OK
Oklahoma Senate Bill SB19

Oklahoma 2023 1st Special Session

Oklahoma Senate Bill SB19 Compare Versions

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4-An Act
5-ENROLLED SENATE
28+ENGROSSED SENATE
629 BILL NO. 19x By: Thompson (Roger) and Hall
730 of the Senate
831
932 and
1033
11- Wallace, Martinez, and
12-Munson of the House
34+ Wallace and Martinez of the
35+House
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1337
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1640 An Act relating to legal representation for children
1741 and parents; creating the Family Representation and
1842 Advocacy Act; providing short title; defining term;
1943 establishing the Family Representation and Advocacy
2044 Program within the Administrative Office of the
2145 Courts; stating purpose of Program; requiri ng certain
2246 request for proposals; requiring submission of bids
2347 pursuant to the Oklahoma Central Purchasing Act;
2448 establishing duties and responsibilities of Program;
2549 requiring employment of executive director;
2650 establishing qualifications for executive direc tor;
2751 establishing duties of executive director; providing
2852 authority for Program to enter into certain
2953 contracts; establishing qualifications for counsel
3054 providing services to the Program; requiring
3155 equitable service through judicial districts;
3256 requiring adequate compensation for counsel and
3357 interdisciplinary contractors; authorizing c ertain
3458 annual review; authorizing creation of advisory board
3559 for certain purposes; creating the Family
3660 Representation and Advocacy P rogram Revolving Fund;
3761 stating purpose of Fu nd; directing disbursement of
3862 funds; authorizing certain administrative fee;
3963 requiring maintenance of certain boo ks and records;
4064 authorizing certain annual audits; authorizing use of
4165 percentage of funds for staff and operations;
4266 requiring certain annual re port; providing for
4367 codification; and providing an effective date.
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48-ENR. S. B. NO. 19x Page 2
49-SUBJECT: Legal representation for children and parents
72+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5073
51-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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5399 SECTION 1. NEW LAW A new section of law to be codified
54100 in the Oklahoma Statutes as Section 801 of Title 10, unless there is
55101 created a duplication in numbering, reads as follows:
56-
57102 A. This act shall be known and may be cited as the “Family
58103 Representation and Advocacy Act”.
59-
60104 B. As used in this act, “eligible organization” means an entity
61105 that:
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63106 1. Is organized as a not-for-profit corporation that is tax
64107 exempt pursuant to the provisions of paragraph (3) of subsection (c)
65108 of Section 501 of the United States Internal Rev enue Code of 1986,
66109 as amended;
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68110 2. Has as its primary purpose the furnishing of legal
69111 assistance to eligible clients in civil matters;
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71112 3. Renders legal services to eligible clients in pre- and post-
72113 petition deprived child proceedings; and
73-
74114 4. Is incorporated pursuant to any applicable laws in this
75115 state.
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77116 C. There is hereby created within the Administrative Office of
78117 the Courts the Family Representation and Advocacy Program. The
79118 purpose of the Family Representation and Advocacy Program shall be
80119 to ensure uniform and high quality legal representation for children
81120 and indigent parents, legal guardians, and Indian custodians in
82121 deprived child actions broug ht by the state pursuant to the
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83148 provisions of Section 1–1–101 et seq. of Title 10A of the Oklahoma
84149 Statutes.
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86150 D. From funds appropriated or otherwise available for the
87151 purpose of implementing the Family Representation and Advocacy Act,
88152 the Administrative O ffice of the Court shall issue a request for
89153 proposals and contract with an eligible organization to admi nister
90154 the Family Representation and Advocacy Program through the
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93155 establishment of a c entral office for the state. The contract shall
94156 be the result of the request for proposals issued by the
95157 Administrative Office of the Courts and submission of competitiv e
96158 bids by eligible orga nizations pursuant to the Oklahoma Central
97159 Purchasing Act.
98-
99160 E. Through the activities of the central office, the Family
100161 Representation and Advocacy Program shall work cooperatively
101162 statewide with judicial districts and attorneys by c ontracting with,
102163 training, compensating, and supporting legal counsel for the
103164 children, indigent parents, legal guardians, and Indian custodians
104165 appointed by the court pursuant to Section 1-4-306 of Title 10A of
105166 the Oklahoma Statutes. The Family Represent ation and Advocacy
106167 Program shall have the responsibility to ensure that all parents,
107168 legal guardians, and Indian custodians who are entitled to court -
108169 appointed counsel and all children are appointed counsel who have
109170 the training, support, and access to res ources to provide uni form
110171 and high quality legal representation. The central office s hall not
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111198 provide direct legal representation to clients except in selected
112199 appeals. Nothing in this subsection shall preclude the appointment
113200 of a guardian ad litem pursuant to Section 1-8-108 of Title 10A of
114201 the Oklahoma Statutes.
