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SENATE FLOOR VERSION
March 3, 2022
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 537 By: Haste of the Senate
and
Miller of the House
[ children - Oklahoma Commission on Children and
Youth - duty of Director - State Plan for Services to
Children and Youth - time period of state plan -
Children’s Endowment Fund of Oklahoma - expenditures
of Children’s Endowment Fund of Oklahoma - evaluation
and review of services -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2021, Section 600, is
amended to read as follows:
Section 600. As used in Sections 601.1 through 601.12 601.14 of
this title:
1. “Children and youth serv ice system” means health, mental
health, social, rehabilitative assistance and educational services
provided to children and youth by and through the courts and public
and private agencies;
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2. “Client” means a child or a family member of a child who is
receiving services through the children and youth service system;
3. “Commission” means the Oklahoma Commission on Children and
Youth;
4. “Community partnership board” means the local district
planning and coordinating body for s ervices to children and you th
established pursuant to Section 601.11 of this title;
5. “Community partnership district ” means the local planning
and coordinating areas within the state established pursuant to
Section 601.11 of this tit le;
6. “Homeless children and youth” means a person twenty-one (21)
years of age or younger who is:
a. unaccompanied by a parent or guardian, and
b. without shelter where appropriate care and sup ervision
are available, or
c. without a parent or guardian w ho is willing and ab le
to provide shelter and c are, or
d. without a fixed, regular, or a dequate nighttime
residence. For the purposes of this paragraph,
“fixed, regular, or adequate nighttime res idence”
shall not include a supervised publicly or privately
operated shelter or institution designed to pr ovide
temporary living accommodations, tr ansitional housing
arrangements, living in hotels, temporary living
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arrangements with other people but witho ut an
opportunity for permanent residence or a residential
lease, or a public or private place not designed for,
nor ordinarily used as, a regular s leeping
accommodation for human beings; and
7. “Runaway” means an unmarried child less than eighteen (18)
years of age who is absent from the home of a parent, guardia n or
other lawful placement without the consent of the parent, guardian
or lawful custodian;
8. “State and state-supported services to children and youth ”
means services to children and youth, offere d or provided by a
public or private agency or organizat ion, that are suppor ted in
whole or in part thr ough state funds or federal funds adminis tered
by the state;
9. “State Plan for Services to Children and Youth ” means the
planning document required by Section 601.9 601.6a of this title;
and
10. “Youth at risk of homelessness” means a person twenty -one
(21) years of age or younger whose status or circumstances indicate
a significant danger of experiencing homelessness in the near
future, including but not lim ited to youth exiting out -of-home
placements, youth who previously wer e homeless, youth whose pa rents
or guardians are or were previously homeless, youth who are exposed
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to abuse and neglect in their homes, youth who experience excessive
conflict with their parents and runaways.
SECTION 2. AMENDATORY 10 O.S. 2021, 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) eighteen (18) members. The membership shal l include:
1. The Director of the Department of Human Services, th e State
Commissioner of Health, the Commissioner of the Department of Mental
Health and Substance Abuse Services, the State Superintendent of
Public Instruction, the Administrator of the Ok lahoma Health Care
Authority, the Director of the State Department of Rehabilitation
Services, and the Chair of the SJR 13 Oversight Committee;
2. The Executive Director of the Office of Juvenile Affairs;
3. Five members who shall be appointed by the Gov ernor from a
list submitted by the governing board of each of the f ollowing
organizations:
a. the Oklahoma Children’s Agencies and Residential
Enterprises,
b. one statewide association of youth services,
c. the Oklahoma Bar Ass ociation,
d. the Oklahoma District Attorneys Asso ciation, and
e. a statewide court-appointed Special Advocate
Association;
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4. One member appointed by the Governor who shall represent one
of the metropolitan juvenile bureaus;
5. One member representing bu siness or industry, appointed by
the Governor;
6. One member who is the parent of a child with special 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 o r a
private organization that receives state funds, appointed by th e
President Pro Tempore of the Senate; and
8. One member who represents a community partnership board to
be elected pursuant to the guidelines established by the O klahoma
Commission on Children and Youth; and
9. One member who shall be appointed by the Gover nor from a
list of three names submitted by the Post Adjudication Review Board.
B. The appointed members shall have had active experience in
services to children and youth and may serv e four terms of two (2)
years each. Any appointed member serving on th e 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 term of two (2)
years. Any person who served on the Commission pr ior to the
effective date of this act shall be elig ible to serve 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
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serve four additional tw o-year terms. Terms shall coincide with the
fiscal year.
C. The Oklahoma Commission on Children and Youth shall provide
a monthly report on commission member attendance to the appointing
authorities.
