The "Protect Families from Government Overreach Act" aims to safeguard the rights of legal guardians and custodial parents of minor children by ensuring the timely restoration of custody and property when criminal charges are resolved favorably. The bill mandates that the Department of Human Services restore physical custody of children within seventy-two hours if all criminal charges against a parent or guardian are dismissed or result in a not guilty verdict. It also requires the Department to return all personal property and records taken during the removal process, while allowing for exceptions if ongoing risks to the child are identified. In such cases, the Department must file an emergency motion and provide evidence of imminent threat to support continued separation.
Additionally, the bill establishes strict timelines for the expungement of records related to dismissed criminal charges, requiring compliance reports to be submitted to the Oklahoma Commission for Human Services. Noncompliance may lead to audits, civil penalties, and potential criminal charges against Department personnel for misconduct. The act emphasizes the importance of due process and familial integrity, ensuring that individuals are treated as innocent until proven guilty and that their rights are restored if found not guilty. The legislation is set to take effect on November 1, 2025.