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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 537 By: Rosino
AS INTRODUCED
An Act relating to children; amending 10 O.S. 2011,
Section 601.1, which relates to membership of
Oklahoma Commission on Children and Youth; modifying
membership of Commission; directing Governor to
appoint member; modifying name of certain entity;
clarifying term limitat ion for certain members;
requiring membership terms to coincide with fiscal
year; amending 10 O.S. 2011, Section 601.5, which
relates to powers and duties of Director; removing
duty of Director to receive Commission advice and
approval in hiring staff; amending Section 1, Chapter
231, O.S.L. 2018 (10 O.S. Supp. 2020, Section
601.14), which relates to Children’s Endowment Fund
of Oklahoma; modifying purpose of Children’s
Endowment Fund of Okl ahoma; requiring Commission to
promulgate rules for specified purposes; modifying
name of certain entity; allowing certain p ercentage
of funds to be used; allowing available funds to be
used on Family Advisory Council for specified
purposes; limiting expenditures of Children’s
Endowment Fund of Oklahoma; amending 10 O.S. 2011,
Section 601.20, which relates to Children of
Incarcerated Parents Task Force; modifying name of
certain entity; amending 10 O.S. 2011, Section
1116.2, which relates to postadjudication review
boards; modifying names of certain entities;
increasing term length f or members; amending 10 O.S.
2011, Sections 1116.3, 1116.4 and 1116.6, which
relate to postadjudication review boards; amending 10
O.S. 2011, Section 1150.3 , which relates to Child
Death Review Board; amending 10 O.S. 2011, Section
7007-1.9, which relates to Task Force on Reactive
Attachment Disorder in Children; amending 10A O.S.
2011, Section 1-4-804, which relates to notification
of movement of child in the custody of Department of
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Human Services; amending 10A O.S. 2011, Section 1 -4-
810, as amended by Section 5, Chapter 1 05, O.S.L.
2014 (10A O.S. Supp. 2020, Section 1-4-810), which
relates to permanency meeting and reports; amending
10A O.S. 2011, Section 1 -6-103, as last amended by
Section 3, Chapter 42, O.S.L. 2017 (10A O.S. Supp.
2020, Section 1-6-103), which relates to inspection
of children’s records without court order; amending
10A O.S. 2011, Section 1 -9-118, which relates to
contracts for foster care placement; amending 63 O.S.
2011, Section 1-227.9, which relates to Child Abuse
Training and Coordination Council ; modifying names of
certain entities; renumbering Section 2, Chapter 199,
O.S.L. 2019 (10 O.S. Supp. 2020, Section 1150.6 ),
which relates to child-maltreatment medical review;
providing for recodification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 10 O.S. 2011, Section 601.1, is
amended to read as follows:
Section 601.1. A. There is hereby created the Oklahoma
Commission on Children and Youth which shall be composed of nineteen
(19) members. The membership shall include:
1. The Director of the Department of Human Services, the State
Commissioner of Health, the Commissioner of the Department of Ment al
Health and Substance Abuse Services, the State Superintendent of
Public Instruction, the Administrator of the Oklahoma Health Care
Authority, the Director of the State Department o f Rehabilitation
Services, and the Chair of the SJR 13 Oversight Committe e;
2. The Executive Director of the Office of Juvenile Affairs;
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3. Five members who shall be appointed by the Governor from a
list submitted by the governing board of each of the fo llowing
organizations:
a. the Oklahoma Children’s Agencies and Residentia l
Enterprises,
b. one statewide association of youth services,
c. the Oklahoma Bar Association,
d. the Oklahoma District Attorneys Association, and
e. a statewide court-appointed Special Advocate
Association;
4. One member appointed by the Governor who sh all represent one
of the metropolitan juvenile bureaus;
5. One member representing business or industry, appointed by
the Governor;
6. One member who is the parent of a child with s pecial needs,
appointed by the Speaker of the House of Representatives;
7. One member with a demonstrated interest in improving
children’s services who is not employed by a state agency or a
private organization that recei ves state funds, appointed by the
President Pro Tempore of the Senate;
8. One member who represents a com munity partnership board to
be elected pursuant to the guidelines esta blished by the Oklahoma
Commission on Children and Youth; and
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9. One member who shall be appointed by the Govern or from a
list of three names submitted by the Post Adjudication State Citizen
Review Board for Children and Youth ; and
9. One member who shall be appointed by the Governo r who is a
member of a Native American Tribe with professional experience with
and working knowledge of the federal Indian Child Welfare Act and
the Oklahoma Indian Child Welfare Act.
B. The appointed members shall have had active experience in
services to children and youth and may serve four terms of tw o (2)
years each. Any appointed member serving on the Commission on the
effective date of this act shall be entitled to complete his or her
term and shall be eligible to serve one additional te rm of two (2)
years. Any person who served on the Commission prior to the
effective date of this act shall be eligible to serv e one additional
term of two (2) years A person appointed to fill the remainder of a
vacant term shall, upon completion of that t erm, be eligible to
serve four additional two -year terms. Terms shall coincide with the
fiscal year.
C. The Oklahoma Commissi on on Children and Youth shall prov ide
a monthly report on commission member at tendance to the appointing
authorities.
SECTION 2. AMENDATORY 10 O.S. 2011, Section 601. 5, is
amended to read as follows:
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Section 601.5. A. The Oklahoma Commission on Children and
Youth shall appoint a Director who shall be a pers on having
experience in the operation and administ ration of services to
children and youth. Such Director shall be appointed for a term of
two (2) years, and may be reappointed . Such Director may be
dismissed only for cause. The Director shall:
1. Employ such staff as may be necessary to perform the d uties
of the Commission, with the advice and approval of the C ommission;
2. Prepare the State Plan for Services to Children an d Youth,
the Annual Report required by Section 601.9 of this title, other
reports as necessary and appropriate and an annual budg et for the
approval of the Commission;
3. Formulate and recom mend rules and regulations for approval
or rejection by the Commi ssion;
4. Serve as chief executive officer of the Oklahoma Commission
on Children and Youth; and
5. Act as agent as authorized for the Commission in the
performance of its duties.
B. The Director may periodically convene issue-specific task
groups for the purpose of improving services fo r children and youth.
A copy of any report or recommendations which result from meetings
of a task group shall be provided to the Commission, Governor,
Speaker of the House of Representatives, President Pro Tempore of
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the Senate and the director of each s tate agency affected by the
report or recommendations.
SECTION 3. AMENDATORY Section 1, Chapter 231, O.S.L.
2018 (10 O.S. Supp. 2020, Section 601.14), is amended to read as
follows:
Section 601.14. A. There is hereby created in th e State
Treasury a fund for the Oklahoma Com mission on Children and Youth to
be designated the “Children’s Endowment Fund of Oklahoma ”. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received t hrough donations or
interest earned by inves tment of monies in the fund. The fund shall
be invested by the State Treasurer in accordance with Section 89.2
of Title 62 of the Oklahoma Statutes.
B. Funds deposited into th e Children’s Endowment Fund of
Oklahoma and any earnings therefrom, including any interest,
dividends or realized capital gains f rom investment of monies in the
fund, shall be administered by the Oklahoma Commission on Children
and Youth for the purpose of awarding which is authorized to aw ard
grants in order to stimulate further the public purpose of
stimulating a broad range of innovative programs, activities, or
research or evaluation that will improve the well-being and reduce
the adverse childhood expe riences of Oklahoma’s children. The funds
shall not be used to expand existing services or to support ongoing
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core services. The Commission may also direct the State Treasurer
to reinvest any earnings into the corpus of the fund.
