Oklahoma 2023 Regular Session

Oklahoma House Bill HB1369 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 1369 Page 1 1
	3	+	HB1369 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 1369 By: West (Tammy), McEntire, and
	30	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	31	+
	32	+	STATE OF OKLAHOMA
	33	+
	34	+	1st Session of the 59th Legislature (2023)
	35	+
	36	+	COMMITTEE SUBSTITUTE
	37	+	FOR
	38	+	HOUSE BILL NO. 1369 By: West (Tammy), McEntire, and
30	39		Lawson of the House
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32	41		and
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34	43		Hall of the Senate
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	48	+	COMMITTEE SUBSTITUTE
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40	50		An Act relating to children; amending 10A O.S. 2021,
41	51		Section 1-1-105, which relates to definitions;
42	52		modifying definition; and providing an effective
43	53		date.
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48	58		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
49	59		SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -1-105, is
50	60		amended to read as follows:
51	61		Section 1-1-105. When used in the Oklahoma Children 's Code,
52	62		unless the context otherwise requires:
53	63		1. "Abandonment" means:
54	64		a. the willful intent by wo rds, actions, or omissions not
55	65		to return for a child, or
56	66		b. the failure to maintain a signifi cant parental
57	67		relationship with a child through visitation or
58		-	communication in which incidental or token visits or
59		-	communication are not considered significant, or
60		-	c. the failure to respond to notice of deprived
61		-	proceedings;
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63		-	ENGR. H. B. NO. 1369 Page 2 1
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	96	+	communication in which incidental or token visits or
	97	+	communication are not considered significant, or
	98	+	c. the failure to respond to notice of deprived
	99	+	proceedings;
88	100		2. "Abuse" means harm or threatened harm to the health, safety,
89	101		or welfare of a child by a person responsible for the child 's
90	102		health, safety, or welfare, including but not limited to
91	103		nonaccidental physical or mental injury, sexual abuse, or sexual
92	104		exploitation. Provided, however, that nothing contained in the
93	105		Oklahoma Children's Code shall prohibit any parent from using
94	106		ordinary force as a means of discipline including, but not limited
95	107		to, spanking, switching, or paddling.
96	108		a. "Harm or threatened harm to the health or safety of a
97	109		child" means any real or threatened physical, mental,
98	110		or emotional injury or damage to the body or mind that
99	111		is not accidental including but not limited to sexual
100	112		abuse, sexual exploitation, neglect, or dependency.
101	113		b. "Sexual abuse" includes but is not limited t o rape,
102	114		incest, and lewd or indecent acts or proposals made to
103	115		a child, as defined by law, by a person responsible
104	116		for the health, safety, or welfare of the child.
105	117		c. "Sexual exploitation" includes but is not limited to
106	118		allowing, permitting, encouraging, o r forcing a child
107	119		to engage in prostitution, as defined by law, by any
108		-	person eighteen (18) years of age or older or by a
109		-	person responsible for the health, safety , or welfare
110		-	of a child, or allowing, permitting, encouraging, or
111		-	engaging in the lewd, obsce ne, or pornographic, as
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	148	+	person eighteen (18) years of age or older or by a
	149	+	person responsible for the health, safety , or welfare
	150	+	of a child, or allowing, permitting, encouraging, or
	151	+	engaging in the lewd, obsce ne, or pornographic, as
138	152		defined by law, photographing, filming, or depicting
139	153		of a child in those acts by a person responsible for
140	154		the health, safety, and welfare o f the child;
141	155		3. "Adjudication" means a finding by the court that the
142	156		allegations in a petiti on alleging that a child is deprived are
143	157		supported by a preponderance of the evidence;
144	158		4. "Adjudicatory hearing " means a hearing by the court as
145	159		provided by Section 1-4-601 of this title;
146	160		5. "Age-appropriate or developmentally appropriate " means:
147	161		a. activities or items that are generally accepted as
148	162		suitable for children of the same age or level of
149	163		maturity or that are determined to be developmentally
150	164		appropriate for a child, based on the development of
151	165		cognitive, emotional, physical, and behavioral
152	166		capacities that are typical for an age or age group,
153	167		and
154	168		b. in the case of a specific child, activities or items
155	169		that are suitable for that child based on the
156	170		developmental stages attained by the child with
157		-	respect to the cognitive, emotional, physical, and
158		-	behavioral capacities of the specific child.
159		-	In the event that any a ge-related activities have implications
160		-	relative to the academic curriculum of a child, nothing in this
161		-	paragraph shall be construed to authorize an officer or employee of
162	171
163		-	ENGR. H. B. NO. 1369 Page 4 1
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	199	+	respect to the cognitive, emotional, physical, and
	200	+	behavioral capacities of the specific child.
