OK
Oklahoma Senate Bill SB537

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB537 Compare Versions

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28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 537 By: Haste of the Senate
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32+ and
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34+ Miller of the House
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4-An Act
5-ENROLLED SENATE
38+
39+
40+An Act relating to children; amending 10 O.S. 2021,
41+Section 600, which relates to definition s; removing
42+definitions; modifying statutor y reference; amending
43+10 O.S. 2021, Section 601.1, which relates to
44+membership of Oklahoma Commission on Children and
45+Youth; modifying membership of Commission; clarifying
46+term limitation for certain members; requiring
47+membership terms to coincide with fiscal year;
48+amending 10 O.S. 2021, Section 601.5, which relates
49+to Director of the Commission; removing duty of
50+Director to receive Com mission advice and approval in
51+hiring staff; conforming language; amending 10 O.S.
52+2021, Section 601.6a , which relates to Office of
53+Planning and Coordination for Services to Children
54+and Youth; modifying requirements relating to State
55+Plan for Services to Children and Youth; specifying
56+inclusions; conforming language; amending 10 O.S.
57+2021, Section 601.6b , which relates to State Plan for
58+Services to Children and Youth; modifying and
59+eliminating certain requirements relating to State
60+Plan for Services to Chi ldren and Youth; extending
61+time period of state plan; broadening recipients of
62+state plan; amending 10 O.S. 2021, Section 6 01.14,
63+which relates to Children’s Endowment Fund of
64+Oklahoma; modifying purpose of Children’s Endowment
65+Fund of Oklahoma; broadening purpose of Parent
66+Partnership Board; expanding allowed expenses of
67+available funds; authorizing certain compensation of
68+Parent Partnership Board members; limiting
69+expenditures of Children’s Endowment Fund of
70+Oklahoma; amending 10 O.S. 2021, Section 1116.6 ,
71+which relates to Postadjudication Review Ad visory
72+Board; conforming language; amending 10 O.S. 2021,
73+Section 1150.2, which relates to the Child Death
74+Review Board; conforming language; r epealing 10 O.S.
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101+2021, Section 601.9, which relates to evaluation and
102+review of services to children and youth ; and
103+declaring an emergency.
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107+AMENDMENT NO. 1. Page 7, line 2, after the word "Commission" and
108+before the ";", restore all stricken language and
109+punctuation
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111+and amend title to confrom
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113+Passed the House of Representatives the 28th day of April, 2022.
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119+Presiding Officer of the House of
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123+Passed the Senate the ____ day of __________, 2022.
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129+Presiding Officer of the Senate
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157+ENGROSSED SENATE
6158 BILL NO. 537 By: Haste of the Senate
7159
8160 and
9161
10162 Miller of the House
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12164
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14166
15167 An Act relating to children; amending 10 O.S. 2021,
16168 Section 600, which relates to definition s; removing
17169 definitions; modifying statutory reference; amending
18170 10 O.S. 2021, Section 601.1, which relates to
19171 membership of Oklahoma Commission on Children and
20172 Youth; modifying membership of Commission; clarifying
21173 term limitation for certain members; requiring
22174 membership terms to coincide with fiscal year;
23175 amending 10 O.S. 2021, Section 601.5, which relates
24-to Director of the Commission; conforming language;
25-amending 10 O.S. 2021, Section 601.6a , which relates
26-to Office of Planning and C oordination for Services
27-to Children and Youth ; modifying requirements
28-relating to State Plan for Services to Children and
29-Youth; specifying inclusions ; conforming language;
30-amending 10 O.S. 2021, Section 601.6b , which relates
31-to State Plan for Services to Children and Youth;
32-modifying and eliminating certain requirements
33-relating to State Plan for Services to Children and
34-Youth; extending time period of sta te plan;
35-broadening recipients of state plan; amending 10 O.S.
