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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1034 By: Lawson
AS INTRODUCED
An Act relating to children; amending 10A O.S. 2021,
Section 2-7-306, which relates to Youth Services
Agencies; providing which office ma y ask for certain
funds; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 2 -7-306, is
amended to read as follows:
Section 2-7-306. A. Funds specifically appropriated to the
Office of Juvenile Affairs for designated Youth Services Agency
programs for both the Office of Juvenile Affairs and the Department
of Human Services or funds allocated by the Department of Human
Services for designated Youth Services programs and provided to the
Office of Juvenile Affairs by interagency agreement shall be made
available through contracts negotiated by the Office of Juvenile
Affairs to organizations designated by the Board of Juvenile Af fairs
as "Youth Services Agencies ". All core community -based programs and
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services to be performed by a Youth Services Ag ency during a
contract period shall be included in one contract or contract
extension for that period. Designations of Youth Services Agencies
by the Board shall be granted based on community needs, as indicated
in the State Plan for Youth Services Agenci es which shall be adopted
by rule by the Board. The State Plan for Youth Services Agencies
shall be adopted in accordance with criter ia approved by the Board
of Juvenile Affairs after full consideration of any recommendations
of the Department of Human Se rvices and the Oklahoma Association of
Youth Services. The criteria and plan adopted by the Board shall
designate community-based Youth Services Agency Service Areas that
will serve as the primary catchment area for each Youth Services
Agency. Until the criteria is established by the Board, the
criteria established by the Commission for Human Services shall
remain in effect. The crite ria for designation of Youth Services
Agencies shall include but shall not be limited to:
1. Capability to deliver all or part of the compensable
services enumerated in Section 2 -7-303 of this title, if the Youth
Services Agency is to provide such service s;
2. Capability to deliver all or part of the compensable
children's services that the Department of Human Services is
authorized to provide for by contract with a private agency, if the
Youth Services Agency is to provide such services;
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3. Adequate and qualified staff who are available as needed,
within a reasonable time after being contacted for services in each
county served by the agency;
4. Adequate services in the Youth Services Agency Area served
by the agency;
5. Financial viability;
6. A documented need for the local services to be offered as
determined by a local needs assessment for the Youth Services Agency
Service Area that shall be reviewed and approved or modified by the
Board and included in the State Plan for Youth Services Agencies;
and
7. Any negative impact on the ability to provide services or
the financial viability of an existing Youth Services Age ncy.
As used in this section, "financial viability" means the ability
of a Youth Services Agency to continue to achieve its operating
objectives and fulfill its mission over the long term. When
determining the financial viability of a Youth Services Agenc y, the
Office of Juvenile Affairs shall develop an analysis that takes into
consideration the three (3) previous fiscal years ' financial audits,
if available; the previous fiscal year program audits, if available;
the current fiscal year financial position ; and one-year future
revenue and expenditure projection.
B. The criteria for designation of Youth Services Agencies also
may include:
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1. Successful completion of an initial peer review by the
Oklahoma Association of Youth Services or another Oklahoma no nprofit
corporation whose membership consists solely of Youth Services
Agencies and of whom at least a majority of Youth Services Agen cies
are members; and
2. Such other criteria as the Board of Juvenile Affairs
determines appropriate.
C. Each Youth Services Agency receiving, by grant or contract
from the Department of Human Services on June 30, 1995, state funds
specifically appropria ted for community-based youth services
programs, is hereby automatically designated a "Youth Services
Agency".
D. The Board of Juvenile Affairs, on recommendation of the
Office of Juvenile Affairs, may terminate the designation of a Youth
Services Agency that:
1. Is seriously deficient in the administration of its program;
2. Loses financial viability; or
3. Fails to successfully complete the annual peer review
process by the Oklahoma Association of Youth Services or another
Oklahoma nonprofit corporati on whose membership consists solely of
Youth Services Agencies and of whom at least a majority of Youth
Services Agencies are members.
Before the Board of Juvenile Affairs terminates the designation
of a Youth Services Agency, the Office of Juvenile Affair s shall
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complete a report documenting its reasons for the termination. The
report shall be submitted to the Board for rev iew. The report shall
contain an analysis of the program administration, financial
viability and most recent peer review report of th e Youth Services
Agency. The Office of Juvenile Affairs shall also develop a plan to
ensure that services provided by the Youth Services Agency whose
designation is being terminated shall continue to be provided by
another Youth Services Agency or agencie s. In developing the plan,
the Office of Juvenile Affairs shall give full consideration to any
recommendations of the Okl ahoma Association of Youth Services. The
plan shall be submitted to the Board as part of the report
documenting the reasons for termi nation of the Youth Services Agency
by the Office of Juvenile Affairs.
Any applicant organization denied designation as a Youth
Services Agency or any Youth Services Agency whose designation as a
Youth Services Agency is being terminated, is entitled to an
individual proceeding as provided in Article II of the
Administrative Procedures Act.
E. No Youth Services Agency shall be eligible to receive
funding until the beginning of the fiscal year after it receives its
designation as a Youth Services Agency unl ess it is replacing a
Youth Services Agency whose designation has been terminated. No
Youth Services Agency shall receive funding for the first time if
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such funding will result in lowering the contract amount from the
previous fiscal year for any existing Youth Services Agency.