	201	+	In the event that any age -related activities have implications
	202	+	relative to the academic curriculum of a child, nothing in this
	203	+	paragraph shall be construed to authorize an officer or employee of
188	204		the federal government to mandate, direct, or control a state or
189	205		local educational agency, or the specific instructional content,
190	206		academic achievement standards and assessments, curr iculum, or
191	207		program of instruction of a school;
192	208		6. "Assessment" means a comprehensive review of child safety
193	209		and evaluation of family functioning and protective capacities that
194	210		is conducted in response to a child abuse or neglect referral that
195	211		does not allege a serious and immediate safety threat to a child;
196	212		7. "Behavioral health" means mental health, substance abuse, or
197	213		co-occurring mental health and substance abuse diagnoses, and the
198	214		continuum of mental health, substance abuse, or co -occurring mental
199	215		health and substance abuse treatment;
200	216		8. "Child" means any unmarried person under eighteen (18) years
201	217		of age;
202	218		9. "Child advocacy center" means a center and the
203	219		multidisciplinary child abuse team of which it is a member that is
204	220		accredited by the National Chi ldren's Alliance or that is completing
205	221		a sixth year of reaccreditation . Child advocacy cente rs shall be
206		-	classified, based on the child population of a distri ct attorney's
207		-	district, as follows:
208		-	a. nonurban centers in districts with child populations
209		-	that are less than sixty thousand (60,000), and
210		-	b. midlevel nonurban centers in districts with chil d
211		-	populations equal to or greater than sixty thousand
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	250	+	classified, based on the child population of a district attorney 's
	251	+	district, as follows:
	252	+	a. nonurban centers in districts with child populations
	253	+	that are less than sixty thousand (60,000), and
	254	+	b. midlevel nonurban centers in districts with chil d
	255	+	populations equal to or greater than sixty thousand
238	256		(60,000), but not including Oklahoma and Tulsa
239	257		Counties;
240	258		10. "Child with a disability " means any child who h as a
241	259		physical or mental impairment which substantially limits one or more
242	260		of the major life activities of the child, or who is regarded as
243	261		having such an impairment by a competent medical professional;
244	262		11. "Child-placing agency" means an agency that arran ges for or
245	263		places a child in a foster family home, family -style living program,
246	264		group home, adoptive home, or a successful adulthood program;
247	265		12. "Children's emergency resource center " means a community-
248	266		based program that may provide emergency care and a safe and
249	267		structured homelike environment or a host home for children
250	268		providing food, clothing , shelter and hygiene products to each child
251	269		served; after-school tutoring; counseling services; life -skills
252	270		training; transition services; assessments; family reu nification;
253	271		respite care; transportation to or from school, doctors '
254	272		appointments, visitation s and other social, school, court or other
255	273		activities when necessary; and a stable environment for children in
256		-	crisis who are in custody of the Department of Human Services if
257		-	permitted under the Department's policies and regulations, or who
258		-	have been voluntarily placed by a parent or custodian during a
259		-	temporary crisis;
260		-	13. "Community-based services" or "community-based programs"
261		-	means services or programs which m aintain community participation or
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	302	+	crisis who are in custody of the Department of Human Services if
	303	+	permitted under the Department's policies and regulations, or who
	304	+	have been voluntarily placed by a parent or custodian during a
	305	+	temporary crisis;
	306	+	13. "Community-based services" or "community-based programs"
	307	+	means services or programs which m aintain community participation or
288	308		supervision in their planning, operation, and evaluation .
289	309		Community-based services and programs may include, but are not
290	310		limited to, emergency shelter, crisis intervention, group work, case
291	311		supervision, job placement, re cruitment and training of volunteers,
292	312		consultation, medical, educational, home -based services, vocational,
293	313		social, preventive and psychological guidance, training, counseling,
294	314		early intervention and diversionary substance abuse treatment,
295	315		sexual abuse treatment, transitional living, independent living, and
296	316		other related services and programs;
297	317		14. "Concurrent permanency planning" means, when indicated, the
298	318		implementation of two plans for a child entering foster care . One
299	319		plan focuses on reuniting the paren t and child; the other seeks to
300	320		find a permanent out -of-home placement for the child with bot h plans
301	321		being pursued simultaneously;
302	322		15. "Court-appointed special advocate " or "CASA" means a
303	323		responsible adult volunteer who has been trained and is supervised
304	324		by a court-appointed special advocate program recognized by the
305		-	court, and when appointed by the court, serves as an officer of the
306		-	court in the capacity as a guardian ad litem;
307		-	16. "Court-appointed special advocate program " means an
308		-	organized program, ad ministered by either an independent, not-for-
309		-	profit corporation, a dependent project of an in dependent, not-for-
310		-	profit corporation or a unit of local governme nt, which recruits,
311	325
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	353	+	court, and when appointed by the court, serves as an officer of the
	354	+	court in the capacity as a guardian ad litem;
	355	+	16. "Court-appointed special advocate program " means an
	356	+	organized program, ad ministered by either an independent, not-for-
	357	+	profit corporation, a dependent project of an in dependent, not-for-
	358	+	profit corporation or a unit of local government, which recruits,
337	359		screens, trains, assigns, supervises and supports volunteers to be
338	360		available for appointment by the court as guardians ad litem;
339	361		17. "Custodian" means an individual other than a parent, legal
340	362		guardian or Indian custodian, to whom legal custody of the child has
341	363		been awarded by the court . As used in this title, the term
342	364		"custodian" shall not mean the Department of Human Services;
343	365		18. "Day treatment" means a nonresidential program which
344	366		provides intensive services to a child who resides in the child 's
345	367		own home, the home of a relative, group home, a foster home or
346	368		residential child ca re facility. Day treatment programs include,
347	369		but are not limited to, educational services;
348	370		19. "Department" means the Department of Human Services;
349	371		20. "Dependency" means a child who is homeless or without
350	372		proper care or guardianship through no fault of his or her parent,
351	373		legal guardian, or custodian;
352	374		21. "Deprived child" means a child:
353	375		a. who is for any reason destitute, homeless, or
354	376		abandoned,
355		-	b. who does not have the proper parental care or
356		-	guardianship,
357		-	c. who has been abused, neglected, or is depen dent,