36-2021, Section 601.14 , which relates to Children’s
37-Endowment Fund of Oklahoma; modifying purpose of
38-Children’s Endowment Fund of Oklahoma; broadening
39-purpose of Parent Partnership Board; expanding
40-allowed expenses of available funds; authorizing
41-certain compensation of Parent Partnership Board
42-members; limiting expenditures of Children’s
43-Endowment Fund of Oklahoma; amending 10 O.S. 2021,
44-Section 1116.6, which relates to Postadjudication
45-Review Advisory Board; conforming language; amending
46-10 O.S. 2021, Section 1150.2 , which relates to the
176+to Director of the Commission; removing duty of
177+Director to receive Com mission advice and approval in
178+hiring staff; conforming language; amending 10 O.S.
179+2021, Section 601.6a, which relates to Office of
180+Planning and Coordination for Services to Children
181+and Youth; modifying requirements relating to State
182+Plan for Services to Children and Youth; specifying
183+inclusions; conforming language; amending 10 O.S.
184+2021, Section 601.6b, which relates to State Plan for
185+Services to Children and Youth; modifying and
186+eliminating certain requirements relating to State
187+Plan for Services to Chi ldren and Youth; extending
188+time period of state plan; broadening recipients of
189+state plan; amending 10 O.S. 2021, Section 601.14 ,
190+which relates to Children’s Endowment Fund of
191+Oklahoma; modifying purpose of Children’s Endowment
192+Fund of Oklahoma; broadening purpose of Parent
193+Partnership Board; expanding allowed expenses of
194+available funds; authorizing certain compensation of
195+Parent Partnership Board members; limiting
196+expenditures of Children’s Endowment Fund of
197+Oklahoma; amending 10 O.S. 2021, Section 1116.6 ,
198+which relates to Postadjudication Review Ad visory
199+Board; conforming language; amending 10 O.S. 2021,
200+Section 1150.2, which relates to the Child Death
201+Review Board; conforming language; repealing 10 O.S.
202+2021, Section 601.9, which relates to evaluation and
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48-ENR. S. B. NO. 537 Page 2
49-Child Death Review Board; conforming language;
50-repealing 10 O.S. 2021, Section 601.9, which relates
51-to evaluation and review of services to children and
52-youth; and declaring an emergency.
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229+review of services to children and youth ; and
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57-SUBJECT: Children
58-
59235 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
60-
61236 SECTION 1. AMENDATORY 10 O.S. 2021, Section 600, is
62237 amended to read as follows:
63-
64238 Section 600. As used in Sections 601.1 through 601.12 601.14 of
65239 this title:
66-
67240 1. “Children and youth serv ice system” means health, mental
68241 health, social, rehabilitative assistance and educational services
69242 provided to children and youth by and through the courts and public
70243 and private agencies;
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72244 2. “Client” means a child or a family member of a child who is
73245 receiving services through the children and youth service system;
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75246 3. “Commission” means the Oklahoma Commission on Children and
76247 Youth;
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78248 4. “Community partnership board” means the local district
79249 planning and coordinating body for s ervices to children and you th
80250 established pursuant to Section 601.11 of this title;
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82251 5. “Community partnership district ” means the local planning
83252 and coordinating areas within the state established pursuant to
84253 Section 601.11 of this tit le;
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86254 6. “Homeless children and youth” means a person twenty-one (21)
87255 years of age or younger who is:
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89282 a. unaccompanied by a parent or guardian, and
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93283 b. without shelter where appropriate care and sup ervision
94284 are available, or
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96285 c. without a parent or guardian w ho is willing and ab le
97286 to provide shelter and c are, or
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99287 d. without a fixed, regular, or a dequate nighttime
100288 residence. For the purposes of this paragraph,
101289 “fixed, regular, or adequate nighttime res idence”
102290 shall not include a supervised publicly or privately
103291 operated shelter or institution designed to pr ovide
104292 temporary living accommodations, tr ansitional housing
105293 arrangements, living in hotels, temporary living
106294 arrangements with other people but witho ut an
107295 opportunity for permanent residence or a residential
108296 lease, or a public or private place not designed for,
109297 nor ordinarily used as, a regular s leeping
110298 accommodation for human beings; and
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112299 7. “Runaway” means an unmarried child less than eighteen (18)
113300 years of age who is absent from the home of a parent, guardia n or
114301 other lawful placement without the consent of the parent, guardian
115302 or lawful custodian;
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117303 8. “State and state-supported services to children and youth ”
118304 means services to children and youth, offere d or provided by a
119305 public or private agency or organizat ion, that are suppor ted in
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120332 whole or in part thr ough state funds or federal funds adminis tered
121333 by the state;
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123334 9. “State Plan for Services to Children and Youth ” means the
124335 planning document required by Section 601.9 601.6a of this title;
125336 and
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127337 10. “Youth at risk of homelessness” means a person twenty -one
128338 (21) years of age or younger whose status or circumstances indicate
129339 a significant danger of experiencing homelessness in the near
130340 future, including but not lim ited to youth exiting out -of-home
131341 placements, youth who previously wer e homeless, youth whose pa rents
132342 or guardians are or were previously homeless, youth who are exposed
133343 to abuse and neglect in their homes, youth who experience excessive
134344 conflict with their parents and runaways.
