In Oklahoma, child abuse is a serious criminal offense, so the state takes allegations very seriously. Whether you’re seeking custody, defending your rights, or reporting a concern, it’s important to understand what the law considers abuse and how the legal system responds.
How Does Oklahoma Law Define Child Abuse?
Under Oklahoma Statutes Title 10A § 1-1-105, child abuse is defined as:
“Harm or threatened harm to a child’s health or safety by a person responsible for the child, including sexual abuse, sexual exploitation, non-accidental physical or mental injury, or neglect.”
This definition covers a broad range of actions and applies not only to parents, but to anyone responsible for the child, including guardians, stepparents, teachers, and daycare providers.
Types of Child Abuse in Oklahoma
Child abuse may be physical, emotional, sexual, or involve neglect. Here’s how Oklahoma law breaks it down:
1. Physical Abuse
- Hitting, shaking, choking, burning, or otherwise injuring a child
- Using excessive force or corporal punishment that leaves marks or bruises
- Giving a child drugs or alcohol
2. Emotional or Mental Abuse
- Constant belittling, threats, or verbal attacks
- Ignoring the child’s emotional needs or exposing them to severe domestic violence
- Extreme isolation or confinement
3. Sexual Abuse or Exploitation
- Any sexual contact or behavior between an adult and a minor
- Producing or distributing child pornography
- Allowing or encouraging a child to engage in sexual acts or performances
4. Neglect
- Failing to provide adequate food, clothing, shelter, supervision, or medical care
- Leaving a child in a dangerous environment
- Failing to protect a child from known harm
Who Investigates Child Abuse?
If child abuse is suspected, it is typically reported to the Oklahoma Department of Human Services (DHS), who will:
- Investigate the allegations
- Interview the child, parents, and other witnesses
- Assess the safety of the home environment
- Work with law enforcement if criminal charges may be filed
In serious cases, DHS may remove the child from the home during the investigation and request a court order for protective custody.
What Are the Penalties?
Child abuse is a felony offense in Oklahoma, and penalties can include:
- Prison time (typically 1 year to life depending on severity and prior history)
- Loss of parental rights
- Fines and probation
- Permanent criminal record
- Inability to work in child-related jobs or foster care
In cases of child neglect, the penalties can also be severe—especially when a parent or guardian fails to protect the child from known abuse by someone else.
Defending Against False Allegations
Sometimes, child abuse allegations arise during custody battles, divorce proceedings, or family disputes. False or exaggerated claims can have devastating consequences, so if you’re accused of abuse:
- Do not speak to investigators without an attorney present
- Avoid contact with the accuser or child until advised by counsel
- Gather evidence (messages, witnesses, documentation)
- Follow all court orders carefully
Tulsa Family Law Attorneys
If you need to report child abuse, defend against false allegations, or understand your legal obligations as a parent or guardian, we’re here to help. For a free consultation with an Oklahoma family lawyer from Tulsa Divorce Attorneys & Associates, call us at 539-302-0303, or you can also click this link to ask an online legal question.