OK
Oklahoma House Bill HB1034

Oklahoma 2023 Regular Session

Oklahoma House Bill HB1034 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 59th Legislature (2023)
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3232 HOUSE BILL 1034 By: Lawson
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3838 AS INTRODUCED
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4040 An Act relating to children; amending 10A O.S. 2021,
4141 Section 2-7-306, which relates to Youth Services
4242 Agencies; providing which office ma y ask for certain
4343 funds; and providing an effective date .
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5252 BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
5353 SECTION 1. AMENDATORY 10A O.S. 2021, Section 2 -7-306, is
5454 amended to read as follows:
5555 Section 2-7-306. A. Funds specifically appropriated to the
5656 Office of Juvenile Affairs for designated Youth Services Agency
5757 programs for both the Office of Juvenile Affairs and the Department
5858 of Human Services or funds allocated by the Department of Human
5959 Services for designated Youth Services programs and provided to the
6060 Office of Juvenile Affairs by interagency agreement shall be made
6161 available through contracts negotiated by the Office of Juvenile
6262 Affairs to organizations designated by the Board of Juvenile Af fairs
6363 as "Youth Services Agencies ". All core community -based programs and
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9090 services to be performed by a Youth Services Ag ency during a
9191 contract period shall be included in one contract or contract
9292 extension for that period. Designations of Youth Services Agencies
9393 by the Board shall be granted based on community needs, as indicated
9494 in the State Plan for Youth Services Agenci es which shall be adopted
9595 by rule by the Board. The State Plan for Youth Services Agencies
9696 shall be adopted in accordance with criter ia approved by the Board
9797 of Juvenile Affairs after full consideration of any recommendations
9898 of the Department of Human Se rvices and the Oklahoma Association of
9999 Youth Services. The criteria and plan adopted by the Board shall
100100 designate community-based Youth Services Agency Service Areas that
101101 will serve as the primary catchment area for each Youth Services
102102 Agency. Until the criteria is established by the Board, the
103103 criteria established by the Commission for Human Services shall
104104 remain in effect. The crite ria for designation of Youth Services
105105 Agencies shall include but shall not be limited to:
106106 1. Capability to deliver all or part of the compensable
107107 services enumerated in Section 2 -7-303 of this title, if the Youth
108108 Services Agency is to provide such service s;
109109 2. Capability to deliver all or part of the compensable
110110 children's services that the Department of Human Services is
111111 authorized to provide for by contract with a private agency, if the
112112 Youth Services Agency is to provide such services;
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139139 3. Adequate and qualified staff who are available as needed,
140140 within a reasonable time after being contacted for services in each
141141 county served by the agency;
142142 4. Adequate services in the Youth Services Agency Area served
143143 by the agency;
144144 5. Financial viability;
145145 6. A documented need for the local services to be offered as
146146 determined by a local needs assessment for the Youth Services Agency
147147 Service Area that shall be reviewed and approved or modified by the
148148 Board and included in the State Plan for Youth Services Agencies;
149149 and
150150 7. Any negative impact on the ability to provide services or
151151 the financial viability of an existing Youth Services Age ncy.
152152 As used in this section, "financial viability" means the ability
153153 of a Youth Services Agency to continue to achieve its operating
154154 objectives and fulfill its mission over the long term. When
155155 determining the financial viability of a Youth Services Agenc y, the
156156 Office of Juvenile Affairs shall develop an analysis that takes into
157157 consideration the three (3) previous fiscal years ' financial audits,
158158 if available; the previous fiscal year program audits, if available;
159159 the current fiscal year financial position ; and one-year future
160160 revenue and expenditure projection.
161161 B. The criteria for designation of Youth Services Agencies also
162162 may include:
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189189 1. Successful completion of an initial peer review by the
190190 Oklahoma Association of Youth Services or another Oklahoma no nprofit
191191 corporation whose membership consists solely of Youth Services
192192 Agencies and of whom at least a majority of Youth Services Agen cies
193193 are members; and
194194 2. Such other criteria as the Board of Juvenile Affairs
195195 determines appropriate.
