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ENGROSSED HOUSE
BILL NO. 2313 By: Lawson and Davis of the
House
and
Haste of the Senate
An Act relating to children; amending 10 O.S. 2011,
Section 601.6, as amended by Section 2, Chapter 257,
O.S.L. 2014 (10 O.S. Supp. 2020, Section 601.6),
which relates to the Office of Juvenile System
Oversight; directing monitoring of children and youth
service system; requiring annual inspections;
granting authority to conduct site visits; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2011, Section 601.6, as
amended by Section 2, Chapter 257, O.S.L. 2014 (10 O.S. Supp. 2020,
Section 601.6), is amended to read as follows:
Section 601.6 A. The Office of Juven ile System Oversight shall
have the responsibility of investigating and reporting misfeasance
and malfeasance within the children and youth service system,
inquiring into areas of concern, investigating complaints filed with
the Office of Juvenile System O versight, and performing issue-
specific systemic monitoring as directed by the Commission on
Children and Youth of the children and youth service system to
ascertain compliance with established responsibilities.
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It shall be the duty of the Office of Juveni le System Oversight
to conduct not less than one but not more than two regular,
periodic, but not less than annual, unannounced inspections of
state-operated children's institutions and facilities and to review
the reports of the inspections of the State F ire Marshal, and the
State Department of Health and any agencies which accredit such
institutions and facilities. OJSO shall conduct periodic
inspections of privately operated children's facilities on a
periodic basis or as needed.
B. The Office of Juven ile System Oversight shall:
1. Have the authority to examine and copy all records and
budgets pertaining to the children and youth service system and to
interview the residents of such facilities and shall have access to
all facilities within the children and youth service system for the
purpose of conducting systemic oversight and complaint
investigations site visits and speaking with the residents of such
facilities;
2. Have the authority to subpoena witnesses and hold public
hearings;
3. Establish, in accordance with the Dispute Resolution Act,
Sections 1801 through 1813 of Title 12 of the Oklahoma Statutes, a
voluntary program for foster parents to mediate complaints
concerning the rights of foster parents, as provided for in Section
1-9-119 of Title 10A of the Oklahoma Statutes, that relate to
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certain actions, inactions or decisions of the Department of Human
Services, the Department of Juvenile Justice, or child -placing
agencies that may adversely affect the safety and well -being of
children in the custody of the state;
4. Receive any complaint alleging that an employee of the
Department of Human Services or a child -placing agency has
threatened a foster parent with removal of a child from the foster
parent, harassed a foster parent, or refused to pl ace a child in a
licensed or certified foster home, or disrupted a child placement as
retaliation or discrimination towards a foster parent who has:
a. filed a grievance pursuant to Section 1 -9-120 of Title
10A of the Oklahoma Statutes,
b. provided information to any state official or
Department employee, or
c. testified, assisted, or otherwise participated in an
investigation, proceeding, or hearing against the
Department or child-placing agency.
The Office of Juvenile System Oversight shall forward the
complaints to the Office of Client Advocacy for investigation
pursuant to subsection D of Section 1 -9-112 of Title 10A of the
Oklahoma Statutes. The Office of Juvenile System Oversight shall
work with the Office of Client Advocacy to ensure the complaints a re
investigated and resolved in accordance with the grievance
procedures provided in Section 1 -9-120 of Title 10A of the Oklahoma
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Statutes. The provisions of this paragraph shall not apply to any
complaint by a foster parent regarding the result of a crim inal,
administrative, or civil proceeding for a violation of any law,
rule, or contract provision by that foster parent, or the action
taken by the Department or a child -placing agency in conformity with
the result of any such proceeding;
5. Issue reports to the Governor, Speaker of the House of
Representatives, President Pro Tempore of the Senate, Chief Justice
of the Supreme Court of the State of Oklahoma, any appropriate
prosecutorial agency, the director of the agency under
consideration, and other per sons as necessary and appropriate; and
6. Provide recommendations to the Oklahoma Commission on
Children and Youth on or before May 1 of each year.
C. The Office of Juvenile System Oversight shall not release
information that would identify a person who makes a complaint to
the Office, unless a court of competent jurisdiction orders release
of the information for good cause shown.
SECTION 2. This act shall become effective November 1, 2021.
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Passed the House of Representatives the 17th day of February,
2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate