Domestic Violence Bills Clear Committee
OKLAHOMA CITY Legislation that would boost protections for rape victims and battered women are headed to the House floor.
"The threat of domestic violence typically occurs in very volatile situations and victims must have ready access to public safety officials," said state Rep. Ron Peters, R-Tulsa. "My legislation will provide new safeguards for women in dangerous situations."
House Bill 2827, by Peters, would allow victims of domestic violence, stalking, or harassment to petition for an emergency temporary order of protection when the court is not open for business.
The bill also makes it the duty of the first peace officer who interviews victims of rape, forcible sodomy or stalking to make them aware of the 24-hour hotline available to them, as well as read them their rights they have as a victim. Current law only requires those actions for victims of domestic abuse.
House Bill 2827 also modifies the definition of stalking to include repeated harassment in a manner that causes a person to feel intimidated or threatened. It extends the definition of stalking to mean a course of conduct of two or more separate acts or unconsented contact including following or appearing within the sight of an individual, approaching on private property, appearing at the workplace or residence of an individual, contacting that individual by phone, sending mail or e-mail to that individual, or placing an object on that individual's property.
When a person is arrested for violating a restraining order, or for criminal assault and battery, the proposed law would require the court to consider several factors before setting bond and conditions of release, including
- whether the person has a history of domestic violence;
- the mental health of the person;
- whether the person has a history of violating the orders of the court;
- whether the person is a potential threat;
- whether the person has a history of alcohol abuse;
- whether the person has access to deadly weapons or a history of using them;
- the severity of the alleged violence based on given specifications;
- whether a separation of the person and victim has recently occurred or is pending; whether the person has exhibited obsessive or controlling behaviors;
- whether the person has expressed suicidal ideations; and
- any information contained in the complaint.
"Under this legislation, our judicial system and the police would have greater leeway to ensure the protection of abused women," Peters said.
Another bill offered by Peters, House Bill 2826, would require the presiding judge of each district court to adopt forms suitable for use by citizens seeking the dissolution of a marriage or determination of paternity, custody or visitation.
Legislation Implementing DHS Audit Recommendations Passes House
OKLAHOMA CITY (March 10, 2009) Legislation aimed at reducing the number of children removed from their home with the help of social workers and in-home services for parents passed the House today.
House Bill 1734 seeks to implement several recommendations of an audit of the Department of Human Services, including a requirement that law enforcement consult with DHS before removing a child; the creation of a passport program to allow information about a child's physical and behavioral health and educational needs to be available electronically; implementation of a phase-out of public shelters; establishment of a centralized statewide hotline for all reports of abuse and neglect of children; and a reorganization of the department offices in Tulsa and Oklahoma Counties.
"The title is off this bill and we will continue to work with all interested parties to make sure this legislation keeps children in our state safe," said Rep. Ron Peters, author of the bill and chairman of the House Appropriations Subcommittee on Human Services. "We will make it safer for children to stay in their homes with improved risk and safety assessments and increased home services for parents who genuinely want to take care of their children. These changes will allow DHS workers to focus more of their time on the true cases of abuse."
The audit came after five months of extensive study by the independent auditing firm Hornby Zeller Associates.
House Speaker Chris Benge formed a bipartisan working group last year to study the issue made up of Reps. Peters, Kris Steele and Pam Peterson, Jeannie McDaniel, Wade Rousselot and Richard Morrissette. The group called for the performance audit as a way to determine what changes are needed to the system.
The legislation also calls for improved and expanded training for DHS workers to better assess the risk to and safety of a child. The change, coupled with the recommendation for DHS workers to be directly involved in child removals, would help to prevent children from being removed from the home needlessly, which puts undue burdens on the child and the system itself, said Peters, R-Tulsa.
In Oklahoma, the audit shows that 20 percent of children removed from their home are returned within one week of removal. In the Tulsa area, 40 percent of children removed are returned home in that same timeframe.
"The safety of our children is the utmost goal here, and I am hopeful we will be able to bring real change to the system with this legislation," said Benge, R-Tulsa.
The legislation passed the House today with a vote of 87-8 and will move to the Senate for consideration.