196196 C. Each Youth Services Agency receiving, by grant or contract
197197 from the Department of Human Services on June 30, 1995, state funds
198198 specifically appropria ted for community-based youth services
199199 programs, is hereby automatically designated a "Youth Services
200200 Agency".
201201 D. The Board of Juvenile Affairs, on recommendation of the
202202 Office of Juvenile Affairs, may terminate the designation of a Youth
203203 Services Agency that:
204204 1. Is seriously deficient in the administration of its program;
205205 2. Loses financial viability; or
206206 3. Fails to successfully complete the annual peer review
207207 process by the Oklahoma Association of Youth Services or another
208208 Oklahoma nonprofit corporati on whose membership consists solely of
209209 Youth Services Agencies and of whom at least a majority of Youth
210210 Services Agencies are members.
211211 Before the Board of Juvenile Affairs terminates the designation
212212 of a Youth Services Agency, the Office of Juvenile Affair s shall
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239239 complete a report documenting its reasons for the termination. The
240240 report shall be submitted to the Board for rev iew. The report shall
241241 contain an analysis of the program administration, financial
242242 viability and most recent peer review report of th e Youth Services
243243 Agency. The Office of Juvenile Affairs shall also develop a plan to
244244 ensure that services provided by the Youth Services Agency whose
245245 designation is being terminated shall continue to be provided by
246246 another Youth Services Agency or agencie s. In developing the plan,
247247 the Office of Juvenile Affairs shall give full consideration to any
248248 recommendations of the Okl ahoma Association of Youth Services. The
249249 plan shall be submitted to the Board as part of the report
250250 documenting the reasons for termi nation of the Youth Services Agency
251251 by the Office of Juvenile Affairs.
252252 Any applicant organization denied designation as a Youth
253253 Services Agency or any Youth Services Agency whose designation as a
254254 Youth Services Agency is being terminated, is entitled to an
255255 individual proceeding as provided in Article II of the
256256 Administrative Procedures Act.
257257 E. No Youth Services Agency shall be eligible to receive
258258 funding until the beginning of the fiscal year after it receives its
259259 designation as a Youth Services Agency unl ess it is replacing a
260260 Youth Services Agency whose designation has been terminated. No
261261 Youth Services Agency shall receive funding for the first time if
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288288 such funding will result in lowering the contract amount from the
289289 previous fiscal year for any existing Youth Services Agency.
290290 F. The Office of Juvenile Affairs shall be the sole
291291 administrator of Youth Services Agency contra cts. Any contracting
292292 procedure shall include a procedure for converting all contracts to
293293 a system of payment which will be structured in a manner that will
294294 allow for the receipt of all available federal funds. Provided, the
295295 Office of Juvenile Affairs sha ll make no requirement that would
296296 require a juvenile to be inappropriately diagnosed for the purpose
297297 of receiving federal reimbursemen t for services.
298298 G. The Office of Juvenile Affairs and the Department of Human
299299 Services shall enter into a cooperative agr eement that establishes
300300 procedures to ensure the continuation of services provided for in
301301 paragraph 2 of subsection A of this section by Youth Services
302302 Agencies. The Office of Juvenile Affairs shall consult with the
303303 Department of Human Services when asses sing the capability of a
304304 Youth Services Agency to deliver services pursuant to paragraph 2 of
305305 subsection A of this section.
306306 H. Funds for the support of Youth Services Agencies shall be
307307 authorized by the Office of Juvenile Affairs only on the basis of
308308 cost reimbursement performance contracts or fee -for-service
309309 contracts as requested by the youth services agency . If a Youth
310310 Services Agency provides some services on a fee -for-services basis
311311 and some services on a cost reimbursement basis, no cost which has
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338338 been included as part of the rate for services provided on a fee-
339339 for-service basis shall be reimbursable under the cost reimbursement
340340 portion of the contract. Fees charged for annual peer reviews shall
341341 be reimbursable.
342342 I. The Board may establish a fixed a nd uniform rate for any
343343 community-based prevention service, including services to
344344 individuals, groups, and community relations directe d toward the
345345 larger community, so long as the segment of the larger community or
346346 target audience of persons to benefit is identified and the specific
347347 prevention activities to be per formed are described in the rate.
