Bill Text For HB2513 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 59th Legislature (2023)                |
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 4|COMMITTEE SUBSTITUTE                                                   |
  |FOR                                                                    |
 5|HOUSE BILL NO. 2513                  By: Pittman and Waldron           |
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 8|                        COMMITTEE SUBSTITUTE                           |
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 9|       An Act relating to schools; describing the problem of           |
  |       unaddressed trauma in children; providing program               |
10|       purpose; directing legislature to appropriate funds             |
  |       to implement and operate a Handle With Care Oklahoma            |
11|       program; providing for program coordination between             |
  |       certain public agencies and community coalitions;               |
12|       enabling law enforcement to notify program; listing             |
  |       applicable traumatic events for notification;                   |
13|       requiring administration of a hotline, email, or                |
  |       other method to provide notification; prescribing               |
14|       information to be included in notification;                     |
  |       prohibiting inclusion of certain information;                   |
15|       directing notification to designated representatives;           |
  |       including specified statement in notification;                  |
16|       directing Oklahoma School Security Institute to                 |
  |       provide model protocol and training for certain                 |
17|       agencies; requiring Department of Mental Health and             |
  |       Substance Abuse Services to provide model protocol              |
18|       and training; specifying information to be included             |
  |       in training; authorizing rule promulgation; providing           |
19|       exception for notification that could compromise an             |
  |       ongoing investigation; requiring program to apply for           |
20|       additional funding sources; directing program to                |
  |       submit annual report to certain elected officials;              |
21|       providing for noncodification; providing for                    |
  |       codification; and providing an effective date.                  |
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24|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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arsid7536663 HB2513 HFLR                                           Page 1
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 1|    SECTION 1.     NEW LAW     A new section of law not to be          |
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 2|codified in the Oklahoma Statutes reads as follows:                    |
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 3|    A.  The Problem.                                                   |
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 4|    Research shows that unaddressed trauma can undermine children's    |
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 5|ability to learn, form relationships, and function appropriately in    |
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 6|the classroom.  In the past, calling the Oklahoma Department of        |
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 7|Human Services statewide centralized hotline to make a mandated        |
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 8|child welfare report was one of the only tools in the first            |
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 9|responder's toolbox, but most children and teens do not meet the       |
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10|criteria for a child welfare report.  Consequently, the children and   |
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11|teens are never identified, nor do they receive services, and they     |
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12|linger in traumatic situations without adequate support.  These        |
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13|students have an increased risk for negative outcomes such as poor     |
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14|academic performance, truancy, dropping out of school, and             |
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15|delinquency.                                                           |
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16|    B.  The Handle With Care Oklahoma Program Purpose.                 |
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17|    Handle With Care (HWC) Oklahoma is a program designed to enhance   |
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18|existing cross-agency communication and partnership between local      |
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19|law enforcement, community mental health services and supports, and    |
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20|schools regarding children's exposure to traumatic events.  The        |
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21|"Handle With Care" approach enables first responders to start          |
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22|building trust and positive connections with children and teens they   |
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23|encounter at a traumatic scene and through a HWC notification, local   |
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24|schools and mental health providers can provide trauma-sensitive       |
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arsid7536663 HB2513 HFLR                                           Page 2
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 1|support immediately as needed.  HWC is aimed at ensuring that          |
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 2|children who are exposed to crime, violence, and abuse receive         |
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 3|appropriate interventions so they can succeed in school to the best    |
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 4|of their ability.  Children must feel safe in order to learn.          |
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 5|    SECTION 2.     NEW LAW     A new section of law to be codified     |
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 6|in the Oklahoma Statutes as Section 1210.164 of Title 70, unless       |
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 7|there is created a duplication in numbering, reads as follows:         |
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 8|    A.  The Legislature shall appropriate funds to support the         |
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 9|implementation and operation of the Handle With Care (HWC) Oklahoma    |
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10|program, coordinated through the Oklahoma School Security Institute,   |
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11|a division of the Oklahoma Office of Homeland Security.  HWC           |
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12|Oklahoma efforts shall enhance existing partnerships and               |
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13|collaborations with key partners such as, but not limited to, other    |
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14|state and local first responder agencies, school districts,            |
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15|community coalitions, the State Department of Education, the           |
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16|Department of Mental Health and Substance Abuse Services, the          |
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17|Department of Human Services, and the State Department of Health.      |
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18|The statewide HWC Oklahoma program shall enhance planning, training,   |
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19|implementation, and sustainability in all counties in the state.       |
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20|The program shall give opportunities for local HWC initiatives to      |
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21|receive support from the state as needed.                              |
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22|    B.  The HWC program shall enable a law enforcement officer or      |
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23|employee of a law enforcement agency to notify the program when a      |
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24|child, who may attend a public school or childcare agency in the       |
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arsid7536663 HB2513 HFLR                                           Page 3
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 1|state, is exposed to a traumatic event, is at the scene with a first   |
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 2|responder, or another event occurs that may affect his or her          |
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 3|ability to succeed at school including, but not limited to:            |
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 4|    1.  Domestic violence in the presence of the child;                |
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 5|    2.  Death of a member of the family or household of the child;     |
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 6|    3.  Arrest of a parent or guardian of the child affecting the      |
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 7|welfare of the child;                                                  |
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 8|    4.  Search warrant is served in the residence of the child;        |
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 9|    5.  Drug or alcohol overdose of a child's family member;           |
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10|    6.  Violence or mass shootings in the neighborhood where the       |
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11|child resides;                                                         |
