TULSA, OKLA (KTUL) — Senate Bill 870 aims to enhance accountability and reporting mechanisms for incidents of sexual abuse or exploitation of juveniles in state-run facilities, and now heads to the Oklahoma House after passing through committee.
Bill author Senator Dave Rader says this legislation was written in response to a lawsuit involving Tulsa’s Family Center for Juvenile Justice (FCJJ), where multiple allegations of abuse have surfaced.
“We’re trying to make sure that the people who want to be a whistleblower know that they’re required by law to do that,” said Rader.
If passed, the bill would establish the Accountability, Transparency, and Protection for Exploited Youth Act, mandating that any employee, contractor, or third party working in or around a state-run juvenile facility must report any suspected sexual misconduct immediately. Reports are to be made to both the facility supervisor and the Office of Juvenile Oversight.
“We tried to lay it out as simply as possible so that anyone working in that venue will know what the law is,” Rader added.
Under the proposed law, failing to report such incidents could result in felony charges, with penalties including a fine of up to $5,000, prison time, or both.
Don Smolen, an attorney representing the alleged victims in the lawsuit against the FCJJ, says the bill is a step in the right direction—but
“I think there are some things that need to be clarified, and I’d like to see a requirement in there that whatever agency is involved be required to obtain liability insurance to cover these kinds of acts, so we as taxpayers aren’t having to foot the bill,” said Smolen. He also criticized parts of the bill that could remove confidentiality protections from juvenile records after a first offense, Smolen said.
Smolen believes the legislation should go further, and expand protections to children outside of state custody, to include those in public schools.
“It’s nice that this has been proposed, but it still falls short of protecting our kids. It shouldn’t just be the kids that are in state custody that are having this protection. It should be any kids that are being subjected to this kind of treatment by school staffing as well.”
The Oklahoma Appleseed Center for Law and Justice also weighed in on the proposed legislation. In a statement, the center’s Executive Director, Colleen McCarty, told NewsChannel 8:
“We are thankful to the legislature for prioritizing transparency and protection for detained youth in the State of Oklahoma. SB 870 is going for a final vote in the House before heading to the Governor’s desk. Our state has a problem with children in custody being abused and exploited—it’s time to change that. Passing SB870 is a step in the right direction. This bill will allow advocates to access critical records when a child in custody has been abused, and also increases penalties for agencies allowing this kind of abuse. It’s time for transparency and to stop letting the system shield abusers behind red tape.”
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