An Act
ENROLLED 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 Oklah oma 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.
SUBJECT: Children
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 proces s 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 during his
or her incarceration. Grievances may be filed either by the child
or by a person responsible for the juvenile's health or welfare as ENR. H. B. NO. 2317 Page 2
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 Commiss ion'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 System 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
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 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 ENR. H. B. NO. 2317 Page 3
3. Explain all grievance policies and procedures to ever y 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 available 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 Department of Corrections.
SECTION 2. This act shall become effective November 1, 2021 . ENR. H. B. NO. 2317 Page 4
Passed the House of Representatives the 2nd day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the 21st day of April, 2021.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of th e State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of Sta te this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________