SECTION 3. AMENDATORY 10 O.S . 2021, Section 601.5, is
amended to read as follows:
Section 601.5. A. The Oklahoma Commission on Children and
Youth shall appoint a Director who shall be a person having
experience in the operation and administratio n 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 duties
of the Commission, with the advice and approval of the C ommission;
2. Prepare the State Plan for Services to Children and Y outh,
the Annual Report required by Section 601.9 of this title , other
reports as necessary and appropriate , and an annual budget f or the
approval of the Comm ission;
3. Formulate and recommend rules and regulations for approval
or rejection by the Commiss ion;
4. Serve as chief executive officer of the Oklahoma Commission
on Children and Youth ; and
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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 for children and youth.
A copy of any report or recommendations which result from meetings
of a task group shall be provided t o the Commission, Governor,
Speaker of the House of Representatives, President Pro Tempore of
the Senate and the director of each state agency affected by the
report or recommendations.
SECTION 4. AMENDATORY 10 O.S. 2021, Section 601.6a, is
amended to read as follows:
Section 601.6a. The Office of Planning and Coordination fo r
Services to Children and Youth shall:
1. Convene meetings of public and private agencies that provide
services to children and youth for the purpose of facilitating and
implementing joint planning and service coordination among said
agencies;
2. Provide the community partnership boards with fiscal and
other information related to the children and youth service system
necessary to assist the partnership boards with the performance of
their duties and responsibilities;
3. Annually prepare, with the advic e and assistance of the
community partnership boards Prepare, with the advice and assistance
of the Parent Partnership Board and affected public and private
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agencies, the a State Plan for Services to Children and Youth for
the approval of the Commission . The State Plan for Services to
Children and Youth shall include recommendations regarding the
development and improvement of services prov ided to children and
youth and such other information as may be required by the
Commission;
4. Examine all plans, bud gets and related documents pertaining
to the planning, coordination and development of the children and
youth service system;
5. Review, monitor and evaluate the child ren and youth servic e
system regarding the development of services, progress towards
effective joint planning and service coordina tion, and compliance
with established state policies and goals; and
6. Issue reports to the Gov ernor, Speaker of the House of
Representatives, President Pro Tempore of the Senate, Chief Justice
of the Supreme Court of the State of Oklahoma, public and pri vate
agencies, and such other persons as necessary and appropriate.
SECTION 5. AMENDATORY 10 O.S. 2021, Section 601.6b, is
amended to read as follows:
Section 601.6b. A. On or before July 1 of each year July 1,
2023, and on or before July 1 of every third year thereafter, the
Oklahoma Commission on Children and Youth shall transmit to the
Director of the Office of Management and Enterprise Services and to,
the director of each affected ag ency, the President Pro Tempore of
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the Senate, the Speaker of the House of Represe ntatives, and the
Governor a copy of the State Plan for Services to Children and Youth
for the next three (3) fiscal year years.
B. The Office of Planning and Coordination s hall on or before
January 1 of each year provide a written repo rt to the Legislature
on its expenditures to community partnership boards.
C. The Office of Planning and Coordination, with the assistance
of the Office of Management and Enterprise Services a nd affected
agencies, may assemble topic -specific reports regar ding services to
children, youth, and families to include program descriptions, past
and current expendit ures, future budget requests, and a description
of program outcomes as directed by the L egislature or the
Commission.
SECTION 6. AMENDATORY 10 O.S. 2021, 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 Okl ahoma Commission 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 investment 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.
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B. Funds deposited into the Children ’s Endowment Fund of
Oklahoma and any earnings therefrom , including any interest,
dividends or realized capital gains from investment of monies in the
fund, shall be administered by the Oklaho ma Commission on Children
and Youth for the purpose of awarding gran ts in order to stimul ate
which is authorized to award gr ants to further the public purpose of
stimulating a broad range of innovative programs, activities or
research or evaluation that wi ll improve the well-being and reduce
the adverse childhood experienc es of Oklahoma’s children. The funds
shall not be used to expand existing services or t o support ongoing
core services. The Commission may also direct the State Treasurer
to reinvest any earnings into the corpus of the fund.
C. The Oklahoma Commission o n Children and Youth shall
promulgate rules to:
1. Establish a Parent Partnership Board 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 their respective entities with areas of concern,
supporting the Commission in the pro cess of developing and awarding
grants supported by the Children’s Endowment Fund of Oklahoma, and
other activities upon request ; and
2. Establish criteria and procedur es for awarding grants
supported by the Children ’s Endowment Fund of Oklahoma.
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D. The Oklahoma Commission on Children 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 th e Commission in any
given fiscal year to provide adminis tration, oversight, training or
evaluation of the grantees or the Parent Partnership Board .
E. The Oklahoma Commission on Children and Youth may use
available public or private funds to compensate members of the
Parent Partnership Board for their time, reimburse for travel as
provided by the State Travel Reimbursement Act, reimburse childcare
expenses, and provide any materials and su pplies necessary for
carrying out their duties .
F. Monies from the fund may be expended by the Oklahoma
Commission on Children and Youth in acco rdance with the provisions
of this section upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director of the Office of
Management and Enterprise Services f or 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 7. AMENDATORY 1 0 O.S. 2021, Section 1116.6, is
amended to read as follows:
Section 1116.6. A. There is hereby created a State
Postadjudication Review Advisory Board which shall meet at least
twice each calendar year. The Advisory Board shall have the duty of
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overseeing the implementation of the state postadjudication review
program in coordination with the Oklahoma Commission on Children and
Youth.
B. The Advisory Board shall consist of twenty -one (21) members
appointed by the Governor as follows:
1. Eight of the mem bers shall be members of the various review
boards throughout the state;
2. Five of the members shall be judges of the district court;
3. Five of the members shall represent the general public and
may be foster parents;
4. One of the members appointed a fter the effective da te of
this act shall be a foster parent representing foster parent s who
have a current contract with the Department of Human Services to
provide foster care services;
5. One of the members appointed after the effective date of
this act shall be a foster parent representing child -placing
agencies which have current contr acts with the Department to provide
foster care services; and
6. One of the members appointed after the effective date of
this act shall be a foster parent nominated by any local or
statewide foster parent association.
The members shall serve at the pleas ure of the Governor. The
administrative heads of the divisions which have foster care
responsibilities within the Department of Human Services and the
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Office of Juvenile Affairs or their designees shall serve as ex
officio members of the Board.
C. The Director of the Oklahoma Commission on Children and
Youth shall be the clerk of the Advisory Board.
The Advisory Board shall have the duty to:
1. Assist in the training o f the members of the review boards;
2. Serve, in coordination with the Oklahoma Commis sion 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;
3. Make recommendat ions 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 children regarding propo sed 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 ag encies concerned with
foster care and adoption exchanges to inform the public of the ne ed
for temporary and permanent homes and other services needed by
deprived children; and
5. Specifically:
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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 concer ning foster care
training to improve the quality of foster care
services.
D. The State Postadjudication Review Advisory Board may
designate multidisciplinary committees on the local level to act as
advocates for foster parents in order to assist in the re solution 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 Children and Youth, with the
assistance of the State Postadjudication Review Advisory Board,
shall be responsible for developing and administering training
procedures and rules for the administration of the state
postadjudication review board system.
F. The State Postadjudication Rev iew Advisory Board shall
submit a report of the activities of the review boards, including
the findings and recommendations of such review boards, to the
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Oklahoma Commission on Children and Youth on or before May 1 of each
year.
G. The Oklahoma Commission on Children and Youth shall
incorporate, as appropriate, the find ings and recommendations of the
review boards in the annual report required by Section 601.9 of this
title.
SECTION 8. AMENDATORY 10 O.S. 2021, Section 1150.2, is
amended to read as follows:
Section 1150.2. A. There is hereby re -created until July 1,
2023, in accordance with the Oklahoma Sunset Law, the C hild Death
Review Board within the Oklahom a Commission on Children and Youth.
The Board shall have the power an d duty to:
1. Conduct case reviews of deaths and near deaths of c hildren
in this state;
2. Develop accurate statistical information and identi fication
of deaths of children due to abus e and neglect;
3. Improve the ability to provide protective services to the
surviving siblings of a child or children who die of abuse or
neglect and who may be living in a dangerous environment;
4. Improve policies, procedures and practices within the
agencies that serve children , including the child protection system;
5. Enter into agreements with local teams established by the
Child Death Review Board to carry out such duties and
responsibilities as the Child Death Review Board shall designate ,
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including reviewing cases assigned by the Board in the geographical
area for that local team. The Oklahoma Commission on Children and
Youth, with the advice of the Child Death Review Board, shall
promulgate rules as nec essary for the implementation and
administration of the provisions of this paragraph; and
6. Enter into agreements with other state, local, or private
entities as necessary to c arry out the duties of the Child Death
Review Board including, but not limited to, conducting joint reviews
with the Domestic Violence Fatality Review Board on domestic
violence cases involv ing child death or child near -death incidents.
B. In carrying out its duties and responsibilities the Board
shall:
1. Establish criteria for c ases involving the death or near
death of a child subject to specific, in -depth review by the Board.
As used in this section, the term “near death” means a child is in
serious or critical condition, as certified by a physician, as a
result of abuse or neg lect;
2. Conduct a specific case review o f those cases where the
cause of death or near de ath is or may be rela ted to abuse or
neglect of a child;
3. Establish and maintain sta tistical information related to
the deaths and near deaths of children includi ng, but not limited
to, demographic and me dical diagnostic information;
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4. Establish procedures for obtaining i nitial information
regarding near deaths of children from the Depa rtment of Human
Services and law enforcement agencies;
5. Review the policies , practices, and procedures of the child
protection system and make specific recommendation s to the entities
comprising the child protection system for actions necessary for the
improvement of the system;
6. Review the extent to which the state child prot ection system
is coordinated with foster c are and adoption programs and evaluate
whether the state is efficiently discharging its child protection
responsibilities under the fede ral Child Abuse Prevention and
Treatment Act state plan;
7. As necessary and appropriate, for the protection of the
siblings of a child who dies and whose siblings are deemed to be
living in a dangerous environment, refer specific cases to the
Department of Human Services or the appropriate district attorney
for further investigati on;
8. Request and obtain a copy of all r ecords and reports
pertaining to a child whose ca se is under review in cluding, but not
limited to:
a. the report of the medical examiner ,
b. hospital records,
c. school records,
d. court records,
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e. prosecutorial records,
f. local, state, and federal law e nforcement records
including, but not limited to, the Oklahoma State
Bureau of Investigation (OSBI),
g. fire department records,
h. State Department of Health records, including birth
certificate records,
i. medical and dental records,
j. Department of Mental Health and Substance Abuse
Services and other mental health record s,
k. emergency medical service records,
l. files of the Departmen t of Human Services, and
m. records in the possession of the Domestic Violence
Fatality Review Board when conducting a j oint review
pursuant to paragraph 6 of subsection A of this
section.
Confidential information provided to the Board shall be
maintained by the Board in a confidential manner as otherwise
required by state and feder al law. Any person damaged by disclosure
of such confidential information by the Board, it s local boards or
their members, not authorized by law, may maintain an action for
damages, costs and attorney fees;
9. Maintain all confidential information, docum ents and records
in possession of the Boar d as confidential and not subject to
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subpoena or discovery in any civi l or criminal proceedings;
provided, however, information, documen ts and records otherwise
available from other sources shall not be exempt from subpoena or
discovery through those sourc es solely because such information,
documents and records were present ed to or reviewed by the Board;
10. Conduct reviews of specific c ases of deaths and near deaths
of children and request the preparation of addi tional information
and reports as determin ed to be necessary by the Board including,
but not limited to, clinical summaries from treating physicians,
chronologies of contact, and second-opinion autopsies;
11. Report, if recommended by a majority vote of t he Board, to
the President Pro Tempore of the Senate and the Speaker of the House
of Representatives any gross n eglect of duty by any state officer or
state employee, or any prob lem within the child protective services
system discovered by the Board while performing its duties;
12. Recommend, when appropriate, amendment of the cause or
manner of death listed on the death certificate; and
13. Subject to the approval of the Oklaho ma Commission on
Children and Youth, exercise all incidental powers necessary and
proper for the implementation and admi nistration of the Child Death
Review Board Act.
C. The review and discussion of individual cases of death or
near death of a child shal l be conducted in executive session and in
compliance with the confidentiality requirements of Section 1 -6-102
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of Title 10A of the Oklahoma Statutes. All other business shall be
conducted in accordance with the provisions of the Oklahoma Open
Meeting Act. All discussions of individual cases and any writings
produced by or created for the Board in the course of its remedia l
measure and recommended by the Board, as the re sult of a review of
an individual case of the death or near death of a child, shall be
privileged and shall not be admissible in evidence in any
proceeding. The Boa rd shall periodically conduct meetings to
discuss organization and business matters and any actions or
recommendations aimed at improvement of the child protection system
which shall be subject to the Oklahoma Open Meeting Act. Part of
any meeting of the Board may be specifically designated as a
business meeting of the Board subject to the Okla homa Open Meeting
Act.
D. 1. The Board shall submit an annual statistical report on
the incidence and causes of death and near death of children in this
state for which the Board has completed its review d uring the past
calendar year, including its recommendations, to the Ok lahoma
Commission on Children and Youth on or before May 1 of each year.
The Board shall also prepare and make available to the public, on an
annual basis, a report containing a summary of the activities of the
Board relating to the r eview of deaths and n ear deaths of children,
the extent to which the state child protec tion system is coordinated
with foster care and adoption programs, and an eval uation of whether
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the state is efficiently discharging its child protection
responsibilities. The report shall be completed no later than
December 31 of each year.
2. The Oklahoma Commission on Children and Youth shall review
the report of the Board and, as appropriate, incorporate the
findings and recommendations into the annual Commission re port and
the State Plan for Services to Children and Youth.
SECTION 9. REPEALER 10 O.S. 2021, Section 601.9, is
hereby repealed.
SECTION 10. It being immediately necessary for the pr eservation
of the public peace, he alth or safety, an em ergency is hereby
declared to exist, by reason whereof this act sh all take effect and
be in full force from an d after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
March 3, 2022 - DO PASS AS AMENDED