New Law Will Help Better Protect Child Abuse Victims
OKLAHOMA CITY Child abuse victims will be receiving help and protection sooner under a new law signed this week. House Bill 1738, by Rep. Ron Peters amends the Oklahoma Child Abuse Reporting and Prevention Act to include "or other health care professional" to the list of persons required to report suspected abuse or neglect of a child.
"Currently, we have a problem because the police and DHS have to file a subpoena in order to get medical information about suspected child abuse from EMSA or other medical workers," said Peters, R-Tulsa. "It's an unnecessary formality that wastes time and places these children in further danger. We need to ensure that law enforcement can get all the information they need regarding suspected child abuse from the health professionals at the time the victim is being treated."
Health professionals will now be required to provide copies of the examination on which the report of child abuse or neglect was based along with other relevant records to law enforcement and the Department of Human Services.
"This new law will increase the efficiency and ability of law enforcement and child welfare investigators to obtain the vital medical information and evidence they need to investigate child abuse and deaths," said Peters, "Any delay in the availability of 911 calls and paramedics' reports degrades the quality of the scene investigation as well as the initial interviews with witnesses and suspects which may affect the ability to obtain sufficient evidence to successfully prosecute child abusers."
OKDHS received 65,493 reports of child abuse on families in FY' 2008 and investigated or assessed 61,327. They found 11,714 cases of confirmed child abuse, which was 19 percent of the investigated and assessed cases. In 2008, 32 Oklahoma children died as a result of child abuse.
Lawmakers Target Domestic Violence, Child Abusers
OKLAHOMA CITY Legislation that would increase protection of abused spouses and children during a custody dispute is headed for the floor of the Oklahoma House of Representatives.
House Bill 1739, by state Rep. Ron Peters, requires state courts to presume a child should be placed with a non-abusive parent in any case where there is clear evidence the other parent has engaged in domestic violence, stalking, or harassment.
"During divorce or custody disputes where domestic violence has previously occurred, the violence often escalates to the point of murder," said Peters, R-Tulsa. "We don't want the state of Oklahoma to force any woman or child to risk their lives."
According to the Oklahoma Domestic Violence Fatality Review Board, 50 percent of domestic violence homicides in 2002 occurred during a child exchange.
According to the Oklahoma Domestic Violence Fatality Review Board, Oklahoma averages 75 deaths per year from domestic violence and children witnessed the death of a parent as the result of domestic violence in 37 percent of cases in 2004.
Oklahoma has been ranked fourth in the nation in intimate partner homicides.
"The data clearly show that violent spouses or partners remain a threat to the safety and well-being of both the child and non-abusive parent," Peters said. "It's time we require the courts to take violent behavior into greater account during custody disputes."
Peters said House Bill 1739 would create a standardized approach in custody and visitation cases where one parent has been show to engage in domestic abuse
If visitation is allowed, the bill requires the court to "provide for the safety of the minor child" during the event.
Under the bill, the court cannot order a victim of domestic violence, stalking, or harassment to be present during a child visitation exchange.
In cases where evidence "tending to substantiate suspected or confirmed child abuse" is identified by the Department of Human Services, the bill requires the suspension of visitation rights.
The legislation also requires the abusive parent to pay the non-abusive parent's court costs for divorce and custody proceedings if there is "a showing by a preponderance of evidence that the party is currently being stalked or has been stalked or is the victim of domestic abuse."
Peters said the legislation could dramatically reduce the occurrence of abuse in Oklahoma.
"Research indicates as many as 60 percent of men who abuse women also abuse children," he said. "Once we know a man has engaged in domestic violence, we also know there is a very good chance he will abuse his child. This bill will provide additional safeguards to protect those children in future custody and visitation cases."
DAY CARE REFORMS PASS HOUSE
The Oklahoma House of Representatives voted to increase oversight of day care facilities and to ensure that parents have easy access to the results of the Department of Human Services (DHS) inspections of the day care facility that they choose for their children.
"We want to empower parents by giving them access to information
they need to make decisions about the care of their child," said state
Rep. Ron Peters, R-Tulsa. "They need to know what's going on in their
childcare facility. They shouldn't have to rely on DHS to make the
decision."
House Bill 2643, by Peters, would require the Department of Human
Services to post all childcare inspection records on the Internet. The
bill also requires centers to publicly post the availability of
inspection records at the facility.
