An Act
ENROLLED SENATE
BILL NO. 19x By: Thompson (Roger) and Hall
of the Senate
and
Wallace, Martinez, and
Munson of the House
An Act relating to legal representation for children
and parents; creating the Family Representation and
Advocacy Act; providing short title; defining term;
establishing the Family Representation and Advocacy
Program within the Administrative Office of the
Courts; stating purpose of Program; requiri ng certain
request for proposals; requiring submission of bids
pursuant to the Oklahoma Central Purchasing Act;
establishing duties and responsibilities of Program;
requiring employment of executive director;
establishing qualifications for executive direc tor;
establishing duties of executive director; providing
authority for Program to enter into certain
contracts; establishing qualifications for counsel
providing services to the Program; requiring
equitable service through judicial districts;
requiring adequate compensation for counsel and
interdisciplinary contractors; authorizing c ertain
annual review; authorizing creation of advisory board
for certain purposes; creating the Family
Representation and Advocacy P rogram Revolving Fund;
stating purpose of Fu nd; directing disbursement of
funds; authorizing certain administrative fee;
requiring maintenance of certain boo ks and records;
authorizing certain annual audits; authorizing use of
percentage of funds for staff and operations;
requiring certain annual re port; providing for
codification; and providing an effective date.
ENR. S. B. NO. 19x Page 2
SUBJECT: Legal representation for children and parents
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 801 of Title 10, unless there is
created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the “Family
Representation and Advocacy Act”.
B. As used in this act, “eligible organization” means an entity
that:
1. Is organized as a not-for-profit corporation that is tax
exempt pursuant to the provisions of paragraph (3) of subsection (c)
of Section 501 of the United States Internal Rev enue Code of 1986,
as amended;
2. Has as its primary purpose the furnishing of legal
assistance to eligible clients in civil matters;
3. Renders legal services to eligible clients in pre- and post-
petition deprived child proceedings; and
4. Is incorporated pursuant to any applicable laws in this
state.
C. There is hereby created within the Administrative Office of
the Courts the Family Representation and Advocacy Program. The
purpose of the Family Representation and Advocacy Program shall be
to ensure uniform and high quality legal representation for children
and indigent parents, legal guardians, and Indian custodians in
deprived child actions broug ht by the state pursuant to the
provisions of Section 1–1–101 et seq. of Title 10A of the Oklahoma
Statutes.
D. From funds appropriated or otherwise available for the
purpose of implementing the Family Representation and Advocacy Act,
the Administrative O ffice of the Court shall issue a request for
proposals and contract with an eligible organization to admi nister
the Family Representation and Advocacy Program through the
ENR. S. B. NO. 19x Page 3
establishment of a c entral office for the state. The contract shall
be the result of the request for proposals issued by the
Administrative Office of the Courts and submission of competitiv e
bids by eligible orga nizations pursuant to the Oklahoma Central
Purchasing Act.
E. Through the activities of the central office, the Family
Representation and Advocacy Program shall work cooperatively
statewide with judicial districts and attorneys by c ontracting with,
training, compensating, and supporting legal counsel for the
children, indigent parents, legal guardians, and Indian custodians
appointed by the court pursuant to Section 1-4-306 of Title 10A of
the Oklahoma Statutes. The Family Represent ation and Advocacy
Program shall have the responsibility to ensure that all parents,
legal guardians, and Indian custodians who are entitled to court -
appointed counsel and all children are appointed counsel who have
the training, support, and access to res ources to provide uni form
and high quality legal representation. The central office s hall not
provide direct legal representation to clients except in selected
appeals. Nothing in this subsection shall preclude the appointment
of a guardian ad litem pursuant to Section 1-8-108 of Title 10A of
the Oklahoma Statutes.
F. An executive director for the Family Representation and
Advocacy Program shall be employed by the eligi ble organization and
approved by the Administrative Office of the Courts or any board
established pursuant to subsection K of this section . The executive
director shall have at least ten (10) years of experience as a
licensed attorney prior to appointment, be licensed to practice law
in this state at the time of appointment and be familiar with the
unique demands of representing children, parents, legal guardians,
Indian custodians in deprived child cases in this state. The
executive director shall serve full time and shall not engage in
private practice of law outside of the Program. The executive
director shall hire all staff including employees of the central
office, contract attorneys or other legal providers eligible for
appointment pursuant to Section 1-4-306 of Title 10A of the Oklahoma
Statutes, and interdisciplinary contractors required to implement
the Family Representation and A dvocacy Act. The executive directo r
shall submit budget requests and shall report quarterly to t he
Administrative Office of the Courts or any board established
pursuant to subsection K of this section .
ENR. S. B. NO. 19x Page 4
G. The Family Representation and Advocacy Program shall have
authority to contract with any type of legal entity including but
not limited to law firms, legal services programs, Office of Public
Defender, law school clinics, and individual attorneys as nee ded.
The Program shall have authority to contract with and compensate
social workers, parent and youth advocates, and peer mentors to
provide interdisciplinary assistance to the attorneys representing
children, indigent parents, legal guardians, Indian cu stodians in
the deprived child proceedings. The existing Offices of Public
Defender shall continue to provide representation for children in
deprived child proceedings and continue to be funded as set forth in
Section 138.4 of Title 19 of the Oklahoma Sta tutes. The Offices of
the Public Defender may elect to contract with the Family
Representation and Advocacy Program for additional funds to provide
additional staff and resources in the representation of the
children.
