Child Abuse Reporting Laws for Oklahoma

State and Statute: Oklahoma, Stats. title 10A, §§ 1-2-101 et seq.

What Is Reportable "Abuse": Physical, sexual, or mental abuse, neglect, or sexual exploitation by a person responsible for the child’s health or welfare (includes a parent; legal guardian; custodian; foster parent; owner, operator, or employee of a child care facility). [1-2-101(B)(1) and 1-1-105]

Mandatory Reporters: "Every person having reason to believe that a child under the age of eighteen (18) years is a victim of abuse or neglect." [1-2-101(B)(1)]

How and Where to Report: Via telephone to the county office of the Department of Human Services and/or the state's 24-hour, toll-free hotline (1-800-522-3511). [1-2-101(B)(1)]

Timeline to Report: Immediately. [1-2-101(B)(1)]

Clergy Privilege: "No privilege or contract shall relieve any person from the requirement of reporting pursuant to this section." [1-2-101(B)(4)]

Penalty for Knowingly Failing to Report: Misdemeanor. However, failing to report abuse known for six months or longer is a felony. [1-2-101(C)]

Civil Liability for Failure to Report Recognized? No statute recognizes civil liability. Consult with legal counsel to ensure no recent court decisions in Oklahoma have recognized civil liability.

Immunity for Inaccurate Report: "Any person who, in good faith and exercising due care, reports suspected child abuse or neglect … shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. … the good faith of any person in making a report … shall be presumed." [1-2-104(A)(B)]

Knowingly and willfully making a false report is a misdemeanor, punishable by a fine of up to $5,000 plus reasonable attorney fees. [1-2-101(D)(2)]

Disclosure of Mandatory Reporter’s Identity: Statutory provisions for disclosure shall not be construed as authorizing disclosure of reporter's identity unless specifically ordered by the court. The department shall redact reporter's identifying information for court-ordered disclosures unless otherwise ordered by the court. [1-2-101(5)] Statutory notice to alleged perpetrator must include language indicating reporter's identity is confidential and may not even be known to department. [1-2-106(2)] Release of data by department shall not include reporter's identity, absent court order authorizing release for good cause shown. [1-2-107] and [1-2-108]