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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3468 By: Lawson
AS INTRODUCED
An Act relating to children; enacting the Parent
Representation Act; creating the Parent
Representation Program; providing purpose of pro gram;
directing an agency to be selected by the Oklahoma
Supreme Court's Uniform Representation of Children
and Parents in Cases Involving Abuse and Neglect
Oversight Committee to expend funds for certain
purposes; directing the Parent Representat ion Program
to work with certain entities and individuals for
certain purposes; pro viding duties and
responsibilities; providing exception; directing
employment and approval of executive director;
providing qualification requirements; providing
duties of the executive director; granting authority
to contract with certain entities for certain
purposes; requiring the Parent Representation Program
to provide training to contractors; creating the
Parent Representation Program Board; directing
appointment of members; pro viding for terms of
membership; providing duties of Board; defining term;
creating the Parent Representation Program Revolving
Fund; placing the fund with an agency to be selected
by the Oklahoma Supreme Court's Uniform
Representation of Children and Paren ts in Cases
Involving Abuse and Neglect Oversi ght Committee;
establishing fund characteristics; authorizing
budgeting and expenditure of funds for certain
purposes; requiring organization to maintain books
and records; requiring annual audit; providing use
for certain funds; requiring issuance of annual
report; providing for codification; and providing an
effective date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A n ew section of law to be codified
in the Oklahoma Statutes as Section 702 of Title 10, unless there is
created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Parent
Representation Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 703 of Title 10, unless there is
created a duplication in numbering, reads as follows:
A. There is hereby created within an agency to be selected by
the Oklahoma Supreme Court's Uniform Repre sentation of Children and
Parents in Cases Involving Abuse and Neglect Oversi ght Committee the
Parent Representation Program. The purpose of the Parent
Representation Program shall be to ensure uniform and high-quality
legal representation for indigent pa rents, legal guardians, and
custodians in deprived child actions brought by the state pursuant
to the provisions of Sec tion 1–1–101 et seq. of Title 10A of the
Oklahoma Statutes.
B. From funds appropriated or otherwise available for the
purpose of implementing the Parent Representation Act , an agency to
be selected by the Oklahoma Supreme Court's Uniform Representation
of Children and Parents in Cases Involving Abuse and Neglect
Oversight Committee shall issue a request for proposals and cont ract
with an eligible organization to administer the Parent
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Representation Program through the establishment of a central office
for the state. The Parent Representation Program through the
activities of the central office shall work statewide cooperativel y
with judicial districts and attorneys by contracting wi th, training,
compensating, and supporting legal counsel for the parents, legal
guardians, and custodians appointed by the court pursuant to Se ction
1-4-306 of Title 10A of the Oklahoma Statutes. The Parent
Representation Program shall have the responsibility to ensure that
all parents, legal guardians, and custodians who are entitled to
court-appointed counsel are appointed counsel who have the training,
support, and access to resources to provide uniform and high-quality
legal representation. The central office s hall not provide direct
legal representation to clients except in selected appeals.
C. An executive director for the Parent Represen tation Program
shall be employed by the eligibl e organization and approved by the
Parent Representation Program Board. The executive director must
have at least ten (10) years of experience as a licensed attorney
prior to appointment, be licensed to practice law in Oklahoma at the
time of appointment, and be familiar with the unique demands of
representing parents, legal guardians, and cus todians in deprived
child cases in Oklahoma. The executive director shall devote
himself or herself full time to the performance of his or her duties
as executive director and shall not engage in private pra ctice of
law. The executive director, on behalf of the Parent Representation
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Program, shall hire all staff, including employees of the central
office and contract attorneys or other legal providers eligible for
appointment pursuant to Section 1-4-306 of Title 10A of the Oklahoma
Statutes and interdisciplinary contrac tors required to implement the
Parent Representation Act. The executive director shall submit
budget requests and shall report quarterly to the Parent
Representation Program Board.
D. The Parent Representation Progra m shall have authority to
contract with any type of legal entity, including, but not limited
to, law firms, legal services programs, law school clinics, and
individual attorneys as needed. In addition, the Parent
Representation Program shall have authority to contract with and
compensate social workers, parent advocates, and parent mentors to
provide interdisciplinary assistan ce to the attorneys representing
indigent parents, legal guardians, and custodians in t he deprived
child proceedings.
E. The Parent Representation Program shall ensure tha t all
counsel are members of the Okl ahoma Bar Association in good standing
and are adequately trained. The Parent Representation Program shall
provide uniform and high -quality training in collaboration with the
State of Oklahoma Children's Court Improvement Program, the Oklahoma
Bar Association, local bar associations, and other relevant stat e
and national organizations to all attorneys who represent parents,
legal guardians, and custodians in deprived child proceedings. The
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Parent Representation Progra m shall verify that contracted att orneys
providing legal representation to parents, legal guardians , and
custodians meet the standards of practice as approved by the
Oklahoma Supreme Court and caseload limits as developed and
recommended by the Uniform Rep resentation of Children and Parents in
Cases Involving Abuse and Neglect Oversight Committee created by the
Oklahoma Supreme Court. In addition, the Parent Representation
Program shall ensure that all interdisciplinary contrac tors are
provided with unifor m and evidence-based training, resou rces, and
support.