C. The Oklahoma Commiss ion on Children and Youth shall
promulgate rules to:
1. Establish a Parent Partnership Board Family Advisory Council
for the purpose of informing the work of Oklahoma ’s child-serving
systems including the development and evaluation of the grants ,
assisting members of the Commission and the ir respective entities
with areas of concern, supporting the Commission in the process of
developing and awarding grants supported by the Children’s Endowment
Fund of Oklahoma and other activities upon request ; and
2. Establish criteria and procedures fo r awarding grants
supported by the Children ’s Endowment Fund of Oklahoma.
D. The Oklahoma Commission on C hildren and Youth shall may use
up to ten percent (10%) of the funds deposite d in the Children’s
Endowment Fund of Oklahoma to be available to the Commission in any
given fiscal year to provide administration, ov ersight, training or
evaluation of the grant ees or the Family Advisory Council .
E. When funding is available, the O klahoma Commission on
Children and Youth is authorized to use public or private funds, or
both, to compensate members of the Family Ad visory Council for their
time and reimburse for tr ansportation and childcare expenses related
to meetings or events of the Family Advisory Council in order to
reduce barriers to participation.
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F. Monies from the fund may be expended by the Oklahoma
Commission on Children and Youth in accordance with the provisions
of this section upon warrants issued by the State Treasurer against
claims filed as prescribed by law wi th the Director of the Offi ce of
Management and Enterprise Services for approval and payment.
G. Notwithstanding any other provision of law, funds deposited
in the Children’s Endowment Fund of Oklahoma shall only be expended
as provided in this section.
SECTION 4. AMENDATORY 10 O.S. 2011, Section 601.20, is
amended to read as follows:
Section 601.20. A. There is hereby created the Children of
Incarcerated Parents Ta sk Force to recommend to the Legislature and
other policymakers measures that promote the safety and well-being
of children whose parents are incarcerated.
B. The task force shall be composed of twenty -one (21) members
as follows:
1. The Director of the Department of Human Services, or
designee;
2. The Executive Director of the Office of Juvenile Affai rs, or
designee;
3. The State Commissioner of Health, or designee;
4. The Commissioner of Mental Healt h and Substance Abuse
Services, or designee;
5. The Director of the Department of Corrections, or designee;
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6. The State Superintendent of Public Inst ruction, or designee;
7. The Director of the Oklahoma Commission on Children and
Youth, or designee;
8. The Executive Director of the District Attorneys Council, or
designee;
9. A judge with experience in both criminal and juvenile
proceedings to be app ointed by the President Pro T empore of the
Senate;
10. A representative of an association of sheriffs o r police
chiefs in the state to be appointed by the President Pro Tempore of
the Senate;
11. A representative of a program in the eastern part of the
state that provides girls an o pportunity to visit their incarcerated
mothers and to participate in mother -daughter meetings to be
appointed by the Speaker o f the House of Representatives;
12. A member of the State Post Adjudication Citizen Review
Board for Children and Youth to be appointed by the Speaker of the
House of Representatives;
13. A representativ e of the Department of Commerce to be
appointed by the Governor;
14. A representative from the University of Oklahoma with
expertise in the area of incarcerated individuals and their children
to be appointed by the President Pro Tempore of the Senate;
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15. A representative from Oklahoma State Univ ersity with
expertise in the area of incarcerated individuals and their children
to be appointed by the Speaker of the House of Representatives;
16. A representative of a community planning agency from the
northeast quadrant of the state to be appointed b y the President Pro
Tempore of the Senate;
17. A representative of the faith community to be appointed by
the Speaker of the House of Representatives;
18. A mother who was incarcerated at a time when she had a
young child to be appointed by the Speaker o f the House of
Representatives;
19. A parent who has been incarcerated to be appointed by the
Speaker of the House of Representatives;
20. A representative of an India n tribe to be appointed by the
Governor; and
21. A representative of the Governor ’s office to be appointed
by the Governor.
C. Members of the Task Force shall serve at the pleasur e of the
appointing authority. Vacancies in a position shall be filled in
the same manner as the original appointment.
D. The task force shall have seven subcom mittees as follows:
1. Safety protocols;
2. Data collection;
3. Outreach and education;
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4. Economic supports;
5. Research;
6. Resource clearinghouse; and
7. Review of existing legislation affecting children of
incarcerated parents.
E. The task force shall submit to the Governor, the President
Pro Tempore of the Senate, and the Speaker of th e House of
Representatives a report no later than January 1, 2012, that
identifies services to children of incarcerated parents that promote
their safety and well -being. The task force shall terminate by
operation of law on February 1, 2012.
F. The report by the task force shall reflect the goals,
outcomes, and recommendations of the seven subcommittees established
in subsection D of this section.
G. The Task Force shall hold an organizational meeting not
later than September 1, 2011. The task force sha ll elect a chair
and vice-chair at the first meeting. The task force shall meet at
least once monthly.
H. Staff support for the task force shall be provided by the
Oklahoma Commission on Children and Youth.
I. Members of the task force shall serve witho ut compensation,
and shall not be reimbursed for necessary travel expenses incurred
in the performance of their duties.
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J. The task force may make use of any res ources, both public
and private, that will provide information and analysis that assists
in executing its statutory mission.
SECTION 5. AMENDATORY 10 O.S. 2011, Section 1116.2, is
amended to read as follows:
Section 1116.2. A. There is hereby established a
postadjudication citizen review board for children and youth in each
judicial district in the state. Members and alternate members of
the postadjudication citizen review boards for children and youth
shall be residents of or employed within the judicial distri ct in
which the board serves and shall be appointed by the Dir ector of the
Oklahoma Commission on Children and Youth after consult ation with
judges in the judicial distr ict having juvenile docket
responsibility, provided that in the event of a conflict of interest
or for any reason when circumstances or the appearanc es of justice
dictate, the Director of the Oklahoma Commission on Children and
Youth may transfer the appoi ntment decision to the entire Oklahoma
Commission on Children and Youth whose decision shall be final and
further provided, that any aggrieved aspira nt may appeal the
decision denying appointment by the Director of th e Oklahoma
Commission on Children and Youth within five (5) days to the
Oklahoma Commission on Children and Youth whose decision shall be
final. The Oklahoma Commission on Children and Youth may establish
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additional postadjudication citizen review boards for children and
youth as needed for each county within a judicial district.
B. A postadjudication citizen review board for children and
youth for each judicial district shall consist of at least five (5)
members. Alternate review board members may be ap pointed to serve
in the absence of a regularly appointed board member. Alternate
board members shall be appointed in the same manner as r egularly
appointed board members. On and after Se ptember 1, 1991, currently
serving board members shall serve until a ppointments are made by the
Oklahoma Commission on Children and Youth. The Oklahoma Commission
on Children and Youth shall complete initial appointments to the
review boards no later than June 30, 1992.
C. Board members shall be appointed for a term of three (3)
five (5) years. Members shall serve after the expiration of their
terms until their respecti ve successors shall have been a ppointed.