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116202 F. An executive director for the Family Representation and
117203 Advocacy Program shall be employed by the eligi ble organization and
118204 approved by the Administrative Office of the Courts or any board
119205 established pursuant to subsection K of this section . The executive
120206 director shall have at least ten (10) years of experience as a
121207 licensed attorney prior to appointment, be licensed to practice law
122208 in this state at the time of appointment and be familiar with the
123209 unique demands of representing children, parents, legal guardians,
124210 Indian custodians in deprived child cases in this state. The
125211 executive director shall serve full time and shall not engage in
126212 private practice of law outside of the Program. The executive
127213 director shall hire all staff including employees of the central
128214 office, contract attorneys or other legal providers eligible for
129215 appointment pursuant to Section 1-4-306 of Title 10A of the Oklahoma
130216 Statutes, and interdisciplinary contractors required to implement
131217 the Family Representation and A dvocacy Act. The executive directo r
132218 shall submit budget requests and shall report quarterly to t he
133219 Administrative Office of the Courts or any board established
134220 pursuant to subsection K of this section .
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137246
138247 G. The Family Representation and Advocacy Program shall have
139248 authority to contract with any type of legal entity including but
140249 not limited to law firms, legal services programs, Office of Public
141250 Defender, law school clinics, and individual attorneys as nee ded.
142251 The Program shall have authority to contract with and compensate
143252 social workers, parent and youth advocates, and peer mentors to
144253 provide interdisciplinary assistance to the attorneys representing
145254 children, indigent parents, legal guardians, Indian cu stodians in
146255 the deprived child proceedings. The existing Offices of Public
147256 Defender shall continue to provide representation fo r children in
148257 deprived child proceedings and continue to be funded as set forth in
149258 Section 138.4 of Title 19 of the Oklahoma Sta tutes. The Offices of
150259 the Public Defender may elect to contract with the Family
151260 Representation and Advocacy Program for addition al funds to provide
152261 additional staff and resources in the representation of the
153262 children.
154-
155263 H. The Family Representation and Adv ocacy Program shall ensure
156264 that all counsel are members of the Oklahoma Bar Association in good
157265 standing and are adequately train ed. The Program shall provide
158266 uniform and high quality training in collaboration with the State of
159267 Oklahoma Children’s Court Improvement Program, the Oklah oma Bar
160268 Association, local bar associations, and other rel evant state and
161269 national organizations to all attorneys who are appointed to
162270 represent children, parents, legal guardians, and Indian custodians
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163297 in deprived child procee dings. The Program shall contractually
164298 require and verify that the attorneys providing legal representation
165299 to children, indigent parents, legal guardians, an d Indian
166300 custodians comply with the Oklahoma Standards of Practice for
167301 Attorneys Representing Parents in Deprived Child Proceedings, the
168302 Oklahoma Standards of Practice for Attorneys Representing Children
169303 in Deprived Child Proceedings, and caseload limits a s developed and
170304 approved by the Uniform Representation of Children and Parents in
171305 Cases Involving Abuse and Neglect Oversight Committee create d by the
172306 Oklahoma Supreme Court. The Family Representation and Advocacy
173307 Program shall ensure that all interdiscip linary contractors are
174308 provided with uniform and evidence-based training, resources, and
175309 support.
176-
177310 I. The Family Representation and Advocacy P rogram shall ensure
178311 that all areas of the state are equitably served and, based on the
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181312 appropriations available, s hall prioritize judicial districts where
182313 attorneys are unavailable for court appointments or are minimally
183314 compensated. The Program shall determine where additional attorneys
184315 are needed within the state’s judicial districts and shall develop
185316 additional resources.
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187317 J. The Family Representation and Advocacy Program shall ensure
188318 that counsel and interdi sciplinary contractors are adequately
189319 compensated based on available appropriations and other funding
190320 received and are provided access to resources in order to deliver
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191347 high quality legal representation. The Program is authorized to
192348 annually review the per formance of the attorneys, interdisciplinary
193349 contractors, and entities with which the eligible organization
194350 contracts, with the goal of helping them achieve and maintain high-
195351 quality performance. The Program shall ensure that review measures
196352 preserve client confidentiality and avoid conflicts of int erest.
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198353 K. The Oklahoma Supreme Court may direct the Administrative
199354 Office of the Courts to establish an advisory board to exercise
200355 oversight over the Family Representation and Advocacy Program and
201356 the selected eligible organization, and to make recommendations and
202357 take such actions as deemed nece ssary to ensure proper
203358 administration of the Program.
