1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3836 By: Pittman
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6 AS INTRODUCED
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7 An Act relating to schools; describing the problem of
7 unaddressed trauma in children; providing program
8 purpose; providing for implementation and operation
8 of a Handle With Care Oklahoma program; providing for
9 program coordination between certain public agencies
9 and community coalitions; enabling law enforcement to
10 notify program; listing applicable traumatic events
10 for notification; requiring administration of a
11 hotline, email, or other method to provide
11 notification; prescribing information to be included
12 in notification; prohibiting inclusion of certain
12 information; directing notification to designated
13 representatives; including specified statement in
13 notification; authorizing development of local multi-
14 disciplinary teams; providing for team membership;
14 requiring Department of Mental Health and Substance
15 Abuse Services to provide model protocol and
15 training; specifying information to be included in
16 training; authorizing rule promulgation; providing
16 exception for notification that could compromise an
17 ongoing investigation; requiring program to apply for
17 funding sources; directing program to submit annual
18 report to certain elected officials; providing for
18 noncodification; providing for codification; and
19 providing an effective date.
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22 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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23 SECTION 1. NEW LAW A new section of law not to be
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24 codified in the Oklahoma Statutes reads as follows:
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 1 A. The Problem.
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2 Research shows that unaddressed trauma can undermine children's
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3 ability to learn, form relationships, and function appropriately in
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4 the classroom. In the past, calling the Oklahoma Department of
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5 Human Services statewide centralized hotline to make a mandated
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6 child welfare report was one of the only tools in the first
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7 responder's toolbox, but most children and teens do not meet the
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8 criteria for a child welfare report. Consequently, the children and
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9 teens are never identified, nor do they receive services, and they
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10 linger in traumatic situations without adequate support. These
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11 students have an increased risk for negative outcomes such as poor
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12 academic performance, truancy, dropping out of school, and
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13 delinquency.
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14 B. The Handle With Care Oklahoma Program Purpose.
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15 Handle With Care (HWC) Oklahoma is a program designed to enhance
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16 existing cross-agency communication and partnership between local
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17 law enforcement, community mental health services and supports, and
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18 schools regarding children's exposure to traumatic events. The
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19 "Handle With Care" approach enables first responders to start
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20 building trust and positive connections with children and teens they
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21 encounter at a traumatic scene and through a HWC notification, local
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22 schools and mental health providers can provide trauma-sensitive
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23 support immediately as needed. HWC is aimed at ensuring that
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24 children who are exposed to crime, violence, and abuse receive
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 1 appropriate interventions so they can succeed in school to the best
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2 of their ability. Children must feel safe in order to learn.
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3 SECTION 2. NEW LAW A new section of law to be codified
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4 in the Oklahoma Statutes as Section 1210.164 of Title 70, unless
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5 there is created a duplication in numbering, reads as follows:
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6 A. Subject to the availability of funding pursuant to
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7 subsection K of this section, the Department of Mental Health and
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8 Substance Abuse Services shall implement and operate a Handle With
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9 Care (HWC) Oklahoma program. HWC Oklahoma program efforts shall
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10 enhance existing partnerships and collaborations with key partners
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11 such as, but not limited to, state and local first responder
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12 agencies, school districts, community coalitions, the State
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13 Department of Education, the Department of Human Services, and the
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14 State Department of Health. The HWC Oklahoma program shall enhance
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15 planning, training, implementation, and sustainability in all
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16 counties in the state. The program shall provide opportunities for
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17 local HWC programs to receive support from the state as needed.
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18 B. The HWC Oklahoma program shall enable a law enforcement
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19 officer or employee of a law enforcement agency to notify the
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20 program when a child, who may attend a public school or childcare
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21 agency in the state, is exposed to a traumatic event, is at the
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22 scene with a first responder, or another event occurs that may
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23 affect his or her ability to succeed at school including, but not
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24 limited to:
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 1 1. Domestic violence in the presence of the child;
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2 2. Death of a member of the family or household of the child;
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3 3. Arrest of a parent or guardian of the child affecting the
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4 welfare of the child;
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5 4. Search warrant is served in the residence of the child;
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6 5. Drug or alcohol overdose of a child's family member;
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7 6. Violence or mass shootings in the neighborhood where the
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8 child resides;
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9 7. Forced displacement from the residence;
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10 8. House fire;
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11 9. Child maltreatment; or
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12 10. Child is present at a first responder encounter.
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13 C. No later than November 1, 2027, the HWC Oklahoma program
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14 shall coordinate with local communities and key partners to
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15 administer a telephone hotline, email, or other appropriate method
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16 to allow a law enforcement officer or first responder agency to
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17 provide the notification described in subsection B of this section.