Vacancies shall be filled for the duration of unexpir ed terms. The
review board members shall be appointed according to the following
guidelines:
1. One member shall be a person who has training or experience
in issues concerning child welfare , or a person who has d emonstrated
an interest in children throu gh voluntary community service or
professional activities;
2. Whenever possible, at least one member of the board shall be
an individual who has served as a fos ter parent, provided that no
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person on the review boar d shall participate as a board member in
any review hearing in which the person is a party; and
3. No more than one person employed by any child welfare agency
or juvenile court may be appointed to a b oard at the same time,
provided such person shall not participate in any review hearing in
which the person is professionally involved.
D. Each postadjudication citizen review board for children and
youth shall annually elect a chair and shall notify the Oklahoma
Commission on Children and Youth as to the name and address of the
chair. A list of the members of each local board and its officers
shall be filed with the Presiding Judge of the judicial dis trict and
each judge within the district having juveni le docket
responsibility.
E. There shall be a rebuttable presumption t hat a person
participating in a judicial proceeding as a postadjudication member
of a citizen review board member for children and youth or a
postadjudication review advisory board the State Citizen Review
Board for Children and Youth or postadjudication review board
coordinator of a citizen review board for children and youth is
acting in good faith. When acting in good fait h, a participant
shall be immune from any civi l liability that might otherwise be
incurred or imposed. Each postadjudication citizen review board for
children and youth shall meet as often as is n ecessary at a place it
designates to carry out the duties o f the board established by
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Section 1116.3 of this titl e. The review board shall meet at least
twice annually. Each review boa rd shall be subject to the
provisions of the Oklahoma Open Meeting Act , except that the actual
case reviews shall be held in exec utive session; provided, however,
that upon the reques t of the board, members or prospective members
of other existing review b oards, students or researchers may attend
and observe but not particip ate in board hearings subject to
restrictions and condition s imposed by the board. Members and
employees of the State Postadjudication Citizen Review Board for
Children and Youth Advisory Board who are exercising their oversight
responsibilities pursuant to Section 1116.6 of this title may attend
and observe but not participate in board hearings. All parties
shall maintain confidentiality, and the nam es of the children in
placement shall not be published. Temporary ad hoc review boards
may be created in counties in which th ere is no active review board.
The Director of the Oklahoma Commission on Children and Youth may
appoint active or alternate memb ers of existing review boards to
serve as members of local boards that are unable to meet quorum
requirements and to temporari ly constitute members of a new board
where no current board exists. A member appointed to temporary
service shall be fully qualif ied as provided by law, and such
service shall terminate when the basis for the appointment is
remedied or upon the order of t he Director.
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F. As a condition of membership thereto, members and alternates
of the postadjudication citizen review boards for children and youth
shall attend the next available ori entation program after
appointment to the board. Fa ilure to attend an orientation program,
at the discretion of the Oklahoma Commission on Children and Youth,
may result in the removal of the board member. Members of
postadjudication citizen review boards for children and youth shall
attend the annual meeting or training progr ams or both such meeting
and training programs as are authorized and directed by the
Commission on Children and Youth.
G. Members of postadjudication citizen review boards for
children and youth shall serve without compensation, bu t shall be
reimbursed for travel and training expenses from mon ies appropriated
by the Legislature for such purposes, as prov ided by the State
Travel Reimbursement Act. The Oklahoma Commission on Children and
Youth shall provide members of postadjudication citizen review
boards for children and youth with necessary operating supplies and
postage fees or members shal l be reimbursed for these expenses.
H. The Oklahoma Commission on Children and Youth shall be
responsible for developing procedures for the removal of a member
from a postadjudication citizen review board for children and youth.
The grounds for the removal of a postadjudication member of a
citizen review board member for children and youth shall include but
not be limited to:
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1. Failure to attend board meetings as required by the
Commission on Children and Youth;
2. Engaging in illegal conduct involving moral tur pitude;
3. Engaging in conduct involving dishonesty, fraud, deceit , or
misrepresentation; or
4. Wrongful disclosure of information as provide d by Section
1116.4 of this title.
I. Necessary staff assistance required by the postadjudication
citizen review boards for children and youth may be provided by the
bailiff or bailiffs, or other person designated by the court, of the
judges with juvenile docket respon sibility in the judicial district.
Upon the request of the presiding judge, the Chief Justice of the
Supreme Court may authorize additional staff to be paid from local
court funds to assist the review board.
The Administrative Director of the Courts may i nclude such
additional funding requests in the annual budget for the courts as
are necessary to provi de staff and administrative s upport for the
review boards.
SECTION 6. AMENDATORY 10 O.S. 2011, Section 1116.3, is
amended to read as follows:
Section 1116.3. A. Postadjudication Citizen review boards for
children and youth shall function in an advisory capacity to the
district court and, in accordance with t he provisions of subsection
C of this section, the distri ct planning and coordination boards for
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services to children and yo uth of the Oklahoma Commission on
Children and Youth.
The duties of a review board shall be to:
1. Review the case of every adjudic ated deprived child at least
once every six (6) months an d submit to the court within ten (10)
days of any review hearing it s findings and recommendations.
a. Such review shall include, but not be limited to,
consideration and evaluation of:
(1) the appropriateness of the goals and objective s
of the treatment and service plan,
(2) the appropriateness of the goals and objectives
of the permanency plan and permanency planning,
and
(3) the appropriateness of the services provided to
the child, and to the paren t, stepparent, or
other adult living in the home of the child, or
legal guardian, or custodian.
b. Reviews of cases and repo rts to the court shall be
scheduled to ensure that the court receives the
findings and recommendations of the review board prior
to each regularly scheduled six -month review of the
case by the court;
2. Review the case of every child alleged to be deprive d and
held in an out-of-home placement six (6) months after removal and
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every six (6) months thereafter until adjudication occurs or the
child is released from out -of-home placement and su bmit to the court
within ten (10) days of any scheduled hearing its findings and
recommendations. Such review shall in clude, but not be limited to,
consideration and evaluation of:
a. whether the continued out-of-home placement is in the
best interests of the child in light of the child ’s
need for permanency and recognizi ng that permanency is
in the best interests of the child,
b. the appropriateness of the continued out -of-home
placement, and
c. in the absence of a court-ordered treatment and
service plan, the appropriateness of the services
provided to the child and any family members or other
adult living in the home of the child;
3. Review the case of every child adjudicated deprived pursuant
to the laws of another state or territo ry, when the child is
currently residing in Oklahoma and the Department of Human Services
has been notified of the change of residence by th e other state or
territory and has agreed to provide services to the child pursua nt
to the Interstate Compact on the Placement of Childre n or other
agreement concerning the child. The Department shall not ify the
proper review board of the location of the child and shall provide
such review board with information received by the Depart ment from
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the other state concernin g the child or placem ent along with any
reports made by the Department concerning the chi ld or placement.
The review board shall report its findings to the Department and may
report such findings to the agency or court i n the state having
jurisdiction for the custody of the c hild. The child and the
custodian of the child may be required to b e present at the review
board’s meeting regarding t he child;
4. If approved by the court, review the case of any juvenile
adjudicated delinquent or in need of supervi sion. Such review sh all
include, but not be limited to, consideration and evaluation of:
a. the appropriateness of the placement,
b. the appropriateness of the services provided to the
child and any family members or oth er adult living in
the home of the child, and
c. the appropriateness of the goals and objectives of the
treatment and servic e plan; and
5. Forward copies of the findings and recommendations of the
review board to the court having jurisdiction of the case, the
parent, legal guardian, attorn ey representing the c hild, custodian
of the child, agency supervising the case or legal c ustodian of the
child and to any other interested p arty as determined by the court.
