{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-6-105","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-6-105","heading":"Disclosure of certain information in cases of death","body":"or near-death of a child\n\nA. When used in this section, unless the context otherwise\n\nrequires:\n\n1. \"Abuse\" means harm or threatened harm or failure to protect\n\nfrom harm or threatened harm to the health, safety, or welfare of a\n\nchild by a person responsible for the child, including but not\n\nlimited to nonaccidental physical or mental injury, sexual abuse, or\n\nsexual exploitation. Provided, however, that nothing contained in\n\nthis act shall prohibit any parent from using ordinary force as a\n\nmeans of discipline including, but not limited to, spanking,\n\nswitching, or paddling;\n\n2. \"Identifying information\" means information that identifies\n\nan individual, including the individual's:\n\na. name, address, date of birth, occupation, place of\n\nemployment and telephone number,\n\nb. employer identification number, mother's maiden name,\n\nSocial Security number, or any identification number\n\nissued by a governmental entity, or\n\nc. unique biometric data, including the fingerprints,\n\nvoice print, or retina or iris image of the\n\nindividual;\n\n3. \"Near death\" means a child is in serious or critical\n\ncondition as verified by a physician, a registered nurse or other\n\nlicensed health care provider. Verification of medical condition of\n\na child may be given in person or by telephone, mail, electronic\n\nmail or facsimile;\n\n4. \"Neglect\" means:\n\na. the failure or omission to provide any of the\n\nfollowing:\n\n(1) adequate nurturance and affection, food,\n\nclothing, shelter, sanitation, hygiene, or\n\nappropriate education,\n\n(2) medical, dental, or behavioral health care,\n\n(3) supervision or appropriate caretakers, or\n\n(4) special care made necessary by the physical or\n\nmental condition of the child,\n\nb. the failure or omission to protect a child from\n\nexposure to any of the following:\n\n(1) the use, possession, sale, or manufacture of\n\nillegal drugs,\n\n(2) illegal activities, or\n\n(3) sexual acts or materials that are not age-\n\nappropriate, or\n\nc. abandonment.\n\nNothing in this paragraph shall be construed to mean a child is\n\nabused or neglected for the sole reason the parent, legal guardian\n\nor person having custody or control of a child, in good faith,\n\nselects and depends upon spiritual means alone through prayer, in\n\naccordance with the tenets and practice of a recognized church or\n\nreligious denomination, for the treatment or cure of disease or\n\nremedial care of such child. Nothing contained in this paragraph\n\nshall prevent a court from immediately assuming custody of a child,\n\npursuant to the Oklahoma Children's Code, and ordering whatever\n\naction may be necessary, including medical treatment, to protect the\n\nchild's health or welfare; and\n\n5. \"Person responsible for a child\" means \"person responsible\n\nfor a child's health, safety or welfare\" as provided in Section 1-1-\n\n105 of this title but shall also include any person who has\n\nvoluntarily accepted the duty of supervising a child or who has been\n\ndirected or authorized to supervise a child by the person\n\nresponsible for the child's health, safety or welfare.\n\nB. Department of Human Services information shall be maintained\n\nby the Department as required by federal law as a condition of the\n\nallocation of federal monies to the state. All exceptions for the\n\npublic release of Department information shall be construed as\n\nopenly as possible consistent with federal law.\n\nC. If the Department has reasonable cause to suspect that a\n\nchild death or near death is the result of abuse or neglect, the\n\nDepartment shall notify the Governor, the President Pro Tempore of\n\nthe Senate and the Speaker of the House of Representatives or their\n\ndesignees of the initial investigative findings of the child\n\nprotective services review. Notice shall be communicated securely\n\nno later than twenty-four (24) hours after determination of the\n\nreasonable suspicion.\nr death is the result of abuse or neglect, the\n\nDepartment shall notify the Governor, the President Pro Tempore of\n\nthe Senate and the Speaker of the House of Representatives or their\n\ndesignees of the initial investigative findings of the child\n\nprotective services review. Notice shall be communicated securely\n\nno later than twenty-four (24) hours after determination of the\n\nreasonable suspicion.\n\nD. Once the Department has reasonable cause to suspect that a\n\nchild death or near death is the result of abuse or neglect, the\n\nDepartment shall, upon request, release to the public the following\n\ninformation:\n\n1. The age and sex of the child;\n\n2. The date of death or near-death incident;\n\n3. Whether the child was in the custody of the Department at\n\nthe time of the child's death or near death;\n\n4. Whether the child resided with the child's parent, guardian,\n\nor person responsible for the care of the child at the time of the\n\nchild's death or near death; and\n\n5. Whether the child was under the supervision of the child's\n\nparent, guardian or person responsible for the child at the time of\n\nthe death or near death of the child.