Oklahoma Statutes
Title 10A. Children and Juvenile Code
§10A-1-6-105. Disclosure of certain information in cases of death or near-death of a child

A. When used in this section, unless the context otherwise requires:

1. "Abuse" means harm or 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, including but not limited to nonaccidental physical or mental injury, sexual abuse, or sexual exploitation. Provided, however, that nothing contained in this act shall prohibit any parent from using ordinary force as a means of discipline including, but not limited to, spanking, switching, or paddling;
2. "Identifying information" means information that identifies an individual, including the individual's:
3. "Near death" means a child is in serious or critical condition as verified by a physician, a registered nurse or other licensed health care provider. Verification of medical condition of a child may be given in person or by telephone, mail, electronic mail or facsimile;
4. "Neglect" means:
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 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; and
5. "Person responsible for a child" means "person responsible for a child's health, safety or welfare" as provided in Section 1-1-105 of this title but shall also include any person who has voluntarily accepted the duty of supervising a child or who has been directed or authorized to supervise a child by the person responsible for the child's health, safety or welfare.
B. Department of Human Services information shall be maintained by the Department as required by federal law as a condition of the allocation of federal monies to the state. All exceptions for the public release of Department information shall be construed as openly as possible consistent with federal law.
C. If the Department has reasonable cause to suspect that a child death or near death is the result of abuse or neglect, the Department shall notify the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives or their designees of the initial investigative findings of the child protective services review. Notice shall be communicated securely no later than twenty-four (24) hours after determination of the reasonable suspicion.
D. Once the Department has reasonable cause to suspect that a child death or near death is the result of abuse or neglect, the Department shall, upon request, release to the public the following information:
1. The age and sex of the child;
2. The date of death or near-death incident;
3. Whether the child was in the custody of the Department at the time of the child's death or near death;
4. Whether the child resided with the child's parent, guardian, or person responsible for the care of the child at the time of the child's death or near death; and
5. Whether the child was under the supervision of the child's parent, guardian or person responsible for the child at the time of the death or near death of the child.
E. If, after a child abuse or neglect investigation is completed, the Department determines a child's death or near death was the result of abuse or neglect, the Department shall, upon request, release to the public the following information:
1. The information described in subsection D of this section;
2. The name of the abused or neglected child; provided, that the name shall not be disclosed in a case of a near death unless the name has previously been disclosed;
3. The name of the offender if due process has been satisfied or if the offender has been arrested and charged with a crime associated with the death or near death of the child;
4. In cases in which the death or near death of the child occurred while the child was living with the child's parent, guardian, or person responsible for the care of the child:
5. In cases in which the death or near death of the child occurred while the child was in the custody of the Department and the person responsible for the supervision of the child was the suspected perpetrator, the following information:
F. If the Department is unable to release the information required by subsection E of this section before forty-five (45) days after receiving a report of the death or near death of a child, the Department shall notify the person requesting the information of the delay and provide the reason for the delay and the expected date the Department will release the report.
G. At any time subsequent to seven (7) days, but no more than forty-five (45) days, of the date the person responsible for the child has been criminally charged, the district attorney, the district court clerk, and the judge having jurisdiction over the case, upon request, shall release certain information to the public as follows:
1. The dates of any relevant judicial proceedings prior to the death or near death of the child;
2. Recommendations submitted by each participant in writing at the relevant judicial proceedings including recommendations made at the hearing as they relate to custody or placement of a child; and
3. The relevant rulings of the court.
H. 1. At any time subsequent to seven (7) days after the date the person responsible for the child has been criminally charged, the Oklahoma Commission on Children and Youth shall, upon request, release certain information to the public within sixty (60) days of the request as follows:
2. Specific recommendations made by the Commission described in any progress reports of a pending case submitted to the court may be disclosed by the Commission.
I. Unless specifically authorized by this section, any public disclosure of information pursuant to this section shall not:
1. Identify or provide any identifying information of any complainant or reporter of child abuse or neglect;
2. Identify or provide any identifying information of the victim, the child victim's siblings or other children living in the same household, the parent or other person responsible for the child, or any other member of the household, or the person criminally charged or Department employees, agents or contractors. Nonspecific descriptors, such as father, mother, stepparent, or sibling may be used; or
3. Violate other state or federal law as required pursuant to subsection A of Section 1-6-102 of this title.
J. Any and all statements, affirmations, gestures, or conduct expressing apology, sympathy, commiseration, condolence, compassion, sorrow or a general sense of benevolence which are made by the Department of Human Services or an employee of the Department to the public or to the family or foster parents of a child which relate solely to discomfort, pain, suffering, injury, tragedy, near death or death of a child shall be inadmissible as evidence of an admission of liability or wrongdoing or as evidence of an admission against interest.
Added by Laws 2007, c. 351, § 4, emerg. eff. June 4, 2007. Amended by Laws 2008, c. 293, § 3, emerg. eff. June 2, 2008; Laws 2009, c. 233, § 75, emerg. eff. May 21, 2009. Renumbered from § 7005-1.9 of Title 10 by Laws 2009, c. 233, § 272, emerg. eff. May 21, 2009. Amended by Laws 2011, c. 244, § 5, eff. Nov. 1, 2011; Laws 2012, c. 343, § 2, eff. Nov. 1, 2012; Laws 2014, c. 357, § 1, eff. Nov. 1, 2014; Laws 2015, c. 54, § 1, emerg. eff. April 10, 2015.
Note: Laws 2014, c. 355, § 5 repealed by Laws 2015, c. 54, § 2, emerg. eff. April 10, 2015.

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