358		-	d. whose home is an unfit place for the child by reason
359		-	of depravity on the part of the parent or legal
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	405	+	b. who does not have the proper parental care or
	406	+	guardianship,
	407	+	c. who has been abused, neglected, or is depen dent,
	408	+	d. whose home is an unfit place for the child by reason
	409	+	of depravity on the part of the parent or legal
386	410		guardian of the child, or other person responsible for
387	411		the health or welfare of the child,
388	412		e. who is a child in need of special care and treatment
389	413		because of the child's physical or mental condition,
390	414		and the child's parents, legal guardian, or other
391	415		custodian is unable or willfully fails to provide such
392	416		special care and treatment . As used in this
393	417		paragraph, a child in need of special care and
394	418		treatment includes, but is not limited to, a child who
395	419		at birth tests positive for alcohol or a controlled
396	420		dangerous substance and who, pursuant to a drug or
397	421		alcohol screen of the child and an assessment of the
398	422		parent, is determined to be at risk of harm or
399	423		threatened harm to the health or safety of a child,
400	424		f. who is a child with a disability deprived of the
401	425		nutrition necessary to sustain life or of the medical
402	426		treatment necessary to remedy or relieve a life -
403	427		threatening medical condition in order to cause or
404	428		allow the death of the child if such nutrition or
405		-	medical treatment is generally provid ed to similarly
406		-	situated children without a disability or children
407		-	with disabilities; provided that no medical treatment
408		-	shall be necessary if, in the reasonable medical
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	457	+	medical treatment is generally provid ed to similarly
	458	+	situated children without a disability or children
	459	+	with disabilities; provided that no medical treatment
	460	+	shall be necessary if, in the reasonable medical
435	461		judgment of the attending physician, such treatment
436	462		would be futile in saving the life of the child,
437	463		g. who, due to improper parental care and guardianship,
438	464		is absent from school as specified in Section 10 -106
439	465		of Title 70 of the Oklahoma Statutes, if the ch ild is
440	466		subject to compulsory school attendance,
441	467		h. whose parent, legal guardian or custodian for good
442	468		cause desires to be relieved of custody,
443	469		i. who has been born to a parent whose parental rights to
444	470		another child have been involuntarily terminated by
445	471		the court and the conditions which led to the making
446	472		of the finding, which resulted i n the termination of
447	473		the parental rights of the parent to the other child,
448	474		have not been corrected, or
449	475		j. whose parent, legal guardian, or custodian has
450	476		subjected another chi ld to abuse or neglect or has
451	477		allowed another child to be subjected to abuse or
452	478		neglect and is currently a respondent in a deprived
453	479		proceeding.
454		-	Nothing in the Oklahoma Children's Code shall be construed to
455		-	mean a child is deprived for the sole reason the p arent, legal
456		-	guardian, or person having custody or control of a child, in good
457		-	faith, selects and depends upon spiritual means alone through
458		-	prayer, in accordance with the tenets and practice of a recognized
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	508	+	Nothing in the Oklahoma Children 's Code shall be construed to
	509	+	mean a child is deprived for the sole reason the p arent, legal
	510	+	guardian, or person having custody or control of a child, in good
	511	+	faith, selects and depends upon spiritual means alone through
	512	+	prayer, in accordance with the tenets and practice of a recognized
485	513		church or religious denomination, for the treatm ent or cure of
486	514		disease or remedial care of such child.
487	515		Evidence of material, ed ucational or cultural disadvantage as
488	516		compared to other children shall not be sufficient to prove that a
489	517		child is deprived; the state shall prove that the child is deprived
490	518		as defined pursuant to this title.
491	519		Nothing contained in this paragraph shall preve nt a court from
492	520		immediately assuming custody of a child and ordering whatever action
493	521		may be necessary, including medical treatment, to protect the
494	522		child's health or welfare;
495	523		22. "Dispositional hearing" means a hearing by the court as
496	524		provided by Section 1-4-706 of this title;
497	525		23. "Drug-endangered child" means a child who is at risk of
498	526		suffering physical, psychological or sexual harm as a result of the
499	527		use, possession, distributi on, manufacture or cultivation of
500	528		controlled substances, or the attempt of a ny of these acts, by a
501	529		person responsible for the health, safety or welfare of the child,
502	530		as defined in this section . This term includes circumstances
503	531		wherein the substance abuse of the person responsible for the
504		-	health, safety or welfare of the child int erferes with that person's
505		-	ability to parent and provide a safe and nurturing envi ronment for
506		-	the child;
507		-	24. "Emergency custody" means the custody of a child prior to
508		-	adjudication of the child following issuance of an order of the
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533	558		24
534	559
	560	+	health, safety or welfare of the child int erferes with that person's
	561	+	ability to parent and provide a safe and nurturing environment for
	562	+	the child;
	563	+	24. "Emergency custody" means the custody of a child prior to
	564	+	adjudication of the child following issuance of an order of the
535	565		district court pursuant to Section 1-4-201 of this title or
536	566		following issuance of an order of the district court pursuant to an
537	567		emergency custody hearing, as specified by Section 1 -4-203 of this
538	568		title;
539	569		25. "Facility" means a place, an institution, a building or
540	570		part thereof, a set of buildings, or an area whether or not
541	571		enclosing a building or set of buildings used for the lawful custody
542	572		and treatment of children;
543	573		26. "Failure to protect" means failure to take reasonable
544	574		action to remedy or prevent child abuse or neglect, and includes the
545	575		conduct of a nonabusing parent or guardian who knows the identity of
546	576		the abuser or the person neglecting the child, but lies, conceals or
547	577		fails to report the child abuse or neglect or otherwise take
548	578		reasonable action to end the abuse or negle ct;
549	579		27. "Family-style living program" means a residential program
550	580		providing sustained care and supervision to residents in a homelike
551	581		environment not located in a building used for c ommercial activity;
552	582		28. "Foster care" or "foster care services " means continuous
553	583		twenty-four-hour care and supportive services provided for a child
554		-	in foster placement including, but not limited to, the care,
555		-	supervision, guidance, and rearing of a foster child by the foster
556		-	parent;
557		-	29. "Foster family home" means the private residence of a
558		-	foster parent who provides foster care services to a child . Such
559	584
560		-	ENGR. H. B. NO. 1369 Page 12 1
	585	+	HB1369 HFLR Page 12
	586	+	BOLD FACE denotes Committee Amendments.
