Oklahoma 2022 Regular Session

Oklahoma House Bill HB2313 Compare Versions

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1		-	An Act
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	29	+	SENATE FLOOR VERSION
	30	+	April 5, 2021
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	33	+	ENGROSSED HOUSE
3	34		BILL NO. 2313 By: Lawson and Davis of the
4	35		House
5	36
6	37		and
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8	39		Haste of the Senate
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14	45		An Act relating to children; amending 10 O.S. 2011,
15	46		Section 601.6, as amended by Section 2, Chapter 257,
16	47		O.S.L. 2014 (10 O.S. Supp. 2020, Section 601.6),
17	48		which relates to the Office of Juvenile System
18	49		Oversight; directing monitoring of children and youth
19	50		service system; requiring annual inspections;
20	51		granting authority to conduct site visits; and
21	52		providing an effective date.
22	53
23	54
24		-	~~SUBJECT: Children~~
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26	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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28	58		SECTION 1. AMENDATORY 10 O.S. 2011, Section 601.6, as
29	59		amended by Section 2, Chapter 257, O.S.L. 2014 (10 O.S. Supp. 2020,
30	60		Section 601.6), is amended to r ead as follows:
	61	+	Section 601.6. A. The Office of Juven ile System Oversight
	62	+	shall have the responsibility of investigating and reporting
	63	+	misfeasance and malfeasance within the children and youth service
	64	+	system, inquiring into areas of concern, investigatin g complaints
	65	+	filed with the Office of Juvenile System O versight, and performing
	66	+	issue-specific systemic monitoring as directed by the Commission on
31	67
32		-	Section 601.6 A. T he Office of Juvenile System Oversight shall
33		-	have the responsibility of investigating and reporting misfeasance
34		-	and malfeasance within the children and youth service system,
35		-	inquiring into areas of concern, investigating complaints filed with
36		-	the Office of Juvenile System Oversight, and performing issue-
37		-	specific systemic monitoring as directed by the Commission on
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38	94		Children and Youth of the children and youth service system to
39	95		ascertain compliance with established respons ibilities.
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41	96		It shall be the duty of the Office of Juveni le System Oversight
42	97		to conduct not less than one but not more than two regular,
43	98		periodic, but not less than annual, unannounced inspections of
44	99		state-operated children's institutions and facilities and to review
45	100		the reports of the inspections of the State F ire Marshal, and the
46		-	State Department of Health and any agencies which accredit such ~~ENR. H. B. NO. 2313 Page 2~~
	101	+	State Department of Health and any agencies which accredit such
47	102		institutions and facilities. OJSO shall conduct periodic
48	103		inspections of privately operated children's facilities on a
49	104		periodic basis or as needed.
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51	105		B. The Office of Juven ile System Oversight shall:
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53	106		1. Have the authority to examine and copy all records and
54	107		budgets pertaining to the children and youth service system and to
55	108		interview the residents of such facilities and shall have access to
56	109		all facilities within the children and youth service system for the
57	110		purpose of conducting systemic oversight and complaint
58	111		investigations site visits and speaking with the residents of such
59	112		facilities;
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61	113		2. Have the authority to subpoen a witnesses and hold public
62	114		hearings;
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64	115		3. Establish, in accordance with the Dispute Resolution Act,
65	116		Sections 1801 through 1813 of Title 12 of the Oklahoma Statutes, a
66	117		voluntary program for foster parents to mediate complaints
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	119	+	SENATE FLOOR VERSION - HB2313 SFLR Page 3
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67	145		concerning the rights of foste r parents, as provided for in Section
68	146		1-9-119 of Title 10A of the Oklahoma Statutes, that relate to
69	147		certain actions, inactions or decisions of the Department of Human
70	148		Services, the Department of Juvenile Justice, or child -placing
71	149		agencies that may adversel y affect the safety and well-being of
72	150		children in the custody of the state;
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74	151		4. Receive any complaint alleging that an employee of the
75	152		Department of Human Services or a child -placing agency has
76	153		threatened a foster parent with removal of a child from the fo ster
77	154		parent, harassed a foster parent, or refused to pl ace a child in a
78	155		licensed or certified foster home, or disrupted a child placement as
79	156		retaliation or discrimination towards a foster parent who has:
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81	157		a. filed a grievance pursuant to Section 1 -9-120 of Title
82	158		10A of the Oklahoma Statutes,
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84	159		b. provided information to any state official or
85	160		Department employee, or
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87	161		c. testified, assisted, or otherwise participated in an
88	162		investigation, proceeding, or hearing against the
89	163		Department or child-placing agency.
90		-	ENR. H. B. NO. 2313 Page 3
91	164		The Office of Juvenile System Oversight shall forward the
92	165		complaints to the Office of Client Advocacy for investigation
93	166		pursuant to subsection D of Section 1 -9-112 of Title 10A of the
94	167		Oklahoma Statutes. The Office of Juvenile System Oversight shall
95	168		work with the Office of Client Advocacy to ensure the complaints a re
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96	196		investigated and resolved in accordance with the grievance
97	197		procedures provided in Section 1 -9-120 of Title 10A of the Oklahoma
98	198		Statutes. The provisions of this paragraph shall not apply to any
99	199		complaint by a foster parent regarding the result of a crim inal,
100	200		administrative, or civil proceeding for a violation of any law,
101	201		rule, or contract provision by that foster parent, or the action
102	202		taken by the Department or a child -placing agency in conformity wi th
103	203		the result of any such proceeding;
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105	204		5. Issue reports to the Governor, Speaker of the House of
106	205		Representatives, President Pro Tempore of the Senate, Chief Justice
107	206		of the Supreme Court of the State of Oklahoma, any appropriate
108	207		prosecutorial agency, the di rector of the agency under
109	208		consideration, and other per sons as necessary and appropriate; and
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111	209		6. Provide recommendations to the Oklahoma Commission on
112	210		Children and Youth on or before May 1 of each year.
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114	211		C. The Office of Juvenile System Oversight shall no t release
115	212		information that would identify a person who makes a complaint to
116	213		the Office, unless a court of competent jurisdiction orders release
117	214		of the information for good cause shown.
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119	215		SECTION 2. This act shall become effective November 1, 2021.
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122		-	ENR. H. B. NO. 2313 Page 4
123		-	Passed the House of Representatives the 17th day of February,
124		-	2021.
125		-
126		-
127		-
128		-
129		-	Presiding Officer of the House
130		-	of Representatives
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133		-	Passed the Senate the 19th day of April, 2021.
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138		-	Presiding Officer of the Senate
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141		-	OFFICE OF THE GOVERNOR
142		-	Received by the Office of the G overnor this ____________________
143		-	day of ___________________, 20_______, at _______ o'clock _______ M.
144		-	By: _________________________________
145		-	Approved by the Governor of the State of Oklahoma this _________
146		-	day of ___________________, 20_______, at _______ o'clock _______ M.
147		-
148		-
149		-	_________________________________
150		-	Governor of the State of Oklahoma
151		-
152		-	OFFICE OF THE SECRETARY OF STATE
153		-	Received by the Office of the Secretary of State this __________
154		-	day of ___________________, 20_______, at _______ o'clock _______ M.
155		-	By: _________________________________
156		-
	216	+	COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
	217	+	April 5, 2021 - DO PASS