1| HOUSE OF REPRESENTATIVES - FLOOR VERSION | | | 2| STATE OF OKLAHOMA | | | 3| 2nd Session of the 60th Legislature (2026) | | | 4|COMMITTEE SUBSTITUTE | |FOR | 5|HOUSE BILL NO. 4421 By: Hilbert | | | 6| | | | 7| | | | 8| COMMITTEE SUBSTITUTE | | | 9| An Act relating to children; amending 10A O.S. 2021, | | Section 1-2-102, as last amended by Section 2, | 10| Chapter 26, O.S.L. 2025 (10A O.S. Supp. 2025, Section | | 1-2-102), which relates to abuse and neglect; | 11| requiring that safety analysis be conducted within | | certain amount of time in certain circumstances; | 12| mandating drug screening for certain individuals; | | providing when drug testing shall occur; directing | 13| the Department of Human Services to make referral to | | law enforcement agency in certain circumstances; | 14| directing the Department to promulgate rules by | | certain date; providing that the court may direct | 15| certain individuals to pay for drug testing; | | providing exception; creating the Child Welfare | 16| Fentanyl Testing Revolving Fund; providing purpose; | | mandating annual audit; directing the Department to | 17| provide annual report; providing information report | | shall contain; amending 21 O.S. 2021, Section 852.1, | 18| as amended by Section 187, Chapter 486, O.S.L. 2025 | | (21 O.S. Supp. 2025, Section 852.1), which relates to | 19| child endangerment; modifying what constitutes child | | endangerment; providing definition; providing for | 20| fines and penalties; providing for codification; and | | providing an effective date. | 21| | | | 22| | | | 23|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 24| | | | arsid9524848 HB4421 HFLR Page 1 ___________________________________________________________________________
1| SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-2-102, as | | | 2|last amended by Section 2, Chapter 26, O.S.L. 2025 (10A O.S. Supp. | | | 3|2025, Section 1-2-102), is amended to read as follows: | | | 4| Section 1-2-102. A. 1. Upon receipt of a report that a child | | | 5|may be abused, neglected or drug-endangered, the Department of Human | | | 6|Services shall conduct a safety analysis. | | | 7| 2. The Department may employ or contract with active or retired | | | 8|social work, medical and law enforcement professionals who shall be | | | 9|strategically placed throughout the state to: | | | 10| a. provide investigation support and to assist | | | 11| caseworkers with assessment decisions and intervention | | | 12| activities, | | | 13| b. serve as consultants to caseworkers in all aspects of | | | 14| their duties, and | | | 15| c. designate persons who shall act as liaisons within | | | 16| the Department whose primary functions are to develop | | | 17| relationships with local law enforcement agencies and | | | 18| courts. | | | 19| 3. The Department shall forward a report of its assessment or | | | 20|investigation and findings to any district attorney's office which | | | 21|may have jurisdiction to file a petition pursuant to Section 1-4-101 | | | 22|of this title. | | | 23| 4. The Department shall determine the military status of | | | 24|parents whose children are subject to abuse or neglect. If the | | | arsid9524848 HB4421 HFLR Page 2 ___________________________________________________________________________
1|Department determines that a parent or guardian is currently serving | | | 2|on active duty in the United States military, the Department shall | | | 3|notify a United States Department of Defense family advocacy program | | | 4|that there is an investigation into the parent or guardian. The | | | 5|Department shall forward a report of its assessment or investigation | | | 6|and findings to the appropriate military law enforcement entity. | | | 7| 5. Whenever the Department determines there is a child that | | | 8|meets the definition of a "drug-endangered child", as defined in | | | 9|Section 1-1-105 of this title, or a child has been diagnosed with | | | 10|fetal alcohol syndrome and the referral is accepted for | | | 11|investigation, the Department shall conduct an investigation of the | | | 12|allegations and shall not limit the evaluation of the circumstances | | | 13|to an assessment. | | | 14| 6. Whenever the Department determines an infant has been | | | 15|diagnosed with Neonatal Abstinence Syndrome or a Fetal Alcohol | | | 16|Spectrum Disorder, but the referral is not accepted for | | | 17|investigation, the Department shall develop a plan of safe care that | | | 18|addresses both the infant and affected family member or caregiver. | | | 19|The plan of safe care shall address, at a minimum, the health and | | | 20|substance use treatment needs of the infant and affected family | | | 21|member or caregiver. | | | 22| B. 1. Upon receipt of a report that a child may be | | | 23|drug-endangered or whenever the Department determines there is a | | | 24|child that meets the definition of a "drug-endangered child", as | | | arsid9524848 HB4421 HFLR Page 3 ___________________________________________________________________________