	587	+	1
561	588		2
562	589		3
563	590		4
564	591		5
565	592		6
566	593		7
567	594		8
568	595		9
569	596		10
570	597		11
571	598		12
572	599		13
573	600		14
574	601		15
575	602		16
576	603		17
577	604		18
578	605		19
579	606		20
580	607		21
581	608		22
582	609		23
583	610		24
584	611
	612	+	in foster placement including, but not limited to, the care,
	613	+	supervision, guidance, and rearing of a foster child by the foster
	614	+	parent;
	615	+	29. "Foster family home" means the private residence of a
	616	+	foster parent who provides foster care services to a child . Such
585	617		term shall include a nonkinship foster family home, a therapeutic
586	618		foster family home, or the home of a relative or other kinship care
587	619		home;
588	620		30. "Foster parent eligibility assessment" includes a criminal
589	621		background investigation including, but not limited to, a national
590	622		criminal history records search based upon the submission of
591	623		fingerprints, home assessm ents, and any other assessment required by
592	624		the Department of Human Se rvices, the Office of Ju venile Affairs, or
593	625		any child-placing agency pursuant to the provisions of the Oklahoma
594	626		Child Care Facilities Licensing Act;
595	627		31. "Guardian ad litem" means a person appointed by the court
596	628		pursuant to the provisions of Section 1 -4-306 of this title having
597	629		those duties and responsibilities as set forth in that section . The
598	630		term "guardian ad litem" shall refer to a court -appointed special
599	631		advocate as well as to any oth er person appointed pursuant to the
600	632		provisions of Section 1 -4-306 of this title to serve as a guardian
601	633		ad litem;
602		-	32. "Guardian ad litem of the estate of the child" means a
603		-	person appointed by the court to protect the property interests of a
604		-	child pursuant to Section 1-8-108 of this title;
605		-	33. "Group home" means a residential facility licensed by the
606		-	Department to provide full-time care and community -based services
607		-	for more than five but fewer than thirteen children;
608	634
609		-	ENGR. H. B. NO. 1369 Page 13 1
	635	+	HB1369 HFLR Page 13
	636	+	BOLD FACE denotes Committee Amendments.
	637	+	1
610	638		2
611	639		3
612	640		4
613	641		5
614	642		6
615	643		7
616	644		8
617	645		9
618	646		10
619	647		11
620	648		12
621	649		13
622	650		14
623	651		15
624	652		16
625	653		17
626	654		18
627	655		19
628	656		20
629	657		21
630	658		22
631	659		23
632	660		24
633	661
	662	+	32. "Guardian ad litem of the estate of the child " means a
	663	+	person appointed by the court to protect the property interests of a
	664	+	child pursuant to Section 1-8-108 of this title;
	665	+	33. "Group home" means a residential facility licensed by the
	666	+	Department to provide full-time care and community -based services
	667	+	for more than five but fewer than thirteen children;
634	668		34. "Harm or threatened harm to the he alth or safety of a
635	669		child" means any real or threatened physical, mental, or emotional
636	670		injury or damage to the body or mind that is not accidental
637	671		including, but not limited to, sexual abuse, sexual exploitation,
638	672		neglect, or dependency;
639	673		35. "Heinous and shocking abuse" includes, but is not limited
640	674		to, aggravated physi cal abuse that results in ser ious bodily,
641	675		mental, or emotional injury. "Serious bodily injury " means injury
642	676		that involves:
643	677		a. a substantial risk of death,
644	678		b. extreme physical pain,
645	679		c. protracted disfigurement,
646	680		d. a loss or impairment of the function o f a body member,
647	681		organ, or mental faculty,
648	682		e. an injury to an internal or external organ or the
649	683		body,
650	684		f. a bone fracture,
651	685		g. sexual abuse or sexual exploitation,
652		-	h. chronic abuse including, but no t limited to, physical,
653		-	emotional, or sexual abuse, or s exual exploitation
654		-	which is repeated or continuing,
655		-	i. torture that includes, but is not limited to,
656		-	inflicting, participating in or assisting in
657		-	inflicting intense physical or emotional pain upon a
658	686
659		-	ENGR. H. B. NO. 1369 Page 14 1
	687	+	HB1369 HFLR Page 14
	688	+	BOLD FACE denotes Committee Amendments.