204-
205359 SECTION 2. NEW LAW A new section of law to be codified
206360 in the Oklahoma Statutes as Section 802 of Title 10, unless there is
207361 created a duplication in numbering, reads as follows:
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209362 A. There is hereby created in the State Treasury a revolving
210363 fund for the Administrative Office of the Courts to be designated
211364 the “Family Representation and Advocacy Program Revolving Fund”.
212365 The fund shall be a continu ing fund, not subject to fiscal yea r
213366 limitations, and shall consist of all monies received by the
214367 Administrative Office of the Courts for child and indigent parent,
215368 legal guardian, and Indian c ustodian legal and interdisciplinary
216369 representation services to be provided by the Family Represen tation
217370 and Advocacy Program. The revolving fund shall include funds
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218397 appropriated to the fund, federal funds, gifts, donations, and
219398 grants. All monies accruing to the credit of the fund are hereby
220399 appropriated and may be budgeted and expended by the Admin istrative
221400 Office of the Courts for the purpose of administering the Fami ly
222401 Representation and Advocacy Program and for the provision of legal
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225402 and interdisciplinary services to indigent parents and children by
226403 and through the Family Representation and Advoc acy Program. By
227404 January 31, 2024, and by January 31 of each year therea fter, the
228405 Administrative Office of the Courts shall disburse funds from the
229406 Family Representation and Advocacy Program Revolving Fund to the
230407 contracted eligible organization.
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232408 B. The Administrative Office of the Courts shall allocate and
233409 expend funds from the Family Representation and Advocacy Program
234410 Revolving Fund to provide for the neces sary operating costs of the
235411 Family Representation and Advocacy Program including court-appointed
236412 legal and interdisciplinary representation to children, indigent
237413 parents, legal guardians, or Indian custodians in proceedings
238414 governed by the Oklahoma Childre n’s Code, to the extent that funds
239415 are available from the Famil y Representation and Advocacy Progr am
240416 Revolving Fund. The Administrative Office of the Courts shall
241417 allocate and expend these funds pursuant to the contract with the
242418 eligible organization. The Administrative Office of the Courts may
243419 charge an administrat ive fee as provided in Subsection D of this
244420 Section for administering the contract.
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246447 C. The eligible organization that contracts to operate and
247448 manage the Family Representation and Advocacy Pro gram to provide
248449 legal and interdisciplinary services shall main tain books and
249450 records in accordanc e with generally accepted accounting principles.
250451 The books and records shall account for the receipt and expenditure
251452 of all funds paid pursuant to contract. Books and records shall be
252453 maintained for a period of five (5) years from the close of the
253454 fiscal year of the contract period. The State Auditor and Inspector
254455 may audit each organization annually. The necessary expense of each
255456 audit including but not limited to the cost of typing, printing, and
256457 binding shall be paid from funds of the organization.
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258458 D. The Administrative Office of the Courts may use up to two
259459 and one-half percent (2.5%) of the funds deposited in the Family
260460 Representation and Advocacy Prog ram Revolving Fund in any given
261461 fiscal year to provide financia l support staff, financial data ent ry
262462 staff and facilities, and operating assistance for the Family
263463 Representation Program Advisory Board.
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265464 E. An annual report issued by the Administrative Offi ce of the
266465 Courts outlining performance measures for the Family Representation
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269466 and Advocacy Program and recommendations for ongoing appropriations
270467 shall be transmitted to the Governor, the President Pro Tempore of
271468 the Oklahoma Senate and the Speaker of the House of Representatives
272469 no later than December 31 of each year .
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274470 SECTION 3. This act shall become effective November 1, 2023.
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278497 Passed the Senate the 24th day of May, 2023.
279498
280499
281500
282501 Presiding Officer of the Senate
283502
284503
285-Passed the House of Representatives the 26th day of May, 2023.
504+Passed the House of Representatives the ____ day of __________,
505+2023.
286506
287507
288508
289509 Presiding Officer of the House
290510 of Representatives
291511
292-OFFICE OF THE GOVERNO R
293-Received by the Office of the Governor this _______ _____________
294-day of _________________ __, 20_______, at _______ o'clock _______ M.
295-By: _______________________________ __
296-Approved by the Governor of the State of Oklahoma this _____ ____
297-day of ___________________, 20_______, at _______ o'clock _______ M.
298-
299- _________________________________
300- Governor of the State of Oklahoma
301-
302-
303-OFFICE OF THE SECRETARY OF STATE
304-Received by the Office of the Secretary of State this _______ ___
305-day of __________________, 20 _______, at _______ o'clock _______ M.
306-By: _______________________________ __