1|defined in Section 1-1-105 of this title, the Department of Human | | | 2|Services: | | | 3| a. shall initiate a safety analysis within twenty-four | | | 4| (24) hours, and | | | 5| b. shall attempt to acquire consent for an immediate | | | 6| drug screening for any parent, guardian, or caregiver | | | 7| if substance use is suspected or confirmed, including, | | | 8| but not limited to, methamphetamine production or use, | | | 9| opioid exposure, or any indication of fentanyl | | | 10| presence, including indication via report, | | | 11| observation, or prior history. If the parent, | | | 12| guardian, or caregiver refuses to consent to a drug | | | 13| screening and substance use is suspected or confirmed | | | 14| following a safety analysis, the Department shall | | | 15| notify a district attorney within twenty-four (24) | | | 16| hours to request a court order compelling the parent, | | | 17| guardian, or caregiver submit to a drug screening. | | | 18| All drug screenings shall include mandatory fentanyl | | | 19| testing. | | | 20| 2. Drug testing shall occur: | | | 21| a. at intake for investigations and removals, pursuant | | | 22| to subsection B of this section, | | | 23| b. as part of ongoing monitoring in open cases, or upon | | | 24| reasonable suspicion, and | | | arsid9524848 HB4421 HFLR Page 4 ___________________________________________________________________________
1| c. prior to any reunification, visitation expansion, or | | | 2| case closure. | | | 3| 3. If, upon receipt of a report alleging that a child is | | | 4|drug-endangered, the Department determines that drug activity is | | | 5|indicated or that the child meets the definition of a | | | 6|"drug-endangered child", as defined in Section 1-1-105 of this | | | 7|title, the Department shall immediately make a referral, either | | | 8|verbally or in writing, to the appropriate local law enforcement | | | 9|agency for the purpose of conducting a possible criminal | | | 10|investigation. | | | 11| C. 1. If, upon receipt of a report alleging abuse or neglect | | | 12|or during the assessment or investigation, the Department determines | | | 13|that: | | | 14| a. the alleged perpetrator is someone other than a | | | 15| person responsible for the child's health, safety, or | | | 16| welfare, and | | | 17| b. the alleged abuse or neglect of the child does not | | | 18| appear to be attributable to failure on the part of a | | | 19| person responsible for the child's health, safety, or | | | 20| welfare to provide protection for the child, | | | 21|the Department shall immediately make a referral, in writing, to the | | | 22|appropriate local law enforcement agency for the purpose of | | | 23|conducting a possible criminal investigation. The Department shall | | | 24| | | | arsid9524848 HB4421 HFLR Page 5 ___________________________________________________________________________
1|maintain a record of its transmission of each report to law | | | 2|enforcement. | | | 3| 2. After making the referral to the law enforcement agency, the | | | 4|Department shall not be responsible for further investigation | | | 5|unless: | | | 6| a. the Department has reason to believe the alleged | | | 7| perpetrator is a parent of another child, not the | | | 8| subject of the criminal investigation, or is otherwise | | | 9| a person responsible for the health, safety, or | | | 10| welfare of another child, | | | 11| b. notice is received from a law enforcement agency that | | | 12| it has determined the alleged perpetrator is a parent | | | 13| of or a person responsible for the health, safety, or | | | 14| welfare of another child not the subject of the | | | 15| criminal investigation, or | | | 16| c. the appropriate law enforcement agency requests the | | | 17| Department to assist in the investigation. If funds | | | 18| and personnel are available, as determined by the | | | 19| Director of the Department or a designee, the | | | 20| Department may assist law enforcement in interviewing | | | 21| children alleged to be victims of physical or sexual | | | 22| abuse. | | | 23| | | | 24| | | | arsid9524848 HB4421 HFLR Page 6 ___________________________________________________________________________