	689	+	1
660	690		2
661	691		3
662	692		4
663	693		5
664	694		6
665	695		7
666	696		8
667	697		9
668	698		10
669	699		11
670	700		12
671	701		13
672	702		14
673	703		15
674	704		16
675	705		17
676	706		18
677	707		19
678	708		20
679	709		21
680	710		22
681	711		23
682	712		24
683	713
	714	+	h. chronic abuse including, but no t limited to, physical,
	715	+	emotional, or sexual abuse, or s exual exploitation
	716	+	which is repeated or continuing,
	717	+	i. torture that includes, but is not limited to,
	718	+	inflicting, participating in or assisting in
	719	+	inflicting intense physical or emotional pain upon a
684	720		child repeatedly over a period of time for the purpose
685	721		of coercing or terrorizing a child or f or the purpose
686	722		of satisfying the craven, cruel, or prurient desires
687	723		of the perpetrator or another person, or
688	724		j. any other similar aggravated circumstance;
689	725		36. "Heinous and shocking neglect" includes, but is not limi ted
690	726		to:
691	727		a. chronic neglect that includes , but is not limited to,
692	728		a persistent pattern of family functioning in which
693	729		the caregiver has not met or sustained the basic needs
694	730		of a child which results in har m to the child,
695	731		b. neglect that has resulted in a diagnosis of the child
696	732		as a failure to thri ve,
697	733		c. an act or failure to act by a parent that results in
698	734		the death or near death of a any child or sibling,
699	735		serious physical or emotional harm, sexual abuse,
700	736		sexual exploitation, or presents an imminent risk of
701	737		serious harm to a any child, or
702		-	d. any other similar aggravating circumstance;
703		-	37. "Individualized service plan" means a document written
704		-	pursuant to Section 1 -4-704 of this title that has the same meanin g
705		-	as "service plan" or "treatment plan" where those terms are used in
706		-	the Oklahoma Children 's Code;
707	738
708		-	ENGR. H. B. NO. 1369 Page 15 1
	739	+	HB1369 HFLR Page 15
	740	+	BOLD FACE denotes Committee Amendments.
	741	+	1
709	742		2
710	743		3
711	744		4
712	745		5
713	746		6
714	747		7
715	748		8
716	749		9
717	750		10
718	751		11
719	752		12
720	753		13
721	754		14
722	755		15
723	756		16
724	757		17
725	758		18
726	759		19
727	760		20
728	761		21
729	762		22
730	763		23
731	764		24
732	765
	766	+	d. any other similar aggravating circumstance;
	767	+	37. "Individualized service plan " means a document written
	768	+	pursuant to Section 1 -4-704 of this title that has the same meanin g
	769	+	as "service plan" or "treatment plan" where those terms are used in
	770	+	the Oklahoma Children 's Code;
733	771		38. "Infant" means a child who is twelve (12) months of age or
734	772		younger;
735	773		39. "Institution" means a residential facility offering care
736	774		and treatment for mor e than twenty residents;
737	775		40. a. "Investigation" means a response to an allegation of
738	776		abuse or neglect that involves a serious and immediate
739	777		threat to the safety of the child, making it necessary
740	778		to determine:
741	779		(1) the current safety of a child and the risk of
742	780		subsequent abuse or neglect, and
743	781		(2) whether child abuse or neglect occurred and
744	782		whether the family needs prevention- and
745	783		intervention-related services.
746	784		b. "Investigation" results in a written response stating
747	785		one of the following findings:
748	786		(1) "substantiated" means the Department has
749	787		determined, after an investigation of a report of
750	788		child abuse or neglect and based upon some
751	789		credible evidence, that child abuse or neglect
752		-	has occurred. When child abuse or neglect is
753		-	substantiated, the Department may rec ommend:
754		-	(a) court intervention if the Department finds
755		-	the health, safety, or welfare of the child
756		-	is threatened, or
757	790
758		-	ENGR. H. B. NO. 1369 Page 16 1
	791	+	HB1369 HFLR Page 16
	792	+	BOLD FACE denotes Committee Amendments.
	793	+	1
759	794		2
760	795		3
761	796		4
762	797		5
763	798		6
764	799		7
765	800		8
766	801		9
767	802		10
768	803		11
769	804		12
770	805		13
771	806		14
772	807		15
773	808		16
774	809		17
775	810		18
776	811		19
777	812		20
778	813		21
779	814		22
780	815		23
781	816		24
782	817
	818	+	has occurred. When child abuse or neglect is
	819	+	substantiated, the Department may rec ommend:
	820	+	(a) court intervention if the Department finds
	821	+	the health, safety, or welfare of the child
	822	+	is threatened, or
783	823		(b) child abuse and neglect prevention - and
784	824		intervention-related services for the child,
785	825		parents or persons responsible for the care
786	826		of the child if court intervention is not
787	827		determined to be necessary,
788	828		(2) "unsubstantiated" means the Department has
789	829		determined, after an investigation of a report of
790	830		child abuse or neglect, that insufficient
791	831		evidence exists to fully determine whether child
792	832		abuse or neglect has occurred. If child abuse or
793	833		neglect is unsubstantiated, the Department may
794	834		recommend, when determined to be necessary, that
795	835		the parents or persons responsible for the care
796	836		of the child obtain child abuse and neglect
797	837		prevention- and intervention-related services, or
798	838		(3) "ruled out" means a report in which a child
799	839		protective services speci alist has determined,
800	840		after an investigation of a report of child abuse
801		-	or neglect, that no child abuse or neglect has
802		-	occurred;
803		-	41. "Kinship care" means full-time care of a child by a kinship
804		-	relation;
805		-	42. "Kinship guardianship " means a permanent guardi anship as
806		-	defined in this section;
807	841
808		-	ENGR. H. B. NO. 1369 Page 17 1
	842	+	HB1369 HFLR Page 17
	843	+	BOLD FACE denotes Committee Amendments.
