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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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