10-7103.

§10-7103.


    A.  1.  Every:
         a.   physician or surgeon, including doctors of medicine and
              dentistry, licensed osteopathic physicians, residents
              and interns, examining, attending or treating a child
              under the age of eighteen (18) years,
         b.   registered nurse examining, attending or treating such
              a child in the absence of a physician or surgeon,
         c.   teacher of any child under the age of eighteen (18)
              years, and
         d.   other person
having reason to believe that a child under the age of eighteen (18)
years is a victim of abuse or neglect, shall report the matter
promptly to the county office of the Department of Human Services in
the county wherein the suspected abuse or neglect occurred.  Such
reports may be made by telephone, in writing, personally or by any
other method prescribed by the Department.  Any report of abuse or
neglect made pursuant to this section shall be made in good faith.
    2.  Every physician or surgeon, including doctors of medicine,
licensed osteopathic physicians, residents and interns, or any other
health care professional attending the birth of a child who appears
to be a child born in a condition of dependence on a controlled
dangerous substance shall promptly report the matter to the county
office of the Department of Human Services in the county in which
such birth occurred.
    3.  No privilege or contract shall relieve any person from the
requirement of reporting pursuant to this section.
    4.  The reporting obligations under this section are individual,
and no employer, supervisor or administrator shall impede or inhibit
the reporting obligations of any employee or other person.  No
employer, supervisor or administrator of any employee or other person
required to provide information pursuant to this section shall
discharge, or in any manner discriminate or retaliate against, the
employee or other person who in good faith provides such child abuse
reports or information, testifies, or is about to testify in any
proceeding involving child abuse or neglect; provided, that the
person did not perpetrate or inflict such abuse or neglect.  Any
employer, supervisor or administrator who discharges, discriminates
or retaliates against the employee or other person shall be liable
for damages, costs and attorney fees.  Internal procedures to
facilitate child abuse or neglect reporting and inform employers,
supervisors and administrators of reported suspected child abuse or
neglect may be established provided that they are not inconsistent
with the provisions of this section and that such procedures shall
not relieve the employee or such other person from the individual
reporting obligations required by this section.
    5.  Every physician or surgeon making a report of abuse or
neglect as required by this subsection or examining a child to
determine the likelihood of abuse or neglect and every hospital or
related institution in which the child was examined or treated shall
provide copies of the results of the examination or copies of the
examination on which the report was based and any other clinical
notes, x-rays, photographs, and other previous or current records
relevant to the case to law enforcement officers conducting a
criminal investigation into the case and to employees of the
Department of Human Services conducting an investigation of alleged
abuse or neglect in the case.
    B.  If the report is not made in writing in the first instance,
it shall be reduced to writing by the Department of Human Services,
in accordance with rules promulgated by the Commission for Human
Services, as soon as may be after it is initially made by telephone
or otherwise and shall contain the following information:
    1.  The names and addresses of the child and the child's parents
or other persons responsible for the child's care;
    2.  The child's age;
    3.  The nature and extent of the abuse or neglect, including any
evidence of previous injuries;
    4.  The nature and extent of the child's dependence on a
controlled dangerous substance; and
    5.  Any other information that the maker of the report believes
might be helpful in establishing the cause of the injuries and the
identity of the person or persons responsible therefor if such
information or any part thereof is known to the person making the
report.
    C.  Any person who knowingly and willfully fails to promptly
report any incident as provided in this section may be reported by
the Department of Human Services to local law enforcement for
criminal investigation and, upon conviction thereof, shall be guilty
of a misdemeanor.
    D.  1.  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 by the
Department of Human Services to local law enforcement for criminal
investigation and, upon conviction thereof, shall be guilty of a
misdemeanor.
    2.  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 Five
Thousand Dollars ($5,000.00) 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 paragraph 1
of this subsection or to any other remedy provided by law.
    E.  1.  Nothing in this section shall be construed to mean a
child is abused or neglected for the sole reason the parent, legal
guardian or person having custody or control of a child, in good
faith, selects and depends upon spiritual means alone through prayer,
in accordance with the tenets and practice of a recognized church or
religious denomination, for the treatment or cure of disease or
remedial care of such child.
    2.  Nothing contained in this subsection shall prevent a court
from immediately assuming custody of a child, pursuant to the
Oklahoma Children's Code, and ordering whatever action may be
necessary, including medical treatment, to protect the child's health
or welfare.
    F.  Nothing contained in this section shall be construed to
exempt or prohibit any person from reporting any suspected child
abuse or neglect pursuant to subsection A of this section.