Oklahoma 2023 Regular Session

Oklahoma House Bill HB1017 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SENATE FLOOR VERSION - HB1017 SFLR Page 1
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29		-	SENATE FLOOR VERSION
30		-	April 4, 2023
	28	+	STATE OF OKLAHOMA
31	29
	30	+	1st Session of the 59th Legislature (2023)
32	31
33	32		COMMITTEE SUBSTITUTE
34	33		FOR ENGROSSED
35		-	HOUSE BILL ~~NO.~~ 1017 By: Lawson, Munson, and Ranson
	34	+	HOUSE BILL 1017 By: Lawson, Munson, and Ranson
36	35		of the House
37	36
38	37		and
39	38
40	39		Rosino of the Senate
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	43	+
	44	+	COMMITTEE SUBSTITUTE
44	45
45	46		[ children - Family Representation and Advocacy Act -
46	47		Family Representation and Advocacy Program -
47	48		Administrative Office of the Courts - executive
48	49		director - training for contractors - Family
49	50		Representation and Advocacy Program Revolving Fund -
50	51		annual audit - annual report – codification -
51	52		effective date ]
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57	58		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
58	59		SECTION 1. NEW LAW A new section of law to be codified
59	60		in the Oklahoma Statutes as Section 801 of Title 10, unless there is
60	61		created a duplication in numbering, reads as follows:
61	62		A. This act shall be known and ma y be cited as the “Family
62	63		Representation and Advocacy Act”.
63	64		B. As used in this act, “eligible organization” means an entity
64	65		that:
65		-	1. Is organized as a not-for-profit corporation that is tax
66		-	exempt pursuant to the provisions of paragraph (3) of subsection (c)
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	92	+	1. Is organized as a not-for-profit corporation that is tax
	93	+	exempt pursuant to the provisions of paragraph (3) of subsection (c)
94	94		of Section 501 of the United States Internal Rev enue Code of 1986,
95	95		as amended;
96	96		2. Has as its primary purpose the furnishing of legal
97	97		assistance to eligible clients in civil matters;
98	98		3. Renders legal services to eligible clients in pre - and post-
99	99		petition deprived child proceedings; and
100	100		4. Is incorporated pursuant to any applicable laws in this
101	101		state.
102	102		C. There is hereby created within the Administra tive Office of
103	103		the Courts the Family Representation and Advocacy Program. The
104	104		purpose of the Family R epresentation and Advocacy Program shall be
105	105		to ensure uniform and high quality legal representation for children
106	106		and indigent parents, legal guardians, an d Indian custodians in
107	107		deprived child actions brought by the state pursuant to the
108	108		provisions of Section 1–1–101 et seq. of Title 10A of the Oklahoma
109	109		Statutes.
110	110		D. From funds appropriated or otherwise available for the
111	111		purpose of implementing the Family Re presentation and Advocacy Act ,
112	112		the Administrative Office of the Court shall issue a request for
113	113		proposals and contract with an eligible organization to admi nister
114	114		the Family Representation and Advocacy Program through the
115	115		establishment of a central office for the state. The contract shall
116		-	be the result of the request for proposals issued by the
117		-	Administrative Office of the Courts and submission of competitiv e
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	142	+	be the result of the request for proposals issued by the
	143	+	Administrative Office of the Courts and submission of competitiv e
145	144		bids by eligible orga nizations pursuant to the Oklahoma Central
146	145		Purchasing Act.
147	146		E. Through the activities of the central offic e, the Family
148	147		Representation and Advocacy Program shall work cooperatively
149	148		statewide with judicial districts and attorneys by c ontracting with,
150	149		training, compensating, and supporting legal counsel for the
151	150		children, indigent parents, legal guardians, and In dian custodians
152	151		appointed by the court pursuant to Section 1 -4-306 of Title 10A of
153	152		the Oklahoma Statutes. The Family Represent ation and Advocacy
154	153		Program shall have the responsibility to ensure that all parents,
155	154		legal guardians, and Indian custodians who a re entitled to court-
156	155		appointed counsel and all children are appointed cou nsel who have
157	156		the training, support, and access to res ources to provide uni form
158	157		and high quality legal representation. The central office shall not
159	158		provide direct legal representatio n to clients except in selected
160	159		appeals. Nothing in this subsection shall preclude the appointment
161	160		of a guardian ad litem pursuant to Section 1-8-108 of Title 10A of
162	161		the Oklahoma Statutes.