It shall be the duty of the court clerk to ensu re that all documents
filed pertaining to the case of an adjudicated child are properly
noted and affixed in the file of the child prior to the commencement
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of the review process by the review board. The bailiff or bailiffs
of the judges having juvenile d ocket responsibility within the
district shall transmit the information necessary for the case
reviews to the review board f or that district.
B. The review board ’s report of its findings and
recommendations shall be admitted into evidence in any dispositi onal
hearing, and may be relied upo n to the extent of it s probative
value, even though not competent for purposes of an adju dicatory
hearing.
C. In addition to its reviewing function, a review board, as
directed by the Oklahoma Commission on Children and Youth and in
coordination with the district planning and coordination boards
shall:
1. Promote and encourage all child plac ement agencies to
maximize family stability and con tinuity for a child by discouraging
unnecessary changes in placement and by recru iting persons to
provide placement who may be suitable a nd willing to adopt;
2. Review the efforts of agencies and institut ions to find
permanent placement for eligible child ren and report to the court;
3. Encourage a meeting between the various responsi ble public
and private agencies, in stitutions, and officers of the court in
order to facilitate cooperation and coordination of efforts; and
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4. Assess community resources, an d develop, if not already
available, a directory of responsible persons, agencies , and
institutions.
D. A review board may solicit the a ttendance at its meetings of
persons known to the board with informa tion concerning the case of
any child subject to it s review. However, no employee of the Office
of Juvenile Affairs shall be requir ed to attend a review board
meeting.
E. A review board shall report annually its findings,
recommendations, and assessments of the effectiveness of sections of
law pertaining to individual treatment plans, information to
accompany deprived children placed outside the home, and
dispositional orders and Sections 1116.2 through 1116.6 of this
title to the Administrator of the Cou rts, the Supreme Court, to the
court having jurisdi ction of the case, to the State Postadjudication
Citizen Review Advisory Board, for Children and Youth and the
Oklahoma Commission on Children and Youth and provide suc h other
reports as deemed proper or t hat may be requested from time to time
by the Oklahoma Commission on Children and Youth, the Governor, the
Legislature, or the Supreme Court.
F. It shall be the duty of the court having jurisdiction of the
case to acknowledge the receipt of the recommenda tions of the review
board and note to the review bo ard the actions of the court
regarding the recommendations submitted by the review board.
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G. A review board m ember may attend any court hearing
concerning the case of any child subject to review by the bo ard.
SECTION 7. AMENDATORY 10 O.S. 2011, Section 1116.4, is
amended to read as follows:
Section 1116.4. No member of a postadjudication citizen review
board for children and youth or staff member of such board may
disclose any information regarding individual cases acquired from
case reviews or be compelled to d isclose such information except:
1. When such information pertains to criminal acts or
violations of any law;
2. When the child was the victim of a crime. The members of
the board or staff member of such board may be req uired by a court
of competent jurisdiction to testify at any proceeding in which the
commission of such a crime is the subject of inquiry; or
3. When the person waives the privilege by bringing charges
against the board.
Nothing in this act section shall be construed to prohibit any
board member or staff member of such board fro m testifying in court
hearings concerning matters of adoption, child abuse, child neglect,
or matters pertaining to the welfare of children or from seeking
collaboration or consulta tion with professional colleagues and
administrative superiors on behalf of the child, parent or pare nts
of the child.
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Any person participating in a judicial proceeding as a
postadjudication review board member of a citizen review board fo r
children and youth shall be presumed prima facie to be a cting in
good faith and in so doin g shall be immune from any civil liability
that otherwise might be incurred or imposed.
SECTION 8. AMENDATORY 10 O.S. 2011, Section 1116.6, is
amended to read as follows:
Section 1116.6. A. There is hereby created a State
Postadjudication Citizen Review Advisory Board for Children and
Youth which shall meet at least twice each calendar year. The
Advisory Board shall have the duty of overseeing the impleme ntation
of the state postadjudication citizen review board for children and
youth program in coordination with the Oklahoma Commission on
Children and Youth.
B. The Advisory Board State Citizen Review Board for Children
and Youth shall consist of twenty -one (21) members appointed by the
Governor as follows:
1. Eight of the members shall be members of the various review
boards throughout the state;
2. Five of the members shall be judges of the district co urt;
3. Five of the members shall represent the ge neral public and
may be foster parents;
4. One of the members appointed after the effective date of
this act November 1, 1997, shall be a foster parent representing
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foster parents who have a current contr act with the Department of
Human Services to provid e foster care services;
5. One of the members appointed after the effective date of
this act November 1, 1997, shall be a foster parent representing
child-placing agencies which have current contracts wit h the
Department to provide foster care services; a nd
6. One of the members appointed after the effective date of
this act November 1, 1997, shall be a foster parent nom inated by any
local or statewide foster parent association.
The members shall serve at the pleasure of the Governor. The
administrative heads of the divisions which have foster care
responsibilities within the Department of Human Services and the
Office of Juvenile Affairs or their designees shall serve as ex
officio members of the Board.
C. The Director of the Oklahoma Commission on Chil dren and
Youth shall be the clerk of the Advisory Board State Citizen Review
Board for Children and Y outh.
The Advisory Board State Citizen Review Board for Children and
Youth shall have the duty to:
1. Assist in the training of the members of the review boards;
2. Serve, in coordination with the Oklahoma Commission on
Children and Youth, as a clearinghouse for reports and information
concerning the foster care review program and the review boards as
they relate to foster care;
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3. Make recommendations to the courts, the Oklahoma Commission
on Children and Youth, the Governor, the Legislature, the Department
of Human Services, the Office of Juvenile Affairs , and other state
agencies providing services to c hildren regarding proposed statutory
revisions, and amendments to court rules and procedures, and review
and make recommendations on permanency planning, foster care and
child welfare service delivery policies, guidelines , and procedures;
4. Work with both public and private agencies concerned with
foster care and adoption exchanges to inform the public of the need
for temporary and permanent homes and other services needed by
deprived children; and
5. Specifically:
a. identify, analyze, and recommend solutions to any
issue concerning child welfare and foster care
services within the child welfare delivery system,
b. participate in the statewide planning and promotion of
foster parent involvement in local planning for child
welfare services, and
c. develop recommendations concerning foster care
training to improve the quality of foster care
services.
D. The State Postadjudication Citizen Review Advisory Board for
Children and Youth may designate multidisciplinary committees on the
local level to act as adv ocates for foster parents in order to
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assist in the resolution of specific complaints concerning foster
care and to help facilitate the relationship between the Department
of Human Services, the Office of Juvenile Affairs, child -placing
agencies, and the foster parents.
E. The Oklahoma Commission on Child ren and Youth, with the
assistance of the State Postadjudication Citizen Review Advisory
Board for Children and Youth , shall be responsible for developing
and administering training procedures and rules fo r the
administration of the state postadjudication citizen review board
for children and youth system.
