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OK HB1971

OK HB1971
Children; Accountability, Transparency, and Protection for Exploited Youth Act; report; sexual misconduct or exploitation; penalties; Office of Juvenile Affairs; Independent Oversight Committee; responsibilities; investigations; civil liability; damages; negligence; civil penalties; training; annual report; exception; Oklahoma Open Records Act; disclosure; confidentiality; judicial review; juvenile records; exception; codification; effective date.


summary

Introduced
02/03/2025
In Committee
02/05/2025
Crossed Over
Passed
Dead

Introduced Session

Potential new amendment
2025 Regular Session

Bill Summary

An Act relating to children; enacting the Accountability, Transparency, and Protection for Exploited Youth Act; requiring certain individuals to report any form of sexual misconduct or exploitation; directing who the incident must be reported to; providing for penalties for failure to report; directing the Office of Juvenile Affairs to establish an Independent Oversight Committee; providing responsibilities for the Committee; directing that investigations be forwarded to certain individuals and agencies; providing that employees shall be subject to civil liability under certain circumstances; providing that the Office and private contractors shall be liable for damages under certain circumstances; providing what constitutes negligence; providing for civil penalties; requiring the Office to provide annual training; directing Committee to submit annual report; providing what must be included in annual report; providing exception under Oklahoma Open Records Act; permitting disclosure of certain records under certain circumstances; authorizing certain individuals to access certain records; limiting disclosure of documents; directing certain individuals to comply with confidentiality obligations; authorizing access to certain records without court order; permitting a party to request judicial review; providing that disclosed information shall not be open for general public inspection; amending 10A O.S. 2021, Section 2-6-102, which relates to confidential juvenile records; providing exception; providing for codification; and providing an effective date.

AI Summary

This bill establishes the Accountability, Transparency, and Protection for Exploited Youth Act, which aims to protect juveniles in state-run and private juvenile facilities from sexual misconduct and exploitation. The bill requires all employees, contractors, volunteers, and third parties working in juvenile facilities to immediately report any suspected sexual misconduct or exploitation to the facility supervisor and a newly established Independent Oversight Committee. Failure to report such incidents can result in criminal prosecution, with potential penalties of up to two years in prison and a $5,000 fine. The bill creates an Independent Oversight Committee with broad investigative powers, including the ability to subpoena witnesses and collaborate with law enforcement. It also establishes significant civil liability provisions, allowing juvenile victims or their representatives to sue the Office of Juvenile Affairs (OJA) or contracted entities for negligence, with potential civil fines of up to $50,000 per juvenile victim. The legislation mandates annual training for employees on preventing and identifying sexual misconduct and requires the Oversight Committee to submit an annual report to the Oklahoma Legislature. Additionally, the bill provides a mechanism for limited disclosure of juvenile records in cases of sexual violence, allowing access to specific parties such as law enforcement, legal guardians, and court-appointed advocates while maintaining strict confidentiality protections for uninvolved individuals. The act is set to become effective on November 1, 2025, signaling a comprehensive approach to protecting vulnerable youth in juvenile facilities.

Committee Categories

Justice

Sponsors (1)

Last Action

House Committee Proposed Policy Committee Substitute 1 - Proposed Policy Committee Substitute 1 (on 02/10/2025)

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