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SENATE FLOOR VERSION
April 7, 2021
ENGROSSED HOUSE
BILL NO. 2317 By: Lawson, Munson and Dills of
the House
and
Haste and Floyd of the
Senate
An Act relating to children; establishing a grievance
process for children detained in adult facilities;
directing administration by Oklahoma Comm ission 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; directi ng Oklahoma
Commission on Children and Youth to promu lgate 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 sh all
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
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any time prior to or after adjudication or conviction or during his
or her incarceration. Grievances may be filed ei ther 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 Sy stem Oversight shall have the
authority to investigate compla ints, 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 miscond uct,
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 w hen a
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grievance is received. The Office of Juvenile System O versight
shall notify the Department of Human Services when a grievance is
received regarding a child in the custody of the Department of Human
Services.
C. Each facility in which children are being held shall:
1. Make all grievance policies and procedu res 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 p rocedures to every child
during his or her intake at the faci lity.
D. The Oklahoma Commission on Children and Youth shall
promulgate rules for the purposes of administering this section that
are consistent with grievance procedures available to children
detained in juvenile detention facilities as promulgated by th e
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 Department of Corr ections.
SECTION 2. This act shall become effective November 1, 2021 .
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
April 7, 2021 - DO PASS