"This law will also strengthen background checks for childcare
workers and give parents the ability to evaluate the performance of
child care facilities both before they choose a facility and during the
time their child is in the facility," Peters said.
House Bill 2643 also creates an online child care abuse registry to
prevent anyone convicted of child abuse or neglect from working in a day
care center. "Too often, when DHS shuts down a childcare home, the people who
run the home are able to then go to work at a child care center with no
record of their previous history," Peters said. "House Bill 2643 will
prevent that."
The legislation was filed in response to the tragic death of
two-year-old Joshua Minton, who was killed in May 2007 at a child-care
home in Tulsa.
Vicki Chiles, the caregiver in the home, had covered Joshua's mouth
with duct tape because he would not be quiet. Joshua died as a result of
the airway obstruction.
Chiles was later sentenced to life in prison.
House Bill 2643 passed the Oklahoma House of Representatives 99-0.
WORKING GROUP FORMED TO STUDY DHS
House Speaker Chris Benge announced the formation of an internal working group today that will look at the state's Department of Human Services.
The bipartisan group will continue current efforts already underway to seek out industry best practices and areas where improvement is needed within the department.
The members of the bipartisan group will be:
Rep. Ron Peters, R-Tulsa
Rep. Kris Steele, R-Shawnee
Rep. Susan Winchester, R-Chickasha
Rep. Scott Bighorse, D- Pawhuska
Rep. Richard Morrissette, D-Oklahoma City
Rep. Wade Rousselot, D-Wagoner
"We want to be methodical and strategic in the way we go about potentially changing our current system," said Rep. Ron Peters, chairman of the House Human Services Committee. "We don't have any preconceived notions going into this, but any system can always be improved and we have to be responsive to those at risk."
"This working group is taking a proactive approach to rooting out the problem areas within the agency before reaction is the only option," said Rep. Susan Winchester, the author of House Bill 2748 which calls for an audit of the family services division at the department.
"One of government's most important functions is to protect its citizens, especially those not able to protect themselves," said Rep. Kris Steele, chairman of the House Health subcommittee. "Any change we propose must be thoroughly vetted because even the smallest change could have a big impact on the children of this state. We want to make sure we do not jeopardize the good things being done in an effort to change those areas that need improvement."
New Law Screens In-Home Helpers
OKLAHOMA CITY -Legislation to ensure protection of individuals who need in-home help passed.
House Bill 1580, by state Rep. Peters, requires any person that provides companion or sitter services to register with the Department of Health (OSDH). Under the bill, the agency will maintain a system of record keeping, including client information, services provided each day, criminal background check information on employees, and other information.
This represents the very least we can do to protect a very vulnerable segment of our society who have caregivers in their homes," said Peters, R-Tulsa. "Currently, the OSDH is limited in its ability to enforce the Home Care Act (HCA) as it pertains to companions/sitters. As a result, employees of agencies who provide these services do so without any criminal background checks as well as other safeguards built into the bill. When complaints entail agencies providing services in violation of the HCA, providers say they aren't required to keep records to show what services were provided. The goal of HB 1580 is to give OSHD tools and authority to enforce the HCA."
Peters said House Bill 1580 would exempt friends and family members from the new requirements. Penalties are up to $5,000 for noncompliance.
"Sometimes these so called 'helpers' do nothing but prey on their employer. HB 1580 should go a long way in ensuring that people are safer in their homes," said Peters.
Peters Bill Increases Protection of Children & Non-Abusive Parent
State lawmakers voted this week to require courts to make the protection of abused spouses and their children a greater priority in childcustody cases.
House Bill 2637, by state Rep. Ron Peters (R-Tulsa), is designed to save lives by providing for safe visitation and custody practices for children in custody cases involving an abusive parent. The bill requires state officials to consider the safety of the children and non-violent parent as the overriding issue in cases where one parent has been confirmed to be an abuser.
The bill creates a rebuttable presumption that it is in the best interest of a minor child to be placed with the non-abusive parent upon a finding by the judge that there is domestic violence, stalking or harassment in a custody proceeding.
This is the third year Rep. Peters has tried to pas this legislation and unfortunately comes after the tragic deaths of two children at Tinker Air Force Base.
