New Oklahoma Laws In 2016 Part 16 – Changing The Definition Of Child Abuse

“Abuse” in the Children’s Code used to mean “harm or threatened harm or failure to protect from harm or threatened harm to the health, safety, or welfare of a child by a person responsible for the child’s health, safety, or welfare, including but not limited to nonaccidental physical or mental injury, sexual abuse, or sexual exploitation.” HB 3201 removed a “failure to protect from harm or threatened harm” to a child’s safety or welfare from that definition in 10A OS § 1-1-105(2).

This change was due to the distinct delineation between the offenses of child abuse and child neglect as noted in Lewallen v. State.

This law went into effect November 1, 2016.

HB 3201 – http://webserver1.lsb.state.ok.us/cf_pdf/2015-16%20ENR/hB/HB3201%20ENR.PDF

10A OS § 1-1-105(2) – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=455456

Lewallen v. State – https://scholar.google.com/scholar_case?case=11641937451549908405&q=failure+to+protect&hl=en&as_sdt=4,225

If you’ve been charged with child abuse or child neglect in Oklahoma, don’t panic! Call Urbanic.

405-633-3420