	844	+	1
809	845		2
810	846		3
811	847		4
812	848		5
813	849		6
814	850		7
815	851		8
816	852		9
817	853		10
818	854		11
819	855		12
820	856		13
821	857		14
822	858		15
823	859		16
824	860		17
825	861		18
826	862		19
827	863		20
828	864		21
829	865		22
830	866		23
831	867		24
832	868
	869	+	or neglect, that no child abuse or neglect has
	870	+	occurred;
	871	+	41. "Kinship care" means full-time care of a child by a kinship
	872	+	relation;
	873	+	42. "Kinship guardianship " means a permanent guardi anship as
	874	+	defined in this section;
833	875		43. "Kinship relation" or "kinship relationship " means
834	876		relatives, stepparents, or other responsible adults who have a b ond
835	877		or tie with a child and/or to whom has been ascribed a family
836	878		relationship role with the child 's parents or the child; provided,
837	879		however, in cases where the Indian Child Welfare Act applies, the
838	880		definitions contained in 25 U.S.C., Section 1903 shall co ntrol;
839	881		44. "Mental health facility" means a mental health or substance
840	882		abuse treatment facility as d efined by the Inpatient Mental Health
841	883		and Substance Abuse Treatment of Minors Act;
842	884		45. "Minor" means the same as the term "child" as defined in
843	885		this section;
844	886		46. "Minor in need of treatment" means a child in need of
845	887		mental health or substance abuse treat ment as defined by the
846	888		Inpatient Mental Health and Substance Abuse Treatment of Minors Act;
847	889		47. "Multidisciplinary child abuse team " means any team
848	890		established pursuant to Section 1-9-102 of this title of three or
849	891		more persons who are trained in the preve ntion, identification,
850	892		investigation, prosecution, and treatment of physical and sexual
851		-	child abuse and who are qualified to facilitate a broad range of
852		-	prevention- and intervention-related services and services related
853		-	to child abuse. For purposes of this definition, "freestanding"
854		-	means a team not used by a c hild advocacy center for its
855		-	accreditation;
856	893
857		-	ENGR. H. B. NO. 1369 Page 18 1
	894	+	HB1369 HFLR Page 18
	895	+	BOLD FACE denotes Committee Amendments.
	896	+	1
858	897		2
859	898		3
860	899		4
861	900		5
862	901		6
863	902		7
864	903		8
865	904		9
866	905		10
867	906		11
868	907		12
869	908		13
870	909		14
871	910		15
872	911		16
873	912		17
874	913		18
875	914		19
876	915		20
877	916		21
878	917		22
879	918		23
880	919		24
881	920
	921	+	child abuse and who are qualified to facilitate a broad range of
	922	+	prevention- and intervention-related services and services related
	923	+	to child abuse. For purposes of this definition, "freestanding"
	924	+	means a team not used by a child advocacy center for its
	925	+	accreditation;
882	926		48. "Near death" means a child is in serious or criti cal
883	927		condition, as certified by a physician, as a result of abuse or
884	928		neglect;
885	929		49. a. "Neglect" means:
886	930		(1) the failure or omission to provide any of the
887	931		following:
888	932		(a) adequate nurturance and affection, food,
889	933		clothing, shelter, sanitation, hygiene, or
890	934		appropriate education,
891	935		(b) medical, dental, or behavioral health care,
892	936		(c) supervision or appropriate caret akers to
893	937		protect the child from harm or threatened
894	938		harm of which any reasonable and prudent
895	939		person responsible for the child 's health,
896	940		safety or welfare wo uld be aware, or
897	941		(d) special care made necessary for the child's
898	942		health and safety by the physical or mental
899	943		condition of the child,
900		-	(2) the failure or omissi on to protect a child from
901		-	exposure to any of the following:
902		-	(a) the use, possession, sale, or man ufacture of
903		-	illegal drugs,
904		-	(b) illegal activities, or
905	944
906		-	ENGR. H. B. NO. 1369 Page 19 1
	945	+	HB1369 HFLR Page 19
	946	+	BOLD FACE denotes Committee Amendments.
	947	+	1
907	948		2
908	949		3
909	950		4
910	951		5
911	952		6
912	953		7
913	954		8
914	955		9
915	956		10
916	957		11
917	958		12
918	959		13
919	960		14
920	961		15
921	962		16
922	963		17
923	964		18
924	965		19
925	966		20
926	967		21
927	968		22
928	969		23
929	970		24
930	971
	972	+	(2) the failure or omission to protect a child from
	973	+	exposure to any of the following:
	974	+	(a) the use, possession, sale, or man ufacture of
	975	+	illegal drugs,
	976	+	(b) illegal activities, or
931	977		(c) sexual acts or materials that are not age -
932	978		appropriate, or
933	979		(3) abandonment.
934	980		b. "Neglect" shall not mean a child who engages in
935	981		independent activities, except if the person
936	982		responsible for the child 's health, safety or welfare
937	983		willfully disregards any harm or threatened harm to
938	984		the child, given the child's level of maturity,
939	985		physical condition or ment al abilities. Such
940	986		independent activities include but are not limited to:
941	987		(1) traveling to and from s chool including by
942	988		walking, running or bicycling,
943	989		(2) traveling to and from nearby commercial or
944	990		recreational facilities,
945	991		(3) engaging in outdoor play,
946	992		(4) remaining at home unattended for a reasonable
947	993		amount of time,
948	994		(5) remaining in a vehicle if the temp erature inside
949	995		the vehicle is not or will not become dangerously
950		-	hot or cold, except under the condit ions
951		-	described in Section 11-1119 of Title 47 of the
952		-	Oklahoma Statutes, or
953		-	(6) engaging in similar activities alone or with
954		-	other children.
955	996
956		-	ENGR. H. B. NO. 1369 Page 20 1
	997	+	HB1369 HFLR Page 20
	998	+	BOLD FACE denotes Committee Amendments.