In February, a man attacked his ex-wife during a custody exchange near Tinker Air Force Base in Oklahoma City. After she fled, he shot and killed the children and then committed suicide.
According to the Oklahoma Domestic Violence Fatality Review Board, there are an average 75 deaths per year from domestic violence in Oklahoma. Children witnessed the death of a parent in 37 percent of those cases in 2004.
In 57 percent of 2003 cases, there was documented history of domestic violence between the murder victim and the perpetrator.
Even more disturbing, Peters noted that 59 percent of victims and perpetrators had joint custody agreements in cases reviewed in 2002 and 50 percent of the homicides occurred during a child exchange that year.
House Bill 2637 passed out of the Oklahoma House of Representatives on a vote of 100-0 and now proceeds to the Oklahoma Senate.
Bill by Winchester and Peters Creates "Opportunity Fund" for Business
OKLAHOMA CITY - Oklahoma could soon offer millions of dollars in immediate incentives to attract businesses to the state thanks to legislation that passed the Oklahoma House of Representatives
Monday night.
House Joint Resolution 1042, by State Reps. Susan Winchester and Ron Peters, would create an "Oklahoma Opportunity Fund" that could provide incentives to encourage businesses and industries looking at
locating in Oklahoma. "When comparing Oklahoma to other states, the most disconcerting issue is that other states can offer incentive packages for major projects, but there is a total absence of that ability in Oklahoma," said Winchester, R-Chickasha. "I constantly hear from economic development officials who say Oklahoma needs the ability to immediately offer a financial proposal to businesses instead of throwing an incentive package together at the last minute. Oklahoma needs a pool of resources on hand to really make a difference."
"The Opportunity Fund will be a valuable tool in our efforts toattract new business to Oklahoma," said state Rep. Ron Peters, R-Tulsa. "By creating this fund, we could remove the last major obstacle preventing companies from relocating to Oklahoma."
Under the current system, the Oklahoma Legislature and goverment must approve most major incentive packages - a time-consuming process. Winchester and Peters, who have been developing their plan for months in conjunction with commerce officials across the state, said the Oklahoma Opportunity Fund would help pay for site development, infrastructure, and similar needs.
The Oklahoma Opportunity Fund program is based on programs in surrounding states, including Texas, Kansas and Arkansas. Using $180 million from the Texas Enterprise Fund, officials in that state were able to close deals with employers who are expected to create more than 15,000 new jobs and pump $6 billion into the Texas economy.
Arkansas used $180 million in bonds to fund projects that created 500 new jobs and resulted in $500 million in new investment. Kansas has an "Economic Growth Act" expected to generate more than $530 million in new development. The proposal is popular outside the local region, as well. Ohio has a $2 billion fund and Pennsylvania has a $2.5 billion economic stimulus program.
Winchester believes Oklahoma could enjoy similar successes. "With the loss of Delta Faucet and General Motors, we're trying to find businesses to come in and replace them," Winchester said. "This is an additional recruiting opportunity that we could put into place."
House Joint Resolution 1042 would require a vote of the people to amend the Oklahoma Constitution to create the fund. The resolution passed the Oklahoma House of Representatives on an 82-14 vote on Monday.
House Bill 2653, also by Winchester and Peters, would implement the statutory changes necessary if voters approve creation of the Oklahoma Opportunity Fund. The bill passed the House on an 84-12 vote on Monday. Both measures now proceed to the Oklahoma Senate.
Bill To Drop Fee For Special Medical License Passes
OKLAHOMA CITY -- Retired doctors who want to donate their time, could provide health services to indigent Oklahomans without paying the annual cost of a special license and sitting through hours of extra training.
House Bill 1140 by state Rep. Ron Peters would remove the $150 annual license fee and 60 hours of continuing education training mandated by current law. "House Bill 1140 would remove obstacles to retired physicians who still want to give their expertise to communities that need their services," Peters said.
The measure establishs a special volunteer medical license for retired physicians, osteopaths and dentists who desire to donate their time for medical care and treatment of indigent and needy persons in medically underserved areas of the state, Peters related.
