OKLAHOMA
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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Professionals required to report
Citation: Ann. Stat. Tit. 10A, § 1-2-101; Tit. 21, § 1021.4
Mandatory reporters include the following:
• All persons
• Commercial film and photographic print processors or computer technicians
Other persons required to report
Citation: Ann. Stat. Tit. 10A, § 1-2-101
Every person who has reason to believe that a child is a victim of abuse or neglect must report.
Institutional responsibility to report
Citation: Ann. Stat. Tit. 10A, § 1-2-101
The reporting obligations under this section are individual, and no employer, supervisor, administrator, governing body, or entity
shall interfere with the reporting obligations of any employee or other person or in any manner discriminate or retaliate against the employee or other person who in good faith reports suspected child abuse or neglect or who provides testimony in any proceeding involving child abuse or neglect. Any employer, supervisor, administrator, governing body, or entity that discharges, discriminates, or retaliates against the employee or other person shall be liable for damages, costs, and attorney fees. If a child who is the subject of the report or other child is harmed by the discharge, discrimination, or retaliation described in this paragraph, the party harmed may file an action to recover damages, costs, and attorney fees.
WHAT ARE THEY REQUIRED TO REPORT
Citation: Ann. Stat. Tit. 10A, § 1-2-101; Tit. 21, § 1021.4
A report is required when any of the following apply:
• Any person has reason to believe that a child under age 18 is a victim of abuse or neglect.
• A physician, surgeon, other health-care professional (including doctors of medicine, licensed osteopathic physicians,
residents, and interns), or midwife is involved in the prenatal care of expectant mothers or the delivery or care of infants and an infant tests positive for alcohol or a controlled dangerous substance or is diagnosed with neonatal abstinence syndrome or fetal alcohol spectrum disorder.
• A commercial film and photographic print processor or computer technician has knowledge of or observes any film, photograph, videotape, negative, or slide depicting a child engaged in an act of sexual conduct.
PENALTIES FOR FAILING TO REPORT
Citation: Ann. Stat. Tit. 10A, § 1-2-101(B)(4); (C)
Any employer, supervisor, or administrator who discharges, discriminates, or retaliates against the employee or other person shall beliable for damages, costs, and attorney fees.
Any person who knowingly and willfully fails to promptly report suspected child abuse or neglect or who interferes with the prompt reporting of suspected child abuse or neglect may be reported to local law enforcement for criminal investigation and, upon conviction thereof, shall be guilty of a misdemeanor.
PENALTIES FOR FALSE REPORTING
Citation: Ann. Stat. Tit. 10A, § 1-2-101(D)
Any person who knowingly and willfully makes a false report pursuant to the provisions of this section or a report that the person knows lacks factual foundation may be reported to local law enforcement for criminal investigation and, upon conviction thereof, shall be guilty of a misdemeanor.
If a court determines that an accusation of child abuse or neglect made during a child custody proceeding is false and the person making the accusation knew it to be false at the time the accusation was made, the court may impose a fine, not to exceed $5,000 and reasonable attorney fees incurred in recovering the sanctions, against the person making the accusation.
The remedy provided by this paragraph is in addition to the first paragraph above or to any other remedy provided by law.
PRIVILEGED COMMUNICATIONS
Citation: Ann. Stat. Tit. 10A, § 1-2-101
No privilege shall relieve any person from the requirement to report.
REPORTER’S IDENTITY
Inclusion of Reporter’s Name in Report
This issue is not addressed in the statutes reviewed.
Disclosure of Reporter Identity
Citation: Ann. Stat. Tit. 10A, § 1-2-101
The Department of Human Services shall electronically record each referral received by the statewide centralized child abuse reporting hotline and establish a secure means of retaining the recordings for 12 months. The recordings shall be confidential and subject to disclosure only if a court orders the disclosure of the referral. The department shall redact any information identifying the reporting party unless otherwise ordered by the court.