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138345 SECTION 2. AMENDATORY 10 O.S. 2021, Section 601. 1, is
139346 amended to read as follows:
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141347 Section 601.1. A. There is hereby created the Oklahoma
142348 Commission on Children and Youth which shall be composed of nineteen
143349 (19) eighteen (18) members. The membership shal l include:
144-
145350 1. The Director of the Department of Human Services, the State
146351 Commissioner of Health, the Commissioner of the Department of Mental
147352 Health and Substance Abuse Services, the State Superintendent of
148353 Public Instruction, the Administrator of the Ok lahoma Health Care
149354 Authority, the Director of the State Department of Rehabilitation
150355 Services, and the Chair of the SJR 13 Oversight Committee;
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152382 2. The Executive Director of the Office of Juvenile Affairs;
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154383 3. Five members who shall be appointed by the Gov ernor from a
155384 list submitted by the governing board of each of the following
156385 organizations:
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158386 a. the Oklahoma Children’s Agencies and Residential
159387 Enterprises,
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161388 b. one statewide association of youth services,
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163389 c. the Oklahoma Bar Ass ociation,
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165390 d. the Oklahoma District Attorneys Asso ciation, and
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167391 e. a statewide court-appointed Special Advocate
168392 Association;
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170393 4. One member appointed by the Governor who shall represent one
171394 of the metropolitan juvenile bureaus;
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173395 5. One member representing bu siness or industry, appointed by
174396 the Governor;
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176397 6. One member who is the parent of a child with special needs,
177398 appointed by the Speaker of the House of Representatives;
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181399 7. One member with a demonstrated interest in improving
182400 children’s services who is not employed by a state agency o r a
183401 private organization that receives state funds, appointed by the
184402 President Pro Tempore of the Senate; and
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186403 8. One member who represents a community partnership board to
187404 be elected pursuant to the guidelines established by the O klahoma
188405 Commission on Children and Youth; and
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190432 9. One member who shall be appointed by the Gover nor from a
191433 list of three names submitted by the Post Adjudication Review Board.
192-
193434 B. The appointed members shall have had active experience in
194435 services to children and youth and may serv e four terms of two (2)
195436 years each. Any appointed member serving on th e Commission on the
196437 effective date of this act shall be entitled to complete his or her
197438 term and shall be eligible to serve one additional term of two (2)
198439 years. Any person who served on the Commission pr ior to the
199440 effective date of this act shall be elig ible to serve one additional
200441 term of two (2) years A person appointed to fill the remainder of a
201442 vacant term shall, upon completion of that t erm, be eligible to
202443 serve four additional tw o-year terms. Terms shall coincide with the
203444 fiscal year.
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205445 C. The Oklahoma Commission on Children and Youth shall provide
206446 a monthly report on commission member attendance to the appointing
207447 authorities.