F. The State Postadjudication Citizen Review Advisory Board for
Children and Youth shall submit a report of the activities of the
review boards, including the findings and recommendations of such
review boards, to the Oklahoma Commission on Children and Youth on
or before May 1 of each year.
G. The Oklahoma Commission o n Children and Youth shall
incorporate, as appropriate, the findings and recommend ations of the
review boards in the annual report requir ed by Section 601.9 of this
title.
SECTION 9. AMENDATORY 10 O.S. 2011, Section 1150.3, is
amended to read as follows:
Section 1150.3. A. The Child Death Review Board shall b e
composed of twenty-seven (27) members, or their desig nees, as
follows:
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1. Fourteen of the members shall be:
a. the Chief Medical Examiner,
b. the Director of the Department of Human Services , or a
designee, provided the designee shall be a person
assigned to the Child Welfare Division of the
Department,
c. the State Commissioner of Health ,
d. the Director of the Office of Child Abuse Prevention,
e. the Director of the Oklahoma Commission on Childr en
and Youth,
f. the Chief Child Abuse Medical Examiner,
g. the Chief of Maternal and Child Health Services of th e
State Department of Health,
h. the Commissioner of Mental Health and Substance Abuse
Services,
i. the Chair of the Child Protection Committee of the
Children’s Hospital of Oklahoma,
j. the Director of the Office of Juvenile Affairs,
k. the Chief of Injury Prevention Services of the Sta te
Department of Health,
l. the State Epidemiologist of the State Department of
Health,
m. the Director of the Oklahoma State Bureau of
Investigation, and
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n. the Chief Executive Officer of the Oklahoma Health
Care Authority; and
2. Thirteen of the members shall be appointed by the Director
of the Oklahoma Commission on Children and Youth, shall serve for
terms of two (2) years, and shall be eligible for reappointment.
The members shall be persons having training and experie nce in
matters related to the ab use or neglect of a child. The appointed
members shall include:
a. a law enforcement officer selected from lis ts
submitted by the executive boards of organizations
representing sheriffs and peace officers in this
state,
b. an attorney licensed in this sta te who is in private
practice selected from a list submitted by the
executive board of the Oklahoma Bar Associa tion,
c. a district attorney selected from a list submitte d by
the District Attorney’s Council,
d. a physician selected from lists submitted by s tatewide
organizations representing physicians in this state,
e. a physician selected from lists submitted by s tatewide
organizations representing osteopathic physicians in
this state,
f. a member of the State Post-Adjudication Citizen Review
Advisory Board for Children and Youth,
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g. a social worker selected from a list submitted by each
organization represen ting social workers,
h. an individual selected from lists submitted by
Oklahoma court-appointed special advocate
associations,
i. a psychologist selected from lists submitted by
Oklahoma psychologica l associations,
j. a member of a Native American Tribe in volved in the
area of protection of Native American childr en
selected from a list submitted by the Oklahoma Indian
Affairs Commission,
k. an individual selected from lists submitted by
Oklahoma coalitions or associations against domestic
violence and sexual assault,
l. a pediatric physician selected from lists su bmitted by
organizations of pediatric physicians or osteopath s,
and
m. a member of an emergency medical technicians
association.
B. Every two (2) years the Board shall elect from among its
membership a chair and a vice -chair. The Board shall meet at leas t
quarterly and may meet more frequently as necessary as dete rmined by
the chair. Members shall serve without compensation but may be
reimbursed for necessary travel out of funds available to the
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Commission pursuant to the State Travel Reimbursement Act; provided,
that the reimbursement shall be paid in the case of state employee
members by the agency employing the member.
C. With funds appro priated or otherwise available for that
purpose, the Commission shall provide administrative assistance and
services to the Child Death Review Board.
SECTION 10. AMENDATORY 10 O. S. 2011, Section 7007 -1.9,
is amended to read as follows:
Section 7007-1.9. A. There is hereby cre ated to continue until
December 31, 2006, the Task Force on Rea ctive Attachment Disorder in
Children. The task force will examin e this issue as it relates to
children in the custody of the Department of Human Services or the
Office of Juvenile Affairs, an d children served by the Department of
Mental Health and Substa nce Abuse Services. For purposes of this
section, “Reactive Attachment Disorder” means a disorder resulting
from the lack of reasonable care and nurturance, usually in the
early years of life, which results in an inability to establish
normal, stable attachments to caregivers and others.
B. The task force shall consist of eighteen (18) members as
follows:
1. The Director of the Department of Human Services, or
designee;
2. The Director of th e Oklahoma Commission on Children and
Youth, or designee;
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3. The State Superintendent of Public Instruction, or designee;
4. The Commissioner of the Department of Mental He alth and
Substance Abuse Services, or designee;
5. The State Commissioner of Health, or designee;
6. The Administrator of the Oklahoma Heal th Care Authority, or
designee;
7. The Director of the Oklahoma Areaw ide Services Information
Systems, or designee ;
8. The Executive Coordinator of the District Attorneys Council,
or designee;
9. The Executive Director of the Office of Juvenile Affairs, or
designee;
10. The Speaker of the Oklahoma House of Representative s shall
appoint members as follows:
a. one member who serves on the Oklahoma House of
Representatives Health and Human Services Children,
Youth and Family Services Committee,
b. one member who is a foster-care foster care or
adoptive parent of a child with Reactive Attachment
Disorder, and
c. one member who is a mental health expert knowledgeable
in treating children with Reactive Attachment
Disorder;
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11. The President Pro Tem pore of the State Senate shall appoint
members as follows:
a. one member who serves on the Senate Health and Human
Resources Services Committee,
b. one representative of a st atewide child advocacy
organization, and
c. one member who is a practicing attorney in the area of
child welfare and who is an active member of t he
Family Law Section of the Oklahoma Bar Association;
and
12. The Governor shall ap point members as follows:
a. one member who is a pediatrician knowledgeable in the
area of Reactive Attachment Disord er in children,
b. one member who serves on a postadjudication citizen
review board for children and youth , chosen from a
list of names submitted by the State Postadjudication
Citizen Review Advisory Board for Children and Youth,
and
c. one member who is a repr esentative of the Oklahoma
Youth Services Center.
C. 1. Members shall serve at the pleasure of their appointing
authorities. A vacancy on the task forc e shall be filled by the
original appointing authority.
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2. Appointments to the task force shall be ma de by July 1,
2005.
3. A majority of the members of the task force shall constitute
a quorum. A majority of the members present at a meeting may act
for the task force.
4. The Speaker of the Oklahoma House of Representatives and the
President Pro Tempor e of the State Senate shall each designate a
cochair from among the members of the task force.
5. The cochairs of the task force shall convene the first
meeting of the task force on or before Jul y 15, 2005, at which time
a schedule of the meetings shall b e determined.
6. The task force may divide into subcommittees in furtherance
of its purpose.
D. 1. Staff of the Department of Human Services shall serv e as
primary staff for the task force with assistance from the staffs of
the Department of Mental Heal th and Substance Abuse Services and the
Office of Juvenile Affairs.
2. The task force may use the expertise and services of the
staffs of the Oklahoma House of Representatives and the Oklahoma
State Senate and may, as necessary, seek the advice and servic es of
experts in the field of child welfare.
E. All departments, officers, agencies and employees of this
state shall cooperate with the task force in fu lfilling its duties
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and responsibilities i ncluding, but not limited to, providing any
information, records or reports requested by the task force.
