SB 1774

1STATE OF OKLAHOMA
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22nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1774  By: Frix
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6AS INTRODUCED
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7An Act relating to child custody; amending 10A O.S.
72021, Section 1-2-105, which relates to
8investigations of child abuse or neglect; authorizing
8district courts to place a child in temporary
9emergency custody in certain circumstance; and
9providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13     SECTION 1.       AMENDATORY        10A O.S. 2021, Section 1-2-105, is
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14 amended to read as follows:
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15     Section 1-2-105.    A.   1.    Any county office of the Department of
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16 Human Services receiving a child abuse or neglect report shall
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17 promptly respond to the report by initiating an investigation of the
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18 report or an assessment of the family in accordance with priority
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19 guidelines established by the Department.  The Department may
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20 prioritize reports of alleged child abuse or neglect based on the
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21 severity and immediacy of the alleged harm to the child.  The
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22 Department shall adopt a priority system pursuant to rules
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23 promulgated by the Department.        The primary purpose of the
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24 investigation or assessment shall be the protection of the child.
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Req. No. 3235  Page 1
1 For investigations or assessments, the Department shall give special
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2 consideration to the risks of any minor, including a child with a
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3 disability, who is unable to communicate effectively about abuse,
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4 neglect or other safety threat or who is in a vulnerable position
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5 due to the inability to communicate effectively.
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6     2.   If an investigation or assessment conducted by the
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7 Department in response to any report of child abuse or neglect shows
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8 that the incident reported was the result of the reasonable exercise
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9 of parental discipline involving the use of ordinary force,
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10 including, but not limited to, spanking, switching, or paddling, the
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11 investigation or assessment will proceed no further and all records
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12 regarding the incident shall be expunged.
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13     B.   1.   The investigation or assessment shall include a visit to
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14 the home of the child, unless there is reason to believe that there
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15 is an extreme safety risk to the child or worker or it appears that
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16 the referral has been made in bad faith.    The visit shall include an
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17 interview with and examination of the subject child and may be
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18 conducted at any reasonable time and at any place including, but not
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19 limited to, the child’s school.    The Department shall notify the
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20 person responsible for the health, safety, and welfare of the child
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21 that the child has been interviewed at a school.    The investigation
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22 or assessment may include an interview with the parents of the child
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23 or any other person responsible for the health, safety, or welfare
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24 of the child and an interview with and examination of any child in
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Req. No. 3235  Page 2
1 the home.    If a parent refuses to cooperate with the Department in
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2 its investigation, the Department shall immediately notify the
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3 district attorney’s office of the refusal and a district court may
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4 order the child to be placed in temporary emergency custody for up
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5 to seventy-two (72) hours while the investigation is being
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6 conducted.
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7    2.   The investigation or assessment may include a medical,
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8 psychological, or psychiatric examination of any child in the home,
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9 and may include an interview conducted by appropriate personnel
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10 using the protocols and procedures specified in Section 1-9-102 of
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11 this title.     If admission to the home, school, or any place where
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12 the child may be located cannot be obtained, then the district court
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13 having jurisdiction, upon application by the district attorney and
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14 upon cause shown, shall order the person responsible for the health,
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15 safety, or welfare of the child, or the person in charge of any
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16 place where the child may be located, to allow entrance for the
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17 interview, the examination, and the investigation or assessment.
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18 The court may order that the child be transported to a location
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19 approved by the court for the interview or examination and designate
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20 an appropriate person or persons to transport the child.     Such
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21 persons may include but are not limited to:     a relative of the
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22 child; a person responsible for the child’s health, safety, or
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23 welfare; law enforcement personnel; employees of the Department of
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24 Human Services; or employees of the Office of Juvenile Affairs if
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Req. No. 3235  Page 3
1 the child is in the custody of the Office of Juvenile Affairs.     When
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2 making this determination, the court shall consider safety protocols
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3 based on the gender of the child.     If the person responsible for the
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4 health, safety, or welfare of the child does not consent to a
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5 medical, psychological, or psychiatric examination of the child that
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6 is requested by the Department, the district court having
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7 jurisdiction, upon application by the district attorney and upon
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8 cause shown, shall order the examination to be made at the times and
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9 places designated by the court.
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10     3.   The investigation or assessment may include an inquiry into
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11 the possibility that the child or a person responsible for the
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12 health, safety, or welfare of the child has a history of mental
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13 illness.    If the person responsible for the child’s health, safety,
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14 or welfare does not allow the Department to have access to
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15 behavioral health records or treatment plans requested by the
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16 Department, which may be relevant to the alleged abuse or neglect,
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17 the district court having jurisdiction, upon application by the
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18 district attorney and upon good cause shown, shall by order allow
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19 the Department to have access to the records pursuant to terms and
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20 conditions prescribed by the court.
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21     4.     a.   If the court determines that the subject of the
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22behavioral health records is indigent, the court shall
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23appoint an attorney to represent that person at the
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24hearing to obtain behavioral health records.
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1b.     A person responsible for the health, safety, or
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2welfare of the child is entitled to notice and a
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3hearing when the Department seeks a court order to
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4allow a psychological or psychiatric examination or
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5access to behavioral health records.
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6c.     Access to behavioral health records does not
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7constitute a waiver of confidentiality.
