1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1638 By: Seifried
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Children’s Code;
7 amending 10A O.S. 2021, Section 1-9-123, which
8 relates to policies and procedures for children and
8 youth at risk of sex trafficking; requiring certain
9 report to include specified information; requiring
9 the Department of Human Services to communicate and
10 share pertinent information with law enforcement and
10 certain entity; updating statutory reference; and
11 declaring an emergency.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-9-123, is
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16 amended to read as follows:
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17 Section 1-9-123. A. 1. The Department of Human Services
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18 shall, in consultation with state and local law enforcement,
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19 juvenile justice systems, health care providers, education agencies,
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20 and organizations with experience in dealing with at-risk children
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21 and youth, establish policies and procedures, including relevant
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22 training for caseworkers, for identifying, documenting in agency
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23 records, and determining appropriate services for children and youth
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24 at risk of sex trafficking.
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 1 2. The policies and procedures shall be developed for every
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2 child or youth over whom the Department has responsibility for
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3 placement, care, or supervision and shall apply when the Department
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4 has reasonable cause to believe a child or youth is currently, or is
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5 at risk of being, a victim of sex trafficking, including a child or
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6 youth:
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7 a. for whom the Department has an open case file, but who
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8 has not been removed from the home,
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9 b. who has run away from foster care and who has not
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10 attained eighteen (18) years of age, or
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11 c. who is not in foster care but is receiving services.
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12 B. 1. When notified a child or youth has run away or is
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13 missing from a foster placement, the Department shall, within
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14 twenty-four (24) hours of notification, report such status of the
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15 child or youth to local law enforcement, the National Crime
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16 Information Center, and to the National Center for Missing and
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17 Exploited Children. The report submitted to law enforcement and the
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18 National Center for Missing and Exploited Children shall include
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19 where reasonably possible:
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20 a. a photo of the missing or abducted child or youth,
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21 b. a description of the child’s or youth’s physical
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22 features, such as height, weight, sex, ethnicity,
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23 race, hair color, and eye color, and
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 1 c. endangerment information, such as the child’s or
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2 youth’s pregnancy status, prescription medications,
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3 tendency toward suicidal thoughts, vulnerability to
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4 being a victim of sex trafficking, and other health or
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5 risk factors.
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6 2. The Department shall maintain regular communication with law
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7 enforcement and the National Center for Missing and Exploited
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8 Children in an effort to provide for a safe recovery of a missing or
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9 abducted child or youth, including by sharing information pertaining
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10 to the child’s or youth’s recovery and circumstances related to the
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11 recovery.
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12 C. The Department shall develop and implement specific
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13 protocols to:
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14 1. Expeditiously locate any child or youth missing from foster
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15 care;
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16 2. Determine the primary factors that contributed to the child
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17 or youth running away or otherwise being absent from foster care;
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18 3. Respond, to the extent possible and appropriate, to those
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19 factors that contributed to the absence from care or runaway
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20 behaviors in the current and subsequent placements of the child or
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21 youth; and
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22 4. Determine what the child or youth experienced while absent
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23 from care, that would include an appropriate screening to determine
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24 if the child or youth is a possible victim of sex trafficking.
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 1 D. The Department shall report to law enforcement authorities
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2 immediately, and in no case later than twenty-four (24) hours, after
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3 receiving information on a child or youth who has been identified as
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4 being a sex trafficking victim as defined by Section 1-1-105 of
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5 Title 10A of the Oklahoma Statutes this title.
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6 SECTION 2. It being immediately necessary for the preservation
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7 of the public peace, health or safety, an emergency is hereby
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8 declared to exist, by reason whereof this act shall take effect and
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9 be in full force from and after its passage and approval.
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11 59-2-2586 DC 1/12/2024 5:30:37 PM
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