F. Members of the task force shall receive no compensation for
their service, but shall receive travel reimb ursement as follows:
1. Legislative membe rs of the task force shall be reimbursed
for necessary travel expenses incurred in the performance of their
duties in accordance with the provisions of Section 456 of Title 74
of the Oklahoma Statutes; and
2. Nonlegislative members of the task force shall be reimbursed
by their appointing authorities or respective agencies for necessary
travel expenses incurred in the performance of their duties in
accordance with the State Travel Reimbursement Act.
G. The duties and responsibilities of the Task Force on
Reactive Attachment Disorder in Children shall include, but not be
limited to:
1. Identifying the number of children in the custody of the
Department of Human Services or the Office of Juvenile Affairs or
the number served by the Department of Mental Heal th and Substance
Abuse Services who have Reactive Attachment Disorder or who may have
a predisposition for the disorder;
2. Assessing current resources available to families who have a
child with Reactive Attachme nt Disorder;
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3. Determining if additional services are necessary including,
but not limited to, netwo rking and support groups, treatment
options, information/resource links; and
4. Determining if conferences and training sessions are needed
for families who have a child with Reactive Attachment Disorder.
H. The task force shall publish its findings and
recommendations by December 31, 2006, including recommendations for
any resulting legislation.
SECTION 11. AMENDATORY 10A O.S. 2011, Section 1 -4-804,
is amended to read as follows:
Section 1-4-804. A. 1. The Department of Human Services shall
notify the court, the postadjudication citizen review board for
children and youth, the district attorney, the child’s attorney, and
the guardian ad litem of the child, if any, whenever a child in the
custody of the Department is moved from one location to another.
2. The Department shall noti fy the foster family prior to
movement of the child pursuant to the provisions of Section 1-4-805
of this title.
3. The Department shall inform the guardian ad litem, if any,
and the child’s attorney of the specific location of the child.
B. The notification required by this section shall be made by
the Department within a reasonable time after the Department is made
aware of the need for movement, but in no event less than five (5)
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judicial days prior to movement unless an emergency exists. As used
in this section, “emergency” means movement of a child that is:
1. Pursuant to an order of the court including, but not limited
to, an order authorizing placement of a child with a parent or
sibling;
2. Requested by the child-placing agency or foster parent of
the child, and the request is for immediate removal of the child
without delay or notice as provided by this section;
3. For emergency medical or mental health treatment;
4. For substantial n oncompliance by a foster parent or child-
placing agency with applicable placement standards and agreements
such that the child i s in imminent danger; or
5. Due to a pending investigation of an allegation of abuse or
neglect of a child by a foster parent o r child-placing agency or
other person residing in the foste r family home.
C. The court, on its own motion, may hold, or any pa rty
receiving notice pursuant to this section, shall be granted, an
informal hearing concerning the reasons and necessity for mo ving the
child, if requested in writing, within five (5) day s following the
receipt of notice.
SECTION 12. AMENDATORY 10 A O.S. 2011, Section 1-4-810,
as amended by Section 5, Chapter 105, O.S.L. 2014 (10A O.S. Supp.
2020, Section 1-4-810), is amended to read as follows:
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Section 1-4-810. A. 1. When a child has been in out -of-home
care for twelve (12) months or longer, the court may require that
the Department of Human Services facilitate a meeting held no lat er
than thirty (30) days prior to the permanency hearing to discuss
recommendations regarding the child’s permanency plan that w ill be
reported to and reviewed by the court.
2. The court may direct that the assigned guardian ad litem,
which may be a court -appointed special advocate, if any, a judicial
case manager, or the Department ma ke arrangements for the meeting.
The foster parents of the child or a representative of a group home
where the child is placed, the parents of the child, or the parents ’
attorney, a postadjudication review board member of a citizen review
board for children and youth, the guardian ad litem who has be en
appointed to the case, the child, and others as appropriate, and the
child’s attorney shall be contacted to assist in the pre paration of
the report; provided, however, persons determined not to require
reasonable efforts pursuant to the provisions of Se ction 1-4-809 of
this title shall not be required to attend.
B. 1. Prior to a permanency hearing, the Department shall
prepare a report regarding the child for court review and shall
provide a copy of the re port to the court and the parties not less
than three (3) judicial days prior to the permanency hearing.
2. The report shall include the proposed permanency plan by the
Department, the efforts by the Department to effectuate the
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permanency plan for the ch ild, address the options for the permanent
placement of the child, and examine the reasons for excluding higher
priority options.
3. Unless a permanency hearing has been cond ucted, the
Department, as applicable, shall contact the foster parents or group
home of the child, the parents of the child, or the parents’
attorney, a postadjudication review board member of a citizen review
board for children and youth , the guardian ad litem, or the court
appointed special advocate who has been appointed to the case, and
the child’s attorney to assist in the pre paration of the report.
C. The up-to-date and accurate report shall also contain, but
not be limited to, the following informat ion, if relevant:
1. Efforts and progress demonstrated by the child’s parent to
complete an individual treatment and service pl an;
2. Status of the child , including the child’s behavioral,
physical, and emotional health;
3. A recommendation regarding wh ether the child’s current
permanency goal should be continued or modified, the rea sons
therefor, and the anticipated date for me eting the goal; and
4. A recommendation regarding whether the placement of the
child should be extended and the reasons for the recommendation.
D. The child’s attorney, the parents or parents’ attorney, the
foster parent or group home representative, the postadjudicatory
review board member of the citizen review board fo r children and
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youth, the guardian ad litem, or the court ap pointed special
advocate of the child may submit additional informational reports to
the court for review.
SECTION 13. AMENDATORY 10A O.S. 2011, Section 1-6-103,
as last amended by Section 3, Chapter 42, O.S.L. 2017 (10A O.S.
Supp. 2020, Section 1 -6-103), is amended to read as follows:
Section 1-6-103. A. Juvenile court records and Department of
Human Services agency records pertaining to a child may be
inspected, and their contents shall be disclosed, without a court
order to the following pers ons upon showing of proper credentials
and pursuant to their lawful duties:
1. The court having the child currently before it in any
proceeding pursuant to this title, any district court or tribal
court to which such proceedings may be transferred, employ ees and
officers of the court in the performance of their duties , including
but not limited to guardians ad litem appointed by the court, and
court-appointed special advocates;
2. A district attorney, United States Attorney , or Attorney
General of this or another state and the employees of such offices
in the course of their official duties pursuant to this title or the
prosecution of crimes against children, or upon their request in
their official capacity as advisor in a grand jury proceeding;
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3. The attorney representing a child who is the subject of a
proceeding pursuant to the provisions of this title or other
proceeding where child custody or visitation is at issue;
4. Employees of juvenile burea us in the course of their
official duties pursuant to this title, and employees of the
Department of Human Services in th e course of their official duties;
5. Employees of a law enforcement agency of this or another
state or military enclave and employees of a child protective
service of another state or mil itary enclave in the course of their
official duties pertaining to investigations of a report of known or
suspected child abuse or neglect or crimes against children or for
the purpose of determining wh ether to place a child in protective
custody;
6. The Oklahoma Commission on Children and Youth as provided by
Sections 601.2 and 601.6 of Title 10 of the Oklahoma Statutes;
7. The Office of Juvenile Affairs;
8. A federally recognized Indian tribe in whi ch the child who
is the subject of the record is a mem ber or is eligible to become a
member of the tribe and is the biolo gical child of a member of an
Indian tribe pursuant to the provisions of the Federal Indian Child
Welfare Act and the Oklahoma Indian C hild Welfare Act; provided such
Indian tribe, in the c ourse of its official duties, is:
a. investigating a report of know n or suspected child
abuse or neglect or crimes against children or for the
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purpose of determining whether to place a child in
protective custody,
b. providing services to or for the benefi t of a child
including, but not limited to, protective, emergency,
social and medical services, or
c. the tribe, the tribal court or the tribal child
welfare program has asserted jurisdiction or
intervened in any case in which the child is the
subject of the proceedings or is a party to the
proceedings pursuant to the aut hority provided in the
Oklahoma Indian Child Welfare Act.
