Bill > HB1164

This bill, named the "Protect Families from Government Overreach Act", establishes new protections for parents and guardians in child custody cases involving criminal charges. The legislation requires the Department of Human Services (DHS) to restore physical custody of children and return all personal property within 72 hours when criminal charges against a parent are dismissed, dropped, or result in a not guilty verdict. The bill aims to safeguard constitutional rights by ensuring due process and minimizing unnecessary family separation, while still maintaining provisions for child safety. If DHS identifies ongoing risks to a child, they must file an emergency motion with clear and convincing evidence of an imminent threat to justify continued separation. The bill mandates that all DHS and Child Protective Services records related to dismissed criminal charges be expunged within 72 hours, and requires the department to submit compliance reports to the Oklahoma Commission for Human Services. Noncompliance can result in state audits, civil penalties, or administrative sanctions, and aggrieved individuals may seek damages for violations of due process or constitutional rights. The law also allows for potential criminal charges against DHS personnel for misconduct and provides for federal and state agency audits that could impact departmental funding. The bill is set to become effective on November 1, 2025, and emphasizes the principle that individuals are innocent until proven guilty and that rights and liberties should be restored if not found guilty.

Justice

http://www.oklegislature.gov/BillInfo.aspx?Bill=hb1164&Session=2600