F. The Parent Represent ation Program shall ens ure that all
areas of the state are equitably served and , based on the
appropriations available , shall prioritize those judicial districts
where attorneys are unavailable for court appointments or are
minimally compensated. The Parent Representation Progr am shall
determine where additional attorneys are needed within the sta te's
judicial districts and shall develop additional resour ces.
G. The Parent Representation Program shall ensure that counsel
and interdisciplinary contractors are adequately compensated based
on available appropriations and other funding received and ar e
provided access to resources in order to deliver high -quality legal
representation. The Parent Representation Program is autho rized to
annually review the performance of the attorneys, interdisciplinary
contractors, and entities with which the eligible organization
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contracts, with the goal of helping them to achieve and maintain
high-quality performance. The Parent Representation Program shall
ensure that review measures preserve client confidentiality and
avoid conflicts of interest.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sect ion 704 of Title 10, unless there is
created a duplication in numbering, reads as follows:
A. For the purpose of establishing and providing oversight for
the Parent Representation Program, there is hereby created the
Parent Representation Program Board wi thin an agency to be selected
by the Oklahoma Supreme Court's Uniform Representation of Children
and Parents in Cases Involving Abuse and Neglect Oversi ght
Committee. The Board shall consist of twel ve (12) members as
follows:
1. One member appointed, initially for a one -year term, by the
President Pro Tempore of the Oklahoma State Senate;
2. One member appointed, initially for a one-year term, by the
Speaker of the Oklahoma House of Representatives ;
3. Three members appointed by the Chief Justice of the Oklahoma
Supreme Court, one each initially to be appointed for one-, two-,
and three-year terms, one of whom shall be a retired district or
associate district court judge who served in the juvenile division
of any Oklahoma district court;
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4. Three members appointed by the president of the Oklahoma Bar
Association, one each initially to be a ppointed for one-, two-, and
three-year terms who shall be attorneys with at least five (5) years
of experience in representing parents and children in depriv ed child
proceedings;
5. One member of the Juvenile Justice Oversight and Advisory
Committee to be appointed by the Committee, initially for a two-year
term;
6. The project director for the Stat e of Oklahoma Children's
Court Improvement Program, or a des ignee, to be appointed initially
for a two-year term;
7. One member appointed by the Department of Mental Health and
Substance Abuse Services who shall be a parent with lived experience
with the child welfare system, to be appointed initially for a
three-year term; and
8. One member appointed by the Oklahoma Commission on Children
and Youth who shall be a parent with lived experience with the child
welfare system, to be appointed initially for a three-year term.
Members shall serve three-year staggered terms , and each member
shall serve until a qualified successor is appointed. A vacancy
shall be filled for the remainder of the term in the same manner as
a regular appointment. Members may be reappointed to successive
terms. Members of the Board shall receive no compensation for their
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services on the Board but may be reimbursed pursuant to the State
Travel Reimbursement Act.
B. The Parent Representation Program Board sh all:
1. Annually elect one member to serve as chair and one member
to serve as vice-chair;
2. Meet not less than quarterly and may meet more frequently a s
necessary, as determined by the chair. Seven members shall
constitute a quorum;
3. Review proposals by eligible organizations received by an
agency to be selected by the Oklahoma Supreme Court's Uniform
Representation of Children and Parents in Cases Involving Abuse and
Neglect Oversight Committee pursuant to Section 2 of this act and
recommend to an agency to be selected by the Oklahoma Supreme
Court's Uniform Representation of Children and Parents in Cases
Involving Abuse and Neglect Oversi ght Committee an eligible
organization to administer the Parent Representation Program ;
4. Exercise oversight on be half of an agency to be selected by
the Oklahoma Supreme Court's Uniform Representation of Children and
Parents in Cases Involving Abuse and Neglect Oversi ght Committee
over the selected eligible organization and may take such action as
deemed necessary to ensure proper administration of the Parent
Representation Program ;
5. Work cooperatively with the eligible organization to provide
governance to the Parent Representation Program, to provide fiscal
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oversight of the general operating budget of the prog ram's central
office, to participate in funding decisions relating to the
provision and expansion of parent counsel and the interdisciplinary
contractors within the state , based on annual appropriations and
funds received, and to assist with the duties of t he program's
central office concerning parent counsel training, as needed;
6. Prepare the rules, standards, training requirements for
attorneys and interdisciplinary contractors, and guidelines
necessary to carry out the responsibilities of the Parent
Representation Program for the approval of and promulgation by an
agency to be selected by the Oklahoma Supreme Court's Uniform
Representation of Children and Parents in Cases Involving Abuse and
Neglect Oversight Committee; and
7. Prepare annually and distrib ute to an agency to be selected
by the Oklahoma Supreme Court's Uniform Representation of Children
and Parents in Cases Involving Abuse and Neglect Oversi ght Committee
budget requests and a report detailing expenditures of funds for the
operating expenses of the Parent Representatio n Program, activity
data, and performance measures from implementation of the program
within the selected judicial districts . An agency to be selected b y
the Oklahoma Supreme Court's Uniform Representation of Children and
Parents in Cases Involving Abuse and Neglect Oversi ght Committee
shall distribute the proposed budget and the report to the Speaker
of the House of Representatives and the President Pro Tempore of the
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Senate, who shall distribute the proposed budget and th e report to
the appropriate committee chairs of the respective chambers .