The records that are to be provided to Indian tribes under this
subsection shall include all case records, reports , and documents as
defined in Section 1-6-101 of this title;
9. The Governor or to any person the Governor designates, in
writing;
10. Any federal official of the United States Department of
Health and Human Services;
11. Any member of the Legislature approved in writin g by the
Speaker of the House of Representatives or the President P ro Tempore
of the Senate;
12. A foster parent, with regard to records concerning the
social, medical, psychological , or educational needs of a child
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currently placed with that foster paren t or of a child being
considered for placement with that foster par ent;
13. An employee of any state or federal corrections or law
enforcement agency in the performance of the official duties of the
employee concerning presentence investigations or superv ision of a
parent of an alleged or adjudicated deprived child, or t he legal
guardian, custodian, or any other adult member of the child ’s home
who is responsible for the health, safety , or welfare of the child;
14. An employee of a state agency of this or another state in
the performance of the official duties of the emp loyee concerning
the establishment of paternity or the establishment or enforcement
of a child support order or other entitlement for t he benefit of a
child; provided, disclosure shall be l imited to information directly
related to the purpose of such discl osure;
15. Any member of a city-county Health Department Fetal Infant
Mortality Review (FIMR) in the performance of the official dutie s of
the member concerning investigations of fetal and infant
mortalities; provided, disclosure shall be limited to infor mation
directly related to the purpose of such disclosure;
16. Any designated federal authorities at the federal military
installation where a service member is assigned, when the child is a
member of an active duty military family, as provided by paragra ph 4
of subsection A of Section 1-2-102 of this title; and
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17. Any member of the Child Welfare Review Committee for the
Death and Near Death of Children With Disabilities as established by
Section 1-10-103 of this title.
B. In addition to the persons lis ted in subsection A of this
section, juvenile court records may be inspected, and their contents
shall be disclosed, without a court or der to the following persons
upon showing of proper cr edentials and pursuant to their lawful
duties:
1. Employees of cou rt-appointed special advocate programs, as
defined in Section 1 -1-105 of this title, in the course of their
official duties pertaining to recruiting, screening, training,
assigning cases, supervising, and supporting volunteers in their
roles as guardian ad litem pursuant to Section 1-4-306 of this
title;
2. Members of postadjudication citizen review boards for
children and youth established pursuant to the provisions of Section
1116.2 of Title 10 of the Oklahoma Statutes, the Child Death Review
Board, and multidisciplinary personnel. In addition to juvenile
court records, members of such postadjudication citizen review
boards for children and youth may inspect, without a court order,
information that includes, but is not limited to:
a. psychological and medical records,
b. placement history and information , including the names
and addresses of foster parents,
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c. family assessments,
d. treatment or service plans, and
e. school records;
3. The Department of Human Services or other public or private
agency or individual having court-ordered custody or physical
custody pursuant to Department placement of the child, or conducting
a child abuse or neglect investigation of the child who is the
subject of the record. In addition to juvenile court records,
employees of the Department may inspect, without a court order and
upon a showing of proper credentials and pursuant to their lawful
duties, information that includes, but is not limited to:
a. psychological and medical records, and
b. nondirectory education records;
4. The child who is the subject of the record and the parents,
legal guardian, custodian , or foster parent of such child; and
5. A person authorized by the court to conduct bona fide
research, provided such research may not publish the names or
identities of parents, children, or other persons contained in the
records.
C. In addition to the persons and entities named in subsection
A of this section, Department of Human Services agency records may
be inspected, and their contents shall be disclos ed, without a court
order to the following persons upon showing of proper credentials
and pursuant to their lawful duties:
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1. Postadjudicatory Citizen review boards for children and
youth, court-appointed special advocates, and members of the Child
Death Review Board;
2. Any district court which has ordered a home study by the
Department in an action for divorce, annulment, custody of a chil d,
or appointment of a legal guardian of a child, or any subsequent
proceeding in such actions; provided, however, the De partment may
limit disclosure in the home study to summaries or to information
directly related to the purpose of the disclosure;
3. Members of multidisciplinary teams or multidisciplinary
personnel designated by the Department, investigating a report of
known or suspected child abuse or neglect or providing services to a
child or family which is the subject of the report;
4. A physician who has before him or her a child whom the
physician reasonably s uspects may be abused or neglected or any
health care or mental health professionals involved in the
evaluation or treatment of the child or the parents, legal guardian,
foster parent, custodian, or other family members of the child;
5. Any public or priv ate agency or person authorized by the
Department to diagnose, or provide care, treatment, supervision , or
other services to a child who is the subject of a report or record
of child abuse or neglect; provided, the Department may limit such
disclosure to summaries or to information directly necessary for the
purpose of such disclosure;
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6. Any person or agency for research purposes, if all of the
following conditions are met:
a. the person or agency conducting the research is
employed by the State of Oklaho ma or is under contract
with this state and is authori zed by the Department to
conduct the research, and
b. the person or agency conducting the research ensures
that all documents containin g identifying information
are maintained in secure locations and ac cess to the
documents by unauthorized persons is prohi bited; that
no identifying information is included in documents
generated from the research conducted; and that all
identifying information is deleted from documents used
in the research when the resear ch is completed;
7. The Oklahoma Health Care Authorit y; and
8. A medical examiner when such person is determining the cause
of death of a child.
D. In accordance with the rules promulgat ed for such purpose
pursuant to Section 620.6 of Title 10 of the Ok lahoma Statutes,
records listed in subsection A of Sec tion 1-6-102 of this title may
be inspected and their contents disclosed without a court order to
participating agencies.
E. The court may disclose to an employee of an out -of-state
entity, licensed to perform adoption home studies in that state,
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whether the prospective adoptive parent has had parental rights to a
child terminated in Oklahoma or whether the prospective adoptive
parent has relinquished parental rights to a child in Oklahoma.
F. Nothing in this section shall be construed as prohibiting
the Department from disclosing such confidential information as may
be necessary to secure appropriate care, treatment, protection or
supervision of a child alleged to be abused or neglected.
SECTION 14. AMENDATORY 10A O.S. 2011, Secti on 1-9-118,
is amended to read as follows:
Section 1-9-118. A. The Department of Human Services or any
child-placing agency shall, prior to any foster placement, enter
into a written contract with the foster care placement provider.