163	162		F. An executive director for th e Family Representation and
164	163		Advocacy Program shall be employed by the eligi ble organization and
165	164		approved by the Administrative Office of the Courts or any board
166	165		established pursuant to subsection K of this section . The executive
167		-	director shall have at least ten (10) years of experience as a
168		-	licensed attorney prior to appointment, be lice nsed to practice law
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	192	+	director shall have at least ten (10) years of experience as a
	193	+	licensed attorney prior to appointment, be licensed to practice law
196	194		in this state at the time of appointment and be familiar with the
197	195		unique demands of representing children, parents, legal guardians,
198	196		Indian custodians in deprived child cases in this state. The
199	197		executive director shall serve full time and shall not engage i n
200	198		private practice of law outside of the Program. The executive
201	199		director shall hire all staff including employees of the central
202	200		office, contract attorneys or other legal providers eligible for
203	201		appointment pursuant to Section 1-4-306 of Title 10A of the O klahoma
204	202		Statutes, and interdisciplinary contractors required to implement
205	203		the Family Representation and A dvocacy Act. The executive director
206	204		shall submit budget requests and shall report quarterly to the
207	205		Administrative Office of the Courts or any board est ablished
208	206		pursuant to subsection K of this section .
209	207		G. The Family Representation and Advocacy Program shall have
210	208		authority to contract with any type of l egal entity including but
211	209		not limited to law firms, legal services programs, Office of Public
212	210		Defender, law school clinics, and individual attorneys as nee ded.
213	211		The Program shall have authority to contract with and compensate
214	212		social workers, parent and youth advocates, and peer mentors to
215	213		provide interdisciplinary assistance to the attorneys representing
216	214		children, indigent parents, legal guardians, Indian cu stodians in
217	215		the deprived child proceedings. The existing Offices of Public
218		-	Defender shall continue t o provide representation fo r children in
219		-	deprived child proceedings and continue to be funded as set forth in
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	242	+	Defender shall continue t o provide representation fo r children in
	243	+	deprived child proceedings and continue to be funded as set forth in
247	244		Section 138.4 of Title 19 of the Oklahoma Sta tutes. The Offices of
248	245		the Public Defender may elect to contract with the Family
249	246		Representation and A dvocacy Program for addition al funds to provide
250	247		additional staff and resources in the representation of the
251	248		children.
252	249		H. The Family Representation and Adv ocacy Program shall ensure
253	250		that all counsel are members of the Oklahoma Bar Association in good
254	251		standing and are adequately train ed. The Program shall provide
255	252		uniform and high quality training in colla boration with the State of
256	253		Oklahoma Children’s Court Improvement Program, the Oklah oma Bar
257	254		Association, local bar associations, and other relevant s tate and
258	255		national organizations to a ll attorneys who are appointed to
259	256		represent children, parents, legal gua rdians, and Indian custodians
260	257		in deprived child procee dings. The Program shall contractually
261	258		require and verify that the attorneys providing legal represe ntation
262	259		to children, indigent parents, legal guardians, and Indian
263	260		custodians comply with the Oklahoma Standards of Practice for
264	261		Attorneys Representing Parents in Deprived Child Proceedings, the
265	262		Oklahoma Standards of Practice for Attorneys Representing Children
266	263		in Deprived Child Proceedings, and caseload limits as developed and
267	264		approved by the Uniform Representation of Children and Parents in
268	265		Cases Involving Abuse and Neglect Oversight Committee create d by the
269		-	Oklahoma Supreme Court. The Family Representat ion and Advocacy
270		-	Program shall ensure that all interdisciplinary contractors ar e
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	292	+	Oklahoma Supreme Court. The Family Representat ion and Advocacy
	293	+	Program shall ensure that all interdisciplinary contractors are
298	294		provided with uniform and evidence-based training, resources, and
299	295		support.
300	296		I. The Family Representation and Advocacy P rogram shall ensure
301	297		that all areas of the state are equi tably served and, based on th e
302	298		appropriations available, shall prioritize judicial districts where
303	299		attorneys are unavailable for court appointments or are minimally
304	300		compensated. The Program shall determine where additional attorneys
305	301		are needed within the state’s judicial districts an d shall develop
306	302		additional resources.
307	303		J. The Family Representation and Advocacy Program shall ensure
308	304		that counsel and interdi sciplinary contractors are adequately
309	305		compensated based on available appropriations and other funding
310	306		received and are provided ac cess to resources in order to deliver
311	307		high quality legal representation. The Program is authorized to
312	308		annually review the per formance of the attorneys, interdisciplinary
313	309		contractors, and entities with which the eligible organi zation
314	310		contracts, with the goal of helping them achieve and maintain high-
315	311		quality performance. The Program shall ensure that review measures
316	312		preserve client confidentiality and avoid conflicts of int erest.
