punishable
by imprisonment in the custody of the Department of Corrections for
a term of not more than four (4) years, or by a fine not exceeding
Five Thousand Dollars ($5,000.00), or by both such fine and
imprisonment.
    2. If fentanyl was present or detected in the endangerment that
led to the conviction, the person convicted shall be guilty of a
felony punishable by imprisonment in the custody of the Department
of Corrections for a term not to exceed five (5) years, or by a fine
not to exceed Five Thousand Dollars ($5,000.00), or by both such
imprisonment and fine. Such person shall also pay a mandatory fee
of Fifty Dollars ($50.00) to the State Treasury to be deposited in
the Child Welfare Fentanyl Testing Revolving Fund created in Section
5 of this act.
    SECTION 7. There is hereby appropriated to the Child Welfare
Fentanyl Testing Revolving Fund created in Section 5 of this act
ENR. S. B. NO. 633  Page 28
from any monies not otherwise appropriated from the General Revenue
Fund of the State Treasury for the fiscal year ending June 30, 2027,
the sum of One Million Two Hundred Twenty Thousand Dollars
($1,220,000.00) or so much thereof as may be necessary to carry out
the provisions of this act.
    SECTION 8.     NEW LAW     A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
    The requirements of this act shall be carried out within
existing appropriations and designated funds, including the Child
Welfare Fentanyl Testing Revolving Fund created in Section 5 of this
act, and shall not require the Department of Human Services to
create new data systems or hire additional full-time employees.
    SECTION 9.   This act shall become effective January 1, 2027.
ENR. S. B. NO. 633  Page 29
   Passed the Senate the 14th day of May, 2026.
                                      Presiding Officer of the Senate
   Passed the House of Representatives the 7th day of May, 2026.
                                       Presiding Officer of the House
                                                   of Representatives
                         OFFICE OF THE GOVERNOR
   Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
   Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
                                     _________________________________
                                     Governor of the State of Oklahoma
                     OFFICE OF THE SECRETARY OF STATE
   Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________
ENR. S. B. NO. 633  Page 30