Oklahoma requires fentanyl testing in certain child welfare cases

The Department of Human Services would seek immediate drug screening for certain parents, guardians, and caregivers and would require every screening to include fentanyl testing. This applies when DHS determines that a child is drug-endangered and accepts the report for investigation. DHS must first try to obtain the person's consent. If the person refuses and substance use is suspected or confirmed, DHS must notify a district attorney within 72 hours to seek a court order. A court-ordered screening may require the person to pay the testing cost, subject to the cost protections in Section 4. Testing would occur at investigation intake, during an open deprived case when drug use or endangerment is at issue, and before reunification, beginning January 1, 2027.

Courts may order people subject to fentanyl testing to pay testing costs, while DHS would cover costs for people who qualify for listed financial protections. The cost rules cover a family member, guardian, caregiver, parent, or other person subject to fentanyl testing under the act. DHS must cover the cost when the person receives qualifying public assistance, participates in a state or federal voucher program, or proves financial hardship by affidavit. A revolving fund would receive $50 fees from certain fentanyl-related child-endangerment convictions and could pay DHS testing costs. The act appropriates up to $1.22 million for the fund for the fiscal year ending June 30, 2027. The cost rules, revolving fund, and appropriation would apply beginning January 1, 2027; the fund's annual report would be due each December 31.

A person convicted of child endangerment involving fentanyl would face up to five years in prison, a fine of up to $5,000, or both, plus a $50 fee. The rule applies when fentanyl or a fentanyl analog was present or detected in the endangerment that led to the conviction. The $50 fee would go to the Child Welfare Fentanyl Testing Revolving Fund. The act also states that exposing a child to fentanyl or a fentanyl analog through activities such as possession, use, distribution, manufacture, or cultivation counts as endangerment. The existing spiritual-care exception remains stated in the child-endangerment section. These penalties and the fee would apply to convictions under the amended section beginning January 1, 2027.