1| 3. If, upon receipt of a report alleging abuse or neglect or | | | 2|during the assessment or investigation, the Department determines | | | 3|that the alleged abuse or neglect of the child involves: | | | 4| a. a child in the custody of the Office of Juvenile | | | 5| Affairs, and | | | 6| b. at the time of the alleged abuse or neglect, such | | | 7| child was placed in a secure facility operated by the | | | 8| Office of Juvenile Affairs, as defined by Section | | | 9| 2-1-103 of this title, | | | 10|the Department shall immediately make a referral, either verbally or | | | 11|in writing, to the appropriate law enforcement agency for the | | | 12|purpose of conducting a possible criminal investigation. After | | | 13|making the referral to the law enforcement agency, the Department | | | 14|shall not be responsible for further investigation. | | | 15|C.D. 1. Any law enforcement agency receiving a referral as | | | 16|provided in this section shall provide the Department with a copy of | | | 17|the report of any investigation resulting from a referral from the | | | 18|Department. | | | 19| 2. Whenever, in the course of any criminal investigation, a law | | | 20|enforcement agency determines that there is cause to believe that a | | | 21|child, other than a child in the custody of the Office of Juvenile | | | 22|Affairs and placed in an Office of Juvenile Affairs secure juvenile | | | 23|facility, may be abused or neglected by reason of the acts, | | | 24|omissions, or failures on the part of a person responsible for the | | | arsid9524848 HB4421 HFLR Page 7 ___________________________________________________________________________
1|health, safety, or welfare of the child, the law enforcement agency | | | 2|shall immediately contact the Department for the purpose of an | | | 3|investigation. | | | 4|D.E. If, upon receipt of a report alleging abuse or neglect, | | | 5|the Department determines that the family has been the subject of a | | | 6|deprived petition, the Department shall conduct a thorough | | | 7|investigation of the allegations and shall not limit the evaluation | | | 8|of the circumstances to an assessment. In addition, if the family | | | 9|has been the subject of three or more referrals, the Department | | | 10|shall conduct a thorough investigation of the allegations and shall | | | 11|not limit the evaluation of the circumstances to an assessment. | | | 12|E.F. For the purposes of this section, "law enforcement" shall | | | 13|include military law enforcement if the subject of an investigation | | | 14|of abuse or neglect is currently serving in any branch of the United | | | 15|States military. | | | 16|F.G. The Department shall promulgate rules by November 1, | | | 17|2026, to implement the provisions of this section. | | | 18| SECTION 2. NEW LAW A new section of law to be codified | | | 19|in the Oklahoma Statutes as Section 10A of Title 1-4-717, unless | | | 20|there is created a duplication in numbering, reads as follows: | | | 21| A. The district court judge may order the family, or a member | | | 22|of the family, a guardian, or a caregiver who is subject to fentanyl | | | 23|testing under this act to pay drug testing costs. | | | 24| | | | arsid9524848 HB4421 HFLR Page 8 ___________________________________________________________________________
1| B. The Department of Human Services shall cover the cost when | | | 2|the individual: | | | 3| 1. Is enrolled in a state or federal voucher program; | | | 4| 2. Receives qualifying public assistance; or | | | 5| 3. Demonstrates financial hardship via affidavit. | | | 6| SECTION 3. NEW LAW A new section of law to be codified | | | 7|in the Oklahoma Statutes as Section 10A of Title 1-4-718, unless | | | 8|there is created a duplication in numbering, reads as follows: | | | 9| A. There is hereby created in the State Treasury a revolving | | | 10|fund for the Department of Human Services to be designated the | | | 11|"Child Welfare Fentanyl Testing Revolving Fund". The fund shall be | | | 12|a continuing fund, not subject to fiscal year limitations, and shall | | | 13|consist of the fifty-dollar fee imposed pursuant to paragraph 2 of | | | 14|subsection D of Section 4 of this act. All monies accruing to the | | | 15|credit of said fund are hereby appropriated and may be budgeted and | | | 16|expended by the Department of Human Services for the purpose of | | | 17|offsetting the Department of Human Services' drug testing costs. | | | 18|Expenditures from said fund shall be made upon warrants issued by | | | 19|the State Treasurer against claims filed as prescribed by law with | | | 20|the Director of the Office of Management and Enterprise Services for | | | 21|approval and payment. | | | 22| B. The Oklahoma State Auditor and Inspector shall audit the | | | 23|fund annually. | | | 24| | | | arsid9524848 HB4421 HFLR Page 9 ___________________________________________________________________________
