{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-1150.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-1150.2","heading":"Child Death Review Board - Creation - Powers and duties","body":"- Meetings and discussions - Annual report.\n\nA. There is hereby re-created until July 1, 2026, in accordance\n\nwith the Oklahoma Sunset Law, the Child Death Review Board within\n\nthe Oklahoma Commission on Children and Youth. The Board shall have\n\nthe power and duty to:\n\n1. Conduct case reviews of deaths and near deaths of children\n\nin this state;\n\n2. Develop accurate statistical information and identification\n\nof deaths of children due to abuse and neglect;\n\n3. Improve the ability to provide protective services to the\n\nsurviving siblings of a child or children who die of abuse or\n\nneglect and who may be living in a dangerous environment;\n\n4. Improve policies, procedures and practices within the\n\nagencies that serve children including the child protection system;\n\n5. Enter into agreements with regional teams established by the\n\nBoard to carry out such duties and responsibilities as the Board\n\nshall designate including assigned cases in the geographical area\n\nfor that regional team. The Commission, with the advice of the\n\nBoard, shall promulgate rules necessary for the implementation of\n\nthe provisions of this paragraph; and\n\n6. Enter into agreements with other state, local, or private\n\nentities as necessary to carry out the duties of the Board\n\nincluding, but not limited to, conducting joint reviews with the\n\nDomestic Violence Fatality Review Board on domestic violence cases\n\ninvolving child death or child near-death incidents.\n\nB. In carrying out its duties and responsibilities the Board\n\nshall:\n\n1. Establish criteria for cases involving the death or near\n\ndeath of a child subject to specific, in-depth review by the Board.\n\nAs used in this section, the term \"near death\" means a child is in\n\nserious or critical condition, as certified by a physician, as a\n\nresult of abuse or neglect;\n\n2. Conduct a specific case review of those cases where the\n\ncause of death or near death is or may be related to abuse or\n\nneglect of a child;\n\n3. Establish and maintain statistical information related to\n\nthe deaths and near deaths of children including, but not limited\n\nto, demographic and medical diagnostic information;\n\n4. Establish procedures for obtaining initial information\n\nregarding near deaths of children from the Department of Human\n\nServices and law enforcement agencies;\n\n5. Review the policies and procedures of the child protection\n\nsystem and make specific recommendations to the entities comprising\n\nthe system as to actions necessary for improvement;\n\n6. Review the extent to which the state child protection system\n\nis coordinated with foster care and adoption programs and evaluate\n\nwhether the state is efficiently discharging its child protection\n\nresponsibilities under the federal Child Abuse Prevention and\n\nTreatment Act State Plan;\n\n7. As necessary and appropriate, for the protection of the\n\nsiblings of a child who dies and whose siblings are deemed to be\n\nliving in a dangerous environment, refer specific cases to the\n\nDepartment of Human Services or the appropriate district attorney\n\nfor further investigation;\n\n8. Request and obtain a copy of all records and reports\n\npertaining to a child whose case is under review including, but not\n\nlimited to:\n\na. the report of the medical examiner,\n\nb. hospital records,\n\nc. school records,\n\nd. court records,\n\ne. prosecutorial records,\n\nf. local, state, and federal law enforcement records\n\nincluding, but not limited to, the Oklahoma State\n\nBureau of Investigation (OSBI),\n\ng. fire department records,\n\nh. State Department of Health records including birth\n\ncertificate records,\n\ni. medical and dental records,\n\nj. Department of Mental Health and Substance Abuse\n\nServices and other mental health records,\n\nk. emergency medical service records,\n\nl. files of the Department of Human Services, and\n\nm. records in the possession of the Domestic Violence\n\nFatality Review Board when conducting a joint review\n\npursuant to paragraph 6 of subsection A of this\nrth\n\ncertificate records,\n\ni. medical and dental records,\n\nj. Department of Mental Health and Substance Abuse\n\nServices and other mental health records,\n\nk. emergency medical service records,\n\nl. files of the Department of Human Services, and\n\nm. records in the possession of the Domestic Violence\n\nFatality Review Board when conducting a joint review\n\npursuant to paragraph 6 of subsection A of this\n\nsection.