H. The Family Representation and Adv ocacy Program shall ensure
that all counsel are members of the Oklahoma Bar Association in good
standing and are adequately trained. The Program shall provide
uniform and high quality training in collaboration with the State of
Oklahoma Children’s Court Improvement Program, the Oklah oma Bar
Association, local bar associations, and other rel evant state and
national organizations to all attorneys who are appointed to
represent children, parents, legal guardians, and Indian custodians
in deprived child procee dings. The Program shall contractually
require and verify that the attorneys providing legal representation
to children, indigent parents, legal guardians, an d Indian
custodians comply with the Oklahoma Standards of Practice for
Attorneys Representing Parents in Deprived Child Proceedings, the
Oklahoma Standards of Practice for Attorneys Representing Children
in Deprived Child Proceedings, and caseload limits a s developed and
approved by the Uniform Representation of Children and Parents in
Cases Involving Abuse and Neglect Oversight Committee create d by the
Oklahoma Supreme Court. The Family Representation and Advocacy
Program shall ensure that all interdiscip linary contractors are
provided with uniform and evidence-based training, resources, and
support.
I. The Family Representation and Advocacy P rogram shall ensure
that all areas of the state are equitably served and, based on the
ENR. S. B. NO. 19x Page 5
appropriations available, s hall prioritize judicial districts where
attorneys are unavailable for court appointments or are minimally
compensated. The Program shall determine where additional attorneys
are needed within the state’s judicial districts and shall develop
additional resources.
J. The Family Representation and Advocacy Program shall ensure
that counsel and interdi sciplinary contractors are adequately
compensated based on available appropriations and other funding
received and are provided access to resources in order to deliver
high quality legal representation. The Program is authorized to
annually review the per formance of the attorneys, interdisciplinary
contractors, and entities with which the eligible organization
contracts, with the goal of helping them achieve and maintain high-
quality performance. The Program shall ensure that review measures
preserve client confidentiality and avoid conflicts of int erest.
K. The Oklahoma Supreme Court may direct the Administrative
Office of the Courts to establish an advisory board to exercise
oversight over the Family Representation and Advocacy Program and
the selected eligible organization, and to make recommendations and
take such actions as deemed nece ssary to ensure proper
administration of the Program.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 802 of Title 10, unless there is
created a duplication in numbering, reads as follows:
A. There is hereby created in the State Treasury a revolving
fund for the Administrative Office of the Courts to be designated
the “Family Representation and Advocacy Program Revolving Fund”.
The fund shall be a continu ing fund, not subject to fiscal yea r
limitations, and shall consist of all monies received by the
Administrative Office of the Courts for child and indigent parent,
legal guardian, and Indian c ustodian legal and interdisciplinary
representation services to be provided by the Family Represen tation
and Advocacy Program. The revolving fund shall include funds
appropriated to the fund, federal funds, gifts, donations, and
grants. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Admin istrative
Office of the Courts for the purpose of administering the Fami ly
Representation and Advocacy Program and for the provision of legal
ENR. S. B. NO. 19x Page 6
and interdisciplinary services to indigent parents and children by
and through the Family Representation and Advoc acy Program. By
January 31, 2024, and by January 31 of each year therea fter, the
Administrative Office of the Courts shall disburse funds from the
Family Representation and Advocacy Program Revolving Fund to the
contracted eligible organization.
B. The Administrative Office of the Courts shall allocate and
expend funds from the Family Representation and Advocacy Program
Revolving Fund to provide for the neces sary operating costs of the
Family Representation and Advocacy Program including court-appointed
legal and interdisciplinary representation to children, indigent
parents, legal guardians, or Indian custodians in proceedings
governed by the Oklahoma Childre n’s Code, to the extent that funds
are available from the Famil y Representation and Advocacy Progr am
Revolving Fund. The Administrative Office of the Courts shall
allocate and expend these funds pursuant to the contract with the
eligible organization. The Administrative Office of the Courts may
charge an administrat ive fee as provided in Subsection D of this
Section for administering the contract.
C. The eligible organization that contracts to operate and
manage the Family Representation and Advocacy Pro gram to provide
legal and interdisciplinary services shall main tain books and
records in accordanc e with generally accepted accounting principles.
The books and records shall account for the receipt and expenditure
of all funds paid pursuant to contract. Books and records shall be
maintained for a period of five (5) years from the close of the
fiscal year of the contract period. The State Auditor and Inspector
may audit each organization annually. The necessary expense of each
audit including but not limited to the cost of typing, printing, and
binding shall be paid from funds of the organization.
D. The Administrative Office of the Courts may use up to two
and one-half percent (2.5%) of the funds deposited in the Family
Representation and Advocacy Prog ram Revolving Fund in any given
fiscal year to provide financia l support staff, financial data ent ry
staff and facilities, and operating assistance for the Family
Representation Program Advisory Board.
E. An annual report issued by the Administrative Offi ce of the
Courts outlining performance measures for the Family Representation
ENR. S. B. NO. 19x Page 7
and Advocacy Program and recommendations for ongoing appropriations
shall be transmitted to the Governor, the President Pro Tempore of
the Oklahoma Senate and the Speaker of the House of Representatives
no later than December 31 of each year .
SECTION 3. This act shall become effective November 1, 2023.
ENR. S. B. NO. 19x Page 8
Passed the Senate the 24th day of May, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 26th day of May, 2023.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNO R
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __