A new law passed this session will establish stringent new reporting requirements for any employee, contractor, volunteer, or third party “working in or around” (1) a state-run juvenile facility, (2) a private contractor or group home under the supervision of the Office of Juvenile Affairs (OJA), or (3) any county facility which detains juveniles.
The bill seems to subject unlimited civil liability to the employees and volunteers of OJA, OJA-licensed detention facilities, and any organization or agency that contracts with OJA — as well as the organization or agency itself. It also subjects the individuals to a two-year felony for failing to report any form of sexual misconduct, coercive relationship, or exploitation between staff, volunteers, or contractors with juveniles.
Senate Bill 870 by Sen. Dave Rader, R-Tulsa, and Rep. Danny Williams, R-Seminole, requires that all workers in the above categories who “become aware of, witness, or suspect” any form of sexual misconduct, coercive relationships, or exploitation between staff, volunteers, or contractors and juveniles immediately report the incident to both the facility supervisor and the Office of Juvenile System Oversight, a division of the OJA, for independent investigation.
The penalty for failing to report such an incident is a fine not more than $5,000, imprisonment in the custody of the Department of Corrections for up to two years, or by both such fine and imprisonment.
The bill requires the Office of Juvenile System Oversight to forward the investigative reports to the district attorney where the abuse took place and notify in writing the juvenile victim’s family — and the Senate and House of Representatives members for the district in which the juvenile victim lives — that the investigation has been forwarded to the district attorney. The district attorney is also required to notify these parties in writing when a decision has been made to either file or decline to file charges.
In addition to the criminal penalty, the bill imposes civil liability on any employee, officer, contractor, or volunteer who knowingly fails to report incidents of sexual misconduct or coercive behavior. The conduct shall be deemed to be outside the scope of employment and therefore not protected by Oklahoma’s Governmental Tort Claims Act — including, but not limited to, damages for physical, emotional, and psychological harm caused to the juvenile.
SB 870 also holds any contracted entity or group home operating under the supervision of the Office of Juvenile Affairs liable for damages if a court of competent jurisdiction finds the employee, officer, contractor, or volunteer was negligent in preventing, investigating, or responding to existing reports of sexual misconduct. Liability for such acts shall be exempt from the liability limitations under the Governmental Tort Claims Act.
Gov. Kevin Stitt vetoed the bill on the grounds that it is too broad, leaves many terms undefined, and requires the employee, contractor, volunteer, or third party to report conduct based on suspicion even if they are uncertain a crime has been committed. However, on the last day of session, both the Senate and House overwhelmingly overrode the governor’s veto, and the bill will take effect on Nov. 1, 2025.
The new law will require OJA to provide annual training “for all Office employees, contractors, and volunteers on the prevention, identification, and reporting of sexual misconduct and coercive relationships between staff and juveniles.” Training must also be given to staff, contractors, and volunteers at county juvenile detention facilities.
This is a new law OJA employees and every organization contracting with OJA should be aware of as it comes into effect on Nov. 1.