"The Tulsa County Medical Society came to me and said they are aware of several doctors willing to volunteer their services in clinics to improve the health of indigent and needy people," Peters said.
"About the same time I learned that university clinics in Tulsa and Oklahoma City were actively seeking additional physicians because of the increasing number of indigent people in need of health care. It sounded like a plan that could solve two problems and would work well together."
The volunteer Medical License would be issued by the State Board of Medical Licensure and Supervision. To be eligible for a special volunteer medical license, a physician, osteopath or dentist must:
* complete a special volunteer medical license application, including documentation of his or her medical school graduation and practice history;
* provide documentation that the physician has previously been issued a full and unrestricted license to practice medicine or dentistry in Oklahoma or in another state and has never been the subject of any medical disciplinary action in any jurisdiction;
* acknowledge that the doctor's practice under the special volunteer medical license will be exclusively and totally devoted to providing medical or dental care to needy, indigent or persons in medically underserved areas of the state; or,
* acknowledge that the physician will not receive or have the expectation to receive any payment or compensation, either direct or indirect, for any medical services rendered under the special volunteer medical license.
Lawmaker Seeks Ways to Improve Oklahoma's Health Care System
OKLAHOMA CITY Concerned that Oklahoma ranks below average among the 50 states in health care measures, State Rep. Ron Peters believes an extensive study is needed to determine if health funding has been used effectively and if anything else can be done to improve Oklahoma's health care system.
Peters and other House members met Thursday to encourage healthcare professionals to conduct a
six-month study that would seek solutions for the state's health problems.
"This study is not to look at the level of appropriations the Legislature gives Oklahoma's health care
system, but to determine if we are spending the money wisely to produce the best results," said
Peters, R-Tulsa.
A 2004 report by the United Health Foundation, a national organization that reviews all 50 state health
care systems, ranked Oklahoma 40th for positive public health outcomes. Oklahoma currently spends an
average of $74 per person on public health care.
In comparison, Kansas spends an average $26 per person on public health care but ranks 16th for positive health outcomes.
Another concern for Peters and health care officials is that Oklahoma's mortality rate went up in 2005 compared to previous years.
"Oklahoma is spending more money on health care than other states but our outcomes continue to be worse," said Peters. "We need this study to identify the types of programs and activities that would have the greatest success improving Oklahoma's health."
The study would partner the Oklahoma College of Health, the Oklahoma Department of Health and other state health organizations to include all viewpoints. Approximately $90,000 would be provided from the existing budgets of the Tulsa and Oklahoma City health departments and the Oklahoma Department of Health.
Lawmaker Concerned Youth Services are Being Shortchanged
OKLAHOMA CITY Concerned that the Oklahoma Office of Juvenile Affairs is not adequately providing services to Youth Services Programs, State Rep. Ron Peters urged fellow House members to take action this week so Oklahoma does not lose these needed programs.
Peters conducted two legislative studies this week to determine if the Oklahoma Association of Youth Services is suffering due to being placed under OJA. The first study conducted Tuesday gave OJA time to address the committee followed by a meeting Thursday when members of OAYS were able to voice their concerns.
Peters said he believes OJA may not be efficiently serving OAYS in response to a critical audit of OJA released this year, even though the audit did not single out OAYS.
"I think OJA was overzealous in the way they responded to the data in the audit," said Peters, R-Tulsa. "It seems as though OJA is punishing OAYS when all agencies umbrellaed under OJA received the same audit findings."
Oklahoma Association of Youth Services' employees said OJA had delayed reimbursement to OAYS for a year in one instance.
"These not-for-profit agencies operate hand to mouth' when it comes to money and are hanging by threads to just make it," said Peters. "There is no reason for OJA to not provide OAYS their reimbursement in a timely manner."
Another concern expressed by OAYS officials was that OJA required excessive paperwork, including many private documents, such as employees' Social Security numbers.
OAYS provides 41 youth-service programs throughout the state to enhance the quality of life for all Oklahoma children. Those programs provide children access to a comprehensive range of services that deter them from a life of criminal activity and of negative li
- DHS Audit Recommendation Legislation Passes
- Lawmaker Targets Domestic Violence, Child Abusers
Legislation Implementing DHS Audit Recommendations Passes House
OKLAHOMA CITY (March 10, 2009) Legislation aimed at reducing the number of children removed from their home with the help of social workers and in-home services for parents passed the House today.