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209448 SECTION 3. AMENDATORY 10 O.S . 2021, Section 601.5, is
210449 amended to read as follows:
211-
212450 Section 601.5. A. The Oklahoma Commission on Children and
213451 Youth shall appoint a Director who shall be a person having
214452 experience in the operation and administratio n of services to
215453 children and youth. Such Director shall be appointed for a term of
216454 two (2) years, and may be reappointed. Such Director may be
217455 dismissed only for cause. The Director shall:
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219482 1. Employ such staff as may be necessary to perform the duties
220483 of the Commission, with the advice and approval of the C ommission;
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224484 2. Prepare the State Plan for Services to Children and Y outh,
225485 the Annual Report required by Section 601.9 of this title , other
226486 reports as necessary and appropriate , and an annual budget f or the
227487 approval of the Comm ission;
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229488 3. Formulate and recommend rules and regulations for approval
230489 or rejection by the Commiss ion;
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232490 4. Serve as chief executive officer of the Oklahoma Commission
233491 on Children and Youth ; and
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235492 5. Act as agent as authorized for the Commission in the
236493 performance of its duties.
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238494 B. The Director may periodically convene issue-specific task
239495 groups for the purpose of improving services for children and youth.
240496 A copy of any report or recommendations which result from meetings
241497 of a task group shall be provided t o the Commission, Governor,
242498 Speaker of the House of Representatives, President Pro Tempore of
243499 the Senate and the director of each state agency affected by the
244500 report or recommendations.
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246501 SECTION 4. AMENDATORY 10 O.S. 2021, Section 601.6a, is
247502 amended to read as follows:
248-
249503 Section 601.6a. The Office of Planning and Coordination fo r
250504 Services to Children and Youth shall:
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252531 1. Convene meetings of public and private agencies that provide
253532 services to children and youth for the purpose of facilitating and
254533 implementing joint planning and service coor dination among said
255534 agencies;
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257535 2. Provide the community partnership boards with fiscal and
258536 other information related to the children and youth service system
259537 necessary to assist the partnership boards with the performance of
260538 their duties and responsibiliti es;
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262539 3. Annually prepare, with the advic e and assistance of the
263540 community partnership boards Prepare, with the advice and assistance
264541 of the Parent Partnership Board and affected public and private
265542 agencies, the a State Plan for Services to Children and You th for
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268543 the approval of the Commission . The State Plan for Services to
269544 Children and Youth shall include recommendations regarding the
270545 development and improvement of services prov ided to children and
271546 youth and such other information as may be required by the
272547 Commission;
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274548 4. Examine all plans, bud gets and related documents pertaining
275549 to the planning, coordination and development of the children and
276550 youth service system;
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278551 5. Review, monitor and evaluate the child ren and youth servic e
279552 system regarding the devel opment of services, progress towards
280553 effective joint planning and service coordination, and compliance
281554 with established state policies and goals; and
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283581 6. Issue reports to the Gov ernor, Speaker of the House of
284582 Representatives, President Pro Tempore of the S enate, Chief Justice
285583 of the Supreme Court of the State of Oklahoma, public and private
286584 agencies, and such other persons as necessary and appropriate.
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288585 SECTION 5. AMENDATORY 10 O.S. 2021, Section 601.6b, is
289586 amended to read as follow s:
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291587 Section 601.6b. A. On or before July 1 of each year July 1,
292588 2023, and on or before July 1 of every third year thereafter, the
293589 Oklahoma Commission on Children and Youth shall transmit to the
294590 Director of the Office of Management and Enterprise Services and to,
295591 the director of each affected ag ency, the President Pro Tempore of
296592 the Senate, the Speaker of the House of Represe ntatives, and the
297593 Governor a copy of the State Plan for Services to Children and Youth
298594 for the next three (3) fiscal year years.
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300595 B. The Office of Planning and Coordination s hall on or before
301596 January 1 of each year provide a written repo rt to the Legislature
302597 on its expenditures to community partnership boards.
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304598 C. The Office of Planning and Coordination, with the assistance
305599 of the Office of Management and Enterprise Services a nd affected
306600 agencies, may assemble topic-specific reports regar ding services to
307601 children, youth, and families to include program descriptions, past
308602 and current expendit ures, future budget requests, and a description
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311603 of program outcomes as directed by the L egislature or the
312604 Commission.
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314631 SECTION 6. AMENDATORY 10 O.S. 2021, Section 601.14, is
315632 amended to read as follows:
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317633 Section 601.14. A. There is hereby created in th e State
318634 Treasury a fund for the Oklahoma Commission on Children and Youth to
319635 be designated the “Children’s Endowment Fund of Oklahoma ”. The fund
320636 shall be a continuing fund, not subject to fiscal year limitations,
321637 and shall consist of all monies received t hrough donations or
322638 interest earned by investment of monies in the fund. The fund shall
323639 be invested by the State Treasurer in accordance with Section 89.2
324640 of Title 62 of the Oklahoma Statutes.
