HB 1164 Summary

• Require the Department of Human Services to restore physical custody of children to parents or guardians within 72 hours when all criminal charges are dismissed, dropped, or result in not guilty verdicts.

• Mandate return of all personal property, records, and documentation taken during child removal and expunge all related investigation and adjudication records within 72 hours of charge resolution.

• Allow the Department to file emergency motions with clear and convincing evidence to delay custody restoration if ongoing risks to the child exist unrelated to resolved criminal charges, requiring court approval within 72 hours.

• Establish civil remedies under 42 U.S.C. Section 1983 for violations of due process or constitutional rights, criminal penalties for personnel noncompliance under Oklahoma law, and subject the Department to state and federal audits with potential funding impacts.

• Effective November 1, 2025.