\n\nE. If, after a child abuse or neglect investigation is\n\ncompleted, the Department determines a child's death or near death\n\nwas the result of abuse or neglect, the Department shall, upon\n\nrequest, release to the public the following information:\n\n1. The information described in subsection D of this section;\n\n2. The name of the abused or neglected child; provided, that\n\nthe name shall not be disclosed in a case of a near death unless the\n\nname has previously been disclosed;\n\n3. The name of the offender if due process has been satisfied\n\nor if the offender has been arrested and charged with a crime\n\nassociated with the death or near death of the child;\n\n4. In cases in which the death or near death of the child\n\noccurred while the child was living with the child's parent,\n\nguardian, or person responsible for the care of the child:\n\na. the circumstances of the death or near death of the\n\nchild,\n\nb. a summary of the child's involvement with the\n\nDepartment while the child was living with the parent,\n\nguardian, or person responsible for the care of the\n\nchild,\n\nc. the disposition of any report created as a result of\n\nthe child's involvement with the Department while the\n\nchild was living with the parent, guardian, or person\n\nresponsible for the care of the child,\n\nd. a description of the services, if any, that were\n\nprovided by the Department as a result of the child's\n\ninvolvement with the Department while the child was\n\nliving with the parent, guardian, or person\n\nresponsible for the care of the child,\n\ne. the results of any risk or safety assessment completed\n\nby the Department relating to the child,\n\nf. the date each report was assessed and completed,\n\ng. whether the Department confirmed abuse or neglect,\n\nh. whether any reports were referred to the district\n\nattorney and the date of the referrals,\n\ni. the dates of any judicial proceedings prior to the\n\ndeath or near death of the child,\n\nj. a summary of the recommendations submitted by each\n\nparticipant at the judicial proceedings including\n\nrecommendations made at the hearing as they relate to\n\ncustody or placement of the child,\n\nk. the rulings of the court,\n\nl. specific recommendations made and services rendered by\n\nthe Department described in any progress reports of a\n\npending case submitted to the court,\n\nm. a summary of the status of the child's case at the\n\ntime of the death or near death, including, without\n\nlimitation, whether the child's case was closed by the\n\nDepartment before the death or near death,\n\nn. similar information for any other investigations\n\nconcerning that child, or other children while living\n\nin the same household,\n\no. a summary of statutory and policy violations,\n\nincluding notice of any personnel actions taken by the\n\nDepartment, and\nf the death or near death, including, without\n\nlimitation, whether the child's case was closed by the\n\nDepartment before the death or near death,\n\nn. similar information for any other investigations\n\nconcerning that child, or other children while living\n\nin the same household,\n\no. a summary of statutory and policy violations,\n\nincluding notice of any personnel actions taken by the\n\nDepartment, and\n\np. recommendations for policy changes or practice\n\nimprovements based upon the interactions between the\n\nDepartment, the child who died or nearly died and the\n\nperson responsible for the care of the child; and\n\n5. In cases in which the death or near death of the child\n\noccurred while the child was in the custody of the Department and\n\nthe person responsible for the supervision of the child was the\n\nsuspected perpetrator, the following information:\n\na. the circumstances of the death or near death of the\n\nchild,\n\nb. information regarding the certification of the person\n\nwith whom the child was residing at the time of death\n\nor near death,\n\nc. a summary of any previous reports of abuse or neglect\n\ninvestigated by the Department relating to the person\n\nresponsible for the supervision of the child,\n\nincluding the disposition of any investigation\n\nresulting from a report,\n\nd. any policy violations, including notice of any action\n\ntaken by the Department regarding a violation,\n\ne. records of any training completed by the person\n\nresponsible for the supervision of the child,\n\nf. similar information for any other investigations\n\nconcerning that child, or other children while living\n\nin the same household,\n\ng. a summary of licensing actions taken by the\n\nDepartment, and\n\nh. recommendations for policy changes or practice\n\nimprovements based upon the interactions between the\n\nDepartment and the child who died or nearly died.