§10A-2-8-303. Failure to report — Civil liability.
239 words·~1 min read·
/ok/title-10a-children-and-juvenile-code/10a-2-8-303·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Any employee, officer, contractor, or volunteer who knowingly fails to report incidents of sexual misconduct or coercive behavior shall be deemed to be acting outside the scope of employment and therefore be subject to civil liability exempt from The Governmental Tort Claims Act including, but not limited to, damages for physical, emotional, and psychological harm caused to the juvenile.
B. The Office of Juvenile Affairs and any contracted entity or group home operating under the Office’s supervision shall be liable for damages if a court of competent jurisdiction finds that the employee, officer, contractor, or volunteer was negligent in preventing, investigating, or responding to reports of sexual misconduct. Liability for acts committed in violation of this section shall be exempt from the liability limitations under The Governmental Tort Claims Act.
C. Negligence under this act shall include failure to properly train employees on mandatory reporting, failure to respond to previous reports, failure to terminate employees who abuse juveniles, or failure to take action to safeguard juveniles from known risks.
D. Juvenile victims, their parents or legal guardians, or next friends may file civil actions seeking damages pursuant to the provisions of this section.
E. Civil fines of up to Fifty Thousand Dollars ($50,000.00) per juvenile victim may be levied against the Office, county facilities
where juveniles are detained, or contracting entities found to have acted negligently. Added by Laws 2025, c. 359, § 3, eff. Nov. 1, 2025.