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18 D. Information submitted to the HWC program in the notification
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19 shall comply with the Oklahoma State Bureau of Investigation's
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20 dissemination laws and Victim's Bill of Rights. It shall only
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21 include, to the extent that it is available:
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22 1. The first, middle, and last name of the child;
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23 2. The grade and school or childcare agency where the child is
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24 enrolled; and
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 1 3. The date of birth and age of the child.
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2 The HWC notification shall not include any details about the
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3 traumatic event unless there is an imminent threat to the safety of
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4 the child or school safety.
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5 E. Upon receiving notification as provided in subsection D of
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6 this section, HWC Oklahoma shall determine if the child attends a
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7 public school or childcare agency in this state. If the child
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8 attends a public school or childcare agency in the state, HWC
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9 Oklahoma shall contact the local HWC multi-disciplinary team (MDT)
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10 created in subsection F of this section, which shall notify
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11 designated representatives where the child attends. The notice
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12 shall include that "the child referenced has been exposed to a
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13 traumatic event in the last twenty-four (24) hours and could exhibit
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14 academic, emotional, and behavioral problems because of exposure to
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15 a traumatic event. Please handle the child with care."
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16 F. In coordination with HWC Oklahoma and the Department of
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17 Mental Health and Substance Abuse Services, each school district
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18 board of education, city, town, or municipal governing body, county
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19 commission, or other political subdivision may develop a local HWC
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20 multi-disciplinary team (MDT) for the political subdivision. The
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21 HWC MDT may meet as frequently as needed and determined by the team
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22 lead. The team lead for the HWC MDT shall be selected by members of
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23 the team and shall have received trauma-informed training from the
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24 Department of Health, Department of Mental Health and Substance
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 1 Abuse Services, or other recognized trauma-informed training
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2 provider. The HWC MDT members shall include, but not be limited to:
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3 1. Employees of the local school districts;
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4 2. Community advocates or clergy;
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5 3. Youth services professionals; and
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6 4. Members of local law enforcement.
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7 G 1. The Department of Mental Health and Substance Abuse
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8 Services, in coordination with community coalitions and partner
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9 state and local first responder agencies, shall provide model
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10 protocol and training for the HWC Oklahoma program to first
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11 responder agencies and their employees who may respond to a
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12 traumatic event involving a child.
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13 2. The Department of Mental Health and Substance Abuse
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14 Services, in coordination with the State Department of Education and
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15 community coalitions, shall include model protocol and training for
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16 the HWC Oklahoma program in existing efforts which promote universal
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17 trauma-informed practices in school settings.
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18 H. The training required in subsection G of this section shall
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19 include, at a minimum:
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20 1. The criteria for sending an HWC notice;
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21 2. The procedure for notifying the HWC program when a child who
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22 may attend a public school or childcare agency is exposed to an
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23 event listed in subsection B of this section that may affect his or
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 1 her ability to succeed at school and the information to include in
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2 the notification;
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3 3. Proper response to a notification received from the program,
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4 including, without limitation, the manner in which to respond to
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5 notification through early interventions; and
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6 4. Collaboration with teachers and other members of the staff
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7 of a school, students, family members of students, multi-
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8 disciplinary teams, other persons, and behavioral, social, and
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9 health providers, as appropriate, to reduce the negative impact of
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10 the traumatic event on the affected student, appropriate
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11 interventions that may be available to assist the student, and the
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12 overall well-being of the student. Community coalitions shall be
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13 engaged to increase coordination of community services.
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14 I. The Department of Mental Health and Substance Abuse Services
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15 may promulgate rules to implement the provisions of this section
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16 with feedback from local first responder agencies, schools, and
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17 community coalitions.
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18 J. Nothing in this section shall be construed to require a law
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19 enforcement officer or employee of a law enforcement agency to
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20 provide notification pursuant to this section if the disclosure of
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21 information may compromise an ongoing investigation.
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22 K. In addition to any funds appropriated by the Legislature,
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23 the HWC Oklahoma program shall apply for federal, state, local, and
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24 private funds to support the HWC Oklahoma program.
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 1 L. The Department of Mental Health and Substance Abuse Services
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2 shall submit an annual report of the HWC Oklahoma program's progress
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3 and outcomes including, but not limited to, number of sent notices,
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4 and impact on students and communities to the Speaker of the
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5 Oklahoma House of Representatives, President Pro Tempore of the
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6 Oklahoma State Senate, and the Governor.
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7 SECTION 3. This act shall become effective November 1, 2024.
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9 59-2-9642 EK 01/18/24
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