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ENGROSSED HOUSE
BILL NO. 3468 By: Lawson of the House
and
Rosino of the Senate
[ children - enacting the Parent Re presentation Act -
creating the Parent Representation Pro gram -
creating the Parent Representation Program
Revolving Fund - requiring issuance of annual
report - 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 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 the Administrative Office of
the Courts the Parent Representation Program. The purpose of the
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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 avail able for the
purpose of implementing the Parent Representation Act , an agency to
be selected by the Administrative Office of the Courts shall issue a
request for proposals and contract with an eligible organization to
administer the Parent 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 cooperatively with judicial districts
and attorneys by contracting with, 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.
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C. An executive director for the Parent Represen tation Program
shall be employed by th e eligible 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
Program, shall hire all staff, including employees of the central
office and contract attorneys or other legal providers eligib le 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 t he Parent
Representation Program Board.
D. The Parent Representation Program 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 sha ll have authority to contract with and
compensate social workers, parent advocates, and parent mentors to
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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 collaborati on 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 r epresent parents,
legal guardians, and custodians in deprived child proceedings. The
Parent Representation Progra m shall verify that contracted att orneys
providing legal representation to parents, legal guardians , and
custodians meet the standards of prac tice as approved by the
Oklahoma Supreme Court and caseload limits as developed and
recommended by the Administrative Office of the Courts 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, resources, and
support.
F. The Parent Represent ation Program shall ens ure that all
areas of the state are equi tably served and, based on the
appropriations available , shall prioritize those judicial districts
where attorneys are unavailable for court appointments or are
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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 an d 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
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 p roviding oversight for
the Parent Representation Program, there is hereby created the
Parent Representation Program Board wi thin an agency to be selected
by the Administrative Office of the Courts . The Board shall consist
of twelve (12) members as follows:
1. One member appointed, initially for a one -year term, by the
President Pro Tempore of the Oklahoma State Senate;
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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;
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
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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
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 Administrative Office of the Courts
pursuant to Section 2 of this act and recommend to an agency to be
selected by the Administrative Office of the Courts an eligible
organization to administer the Parent Representation Progra m;
4. Exercise oversight on be half of an agency to be selecte d by
the Administrative Office of the Courts over the selected eligible
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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
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 Administrative Office of the Courts ;
and
7. Prepare annually and distrib ute to an agency to be selected
by the Administrative Office of the Courts budget requests and a
report detailing expenditures of funds for the operating expens es 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 Administrative
Office of the Courts shall distribute the proposed budget and the
report to the Speaker of the House of Representatives and the
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President Pro Tempore of the Senate, who shall distribute t he
proposed budget and the 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 United 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 proceedings; 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 Sec tion 705 of Title 10, unless there is
created a duplication in numbering, reads as follows:
A. There is hereby created in the State Treasury a revolving
fund for an agency to be selected by the Administrative Office of
the Courts 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 Administrative Office of the
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Courts for indigent parent legal and interdisciplinary
representation services to be provided by th e 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 appropriated and may
be budgeted and expended by an agency to be selected by the
Administrative Office of the Courts pursuant to the recommenda tions
of the Parent Represen tation 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 Represent ation Program. By
January 31, 2023, and by January 31 of each year thereafter, an
agency to be selected by the Administrative Office of the Courts
shall disburse funds from the Parent Representation Program
Revolving Fund to the contracted eligible organizat ion.
B. An agency to be select ed by the Administrative Office of the
Courts shall allocate and expend funds from the Parent
Representation Program Revolving Fund as recommended by the Parent
Representation Program Board to p rovide for the necessary operating
costs of the Parent Representation Pr ogram, including court-
appointed legal and interdisciplinary representation to indigent
parents, legal guardians, 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
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be selected by the Administrative Office of the Courts shall
allocate and expend these funds pursuant to the contract with the
eligible organization. An agency to be selected by the
Administrative Office of the Courts 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.
D. An agency to be selected by the Administrative Office of the
Courts may use up to two and one-half percent (2.5%) of the funds
deposited in the Parent Representation Program Revolving Fund
available to the Office in any given fiscal year to provide
financial support staff, financial data entry staff and facilities,
and operating assistance for the Parent Representation Program
Board.
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E. An annual report issued by an agency to be selected by the
Administrative Office of the Courts to the Oklahoma Legislature
outlining performance measures for the Parent Representation Defense
Program and recommendations for on going 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.
Passed the House of Representatives the 14th day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Senate