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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.
   

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