348348 J. Contracts for the support of, or for services by, Youth
349349 Services Agencies shall be negotiated in the following manner:
350350 1. The local board of the Youth Service s Agency, based upon its
351351 knowledge and assessment of the ne eds of the community, shall
352352 prepare and present to the Office of Juvenile A ffairs a proposal to
353353 provide community-based services to juveniles and families in the
354354 youth services service area in whic h it is located. The proposal
355355 shall be specific in terms o f its program objectives and goals and
356356 the services the Youth Services Agen cy proposes to render;
357357 2. Upon receipt of the proposal of the Youth Services Agency,
358358 the Office of Juvenile Affairs shall determine if the proposal meets
359359 the criteria adopted by th e Board of Juvenile Affairs in the State
360360 Plan for Youth Services Agencies a nd, within the resources
361361 available, meets the need for community -based services in the youth
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388388 services service area. If no State Plan for Youth Services exists,
389389 the proposal shall b e deemed to meet the need for community -based
390390 services in the youth service s area;
391391 3. Contracts shall require performance of a specific service or
392392 services to be performed. Where the services can not be broken down
393393 into units, specifically measurable and reviewable services shall be
394394 stated. Contracts may contain requirements of performance based
395395 upon measurable quality outcome indicators. Documentation required
396396 for monitoring and evaluation of th e contract shall be consistent
397397 with the terms of the contra ct, shall be in accordance with
398398 generally accepted governmental accounting practices, and so far as
399399 possible, sufficient for the Office of Juvenile Affairs to monitor
400400 the performance of the contrac t without being overly burdensome to
401401 the Youth Services Age ncy. The documentation to be required is the
402402 proper subject of negotiation as part of the contracts, and the
403403 parties may rely on the Office of Management and Enterprise Services
404404 for assistance if they are unable to reach agreement;
405405 4. The Office of Juven ile Affairs and the Youth Services Agency
406406 shall negotiate the final terms a nd enter into the contract. Youth
407407 Services Agencies may authorize the Oklahoma Association of Youth
408408 Services or another O klahoma nonprofit corporation, whose membership
409409 consists solely of Youth Services Agencies and of whom at least a
410410 majority of Youth Se rvices Agencies are members, to negotiate on
411411 their behalf; and
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438438 5. The Office of Juvenile Affairs and a Youth Services Age ncy
439439 may agree to extend their fiscal year 2006 contracts fo r a period
440440 not to exceed one (1) year in order to implement the provisions of
441441 this subsection. The amount of money in the contracts may be
442442 amended to reflect any change in the money appropriated f or fiscal
443443 year 2007 for community -based service agencies.
444444 K. Contracts with Youth Services Agencies for community -based
445445 services shall be for a period of twelve (12) months, beginning at
446446 the first of each fiscal year, and renewable on an annual basis.
447447 Contracts shall be considered during the third and fourth qua rter of
448448 the fiscal year for contracting the following year. Consideration
449449 for renewal shall include a review of the performance of the current
450450 contract including the annual peer review. If the Of fice of
451451 Juvenile Affairs determines the contractual relatio nship shall be
452452 renewed, it shall be in a new contract for the upcoming fisc al year
453453 and may or may not contain the same terms, conditions, form and
454454 format as the previous contract. Any change from the contract of
455455 the previous year that is proposed by the Y outh Services Agency or
456456 the Office of Juvenile Affairs shall be the subject of negotiation
457457 at the request of either party.
458458 L. The Oklahoma Association of Youth Services, or another
459459 Oklahoma nonprofit corporation whose membership consists solely of
460460 Youth Services Agencies and of whom at least a majority of Youth
461461 Services Agencies are members may provide technical assistance to
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488488 the Youth Services Agencies in the preparation and presentation of
489489 their proposals or negotiations as requested by a Youth Services
490490 Agency.
491491 M. The Office of Juvenile Affairs is authorized to contract
492492 with the Oklahoma Association of Youth Services or another Oklahoma
493493 nonprofit corporation whose membership consists solely of Yo uth
494494 Services Agencies and of whom at least a majority of Yo uth Services
495495 Agencies are members for evaluation, training and program mate rials
496496 and for statewide office support, including rental of office space
497497 and general technical assistance for Youth Servic es Agencies with
498498 which the Office of Juvenile Affairs has c ontracts.
499499 SECTION 2. This act shall become effective November 1, 2023.
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501501 59-1-5236 CMA 12/28/22