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12|    7.  Forced displacement from the residence;                        |
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13|    8.  House fire;                                                    |
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14|    9.  Child maltreatment; or                                         |
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15|    10.  Child is present at a first responder encounter.              |
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16|    C.  The HWC program shall work with local communities and key      |
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17|partners to administer a telephone hotline, email, or other            |
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18|appropriate method to allow a law enforcement officer or first         |
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19|responder agency to provide the notification described in subsection   |
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20|B of this section.                                                     |
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21|    D.  Information submitted to the HWC program in the notification   |
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22|shall comply with the Oklahoma State Bureau of Investigation's         |
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23|dissemination laws and Victim's Bill of Rights.  It shall only         |
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24|include, to the extent that it is available:                           |
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arsid7536663 HB2513 HFLR                                           Page 4
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 1|    1.  The first, middle, and last name of the child;                 |
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 2|    2.  The grade and school or childcare agency where the child is    |
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 3|enrolled; and                                                          |
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 4|    3.  The date of birth and age of the child.                        |
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 5|The HWC notification shall not include any details about the           |
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 6|traumatic event unless there is an imminent threat to the safety of    |
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 7|the child or school safety.                                            |
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 8|    E.  Upon receiving notification as provided in subsection D of     |
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 9|this section, the local HWC multi-disciplinary team (MDT) shall        |
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10|determine if the child attends a public school or childcare agency     |
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11|in this state.  If the child attends a public school or childcare      |
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12|agency in the state, the local HWC MDT shall notify designated         |
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13|representatives where the child attends.  The notice shall include     |
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14|that "the child referenced has been exposed to a traumatic event in    |
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15|the last twenty-four (24) hours and could exhibit academic,            |
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16|emotional, and behavioral problems because of exposure to a            |
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17|traumatic event.  Please handle the child with care."                  |
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18|    F.  1.  The Oklahoma School Security Institute, in coordination    |
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19|with community coalitions and partner state and local first            |
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20|responder agencies, shall provide model protocol and training for      |
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21|the HWC Oklahoma program to first responder agencies and their         |
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22|employees who may respond to a traumatic event involving a child.      |
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23|    2.  The Department of Mental Health and Substance Abuse            |
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24|Services, in coordination with the State Department of Education and   |
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arsid7536663 HB2513 HFLR                                           Page 5
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 1|community coalitions, shall include model protocol and training for    |
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 2|the HWC Oklahoma program in existing efforts which promotes            |
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 3|universal trauma-informed practices in school settings.                |
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 4|    G.  The training required in subsection F of this section shall    |
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 5|include, at a minimum:                                                 |
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 6|    1.  The criteria for sending a HWC notice;                         |
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 7|    2.  The procedure for notifying the HWC program when a child who   |
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 8|may attend a public school or childcare agency is exposed to an        |
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 9|event listed in subsection B of this section that may affect his or    |
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10|her ability to succeed at school and the information to include in     |
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11|the notification;                                                      |
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12|    3.  Proper response to a notification received from the program,   |
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13|including, without limitation, the manner in which to respond to       |
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14|notification through early interventions; and                          |
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15|    4.  Collaboration with teachers and other members of the staff     |
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16|of a school, students, family members of students,                     |
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17|multi-disciplinary teams, other persons, and behavioral, social, and   |
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18|health providers, as appropriate, to reduce the negative impact of     |
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19|the traumatic event on the affected student, appropriate               |
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20|interventions that may be available to assist the student, and the     |
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21|overall well-being of the student.  Community coalitions shall be      |
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22|engaged to increase coordination of community services.                |
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arsid7536663 HB2513 HFLR                                           Page 6
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 1|    H.  The Oklahoma School Security Institute may promulgate rules    |
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 2|to implement the provisions of this section with feedback from local   |
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 3|first responder agencies, schools, and community coalitions.           |
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 4|    I.  Nothing in this section shall be construed to require a law    |
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 5|enforcement officer or employee of a law enforcement agency to         |
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 6|provide notification pursuant to this section if the disclosure of     |
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 7|information may compromise an ongoing investigation.                   |
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 8|    J.  In addition to funds appropriated by the legislature           |
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 9|pursuant to subsection A of this section, the HWC Oklahoma program     |
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10|shall apply for additional federal, state, local, and private funds    |
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11|to support the HWC Oklahoma program.                                   |
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12|    K.  The HWC Oklahoma program shall submit an annual report of      |
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13|the program's progress, outcomes, and impact on students and           |
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14|communities to the Speaker of the Oklahoma House of Representatives,   |
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15|President Pro Tempore of the Oklahoma State Senate, and the            |
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16|Governor.                                                              |
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17|    SECTION 3.  This act shall become effective November 1, 2023.      |
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19|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/02/2023   |
  |- DO PASS, As Amended and Coauthored.                                  |
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arsid7536663 HB2513 HFLR                                           Page 7
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