The contract shall p rovide, at a minimum:
1. That the state agency and the child-placing agency shall
have access at all times to the child and to the foster placement;
2. A listing of any speci fic requirements, specific duties or
restrictions in providing foster care servi ces;
3. That any foster child shall have access to and be accessible
by any court-appointed special advocate for the foster child and the
foster child’s attorney;
4. That the foster care placement provider shall comply with
performance standards required pursuant to the Oklahoma Children ’s
Code and the Oklahoma Child Care Facilities Licensing Act;
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5. Information regarding the amount of payments to be made for
foster care services, including but not limited to a description of
the process involved in rece iving payments, including projected time
frames, information related to reimbursements for eligible costs and
expenses for which the foster parent may be reimbursed and any
information concerning the accessibility and availability of funds
for foster parents;
6. That any foster child placed with a fost er care placement
provider shall be released to the state agency or the child -placing
agency whenever, in the opinion of the sta te agency or the child-
placing agency, the best interests of the deprived child require
such release; and
7. Such other informa tion required by the state agency and the
child-placing agency.
B. The state agency or child -placing agency shall provide the
following information to the foster parent at the time of placement,
along with a copy of the written contract required pursuant to
subsection A of this section:
1. The names and telephone numbers of the child ’s case worker,
the foster parents’ case worker, the case workers’ supervisors, and
the contact within the state agency central office, or the name and
telephone number of the contact person within the child -placing
agency and any other medical, psychological, social or other
pertinent information rela ting to foster care;
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2. A copy of the grievance procedure established by the st ate
agency or the child-placing agency;
3. The name and telephone number of any foster parent
association in the county of residence of the foster parent;
4. For foster paren ts of deprived children, the name and
telephone number of any postadjudication citizen review board for
children and youth established in the county of residence of the
foster parent or the nearest postadjudication citizen review board
for children and youth and the court having jurisdiction over the
child;
5. A copy of the statement of foster parent rights;
6. Information detail ing the ability of the foster parent to
submit information and written reports to the court, and to request
the court for review of a decision by the state agency or the child-
placing agency to remove a foste r child who has been placed with the
foster parent, in accordance with the limitations and requirements
of Section 1-4-805 of this title; and
7. A copy of the policies and pro cedures of the Department or
child-placing agency which pertain to placement ope rations of the
agency, and which may be necessar y to properly inform the out -of-
home placement providers of the duties, rights and responsibilities
of the out-of-home placement providers and the Department.
C. 1. In addition to other requirements made pu rsuant to the
Oklahoma Child Care Facilities Lic ensing Act, each child -placing
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agency shall maintain supervision of all children placed by the
agency in foster placement and sh all maintain supervision of and
make regular visits to such foster placements.
2. The child-placing agency shall visit each fos ter child no
less than once every month with no less than two visits per quarter
in the foster placement.
3. The child-placing agency shall prepare and maintain a
written report of its findings for each visi t.
4. a. A complete written review of the placem ent, well-
being, and progress of any foster child in foster care
with a child-placing agency shall be made by the
child-placing agency as required by the Department.
b. If a child-placing agency is providing foster care
services for a child pursuant to a w ritten agreement
or contract with the parents or guardian of a child,
the child-placing agency shall provide a copy of the
written review to the parents or guardian of the
child. The written agreement or con tract shall
specify how often the review shall b e conducted.
SECTION 15. AMENDATORY 63 O.S. 2011, Section 1 -227.9, is
amended to read as follows:
Section 1-227.9. A. There is hereby created the Child Abuse
Training and Coordinati on Council.
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B. The Oklahoma Commission on Children and Youth shall appoint
a Child Abuse Training and Coordination Council whi ch shall be
composed of twenty-two (22) members, as follows:
1. One member shall be a representative of child welfare
services within the Department of Human Services;
2. One member shall be a representative of juvenile services
within the Office of Juve nile Affairs;
3. One member shall be a representative of maternal and chil d
health services within the State Department of Healt h;
4. One member shall be a representative of the State Department
of Health;
5. One member shall be a representative of the State Department
of Education;
6. One member shall be a representative of the Department of
Mental Health and Substance Abuse Se rvices;
7. One member shall be a representative of a statewide medical
association and shall be a member of a state chapter of a national
academy of pediatrics;
8. One member shall be a representative of the judiciary;
9. One member shall be a represent ative of a statewide
association of osteopathic physicians and shall be a pediatric
osteopathic physician;
10. One member shal l be a representative of a statewide
coalition on domestic violence and sex ual assault;
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11. One member shall be a representative of the District
Attorneys Council;
12. One member shall be a representative of the Council on Law
Enforcement Education and T raining;
13. One member shall be a representative of the Department of
Corrections;
14. One member shall be a representative of Court Appointed
Special Advocates;
15. One member shall be a representative of the Oklahoma Bar
Association;
16. One member shall be a representative of a statewide
association of psychologists;
17. One member shall be a representative of a local chapt er of
a national association of social workers;
18. One member shall be a representative of a statewide
association of youth s ervices agencies;
19. One member shall be a representative of an Indian ch ild
welfare association;
20. One member shall be a re presentative of an advisory task
force on child abuse and neglect;
21. One member shall be a representative of a postadjudication
citizen review board program for children and youth ; and
22. One member shall be a representative of nationally
accredited child advocacy centers nominated to the Oklahoma
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Commission for Children and Youth. Eligible nominees may be anyone
selected by a majority of th e members of the nationally accredited
child advocacy centers located in Oklahoma.
C. Each member of the Child Abuse Training and Coordination
Council is authorized to have one designee.
D. The appointed members shall be persons having expertise in
the dynamics, identification and treatment of child abuse and
neglect and child sexual abuse.
E. The Child Abuse Training and Coordination Council shall:
1. Establish objective criteria and guidelines for
multidisciplinary and, as appropriate for each discipl ine,
discipline-specific training on child abuse and negle ct for
professionals with responsibilities affecting c hildren, youth and
families;
2. Review curricula and make recommendations to state agencies
and professional organizations and associations reg arding available
curricula and curricula having high stand ards of professional merit;
3. Review curricula regar ding child abuse and neglect used in
law enforcement officer training by the Oklahoma Council on Law
Enforcement Education and Training (CLEET) and make recommendations
regarding the curricula to CLEET;
4. Cooperate with and assist professional organizati ons and
associations in the development and implementation of ongoing
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training programs and strategies to encourage professionals to
participate in such training programs;
5. Make reports and recommend ations regarding the continued
development and improve ment of such training programs to the State
Commissioner of Health, the Oklahoma Commission on Children and
Youth, and each affected agency, org anization and association;
6. Prepare and issue a model p rotocol for multidisciplinary
teams regarding the inve stigation and prosecution of child sexual
abuse, child physical abuse and neglect cases;
7. Review and approve protocols prepared by the local
multidisciplinary teams;
8. Advise multidisciplinary team s on team development;
9. Collect data on the operati on and cases reviewed by the
multidisciplinary teams;
10. Issue annual reports; and
11. Annually approve the list of functioning multidiscipli nary
teams in the state.
SECTION 16. RECODIFICATION Section 2, Chapter 199,
O.S.L. 2019 (10 O.S. Supp. 2020, Section 1150.6), shall be
recodified as Section 601.32 of Title 10 of the Oklahoma Statutes,
unless there is created a duplication in numbering.
SECTION 17. This act shall become effective November 1, 2021.
58-1-547 DC 1/20/2021 2:44:30 PM