House Bill 1734 seeks to implement several recommendations of an audit of the Department of Human Services, including a requirement that law enforcement consult with DHS before removing a child; the creation of a passport program to allow information about a child's physical and behavioral health and educational needs to be available electronically; implementation of a phase-out of public shelters; establishment of a centralized statewide hotline for all reports of abuse and neglect of children; and a reorganization of the department offices in Tulsa and Oklahoma Counties.
"The title is off this bill and we will continue to work with all interested parties to make sure this legislation keeps children in our state safe," said Rep. Ron Peters, author of the bill and chairman of the House Appropriations Subcommittee on Human Services. "We will make it safer for children to stay in their homes with improved risk and safety assessments and increased home services for parents who genuinely want to take care of their children. These changes will allow DHS workers to focus more of their time on the true cases of abuse."
The audit came after five months of extensive study by the independent auditing firm Hornby Zeller Associates.
House Speaker Chris Benge formed a bipartisan working group last year to study the issue made up of Reps. Peters, Kris Steele and Pam Peterson, Jeannie McDaniel, Wade Rousselot and Richard Morrissette. The group called for the performance audit as a way to determine what changes are needed to the system.
The legislation also calls for improved and expanded training for DHS workers to better assess the risk to and safety of a child. The change, coupled with the recommendation for DHS workers to be directly involved in child removals, would help to prevent children from being removed from the home needlessly, which puts undue burdens on the child and the system itself, said Peters, R-Tulsa.
In Oklahoma, the audit shows that 20 percent of children removed from their home are returned within one week of removal. In the Tulsa area, 40 percent of children removed are returned home in that same timeframe.
"The safety of our children is the utmost goal here, and I am hopeful we will be able to bring real change to the system with this legislation," said Benge, R-Tulsa.
The legislation passed the House today with a vote of 87-8 and will move to the Senate for consideration.
Lawmaker Targets Domestic Violence, Child Abusers
OKLAHOMA CITY Legislation that would increase protection of abused spouses and children during a custody dispute is headed for the floor of the Oklahoma House of Representatives.
House Bill 1739, by state Rep. Ron Peters, requires state courts to presume a child should be placed with a non-abusive parent in any case where there is clear evidence the other parent has engaged in domestic violence, stalking, or harassment.
"During divorce or custody disputes where domestic violence has previously occurred, the violence often escalates to the point of murder," said Peters, R-Tulsa. "We don't want the state of Oklahoma to force any woman or child to risk their lives."
According to the Oklahoma Domestic Violence Fatality Review Board, 50 percent of domestic violence homicides in 2002 occurred during a child exchange.
According to the Oklahoma Domestic Violence Fatality Review Board, Oklahoma averages 75 deaths per year from domestic violence and children witnessed the death of a parent as the result of domestic violence in 37 percent of cases in 2004.
Oklahoma has been ranked fourth in the nation in intimate partner homicides.
"The data clearly show that violent spouses or partners remain a threat to the safety and well-being of both the child and non-abusive parent," Peters said. "It's time we require the courts to take violent behavior into greater account during custody disputes."
Peters said House Bill 1739 would create a standardized approach in custody and visitation cases where one parent has been show to engage in domestic abuse
If visitation is allowed, the bill requires the court to "provide for the safety of the minor child" during the event.
Under the bill, the court cannot order a victim of domestic violence, stalking, or harassment to be present during a child visitation exchange.
In cases where evidence "tending to substantiate suspected or confirmed child abuse" is identified by the Department of Human Services, the bill requires the suspension of visitation rights.
The legislation also requires the abusive parent to pay the non-abusive parent's court costs for divorce and custody proceedings if there is "a showing by a preponderance of evidence that the party is currently being stalked or has been stalked or is the victim of domestic abuse."
Peters said the legislation could dramatically reduce the occurrence of abuse in Oklahoma.
"Research indicates as many as 60 percent of men who abuse women also abuse children," he said. "Once we know a man has engaged in domestic violence, we also know there is a very good chance he will abuse his child. This bill will provide additional safeguards to protect those children in future custody and visitation cases."
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