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326641 B. Funds deposited into the Children ’s Endowment Fund of
327642 Oklahoma and any earnings there from, including any interest,
328643 dividends or realized capital gains from investment of monies in the
329644 fund, shall be administered by the Oklaho ma Commission on Children
330645 and Youth for the purpose of awarding gran ts in order to stimul ate
331646 which is authorized to award grants to further the public purpose of
332647 stimulating a broad range of innovative programs, activities or
333648 research or evaluation that wi ll improve the well-being and reduce
334649 the adverse childhood experienc es of Oklahoma’s children. The funds
335650 shall not be used to expand existing services or t o support ongoing
336651 core services. The Commission may also direct the State Treasurer
337652 to reinvest any earnings into the corpus of the fund.
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339653 C. The Oklahoma Commission o n Children and Youth shall
340654 promulgate rules to:
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342681 1. Establish a Parent Partnership Board for the purpose of
343682 informing the work of Oklahoma ’s child-serving systems including the
344683 development and evaluation of the grants , assisting members of the
345684 Commission and their respective entities with areas of concern,
346685 supporting the Commission in the pro cess of developing and awarding
347686 grants supported by the Children’s Endowment Fund of Oklahoma, and
348687 other activities upon request ; and
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350688 2. Establish criteria and procedur es for awarding grants
351689 supported by the Children’s Endowment Fund of Oklahoma.
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355690 D. The Oklahoma Commission on Children and Youth shall may use
356691 up to ten percent (10%) of the funds deposite d in the Children’s
357692 Endowment Fund of Oklahoma to be available to th e Commission in any
358693 given fiscal year to provide administration, oversight, training or
359694 evaluation of the grantees or the Parent Partnership Board .
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361695 E. The Oklahoma Commission on Children and Youth may use
362696 available public or private funds to compensate members of the
363697 Parent Partnership Board for their time, reimburse for travel as
364698 provided by the State Travel Reimbursement Act, reimburse childcare
365699 expenses, and provide any materials and su pplies necessary for
366700 carrying out their duties .
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368701 F. Monies from the fund may be expended by the Oklahoma
369702 Commission on Children and Youth in acco rdance with the provisions
370703 of this section upon warrants issued by the State Treasurer against
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371730 claims filed as prescribed by law with the Director of the Office of
372731 Management and Enterprise Services f or approval and payment.
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374732 G. Notwithstanding any other provision of law, funds deposited
375733 in the Children’s Endowment Fund of Oklahoma shall only be expended
376734 as provided in this section.
377-
378735 SECTION 7. AMENDATORY 1 0 O.S. 2021, Section 1116.6, is
379736 amended to read as follows:
380-
381737 Section 1116.6. A. There is hereby created a State
382738 Postadjudication Review Advisory Board which shall meet at least
383739 twice each calendar year. The Advisory Board shall have the duty of
384740 overseeing the implementation of the state postadjudicat ion review
385741 program in coordination with the Oklahoma Commission on Children and
386742 Youth.
387-
388743 B. The Advisory Board shall consist of twenty -one (21) members
389744 appointed by the Governor as follows:
390-
391745 1. Eight of the mem bers shall be members of the various review
392746 boards throughout the state;
393-
394747 2. Five of the members shall be judges of the district court;
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398748 3. Five of the members shall represent the general public and
399749 may be foster parents;
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401750 4. One of the members appointed a fter the effective da te of
402751 this act shall be a foster parent representing foster parent s who
403752 have a current contract with the Department of Human Services to
404753 provide foster care services;
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406780 5. One of the members appointed after the effective date of
407781 this act shall be a foster parent representing child -placing
408782 agencies which have current contr acts with the Department to provide
409783 foster care services; and
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411784 6. One of the members appointed after the effective date of
412785 this act shall be a foster parent nominated by any local or
413786 statewide foster parent associati on.
