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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2317 By: Lawson
AS INTRODUCED
An Act relating to children; establishing a grievance
process for children detained in adult fa cilities;
directing administration by Oklahoma Commission on
Children and Youth; granting investigatory authority
to the Office of Juvenile System Oversight; requiring
notice to certain agencies; requiring facilities to
make procedures available; directing Oklahoma
Commission on Children and Youth to promulgate rules;
making grievance process inapplicable to certain
children; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2 -3-105 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
A. The Oklahoma Commission on Children and Youth shall
administer a grievance process to be utilized by children detained
in an adult jail, adult lockup, adult detention or other adult
facility. The grievance process shall be available to a child at
any time prior to or after adjudication or conviction or du ring his
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or her incarceration. Grievances may be filed either by the child
or by a person responsible for the juvenile's health or welfare as
defined by Section 2 -1-103 of Title 10A of the Oklahoma Statutes
acting on the child's behalf.
B. Grievances shall be directed to the Commission's Office of
Juvenile System Oversight for investigation, resolution and referral
to the appropriate agency if deemed necessary, including, but not
limited to, the State Department of Health.
1. The Office of Juvenile Syste m Oversight shall have the
authority to investigate complaints, including, but not limited to,
the following:
a. placement,
b. treatment,
c. psychological services,
d. social services,
e. educational services,
f. recreation,
g. abuse, neglect or misconduct ,
h. cleanliness and hygiene, and
i. routine problems with employees, contractors or other
incarcerated persons within the facility.
2. The Office of Juvenile System Oversight shall notify the
Office of Juvenile Affairs compliance monitor or designee when a
grievance is received. The Office of Juvenile System Oversight
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shall notify the Oklahoma Department of Human Services when a
grievance is received regarding a child in the custody of the
Oklahoma Department of Human Services.
C. Each facility in whic h children are being held shall:
1. Make all grievance policies and procedures available upon
request to any member of the public;
2. Make grievance policies and procedures readily accessible to
any children in the facility; and
3. Explain all grievance policies and procedures to every child
during his or her intake at the facility.
D. The Oklahoma Commission on Children and Youth shall
promulgate rules for the purposes of administering this section that
are consistent with grievance procedures availabl e to children
detained in juvenile detention facilities as promulgated by the
Office of Juvenile Affairs.
E. The provisions of this section shall not apply to any child
housed in a Department of Corrections facility or housed under a
contract with the Dep artment of Corrections.
SECTION 2. This act shall become effective November 1, 2021 .
COMMITTEE REPORT BY: COMMITTEE ON CHILDREN, YOUTH AND FAMILY
SERVICES, dated 02/09/2021 - DO PASS.