\n\nConfidential information provided to the Board shall be\n\nmaintained in a confidential manner as required by state and federal\n\nlaw. Any person damaged by disclosure of such information by the\n\nBoard, its regional teams or their members, not authorized by law,\n\nmay maintain an action for damages, costs and attorney fees;\n\n9. Maintain all confidential information, documents and records\n\nin possession of the Board as confidential and not subject to\n\nsubpoena or discovery in any civil or criminal proceedings;\n\nprovided, however, information, documents and records otherwise\n\navailable from other sources shall not be exempt from subpoena or\n\ndiscovery through those sources solely because such information,\n\ndocuments and records were presented to or reviewed by the Board;\n\n10. Conduct reviews of specific cases of deaths and near deaths\n\nof children and request the preparation of additional information\n\nand reports as determined to be necessary by the Board including,\n\nbut not limited to, clinical summaries from treating physicians,\n\nchronologies of contact, and second-opinion autopsies;\n\n11. Report, if recommended by a majority vote of the Board, to\n\nthe President Pro Tempore of the Senate and the Speaker of the House\n\nof Representatives any gross neglect of duty by any state officer or\n\nstate employee, or any problem within the child protective services\n\nsystem discovered by the Board while performing its duties;\n\n12. Recommend, when appropriate, amendment of the cause or\n\nmanner of death listed on the death certificate; and\n\n13. Subject to the approval of the Commission, exercise all\n\nincidental powers necessary and proper for the implementation and\n\nadministration of the Child Death Review Board Act.\n\nC. The review and discussion of individual cases of death or\n\nnear death of a child shall be conducted in executive session and in\n\ncompliance with the confidentiality requirements of Section 1-6-102\n\nof Title 10A of the Oklahoma Statutes. All other business shall be\n\nconducted in accordance with the provisions of the Oklahoma Open\n\nMeeting Act. All discussions of individual cases and any writings\n\nproduced by or created for the Board and recommended by the Board,\n\nas the result of a review of an individual case of the death or near\n\ndeath of a child, shall be privileged and shall not be admissible in\n\nevidence in any proceeding. The Board shall periodically conduct\n\nmeetings to discuss organization and business matters and any\n\nactions or recommendations aimed at improvement of the child\n\nprotection system which shall be subject to the Oklahoma Open\n\nMeeting Act. Part of any meeting of the Board may be specifically\n\ndesignated as a business meeting of the Board subject to the\n\nOklahoma Open Meeting Act.\n\nD. 1. The Board shall submit an annual statistical report on\n\nthe incidence and causes of death and near death of children in this\n\nstate for which the Board has completed its review during the past\n\ncalendar year, including its recommendations, to the Oklahoma\n\nCommission on Children and Youth on or before May 1 of each year.\n\nThe Board shall also prepare and make available to the public, on an\n\nannual basis, a report containing a summary of the activities of the\n\nBoard relating to the review of deaths and near deaths of children,\n\nthe extent to which the state child protection system is coordinated\n\nwith foster care and adoption programs, and an evaluation of whether\n\nthe state is efficiently discharging its child protection\nard shall also prepare and make available to the public, on an\n\nannual basis, a report containing a summary of the activities of the\n\nBoard relating to the review of deaths and near deaths of children,\n\nthe extent to which the state child protection system is coordinated\n\nwith foster care and adoption programs, and an evaluation of whether\n\nthe state is efficiently discharging its child protection\n\nresponsibilities. The report shall be completed no later than\n\nDecember 31 of each year.\n\n2. The Commission shall review the report of the Board and, as\n\nappropriate, incorporate the findings and recommendations into the\n\nState Plan for Services to Children and Youth.","path":["OK Code","Title 10"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"4180601cd4c4ec015afe8d416e4681566ece9b30aecbdbe4dfd709c24e210308","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-1150.1","next":"us-ok/okla.-stat.-tit.-10-10-1150.2a"},"notice":"GroundRules: Original legal text. Not legal advice."}