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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislature (2022)
31	31
32	32	HOUSE BILL 3689 By: McDugle
33	33
34	34
35	35
36	36
37	37
38	38	AS INTRODUCED
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40	40	An Act relating to children; amending 10 A O.S. 2021,
41	41	Section 1-9-107, which relates to the Successful
42	42	Adulthood Act; modifying eligibility requirements to
43	43	receive certain services; authorizing the De partment
44	44	of Human Services to seek federal funding for certain
45	45	purposes or to participate in certain programs; and
46	46	providing an effective date.
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52	52	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	53	SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-9-107, is
54	54	amended to read as follows :
55	55	Section 1-9-107. A. This section shall be known and may be
56	56	cited as the "Successful Adulthood Act ".
57	57	B. The purpose of the Succ essful Adulthood Act shall be:
58	58	1. To ensure that eligible indi viduals, who have been or are in
59	59	the foster care program of the Department of Human Services or a
60	60	federally recognized Indian tribe with whom the Department has a
61	61	contract, due to abuse or negl ect, receive the protection and
62	62	support necessary to allow thos e individuals to become self-reliant
63	63	and productive citizens through the provision of requisite services
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90	90	that include, but are not limited to, transitional planning,
91	91	housing, medical coverage, and education; provided, that eligibility
92	92	for tuition waivers s hall be as set forth in Section 3230 of Title
93	93	70 of the Oklahoma Statutes;
94	94	2. To break the cycle of abuse and neglect that obligates the
95	95	state to assume custody of children; and
96	96	3. To help children who have experienced foster care at age
97	97	fourteen (14) or older achieve meaningful permanent connections with
98	98	a caring adult.
99	99	C. An individual is eligible to receive services for the
100	100	transition of the child to a successful adulthood from:
101	101	1. From the age of fourteen (14) until the age of eighteen
102	102	(18), during the time the individual is in the custody of the
103	103	Department or a federally recognized Indian tribe and in an out -of-
104	104	home placement; and
105	105	2. From the age of eighteen (18) until the age of twenty-one
106	106	(21) if that individual was in the custody of the Depart ment or a
107	107	federally recognized Indian tribe at the time of the individual's
108	108	eighteenth birthday and is:
109	109	a. completing secondary education or a program leading to
110	110	an equivalent credential ,
111	111	b. enrolled in an institution which provides
112	112	postsecondary or career and technical educations,
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139	139	c. participating in a program or activity designed to
140	140	promote or remove barriers t o employment,
141	141	d. employed at least eighty (80) hours per mo nth, or
142	142	e. incapable of doing any of the activities described in
143	143	subparagraphs a through d of this paragraph due to a
144	144	medical condition, including a developmental or
145	145	intellectual disability, which incapability is
146	146	supported by regularly updated inf ormation in the
147	147	permanency plan of the individual. In such a case,
148	148	the individual shall be in compliance with a course of
149	149	treatment as recommended by the Department .
150	150	D. Successful adulthood s ervices may continue to the age of
151	151	twenty-one (21) for:
152	152	1. Any individual who meets the requirement s of paragraph 2 of
153	153	subsection C of this section but refused such services at the time
154	154	the individual turned eighteen (18) years of age if at any time the
155	155	individual seeks to regain services prior to the date the individual
156	156	turns twenty-one (21) years of age;
157	157	2. Any individual who is in the custody of the Department or a
158	158	federally recognized Indi an tribe due to abuse or negl ect and is in
159	159	an out-of-home placement at the time of the individual's sixteenth
160	160	birthday; or
161	161	3. Any individual who is sixteen (16) years of age or older and
162	162	who has been released from the custody of the Department or
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189	189	federally recognized Indian tribe due to the entry of an adoption
190	190	decree or guardianship order.
191	191	D. E. The permanency plan for the child in transition to a
192	192	successful adulthood shall be develo ped in consultation with the
193	193	child and, at the option of the child, with up to two members of the
194	194	permanency planning team to be chosen by the child, excluding the
195	195	foster parent and caseworker for the child, subject to the fol lowing
196	196	provisions:
197	197	1. One individual selected by the child ma y be designated to be
198	198	the advisor and, as necessary, advocate of the child, with respect
199	199	to the application of the reasonable and prude nt parent standard to
200	200	the child; and
201	201	2. The Department may reject an individual selected by the
202	202	child to be a member of the permanency planning team at any time if
203	203	the Department has good cause to believe that the selected
204	204	individual would not act in the best interests of the child.
205	205	E. F. 1. Each child in foster care under the responsibility of
206	206	the Department or a federall y recognized Indian tribe and in an out-
207	207	of-home placement, who has attained fourteen (14) years of age shall
208	208	be given a written Notice of Rights that describes the following
209	209	specific rights of t he child:
210	210	a. the rights of the child with respect to education ,
211	211	health, visitation, and court participation,
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238	238	b. the right to be provided with the documents specified
239	239	in subsection F G of this section, and
240	240	c. the right to stay safe and avoid exploitation.
241	241	2. The child shall sign an ack nowledgment stating that the
242	242	child has been provided with a copy of the Notice of Rights and that
243	243	the rights described in the notice have been explained to the child
244	244	in an age-appropriate way.
245	245	F. G. A child about to leave foster care by reason of having
246	246	attained eighteen (18) years of age and who has been in foster care
247	247	for at least six (6) months shall be given the following documents
248	248	pertaining to the child:
249	249	1. An official or certified copy of the United States birth
250	250	certificate;
251	251	2. A Social Security card issued by the Commissioner of S ocial
252	252	Security;
253	253	3. Health insurance information;
254	254	4. A copy of the medical records of the child;
255	255	5. A state-issued driver license or identification card; and
256	256	6. Official documentation necessa ry to show that the child w as
257	257	previously in foster care.
258	258	G. Successful adulthood services may continue to the age of
259	259	twenty-one (21), provided the individual is in the custody of the
260	260	Department or a federally recognized Indian tribe due to abuse or
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287	287	neglect and is in an out-of-home placement at the time of the
288	288	individual's sixteenth birthday.
289	289	H. Individuals who are sixteen (16) years of age or older, who
290	290	have been released from the custody of the Department or federally
291	291	recognized Indian tribe due to the entry of an adoption decree or
292	292	guardianship order are elig ible to receive successful adulthood
293	293	services until the age of twenty -one (21).
294	294	I. H. Individuals who are eligible for services pursuan t to the
295	295	Successful Adulthood Act and who are between eight een (18) and
296	296	twenty-one (21) years of age shall be eligible fo r Medicaid
297	297	coverage, provided such individuals were also in the custody of the
298	298	Department or a federally recognized Indian tribe on the date they
299	299	reached eighteen (18) years of age and meet Medi caid financial
300	300	eligibility guidelines.
301	301	J. I. The Department, in conjunction with the Oklahoma State
302	302	Regents for Higher Education, shall provide parents and legal
303	303	guardians of foster youth with info rmation on the Oklahoma Higher
304	304	Learning Access Program (OHL AP) including, but not limited to,
305	305	eligibility, application gu idelines, academic requirements, and any
306	306	other information required by the Oklahoma Higher Learning Access
307	307	Act for participation in the Program.
308	308	J. The Department is authorized to seek federal funding or to
309	309	participate in federal programs developed for the purpose of
310	310	providing successful adulthood services to eligible individuals.
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337	337	SECTION 2. This act shall become effective November 1, 2022.
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339	339	58-2-8511 CMA 12/02/21

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3689 Compare Versions