1| C. The Department of Human Services shall submit an annual | | | 2|report by December 31 to the Speaker of the Oklahoma House of | | | 3|Representatives and the President Pro Tempore of the Oklahoma State | | | 4|Senate that includes, but is not limited to, testing volumes, costs, | | | 5|positives rates, and fund balance, including impacts on child safety | | | 6|outcomes. | | | 7| SECTION 4. AMENDATORY 21 O.S. 2021, Section 852.1, as | | | 8|amended by Section 187, Chapter 486, O.S.L. 2025 (21 O.S. Supp. | | | 9|2025, Section 852.1), is amended to read as follows: | | | 10| Section 852.1. A. A person who is the parent, guardian, or | | | 11|person having custody or control over a child as defined in Section | | | 12|1-1-105 of Title 10A of the Oklahoma Statutes, commits child | | | 13|endangerment when the person: | | | 14| 1. Knowingly permits physical or sexual abuse of a child; | | | 15| 2. Knowingly permits a child to be present at a location where | | | 16|a controlled dangerous substance is being manufactured or attempted | | | 17|to be manufactured as defined in Section 2-101 of Title 63 of the | | | 18|Oklahoma Statutes; | | | 19| 3. Knowingly and willfully permits or causes a child under | | | 20|eighteen (18) years of age to be placed in a situation where the | | | 21|child's life, health, or safety is endangered, as defined in | | | 22|subsection B of this section; | | | 23| 4. Knowingly permits a child to be present in a vehicle when | | | 24|the person knows or should have known that the operator of the | | | arsid9524848 HB4421 HFLR Page 10 ___________________________________________________________________________
1|vehicle is impaired by or is under the influence of alcohol or | | | 2|another intoxicating substance; or | | | 3|4.5. Is the driver, operator, or person in physical control of | | | 4|a vehicle in violation of Section 11-902 of Title 47 of the Oklahoma | | | 5|Statutes while transporting or having in the vehicle such child or | | | 6|children. | | | 7| However, it is an affirmative defense to this paragraph if the | | | 8|person had a reasonable apprehension that any action to stop the | | | 9|physical or sexual abuse or deny permission for the child to be in | | | 10|the vehicle with an intoxicated person would result in substantial | | | 11|bodily harm to the person or the child. | | | 12| Nothing in this subsection shall prohibit the prosecution of a | | | 13|person pursuant to the provisions of Section 11-902 or 11-904 of | | | 14|Title 47 of the Oklahoma Statutes. | | | 15| B. "Endangerment" includes, but is not limited to, exposing a | | | 16|child to fentanyl or fentanyl analogs through possession, use, | | | 17|distribution, or environmental contamination in the home. | | | 18| C. The provisions of this section shall not apply to any | | | 19|parent, guardian or other person having custody or control of a | | | 20|child for the sole reason that the parent, guardian or other person | | | 21|in good faith selects and depends upon spiritual means or prayer for | | | 22|the treatment or cure of disease or remedial care for such child. | | | 23|This subsection shall in no way limit or modify the protections | | | 24| | | | arsid9524848 HB4421 HFLR Page 11 ___________________________________________________________________________
1|afforded said child in Section 852 of this title or Section 1-4-904 | | | 2|of Title 10A of the Oklahoma Statutes. | | | 3|C.D. 1. Any person convicted of violating any provision of | | | 4|this section shall be guilty of a Class B6 felony offense punishable | | | 5|by imprisonment in the custody of the Department of Corrections for | | | 6|a term of not more than four (4) years, or by a fine not exceeding | | | 7|Five Thousand Dollars ($5,000.00), or by both such fine and | | | 8|imprisonment. | | | 9| 2. If fentanyl was present or detected in the endangerment that | | | 10|led to the conviction, the person convicted shall be guilty of a | | | 11|felony punishable by imprisonment in the custody of the Department | | | 12|of Corrections for a term of not more than five (5) years, or by a | | | 13|fine not exceeding Five Thousand Dollars ($5,000.00), or by both | | | 14|such fine and imprisonment. Such person shall also pay a mandatory | | | 15|fee of Fifty Dollars ($50.00) to the State Treasury to be deposited | | | 16|in the Child Welfare Fentanyl Testing Revolving Fund, pursuant to | | | 17|Section 3 of this act. | | | 18| SECTION 5. This act shall become effective November 1, 2026. | | | 19| | | | 20|COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated | |02/18/2026 - DO PASS, As Amended. | 21| | | | 22| | | | 23| | | | 24| | | | arsid9524848 HB4421 HFLR Page 12