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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3689 By: McDugle
AS INTRODUCED
An Act relating to children; amending 10 A O.S. 2021,
Section 1-9-107, which relates to the Successful
Adulthood Act; modifying eligibility requirements to
receive certain services; authorizing the De partment
of Human Services to seek federal funding for certain
purposes or to participate in certain programs; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-9-107, is
amended to read as follows :
Section 1-9-107. A. This section shall be known and may be
cited as the "Successful Adulthood Act ".
B. The purpose of the Succ essful Adulthood Act shall be:
1. To ensure that eligible indi viduals, who have been or are in
the foster care program of the Department of Human Services or a
federally recognized Indian tribe with whom the Department has a
contract, due to abuse or negl ect, receive the protection and
support necessary to allow thos e individuals to become self-reliant
and productive citizens through the provision of requisite services
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that include, but are not limited to, transitional planning,
housing, medical coverage, and education; provided, that eligibility
for tuition waivers s hall be as set forth in Section 3230 of Title
70 of the Oklahoma Statutes;
2. To break the cycle of abuse and neglect that obligates the
state to assume custody of children; and
3. To help children who have experienced foster care at age
fourteen (14) or older achieve meaningful permanent connections with
a caring adult.
C. An individual is eligible to receive services for the
transition of the child to a successful adulthood from:
1. From the age of fourteen (14) until the age of eighteen
(18), during the time the individual is in the custody of the
Department or a federally recognized Indian tribe and in an out -of-
home placement; and
2. From the age of eighteen (18) until the age of twenty-one
(21) if that individual was in the custody of the Depart ment or a
federally recognized Indian tribe at the time of the individual's
eighteenth birthday and is:
a. completing secondary education or a program leading to
an equivalent credential ,
b. enrolled in an institution which provides
postsecondary or career and technical educations,
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c. participating in a program or activity designed to
promote or remove barriers t o employment,
d. employed at least eighty (80) hours per mo nth, or
e. incapable of doing any of the activities described in
subparagraphs a through d of this paragraph due to a
medical condition, including a developmental or
intellectual disability, which incapability is
supported by regularly updated inf ormation in the
permanency plan of the individual. In such a case,
the individual shall be in compliance with a course of
treatment as recommended by the Department .
D. Successful adulthood s ervices may continue to the age of
twenty-one (21) for:
1. Any individual who meets the requirement s of paragraph 2 of
subsection C of this section but refused such services at the time
the individual turned eighteen (18) years of age if at any time the
individual seeks to regain services prior to the date the individual
turns twenty-one (21) years of age;
2. Any individual who is in the custody of the Department or a
federally recognized Indi an tribe due to abuse or negl ect and is in
an out-of-home placement at the time of the individual's sixteenth
birthday; or
3. Any individual who is sixteen (16) years of age or older and
who has been released from the custody of the Department or
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federally recognized Indian tribe due to the entry of an adoption
decree or guardianship order.
D. E. The permanency plan for the child in transition to a
successful adulthood shall be develo ped in consultation with the
child and, at the option of the child, with up to two members of the
permanency planning team to be chosen by the child, excluding the
foster parent and caseworker for the child, subject to the fol lowing
provisions:
1. One individual selected by the child ma y be designated to be
the advisor and, as necessary, advocate of the child, with respect
to the application of the reasonable and prude nt parent standard to
the child; and
2. The Department may reject an individual selected by the
child to be a member of the permanency planning team at any time if
the Department has good cause to believe that the selected
individual would not act in the best interests of the child.
E. F. 1. Each child in foster care under the responsibility of
the Department or a federall y recognized Indian tribe and in an out-
of-home placement, who has attained fourteen (14) years of age shall
be given a written Notice of Rights that describes the following
specific rights of t he child:
a. the rights of the child with respect to education ,
health, visitation, and court participation,
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b. the right to be provided with the documents specified
in subsection F G of this section, and
c. the right to stay safe and avoid exploitation.
2. The child shall sign an ack nowledgment stating that the
child has been provided with a copy of the Notice of Rights and that
the rights described in the notice have been explained to the child
in an age-appropriate way.
F. G. A child about to leave foster care by reason of having
attained eighteen (18) years of age and who has been in foster care
for at least six (6) months shall be given the following documents
pertaining to the child:
1. An official or certified copy of the United States birth
certificate;
2. A Social Security card issued by the Commissioner of S ocial
Security;
3. Health insurance information;
4. A copy of the medical records of the child;
5. A state-issued driver license or identification card; and
6. Official documentation necessa ry to show that the child w as
previously in foster care.
G. Successful adulthood services may continue to the age of
twenty-one (21), provided the individual is in the custody of the
Department or a federally recognized Indian tribe due to abuse or
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neglect and is in an out-of-home placement at the time of the
individual's sixteenth birthday.
H. Individuals who are sixteen (16) years of age or older, who
have been released from the custody of the Department or federally
recognized Indian tribe due to the entry of an adoption decree or
guardianship order are elig ible to receive successful adulthood
services until the age of twenty -one (21).
I. H. Individuals who are eligible for services pursuan t to the
Successful Adulthood Act and who are between eight een (18) and
twenty-one (21) years of age shall be eligible fo r Medicaid
coverage, provided such individuals were also in the custody of the
Department or a federally recognized Indian tribe on the date they
reached eighteen (18) years of age and meet Medi caid financial
eligibility guidelines.
J. I. The Department, in conjunction with the Oklahoma State
Regents for Higher Education, shall provide parents and legal
guardians of foster youth with info rmation on the Oklahoma Higher
Learning Access Program (OHL AP) including, but not limited to,
eligibility, application gu idelines, academic requirements, and any
other information required by the Oklahoma Higher Learning Access
Act for participation in the Program.
J. The Department is authorized to seek federal funding or to
participate in federal programs developed for the purpose of
providing successful adulthood services to eligible individuals.
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SECTION 2. This act shall become effective November 1, 2022.
58-2-8511 CMA 12/02/21