	999	+	1
957	1000		2
958	1001		3
959	1002		4
960	1003		5
961	1004		6
962	1005		7
963	1006		8
964	1007		9
965	1008		10
966	1009		11
967	1010		12
968	1011		13
969	1012		14
970	1013		15
971	1014		16
972	1015		17
973	1016		18
974	1017		19
975	1018		20
976	1019		21
977	1020		22
978	1021		23
979	1022		24
980	1023
	1024	+	hot or cold, except under the condit ions
	1025	+	described in Section 11-1119 of Title 47 of the
	1026	+	Oklahoma Statutes, or
	1027	+	(6) engaging in similar activities alone or with
	1028	+	other children.
981	1029		Nothing in this paragraph shall be construed to mean a child is
982	1030		abused or neglected for the sole reason the parent, legal guardian
983	1031		or person having custody or control of a child, in good faith,
984	1032		selects and depends upon spiritual means alone through prayer, in
985	1033		accordance with the tenets and practice of a recognized church or
986	1034		religious denomination, for the treatment or c ure of disease or
987	1035		remedial care of such child . Nothing contained in this paragraph
988	1036		shall prevent a court from immediately assuming custody of a child,
989	1037		pursuant to the Oklahoma Children's Code, and ordering whatever
990	1038		action may be necessary, including medic al treatment, to protect the
991	1039		child's health or welfare;
992	1040		50. "Permanency hearing" means a hearing by the court pursuant
993	1041		to Section 1-4-811 of this title;
994	1042		51. "Permanent custody" means the court-ordered custody of an
995	1043		adjudicated deprived child when a paren t-child relationship no
996	1044		longer exists due to terminat ion of parental rights or due to the
997	1045		death of a parent or parents;
998	1046		52. "Permanent guardianship " means a judicially created
999	1047		relationship between a child, a kinship relation of the child, or
1000		-	other adult established pursuant to the provisions of Section 1 -4-
1001		-	709 of this title;
1002		-	53. "Person responsible for a child 's health, safety, or
1003		-	welfare" includes a parent; a legal guardian; custodian; a foster
1004		-	parent; a person eighteen (18) years of age or older with wh om the
1005	1048
1006		-	ENGR. H. B. NO. 1369 Page 21 1
	1049	+	HB1369 HFLR Page 21
	1050	+	BOLD FACE denotes Committee Amendments.
	1051	+	1
1007	1052		2
1008	1053		3
1009	1054		4
1010	1055		5
1011	1056		6
1012	1057		7
1013	1058		8
1014	1059		9
1015	1060		10
1016	1061		11
1017	1062		12
1018	1063		13
1019	1064		14
1020	1065		15
1021	1066		16
1022	1067		17
1023	1068		18
1024	1069		19
1025	1070		20
1026	1071		21
1027	1072		22
1028	1073		23
1029	1074		24
1030	1075
	1076	+	other adult established pursuant to the provisions of Section 1 -4-
	1077	+	709 of this title;
	1078	+	53. "Person responsible for a child 's health, safety, or
	1079	+	welfare" includes a parent; a legal guardian; custodian; a foster
	1080	+	parent; a person eighteen (18) years of age or older with wh om the
1031	1081		child's parent cohabitates or any other adult residing in the home
1032	1082		of the child; an agent or employee of a public or private
1033	1083		residential home, insti tution, facility or day treatment program as
1034	1084		defined in Section 175.20 of Title 10 of the Oklahoma St atutes; or
1035	1085		an owner, operator, or employee of a child care facility as defined
1036	1086		by Section 402 of Title 10 of the Oklahoma Statutes;
1037	1087		54. "Plan of safe care" means a plan developed for an infant
1038	1088		with Neonatal Abstinence Syndrome or a Fetal Alcohol Spectrum
1039	1089		Disorder upon release from the care of a health care provider that
1040	1090		addresses the health and substance use treatment needs of the infant
1041	1091		and mother or caregiver;
1042	1092		55. "Protective custody" means custody of a child taken by a
1043	1093		law enforcement officer or design ated employee of the court without
1044	1094		a court order;
1045	1095		56. "Putative father" means an alleged father as that term is
1046	1096		defined in Section 7700 -102 of Title 10 of the Oklahoma Statutes;
1047	1097		57. "Qualified residential treatment program " means a program
1048	1098		that:
1049		-	a. has a trauma-informed treatment model that is designed
1050		-	to address the needs including clinical needs as
1051		-	appropriate, of children with serious emotional or
1052		-	behavioral disorders or disturbances and, with respect
1053		-	to a child, is able to implement the treatment
1054		-	identified for the child from a required assessment,
1055	1099
1056		-	ENGR. H. B. NO. 1369 Page 22 1
	1100	+	HB1369 HFLR Page 22
	1101	+	BOLD FACE denotes Committee Amendments.