\n\nF. If the Department is unable to release the information\n\nrequired by subsection E of this section before forty-five (45) days\n\nafter receiving a report of the death or near death of a child, the\n\nDepartment shall notify the person requesting the information of the\n\ndelay and provide the reason for the delay and the expected date the\n\nDepartment will release the report.\n\nG. At any time subsequent to seven (7) days, but no more than\n\nforty-five (45) days, of the date the person responsible for the\n\nchild has been criminally charged, the district attorney, the\n\ndistrict court clerk, and the judge having jurisdiction over the\n\ncase, upon request, shall release certain information to the public\n\nas follows:\n\n1. The dates of any relevant judicial proceedings prior to the\n\ndeath or near death of the child;\n\n2. Recommendations submitted by each participant in writing at\n\nthe relevant judicial proceedings including recommendations made at\n\nthe hearing as they relate to custody or placement of a child; and\n\n3. The relevant rulings of the court.\n\nH. 1. At any time subsequent to seven (7) days after the date\n\nthe person responsible for the child has been criminally charged,\n\nthe Oklahoma Commission on Children and Youth shall, upon request,\n\nrelease certain information to the public within sixty (60) days of\n\nthe request as follows:\n\na. a confirmation shall be provided by the Commission as\n\nto whether a report of suspected child abuse or\n\nneglect has been made concerning the alleged victim or\n\nother children while living in the same household and\n\nwhether an investigation has begun,\n\nb. confirmation shall be provided by the Commission as to\n\nwhether previous reports of suspected child abuse or\n\nneglect have been made concerning the alleged victim\n\nof the death or near death or against the person\n\nresponsible for the child and the dates thereof, a\n\nsummary of those previous reports, the dates and\n\noutcome of any investigations or actions taken by the\nn investigation has begun,\n\nb. confirmation shall be provided by the Commission as to\n\nwhether previous reports of suspected child abuse or\n\nneglect have been made concerning the alleged victim\n\nof the death or near death or against the person\n\nresponsible for the child and the dates thereof, a\n\nsummary of those previous reports, the dates and\n\noutcome of any investigations or actions taken by the\n\nDepartment and the Commission in response to any\n\nprevious report of child abuse or neglect, and the\n\nspecific recommendation made to the district attorney\n\nand any subsequent action taken by the district\n\nattorney,\n\nc. the dates of any relevant judicial proceedings prior\n\nto the death or near death of the child,\n\nd. recommendations submitted by the Department and the\n\nCommission shall be provided in writing including\n\nrelevant recommendations made at the hearing as they\n\nrelate to custody or placement of a child,\n\ne. the relevant rulings of the court, and\n\nf. any relevant information listed in subsections E and G\n\nof this section.\n\n2. Specific recommendations made by the Commission described in\n\nany progress reports of a pending case submitted to the court may be\n\ndisclosed by the Commission.\n\nI. Unless specifically authorized by this section, any public\n\ndisclosure of information pursuant to this section shall not:\n\n1. Identify or provide any identifying information of any\n\ncomplainant or reporter of child abuse or neglect;\n\n2. Identify or provide any identifying information of the\n\nvictim, the child victim's siblings or other children living in the\n\nsame household, the parent or other person responsible for the\n\nchild, or any other member of the household, or the person\n\ncriminally charged or Department employees, agents or contractors.\n\nNonspecific descriptors, such as father, mother, stepparent, or\n\nsibling may be used; or\n\n3. Violate other state or federal law as required pursuant to\n\nsubsection A of Section 1-6-102 of this title.\n\nJ. Any and all statements, affirmations, gestures, or conduct\n\nexpressing apology, sympathy, commiseration, condolence, compassion,\n\nsorrow or a general sense of benevolence which are made by the\n\nDepartment of Human Services or an employee of the Department to the\n\npublic or to the family or foster parents of a child which relate\n\nsolely to discomfort, pain, suffering, injury, tragedy, near death\n\nor death of a child shall be inadmissible as evidence of an\n\nadmission of liability or wrongdoing or as evidence of an admission\n\nagainst interest.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"332954891747a2c3df02488f982b1f703092d0dc8dadddf0c77d9e79507d5216","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-6-104","next":"us-ok/okla.-stat.-tit.-10a-10a-1-6-106"},"notice":"GroundRules: Original legal text. Not legal advice."}