ENROLLED HOUSE
BILL NO. 2513 By: Pittman, Waldron, Rosecrants, Hefner, Roe, and Talley of the House
and
Pugh,
Hicks, and Floyd of the Senate
An Act relating to schools;
describing the problem of unaddressed trauma in children; providing program
purpose; directing Legislature to appropriate funds to implement and operate a
Handle With Care Oklahoma program; providing for program coordination between
certain public agencies and community coalitions; enabling law enforcement to
notify program; listing applicable traumatic events for notification; requiring
administration of a hotline, email, or other method to provide notification;
prescribing information to be included in notification; prohibiting inclusion
of certain information; directing notification to designated representatives;
including specified statement in notification; directing Oklahoma School
Security Institute to provide model protocol and training for certain agencies;
requiring Department of Mental Health and Substance Abuse Services to provide
model protocol and training; specifying information to be included in training;
authorizing rule promulgation; providing exception for notification that could
compromise an ongoing investigation; requiring program to apply for additional
funding sources; directing program to submit annual report to certain elected
officials; providing for noncodification; providing for codification; and
providing an effective date.
SUBJECT: Schools
BE IT ENACTED
BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
NEW LAW A new section of law
not to be codified in the Oklahoma Statutes reads as follows:
A. The Problem.
Research shows that unaddressed
trauma can undermine children's ability to learn, form relationships, and
function appropriately in the classroom.
In the past, calling the Oklahoma Department of Human Services statewide
centralized hotline to make a mandated child welfare report was one of the only
tools in the first responder's toolbox, but most children and teens do not meet
the criteria for a child welfare report.
Consequently, the children and teens are never identified, nor do they
receive services, and they linger in traumatic situations without adequate
support. These students have an
increased risk for negative outcomes such as poor academic performance,
truancy, dropping out of school, and delinquency.
B.
The Handle With Care Oklahoma Program Purpose.
Handle With Care (HWC) Oklahoma is a
program designed to enhance existing cross-agency communication and partnership
between local law enforcement, community mental health services and supports,
and schools regarding children's exposure to traumatic events. The "Handle With Care" approach enables
first responders to start building trust and positive connections with children
and teens they encounter at a traumatic scene and through a HWC notification,
local schools and mental health providers can provide trauma-sensitive support
immediately as needed. HWC is aimed at
ensuring that children who are exposed to crime, violence, and abuse receive
appropriate interventions so they can succeed in school to the best of their
ability. Children must feel safe in
order to learn.
SECTION 2.
NEW LAW A new section of law
to be codified in the Oklahoma Statutes as Section 1210.164 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. The Legislature shall
appropriate funds to support the implementation and operation of the Handle
With Care (HWC) Oklahoma program, coordinated through the Oklahoma School
Security Institute, a division of the Oklahoma Office of Homeland
Security. HWC Oklahoma efforts shall enhance
existing partnerships and collaborations with key partners such as, but not
limited to, other state and local first responder agencies, school districts,
community coalitions, the State Department of Education, the Department of
Mental Health and Substance Abuse Services, the Department of Human Services,
and the State Department of Health. The
statewide HWC Oklahoma program shall enhance planning, training,
implementation, and sustainability in all counties in the state. The program shall give opportunities for
local HWC initiatives to receive support from the state as needed.
B. The HWC program shall
enable a law enforcement officer or employee of a law enforcement agency to
notify the program when a child, who may attend a public school or childcare
agency in the state, is exposed to a traumatic event, is at the scene with a
first responder, or another event occurs that may affect his or her ability to
succeed at school including, but not limited to:
1. Domestic violence in
the presence of the child;
2. Death of a member of
the family or household of the child;
3. Arrest of a parent or
guardian of the child affecting the welfare of the child;
4. Search warrant is
served in the residence of the child;
5. Drug or alcohol
overdose of a child's family member;
6. Violence or mass shootings
in the neighborhood where the child resides;
7. Forced displacement
from the residence;
8. House fire;
9. Child maltreatment; or
10. Child is present at a
first responder encounter.
C. The HWC program shall
work with local communities and key partners to administer a telephone hotline,
email, or other appropriate method to allow a law enforcement officer or first
responder agency to provide the notification described in subsection B of this
section.
D. Information submitted
to the HWC program in the notification shall comply with the Oklahoma State
Bureau of Investigation's dissemination laws and Victim's Bill of Rights. It shall only include, to the extent that it
is available:
1. The first, middle, and
last name of the child;
2. The grade and school
or childcare agency where the child is enrolled; and
3. The date of birth and
age of the child.
The HWC
notification shall not include any details about the traumatic event unless
there is an imminent threat to the safety of the child or school safety.
E. Upon receiving
notification as provided in subsection D of this section, the local HWC
multi-disciplinary team (MDT) shall determine if the child attends a public
school or childcare agency in this state.
If the child attends a public school or childcare agency in the state,
the local HWC MDT shall notify designated representatives where the child
attends. The notice shall include that
"the child referenced has been exposed to a traumatic event in the last twenty-four
(24) hours and could exhibit academic, emotional, and behavioral problems
because of exposure to a traumatic event.
Please handle the child with care."
F. 1. The Oklahoma School Security Institute, in
coordination with community coalitions and partner state and local first
responder agencies, shall provide model protocol and training for the HWC
Oklahoma program to first responder agencies and their employees who may
respond to a traumatic event involving a child.
2. The Department of
Mental Health and Substance Abuse Services, in coordination with the State
Department of Education and community coalitions, shall include model protocol
and training for the HWC Oklahoma program in existing efforts which promote
universal trauma-informed practices in school settings.
G. The training required
in subsection F of this section shall include, at a minimum:
1. The criteria for
sending a HWC notice;
2. The procedure for
notifying the HWC program when a child who may attend a public school or
childcare agency is exposed to an event listed in subsection B of this section
that may affect his or her ability to succeed at school and the information to
include in the notification;
3. Proper response to a
notification received from the program, including, without limitation, the
manner in which to respond to notification through early interventions; and
4. Collaboration with
teachers and other members of the staff of a school, students, family members
of students, multi-disciplinary teams, other persons, and behavioral, social,
and health providers, as appropriate, to reduce the negative impact of the
traumatic event on the affected student, appropriate interventions that may be
available to assist the student, and the overall well-being of the
student. Community coalitions shall be
engaged to increase coordination of community services.
H. The Oklahoma School
Security Institute may promulgate rules to implement the provisions of this
section with feedback from local first responder agencies, schools, and
community coalitions.
I. Nothing in this
section shall be construed to require a law enforcement officer or employee of
a law enforcement agency to provide notification pursuant to this section if
the disclosure of information may compromise an ongoing investigation.
J. In addition to funds
appropriated by the Legislature pursuant to subsection A of this section, the
HWC Oklahoma program shall apply for additional federal, state, local, and
private funds to support the HWC Oklahoma program.
K. The HWC Oklahoma
program shall submit an annual report of the program's progress, outcomes, and
impact on students and communities to the Speaker of the Oklahoma House of
Representatives, President Pro Tempore of the Oklahoma State Senate, and the
Governor.
SECTION 3.
This act shall become effective November 1, 2023.
Passed the
House of Representatives the 23rd day of May, 2023.
Presiding
Officer of the House
of
Representatives
Passed the Senate the 26th day of
April, 2023.
Presiding
Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office
of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________
Approved by the
Governor of the State of Oklahoma this _________ day of ___________________,
20_______, at _______ o'clock _______ M.
_________________________________
Governor of
the State of Oklahoma
OFFICE
OF THE SECRETARY OF STATE
Received by the Office
of the Secretary of State this __________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________