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8     5.   The investigation of a report of sexual abuse or serious
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9 physical abuse or both sexual abuse and serious physical abuse shall
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10 be conducted, when appropriate and possible, using a
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11 multidisciplinary team approach as provided by Section 1-9-102 of
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12 this title.     Law enforcement and the Department shall exchange
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13 investigation information.
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14     6.   The investigation or assessment shall include an inquiry
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15 into whether the person responsible for the health, safety or
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16 welfare of the child is an active duty service member of the
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17 military or the spouse of an active duty service member.       The
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18 Department shall collect and report information related to the
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19 military affiliation of the person or spouse responsible for the
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20 health, safety or welfare of the child to the designated federal
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21 authorities at the federal military installation where the service
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22 member is assigned as provided by paragraph 4 of subsection A of
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23 Section 1-2-102 of this title.
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1     C.   1.     Every physician, surgeon, or other health care provider
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2 making a report of abuse or neglect as required by this section or
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3 examining a child to determine the likelihood of abuse or neglect
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4 and every hospital or related institution in which the child was
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5 examined or treated shall provide copies of the results of the
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6 examination or copies of the examination on which the report was
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7 based and any other clinical notes, x-rays, photographs, and other
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8 previous or current records relevant to the case to law enforcement
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9 officers conducting a criminal investigation into the case and to
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10 employees of the Department conducting an assessment or
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11 investigation of alleged abuse or neglect in the case.
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12     2.   As necessary in the course of conducting an assessment or
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13 investigation, the Department may request and obtain, without a
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14 court order, copies of all prior medical records of a child
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15 including, but not limited to, hospital records, medical, and dental
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16 records.      The physician-patient privilege shall not constitute
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17 grounds for failure to produce such records.
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18     D.   1.     The Department shall engage in a collaborative decision-
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19 making process to address each child’s needs related to safety and
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20 whether the child’s condition warrants a safety intervention
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21 including but not limited to a change in placement, and:
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22a.    those involved in the collaborative decision-making
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23process shall include at a minimum appropriate
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1Department staff, the parents of the child and, if the
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2parent requests, an advocate or representative,
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3b.     to protect the safety of those involved and to promote
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4efficiency, the Department may limit participants as
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5determined to be in the best interests of the child,
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6c.     the Department shall make reasonable efforts to
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7provide a trained facilitator to guide the decision-
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8making process, and
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9d.     any determination that a collaborative decision-making
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10process is not possible or is unnecessary shall
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11require supervisor approval and documentation of the
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12reasons supporting the determination.
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13     2.   If, before the assessment or investigation is complete, the
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14 Department determines that immediate removal of the child is
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15 necessary to protect the child from further abuse or neglect, the
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16 Department shall recommend that the child be taken into custody and,
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17 if feasible, utilize the collaborative decision-making process
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18 provided by paragraph 1 of this subsection prior to the emergency
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19 custody hearing.
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20     E.   The Department shall make a complete written report of the
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21 investigation.   The investigation report, together with its
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22 recommendations, shall be submitted to the appropriate district
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23 attorney’s office.    Reports of assessment recommendations shall be
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24 submitted to appropriate district attorneys.
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1    F.   The Department, where appropriate and in its discretion,
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2 shall identify prevention- and intervention-related services
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3 available in the community and refer the family to or arrange for
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4 such services when an investigation or assessment indicates the
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5 family would benefit from such services, or the Department may
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6 provide such services directly.   The Department shall document in
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7 the record its attempts to provide, refer or arrange for the
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8 provision of voluntary services and shall determine within sixty
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9 (60) days whether the family has accessed those services directly
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10 related to safety of the child.   If the family refuses voluntary
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11 services or does not access those services directly related to
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12 safety of the child, and it is determined by the Department that the
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13 child’s surroundings endanger the health, safety, or welfare of the
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14 child, the Department may recommend that the child be placed in
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15 protective or emergency custody or that a petition be filed.
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16    G.   If the Department has reason to believe that a person
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17 responsible for the health, safety, and welfare of the child may
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18 remove the child from the state before the investigation is
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19 completed, the Department may request the district attorney to file
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20 an application for a temporary restraining order in any district
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21 court in the State of Oklahoma without regard to continuing
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22 jurisdiction of the child.   Upon cause shown, the court may enter a
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23 temporary restraining order prohibiting the parent or other person
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1 from removing the child from the state pending completion of the
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2 assessment or investigation.
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3     H.   The Director of the Department or designee may request an
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4 investigation be conducted by the Oklahoma State Bureau of
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5 Investigation or other law enforcement agency in cases where it
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6 reasonably believes that criminally injurious conduct including, but
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7 not limited to, physical or sexual abuse of a child has occurred.
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8     I.   Child Welfare Services, in collaboration with the
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9 Developmental Disabilities Services Division, shall implement a
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10 protocol to be used in cases where the subject child is a child with
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11 a disability who has complex medical needs, and the protocol shall
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12 include, but not be limited to:    resource coordination, medical
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13 consultation or medical evaluation, when needed.
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14     SECTION 2.   This act shall become effective November 1, 2026.
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16     60-2-3235      BLB  1/14/2026 4:32:46 PM
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