Bill > HB3483

This bill, known as the "Protect Families from Government Overreach Act," aims to safeguard the rights of parents and legal guardians by ensuring the swift return of children and property when criminal charges are dismissed or result in a not guilty verdict. Specifically, it mandates that the Department of Human Services (DHS), including Child Protective Services (CPS), must restore physical custody of a child and return all related records and property within 72 hours of such a resolution, unless there is documented evidence of an ongoing risk to the child. If the DHS believes reunification poses an imminent threat, they must file an emergency motion with clear and convincing evidence to support continued separation, and any such separation must be ordered by a court within 72 hours. The bill also requires that all DHS and CPS records connected to dismissed charges be expunged within 72 hours, treating them as if they never existed, and that the DHS report compliance to the Oklahoma Commission for Human Services, with noncompliance potentially leading to audits, civil penalties, and sanctions. Individuals can pursue civil remedies for violations of their due process or constitutional rights, and federal and state agencies can conduct audits that may affect DHS funding. While the bill prioritizes reunification, it allows for exceptions and continued separation if a court finds clear and convincing evidence of imminent danger, with these exceptions requiring documentation and court-established timelines for reassessment.

Budget and Finance

http://www.oklegislature.gov/BillInfo.aspx?Bill=hb3483&Session=2600