317	313		K. The Oklahoma Supreme Court may direct the Adm inistrative
318	314		Office of the Courts to establish an advisory board to exercise
319	315		oversight over the Fami ly Representation and Advocacy Program and
320		-	the selected eligible organization, and to make recommendations and
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	342	+	the selected eligible organization, and to make recommendations and
348	343		take such actions as deemed necessary to ensur e proper
349	344		administration of th e Program.
350	345		SECTION 2. NEW LAW A new sect ion of law to be codified
351	346		in the Oklahoma Statutes as Section 802 of Title 10, unless there is
352	347		created a duplication in numbering, reads as follows:
353	348		A. There is hereby created in the State Tr easury a revolving
354	349		fund for the Administrative Office of the Cou rts to be designated
355	350		the “Family Representation and Advocacy Program Revolving Fund”.
356	351		The fund shall be a continu ing fund, not subject to fiscal year
357	352		limitations, and shall consist of all mon ies received by the
358	353		Administrative Office of the Courts for child and indigent parent,
359	354		legal guardian, and Indian c ustodian legal and interdisciplinary
360	355		representation services to be provided by the Family Representation
361	356		and Advocacy Program. The revolving fund shall include funds
362	357		appropriated to the fund, federal fund s, gifts, donations, and
363	358		grants. All monies accruing to the credit of the fund are hereby
364	359		appropriated and may be budgeted and expended by the Administrative
365	360		Office of the Courts for the purp ose of administering the Family
366	361		Representation and Advocacy Prog ram and for the provision of legal
367	362		and interdisciplinary services to indigent parents and children by
368	363		and through the Family Representation and Advocacy Progra m. By
369	364		January 31, 2024, and by J anuary 31 of each year thereafter, the
370	365		Administrative Office of the Courts shall disburse funds from the
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398	392		Family Representation and Advocacy Program Revolving Fund to the
399	393		contracted eligible organization.
400	394		B. The Administrative Office of the Courts shall al locate and
401	395		expend funds from the Family Representation and Advoc acy Program
402	396		Revolving Fund to provide for the neces sary operating costs of the
403	397		Family Representation and Advocacy Program including court-appointed
404	398		legal and interdisciplinary representation t o children, indigent
405	399		parents, legal guardians, or Indian custodi ans in proceedings
406	400		governed by the Oklahoma Childre n’s Code, to the extent that funds
407	401		are available from the Famil y Representation and Advocacy Program
408	402		Revolving Fund. The Administrative Offi ce of the Courts shall
409	403		allocate and expend these funds pursuant to the contract with the
410	404		eligible organization. The Administrative Office of the Courts may
411	405		charge an administrat ive fee as provided in subsection D of this
412	406		section for administering the cont ract.
413	407		C. The eligible organization that contracts to operate an d
414	408		manage the Family Representation and Advocacy Pro gram to provide
415	409		legal and interdisciplinary services shall main tain books and
416	410		records in accordance with gen erally accepted accounting princi ples.
417	411		The books and records shall account for the receipt and e xpenditure
418	412		of all funds paid pursuant to contract. Books and records shall be
419	413		maintained for a period of five (5) years from the close of the
420	414		fiscal year of the contract period. The State Auditor and Inspector
421	415		may audit each organization annually. The necessary expense of each
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449	442		audit including but not limited to the cost of typing, printing, and
450	443		binding shall be paid from funds of the organization.
451	444		D. The Administrative Office of the Courts may use up to two
452	445		and one-half percent (2.5%) of the funds depos ited in the Family
453	446		Representation and Advocacy Prog ram Revolving Fund in any given
454	447		fiscal year to provide financia l support staff, financial data entry
455	448		staff and facilities, and operating assi stance for the Family
456	449		Representation Program Advisory Board.
457	450		E. An annual report issued by the Administrative Offi ce of the
458	451		Courts outlining performance measures for the Family Representation
459	452		and Advocacy Program and recom mendations for ongoing appropriat ions
460	453		shall be transmitted to the Governor, the President Pro Tempore of
461	454		the Oklahoma Senate and the Speaker of the House of Representatives
462	455		no later than December 31 of each year .
463	456		SECTION 3. This act shall become effective November 1, 2023.
464		-	~~COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY~~
465		-	~~April~~ 4, 2023 ~~- DO PASS AS AMENDED BY CS~~
	457	+
	458	+	59-1-2062 TEK 4/4/2023 4:02:17 PM