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415787 The members shall serve at the pleas ure of the Governor. The
416788 administrative heads of the divisions which have foster care
417789 responsibilities within the Department of Human Services and the
418790 Office of Juvenile Affairs or their designees shall serve as ex
419791 officio members of the Board.
420-
421792 C. The Director of the Oklahoma Commission on Children and
422793 Youth shall be the clerk of the Advisory Board.
423-
424794 The Advisory Board shall have the duty to:
425-
426795 1. Assist in the training o f the members of the review boards;
427-
428796 2. Serve, in coordination with the Oklahoma Commis sion on
429797 Children and Youth, as a clearinghouse for reports and information
430798 concerning the foster care review program and the review boards as
431799 they relate to foster care;
432-
433800 3. Make recommendat ions to the courts, the Ok lahoma Commission
434801 on Children and Youth, the Governor, the Legislature, the Department
435802 of Human Services, the Office of Juvenile Affairs, and other state
436803 agencies providing services to children regarding propo sed statutory
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437830 revisions, and amendments to cour t rules and procedures, and review
438831 and make recommendations on permanency planning, foster care and
439832 child welfare service delivery policies, guidelines, and procedures;
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443833 4. Work with both public and private ag encies concerned with
444834 foster care and adoption exchanges to inform the public of the ne ed
445835 for temporary and permanent homes and other services needed by
446836 deprived children; and
447-
448837 5. Specifically:
449-
450838 a. identify, analyze, and recommend solutions to any
451839 issue concerning child welfare and foster care
452840 services within the child welfare delivery system ,
453-
454841 b. participate in the statewide planning and promotion of
455842 foster parent involvement in local planning for child
456843 welfare services, and
457-
458844 c. develop recommendations concer ning foster care
459845 training to improve the qualit y of foster care
460846 services.
461-
462847 D. The State Postadjudication Review Advisory Board may
463848 designate multidisciplinary committees on the local level to act as
464849 advocates for foster parents in order to assist in the re solution of
465850 specific complaints concerning fost er care and to help facilitate
466851 the relationship between the Department of Human Services, the
467852 Office of Juvenile Affairs, child -placing agencies, and the foster
468853 parents.
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470880 E. The Oklahoma Commission on Children and Youth, with the
471881 assistance of the State Po stadjudication Review Advisory Board,
472882 shall be responsible for developing and administering training
473883 procedures and rules for the administration of the state
474884 postadjudication review board system.
475-
476885 F. The State Postadjudication Rev iew Advisory Board shall
477886 submit a report of the activities of the review boards, including
478887 the findings and recommendations of such review boards, to the
479888 Oklahoma Commission on Children and Youth on or before May 1 of each
480889 year.
481-
482890 G. The Oklahoma Commission on Children and Youth sha ll
483891 incorporate, as appropriate, the find ings and recommendations of the
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486892 review boards in the annual report required by Section 601.9 of this
487893 title.
488-
489894 SECTION 8. AMENDATORY 10 O.S. 2021, Section 1150.2, is
490895 amended to read as follows:
491-
492896 Section 1150.2. A. There is hereby re -created until July 1,
493897 2023, in accordance with the Oklahoma Sunset Law, the C hild Death
494898 Review Board within the Oklahom a Commission on Children and Youth.
495899 The Board shall have the power an d duty to:
496-
497900 1. Conduct case reviews of deaths and near deaths of c hildren
498901 in this state;
499-
500902 2. Develop accurate statistical information and identi fication
501903 of deaths of children due to abus e and neglect;
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503930 3. Improve the ability to provide protective services to the
504931 surviving siblings of a child or children who die of abuse or
505932 neglect and who may be living in a dangerous environment;
506-
507933 4. Improve policies, procedures and practices within the
508934 agencies that serve children , including the child protection system;
509-
510935 5. Enter into agreements wi th local teams established by the
511936 Child Death Review Board to carry out such duties and
512937 responsibilities as the Child Death Review Board shall designate ,
513938 including reviewing cases assigned by the Board in the geographical
514939 area for that local team. The Okl ahoma Commission on Children and
515940 Youth, with the advice of the Child Death Review Board, shall
516941 promulgate rules as nec essary for the implementation and
517942 administration of the provisions of this paragraph; and
518-
519943 6. Enter into agreements with other state, loca l, or private
520944 entities as necessary to c arry out the duties of the Child Death
521945 Review Board including, but not limited to, conducting joint reviews
522946 with the Domestic Violence Fatality Review Board on domestic
523947 violence cases involv ing child death or child n ear-death incidents.