F. The Office of Juvenile Affairs shall be the sole
administrator of Youth Services Agency contra cts. Any contracting
procedure shall include a procedure for converting all contracts to
a system of payment which will be structured in a manner that will
allow for the receipt of all available federal funds. Provided, the
Office of Juvenile Affairs sha ll make no requirement that would
require a juvenile to be inappropriately diagnosed for the purpose
of receiving federal reimbursemen t for services.
G. The Office of Juvenile Affairs and the Department of Human
Services shall enter into a cooperative agr eement that establishes
procedures to ensure the continuation of services provided for in
paragraph 2 of subsection A of this section by Youth Services
Agencies. The Office of Juvenile Affairs shall consult with the
Department of Human Services when asses sing the capability of a
Youth Services Agency to deliver services pursuant to paragraph 2 of
subsection A of this section.
H. Funds for the support of Youth Services Agencies shall be
authorized by the Office of Juvenile Affairs only on the basis of
cost reimbursement performance contracts or fee -for-service
contracts as requested by the youth services agency . If a Youth
Services Agency provides some services on a fee -for-services basis
and some services on a cost reimbursement basis, no cost which has
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been included as part of the rate for services provided on a fee-
for-service basis shall be reimbursable under the cost reimbursement
portion of the contract. Fees charged for annual peer reviews shall
be reimbursable.
I. The Board may establish a fixed a nd uniform rate for any
community-based prevention service, including services to
individuals, groups, and community relations directe d toward the
larger community, so long as the segment of the larger community or
target audience of persons to benefit is identified and the specific
prevention activities to be per formed are described in the rate.
J. Contracts for the support of, or for services by, Youth
Services Agencies shall be negotiated in the following manner:
1. The local board of the Youth Service s Agency, based upon its
knowledge and assessment of the ne eds of the community, shall
prepare and present to the Office of Juvenile A ffairs a proposal to
provide community-based services to juveniles and families in the
youth services service area in whic h it is located. The proposal
shall be specific in terms o f its program objectives and goals and
the services the Youth Services Agen cy proposes to render;
2. Upon receipt of the proposal of the Youth Services Agency,
the Office of Juvenile Affairs shall determine if the proposal meets
the criteria adopted by th e Board of Juvenile Affairs in the State
Plan for Youth Services Agencies a nd, within the resources
available, meets the need for community -based services in the youth
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services service area. If no State Plan for Youth Services exists,
the proposal shall b e deemed to meet the need for community -based
services in the youth service s area;
3. Contracts shall require performance of a specific service or
services to be performed. Where the services can not be broken down
into units, specifically measurable and reviewable services shall be
stated. Contracts may contain requirements of performance based
upon measurable quality outcome indicators. Documentation required
for monitoring and evaluation of th e contract shall be consistent
with the terms of the contra ct, shall be in accordance with
generally accepted governmental accounting practices, and so far as
possible, sufficient for the Office of Juvenile Affairs to monitor
the performance of the contrac t without being overly burdensome to
the Youth Services Age ncy. The documentation to be required is the
proper subject of negotiation as part of the contracts, and the
parties may rely on the Office of Management and Enterprise Services
for assistance if they are unable to reach agreement;
4. The Office of Juven ile Affairs and the Youth Services Agency
shall negotiate the final terms a nd enter into the contract. Youth
Services Agencies may authorize the Oklahoma Association of Youth
Services or another O klahoma nonprofit corporation, whose membership
consists solely of Youth Services Agencies and of whom at least a
majority of Youth Se rvices Agencies are members, to negotiate on
their behalf; and
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5. The Office of Juvenile Affairs and a Youth Services Age ncy
may agree to extend their fiscal year 2006 contracts fo r a period
not to exceed one (1) year in order to implement the provisions of
this subsection. The amount of money in the contracts may be
amended to reflect any change in the money appropriated f or fiscal
year 2007 for community -based service agencies.
K. Contracts with Youth Services Agencies for community -based
services shall be for a period of twelve (12) months, beginning at
the first of each fiscal year, and renewable on an annual basis.
Contracts shall be considered during the third and fourth qua rter of
the fiscal year for contracting the following year. Consideration
for renewal shall include a review of the performance of the current
contract including the annual peer review. If the Of fice of
Juvenile Affairs determines the contractual relatio nship shall be
renewed, it shall be in a new contract for the upcoming fisc al year
and may or may not contain the same terms, conditions, form and
format as the previous contract. Any change from the contract of
the previous year that is proposed by the Y outh Services Agency or
the Office of Juvenile Affairs shall be the subject of negotiation
at the request of either party.
L. The Oklahoma Association of Youth Services, or another
Oklahoma nonprofit corporation whose membership consists solely of
Youth Services Agencies and of whom at least a majority of Youth
Services Agencies are members may provide technical assistance to
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the Youth Services Agencies in the preparation and presentation of
their proposals or negotiations as requested by a Youth Services
Agency.
M. The Office of Juvenile Affairs is authorized to contract
with the Oklahoma Association of Youth Services or another Oklahoma
nonprofit corporation whose membership consists solely of Yo uth
Services Agencies and of whom at least a majority of Yo uth Services
Agencies are members for evaluation, training and program mate rials
and for statewide office support, including rental of office space
and general technical assistance for Youth Servic es Agencies with
which the Office of Juvenile Affairs has c ontracts.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5236 CMA 12/28/22