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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1344 By: Garvin
AS INTRODUCED
An Act relating to court-appointed special ad vocates;
amending 10A O.S. 2021, Section 1-8-102, which
relates to education and train ing and criminal
history checks; applying certain standards to
required education and training; clarifying
requirements for certain background checks; removing
requirement for payment of certain fee by Oklahoma
Court-Appointed Special Advocate Association; 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 -8-102, is
amended to read as follows:
Section 1-8-102. A. 1. Any court-appointed special advocate
(CASA) available for appointment pursu ant to the Oklahoma Children ’s
Code or the Oklahoma Juvenile Code shall complete education and
training courses in accordance with nati onal and Oklahoma CASA
standards including but not limited to:
a. juvenile law,
b. child abuse and neglect , and
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c. other issues relating to children such as foster care and
parental divorce, including, but not limited to, risk factors which
may identify domestic abuse and potential violence and the
relationship between a lcohol or drug abuse and violence, safe
visitation and supervised visitation arrangements and standards for
a child and parties.
2. The chief judge of the judicial district for which a court-
appointed special advocate serves shall be responsible for
developing and administering procedures and rules for such courses
required pursuant to paragraph 1 o f this subsection.
B. No court-appointed special advocate shall be assigned a case
before:
1. Completing a training program in compliance with nationally
documented Court-Appointed Special Advocate standard s.
Documentation of training shall be submitted annually by local
court-appointed special advocate programs to the Oklahoma Court -
Appointed Special Advocate Association; and
2. Being approved by the loc al court-appointed special advocate
program, which will include appropriate criminal background checks
as provided in subsection C of this section.
C. 1. Notwithstanding any other provi sion of law, each local
court-appointed special advocate program shal l require for any
person making application to becom e a court-appointed special
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advocate volunteer or to be employed by the local court-appointed
special advocate program:
a. a child welfare records search cond ucted by the
Department of Human Services, which shall consist of a
search of the child abuse and neglect information
system maintained by the Department of Human Services
for review by authorized entities,
b. a criminal history re cords search conducted by the
Oklahoma State Bureau of Investigation, and
c. any other background check meeting the requirements as
set forth in Oklahoma Court -Appointed Special Advocate
Association state or national standards for local
programs, for any person making application to become
a court-appointed special advocate volun teer or to be
employed by the local court -appointed special advocate
program. For purposes of this paragraph, “child
welfare records search ” means a search of the child
abuse and neglect information system maintained by the
Department of Human Services fo r review by authorized
entities.
2. If the prospective court-appointed special advocate
volunteer or employee of the local court -appointed special advocate
program has lived in O klahoma for less than one ( 1) year, a criminal
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history records search shall a lso be obtained from the criminal
history state repository of the previous state of residence.
3. The Oklahoma Court-Appointed Special Advocate Association
shall pay the fee for the criminal history record s search provided
in this subsection.
D. 1. Any person participating in a judicial proceedin g as a
court-appointed special advocate shall be presum ed prima facie to be
acting in good faith and in so doing shall be immune from a ny civil
liability that otherwise might be incurred or imposed.
2. Any person serving in a management position of a cour t-
appointed special advocate organization , including a member of the
Board of Directors acting in good faith, shall be immune from any
civil liability or any vica rious liability for the negligence of any
court-appointed special advocate organization advoca tes, managers,
or directors.
SECTION 2. This act shall become effective November 1, 2022.
58-2-3291 TEK 1/18/2022 10:10:25 AM