C. As used in this section, "eligible organization" means an
entity that:
1. Is organized as a not -for-profit corporation that is tax
exempt pursuant to the provisions of paragraph (3) of subsection (c)
of Section 501 of the Un ited States Internal Revenue Code of 1986,
as amended;
2. Has as its primary purpose the furnishing of legal
assistance to eligible clients in civil matters;
3. Renders legal services to eligible clients in pre - and post-
petition deprived child proceedin gs; and
4. Is incorporated pursuant to any applicable laws in this
state.
SECTION 4. NEW LAW A new section of law t o be codified
in the Oklahoma Statutes as Section 705 of Title 10, unless there is
created a duplication in numberin g, reads as follows:
A. There is hereby created in the State Treasury a revolving
fund for an agency to be selected by the Oklahoma Supreme Court's
Uniform Representation of Children and Parents in Cases Involving
Abuse and Neglect Oversi ght Committee to be designated the "Parent
Representation Program Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitat ions, and shall
consist of all monies received by an agency to be selected by the
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Oklahoma Supreme Court's Uniform Representation of Children and
Parents in Cases Involving Abuse and Neglect Oversi ght Committee for
indigent parent legal and interdisciplinary representation services
to be provided by the Parent Representation Program . The revolving
fund shall include funds appropriated to the fund, federal funds,
gifts, donations, and grants. All monies accruing to the credit o f
said fund are hereby appropri ated and may be budgeted and expended
by an agency to be selected by the Okl ahoma Supreme Court's Uniform
Representation of Children and Parents in Cases Involving Abuse and
Neglect Oversight Committee pursuant to the recommenda tions of the
Parent Representation Program Board for the purpose of administering
the Parent Representation Program and for the provision of legal and
interdisciplinary services to indigent parents by and through the
Parent Representation Program. By January 31, 2023, and by January
31 of each year thereafter, an agency to be selected by the Oklahoma
Supreme Court's Uniform Representation of Children and Parents in
Cases Involving Abuse and Neglect Oversi ght Committee shall disperse
funds from the Parent Representation Program Revolv ing Fund to the
contracted eligible organization.
B. An agency to be select ed by the Oklahoma Supreme Court's
Uniform Representation of Children and Parents in Cases Involving
Abuse and Neglect Oversi ght Committee shall allocate and expend
funds from the Parent Representation Program Revolving Fund as
recommended by the Parent Representation Program Board to provide
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for the necessary operating costs of the Parent Representation
Program, including court-appointed legal and interdisciplinary
representation to indigent parents, legal guardian s, or custodians
in proceedings governed b y the Oklahoma Children 's Code, to the
extent that funds are available from the Parent Representation
Program Revolving Fund. An agency to be selected by the Oklahoma
Supreme Court's Uniform Representation of Children and Parents in
Cases Involving Abuse and Neglect Oversight Committee shall allocate
and expend these funds pursuant to the contract with the eligible
organization. An agency to be selected by the Oklahoma Supreme
Court's Uniform Representation of Children and Parents in Cases
Involving Abuse and Neglect Oversight Committee may charge an
administrative fee for administering the cont ract.
C. The eligible organization that contracts to operate and
manage the Parent Representation Program to provide legal and
interdisciplinary services shall mai ntain books and records in
accordance with generally accepted accounting principles. The books
and records shall ac count for the receipt and expenditure of all
funds paid pursuant to contract. Books and records shall be
maintained for a period of five (5) years from the close of the
fiscal year of the contract period. The State Auditor and Ins pector
shall audit each organization annually. The necessary expense of
each audit, including, but not limited to, the cost of typing,
printing, and binding, shall be paid from funds of the organization.
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D. An agency to be selected by the Oklahoma Supreme Court's
Uniform Representation of Children and Parents in Cases Involving
Abuse and Neglect Oversi ght Committee may use up to two and one-half
percent (2.5%) of the funds deposited in the Parent Repres entation
Program Revolving Fund available to the Committee in any given
fiscal year to provide financial support staff, financial data entry
staff and facilities, and operating assistan ce for the Parent
Representation Program Board.
E. An annual report issued by an agency to be selected by the
Oklahoma Supreme Court's Uniform Representation of Children and
Parents in Cases Involving Abuse and Neglect Over sight Committee to
the Oklahoma Legislature outlining performance measures for the
Parent Representation Defense Program and recommendations for
ongoing appropriations shall be transmitted to the Oklahoma
Legislature no later than December 31 of each year.
SECTION 5. This act shall become effective November 1, 2022.
58-2-9014 CMA 01/10/22