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SENATE FLOOR VERSION
April 4, 2023
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 1017 By: Lawson, Munson, and Ranson
of the House
and
Rosino of the Senate
[ children - Family Representation and Advocacy Act -
Family Representation and Advocacy Program -
Administrative Office of the Courts - executive
director - training for contractors - Family
Representation and Advocacy Program Revolving Fund -
annual audit - annual report – codification -
effective date ]
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)
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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 Administra tive 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, an d Indian custodians in
deprived child actions brought 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 Re presentation and Advocacy Act ,
the Administrative Office 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
establishment of a central 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
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bids by eligible orga nizations pursuant to the Oklahoma Central
Purchasing Act.
E. Through the activities of the central offic e, 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 In dian 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 a re 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 shall not
provide direct legal representatio n 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 th e 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 lice nsed to practice law
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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 director
shall submit budget requests and shall report quarterly to the
Administrative Office of the Courts or any board established
pursuant to subsection K of this section .
G. The Family Representation and Advocacy Program shall have
authority to contract with any type of l egal 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 t o provide representation fo r children in
deprived child proceedings and continue to be funded as set forth in
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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 A dvocacy Program for addition al 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 train ed. 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 relevant s tate and
national organizations to a ll 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 represe ntation
to children, indigent parents, legal guardians, and 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 as 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 Representat ion and Advocacy
Program shall ensure that all interdisciplinary contractors ar e
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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 equi tably served and, based on th e
appropriations available, shall 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 an d 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 ac cess 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 organi zation
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 Adm inistrative
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
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take such actions as deemed necessary to ensur e proper
administration of th e 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 Tr easury 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 year
limitations, and shall consist of all mon ies 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 Representation
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 Administrative
Office of the Courts for the purp ose of administering the Family
Representation and Advocacy Program and for the provision of legal
and interdisciplinary services to indigent parents and children by
and through the Family Representation and Advocacy Progra m. By
January 31, 2024, and by J anuary 31 of each year thereafter, the
Administrative Office of the Courts shall disburse funds from the
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Family Representation and Advocacy Program Revolving Fund to the
contracted eligible organization.
B. The Administrative Office of the Courts shall al locate 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 t o 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 Program
Revolving Fund. The Administrative Offi ce 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 cont ract.
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 accordance with gen erally accepted accounting princi ples.
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
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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 entry
staff and facilities, and operating assi stance 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
and Advocacy Program and recom mendations for ongoing appropriat ions
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.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
April 4, 2023 - DO PASS AS AMENDED BY CS