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525948 B. In carrying out its duties and responsibilities the Board
526949 shall:
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530950 1. Establish criteria for c ases involving the death or near
531951 death of a child subject to specific, in -depth review by the Board.
532952 As used in this section, the term “near death” means a child is in
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533979 serious or critical condition, as certified by a physician, as a
534980 result of abuse or neg lect;
535-
536981 2. Conduct a specific case review o f those cases where the
537982 cause of death or near de ath is or may be rela ted to abuse or
538983 neglect of a child;
539-
540984 3. Establish and maintain sta tistical information related to
541985 the deaths and near deaths of children includi ng, but not limited
542986 to, demographic and me dical diagnostic information;
543-
544987 4. Establish procedures for obtaining i nitial information
545988 regarding near deaths of children from the Depa rtment of Human
546989 Services and law enforcement agencies;
547-
548990 5. Review the policies , practices, and procedures of the child
549991 protection system and make specific recommendation s to the entities
550992 comprising the child protecti on system for actions necessary for the
551993 improvement of the system;
552-
553994 6. Review the extent to which the state child prot ection system
554995 is coordinated with foster c are and adoption programs and evaluate
555996 whether the state is efficiently discharging its child pr otection
556997 responsibilities under the fede ral Child Abuse Prevention and
557998 Treatment Act state plan;
558-
559999 7. As necessary and appropriate, for the protection of the
5601000 siblings of a child who dies and whose siblings are deemed to be
5611001 living in a dangerous environment, refer specific cases to the
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5621028 Department of Human Services or the appropriate district attorney
5631029 for further investigati on;
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5651030 8. Request and obtain a copy of all r ecords and reports
5661031 pertaining to a child whose ca se is under review in cluding, but not
5671032 limited to:
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5691033 a. the report of the medical examiner ,
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5711034 b. hospital records,
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5751035 c. school records,
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5771036 d. court records,
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5791037 e. prosecutorial records,
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5811038 f. local, state, and federal law e nforcement records
5821039 including, but not limited to, the Oklahoma State
5831040 Bureau of Investigation (OS BI),
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5851041 g. fire department records,
586-
5871042 h. State Department of Health records, including birth
5881043 certificate records,
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5901044 i. medical and dental records,
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5921045 j. Department of Mental Health and Substance Abuse
5931046 Services and other mental health record s,
594-
5951047 k. emergency medical se rvice records,
596-
5971048 l. files of the Departmen t of Human Services, and
598-
5991049 m. records in the possession of the Domestic Violence
6001050 Fatality Review Board when conducting a j oint review
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6011077 pursuant to paragraph 6 of subsection A of this
6021078 section.
603-
6041079 Confidential information pr ovided to the Board shall be
6051080 maintained by the Board in a confidential manner as otherwise
6061081 required by state and feder al law. Any person damaged by disclosure
6071082 of such confidential information by the Board, it s local boards or
6081083 their members, not authorized by law, may maintain an action for
6091084 damages, costs and attorney fees;
610-
6111085 9. Maintain all confidential information, docum ents and records
6121086 in possession of the Boar d as confidential and not subject to
6131087 subpoena or discovery in any civi l or criminal proceedings;
6141088 provided, however, information, documen ts and records otherwise
6151089 available from other sources shall not be exempt from subpoena or
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6181090 discovery through those sourc es solely because such information,
6191091 documents and records were present ed to or reviewed by the B oard;
620-
6211092 10. Conduct reviews of specific c ases of deaths and near deaths
6221093 of children and request the preparation of addi tional information
6231094 and reports as determin ed to be necessary by the Board including,
6241095 but not limited to, clinical summaries from treating physicians,
6251096 chronologies of contact, and second-opinion autopsies;
626-
6271097 11. Report, if recommended by a majority vote of t he Board, to
6281098 the President Pro Tempore of the Senate and the Speaker of the House
6291099 of Representatives any gross n eglect of duty by any stat e officer or
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6301126 state employee, or any prob lem within the child protective services
6311127 system discovered by the Board while performing its duties;
632-
6331128 12. Recommend, when appropriate, amendment of the cause or
6341129 manner of death listed on the death certificate; and
635-
6361130 13. Subject to the approval of the Oklaho ma Commission on
6371131 Children and Youth, exercise all incidental powers necessary and
6381132 proper for the implementation and admi nistration of the Child Death
6391133 Review Board Act.
640-
6411134 C. The review and discussion of individual case s of death or
6421135 near death of a child shal l be conducted in executive session and in
6431136 compliance with the confidentiality requirements of Section 1 -6-102
6441137 of Title 10A of the Oklahoma Statutes. All other business shall be
6451138 conducted in accordance with the prov isions of the Oklahoma Open
6461139 Meeting Act. All discussions of individual cases and any writings
6471140 produced by or created for the Board in the course of its remedia l
6481141 measure and recommended by the Board, as the re sult of a review of
6491142 an individual case of the d eath or near death of a child, shall be
6501143 privileged and shall not be admissible in evidence in any
6511144 proceeding. The Boa rd shall periodically conduct meetings to
6521145 discuss organization and business matters and any actions or
6531146 recommendations aimed at improvemen t of the child protection system
6541147 which shall be subject to the Oklahoma Open Meeting Act. Part of
6551148 any meeting of the Board may be specifically designated as a
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6561175 business meeting of the Board subject to the Okla homa Open Meeting
6571176 Act.
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6611177 D. 1. The Board shall submit an annual statistical report on
6621178 the incidence and causes of death and near death of children in this
6631179 state for which the Board has completed its review d uring the past
6641180 calendar year, including its recommendations, to the Ok lahoma
6651181 Commission on Children and Youth on or before May 1 of each year.
6661182 The Board shall also prepare and make available to the public, on an
6671183 annual basis, a report containing a summary of the activities of the
6681184 Board relating to the r eview of deaths and n ear deaths of children,
6691185 the extent to which the state child protec tion system is coordinated
6701186 with foster care and adoption programs, and an eval uation of whether
6711187 the state is efficiently discharging its child protection
6721188 responsibilities. The report shall be completed no later than
6731189 December 31 of each year.
674-
6751190 2. The Oklahoma Commission on Children and Youth shall review
6761191 the report of the Board and, as appropriate, incorporate the
6771192 findings and recommendations into the annual Commission re port and
6781193 the State Plan for Services to Childre n and Youth.
679-
6801194 SECTION 9. REPEALER 10 O.S. 2021, Section 601.9, is
6811195 hereby repealed.
682-
6831196 SECTION 10. It being immediately necessary for the pr eservation
6841197 of the public peace, he alth or safety, an em ergency is hereby
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6851224 declared to exist, by reason whereof this act sh all take effect and
6861225 be in full force from and after its passage and approval.
687-
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690-Passed the Senate the 10th day of May, 2022.
1226+Passed the Senate the 14th day of March, 2022.
6911227
6921228
6931229
6941230 Presiding Officer of the Senate
6951231
6961232
697-Passed the House of Representatives the 28th day of April, 2022.
1233+Passed the House of Representatives the ____ day of __________,
1234+2022.
6981235
6991236
7001237
7011238 Presiding Officer of the House
7021239 of Representatives
7031240
704-OFFICE OF THE GOVERNOR
705-Received by the Office of the Governor this _______ _____________
706-day of _________________ __, 20_______, at _______ o'clock _______ M.
707-By: _______________________________ __
708-Approved by the Governor of the State of Oklahoma this _____ ____
709-day of _________________ __, 20_______, at _______ o'clock _______ M.
7101241
711- _________________________________
712- Governor of the State of Oklahoma
713-
714-
715-OFFICE OF THE SECRETARY OF STATE
716-Received by the Office of the Secretary of State this _______ ___
717-day of __________________, 20 _______, at _______ o'clock _______ M.
718-By: _______________________________ __