	1102	+	1
1057	1103		2
1058	1104		3
1059	1105		4
1060	1106		5
1061	1107		6
1062	1108		7
1063	1109		8
1064	1110		9
1065	1111		10
1066	1112		11
1067	1113		12
1068	1114		13
1069	1115		14
1070	1116		15
1071	1117		16
1072	1118		17
1073	1119		18
1074	1120		19
1075	1121		20
1076	1122		21
1077	1123		22
1078	1124		23
1079	1125		24
1080	1126
	1127	+	a. has a trauma-informed treatment model that is designed
	1128	+	to address the needs including clinical needs as
	1129	+	appropriate, of children with serious emotional or
	1130	+	behavioral disorders or disturbances and, with respect
	1131	+	to a child, is able to implement the treatment
	1132	+	identified for the child from a required assessment,
1081	1133		b. has registered or licensed nursing staff and other
1082	1134		licensed clinical staff who:
1083	1135		(1) provide care within the scope of their practice
1084	1136		as defined by the laws of this state,
1085	1137		(2) are on-site according to the t reatment model
1086	1138		referred to in subparagraph a of this paragraph,
1087	1139		and
1088	1140		(3) are available twenty -four (24) hours a day and
1089	1141		seven (7) days a week,
1090	1142		c. to the extent appropriate, and in accordance with the
1091	1143		child's best interest, facilitates participation of
1092	1144		family members in the child's treatment program,
1093	1145		d. facilitates outreach to the family members of the
1094	1146		child including siblings, documents how the outreach
1095	1147		is made including contact information, and maintains
1096	1148		contact information for any known biological family o f
1097	1149		the child,
1098		-	e. documents how family members are inte grated into the
1099		-	treatment process for the child including post -
1100		-	discharge, and how sibling connections are maintained,
1101		-	f. provides discharge planning and family -based aftercare
1102		-	support for at least six (6) months post-discharge,
1103		-	and
1104	1150
1105		-	ENGR. H. B. NO. 1369 Page 23 1
	1151	+	HB1369 HFLR Page 23
	1152	+	BOLD FACE denotes Committee Amendments.
	1153	+	1
1106	1154		2
1107	1155		3
1108	1156		4
1109	1157		5
1110	1158		6
1111	1159		7
1112	1160		8
1113	1161		9
1114	1162		10
1115	1163		11
1116	1164		12
1117	1165		13
1118	1166		14
1119	1167		15
1120	1168		16
1121	1169		17
1122	1170		18
1123	1171		19
1124	1172		20
1125	1173		21
1126	1174		22
1127	1175		23
1128	1176		24
1129	1177
	1178	+	e. documents how family members are inte grated into the
	1179	+	treatment process for the child including post -
	1180	+	discharge, and how sibling connections are maintained,
	1181	+	f. provides discharge planning and family -based aftercare
	1182	+	support for at least six (6) months post-discharge,
	1183	+	and
1130	1184		g. is licensed and accre dited by any of the following
1131	1185		independent, not-for-profit organizations:
1132	1186		(1) The Commission on Accred itation of Rehabilitation
1133	1187		Facilities (CARF),
1134	1188		(2) The Joint Commission on Accreditation of
1135	1189		Healthcare Organizations (JCAHO),
1136	1190		(3) The Council on Accreditatio n (COA), or
1137	1191		(4) any other federally approved independent, not -
1138	1192		for-profit accrediting organization;
1139	1193		58. "Reasonable and prudent parent standard " means the standard
1140	1194		characterized by careful and sensible p arental decisions that
1141	1195		maintain the health, safety, a nd best interests of a child while at
1142	1196		the same time encouraging the emotional and developmental g rowth of
1143	1197		the child. This standard shall be used by the child 's caregiver
1144	1198		when determining whether to allo w a child to participate in
1145	1199		extracurricular, enrichme nt, cultural, and social activities. For
1146	1200		purposes of this definition, the term "caregiver" means a foster
1147	1201		parent with whom a child in foster care has been placed, a
1148		-	representative of a group home where a child has been placed or a
1149		-	designated official for a residential child care facility where a
1150		-	child in foster care has been placed;
1151		-	59. "Relative" means a grandparent, great-grandparent, brother
1152		-	or sister of whole or half blood, aunt, uncle or any other person
1153		-	related to the child;
1154	1202
1155		-	ENGR. H. B. NO. 1369 Page 24 1
	1203	+	HB1369 HFLR Page 24
	1204	+	BOLD FACE denotes Committee Amendments.
	1205	+	1
1156	1206		2
1157	1207		3
1158	1208		4
1159	1209		5
1160	1210		6
1161	1211		7
1162	1212		8
1163	1213		9
1164	1214		10
1165	1215		11
1166	1216		12
1167	1217		13
1168	1218		14
1169	1219		15
1170	1220		16
1171	1221		17
1172	1222		18
1173	1223		19
1174	1224		20
1175	1225		21
1176	1226		22
1177	1227		23
1178	1228		24
1179	1229
	1230	+	representative of a group home where a child has been placed or a
	1231	+	designated official for a residential child care facility where a
	1232	+	child in foster care has been placed;
	1233	+	59. "Relative" means a grandparent, great-grandparent, brother
	1234	+	or sister of whole or half blood, aunt, uncle or any other person
	1235	+	related to the child;
1180	1236		60. "Residential child care facility" means a twenty-four-hour
1181	1237		residential facility where children live together with or are
1182	1238		supervised by adults who are not their parents or relatives;
1183	1239		61. "Review hearing" means a hearing by the court pursuant to
1184	1240		Section 1-4-807 of this title;
1185	1241		62. "Risk" means the likelihood that an incident of child abuse
1186	1242		or neglect will occur in th e future;
1187	1243		63. "Safety threat" means the threat of serious harm due to
1188	1244		child abuse or neglect occurring in the present or in the very near
1189	1245		future and without the i ntervention of another person, a child would
1190	1246		likely or in all probability sustain severe or permanent disability
1191	1247		or injury, illness, or death;
1192	1248		64. "Safety analysis" means action taken by the Department in
1193	1249		response to a report of alleged child abuse or neg lect that may
1194	1250		include an assessment or investigation based upon an analysis of the
1195	1251		information received according to priority guidelines and other
1196	1252		criteria adopted by the Department;
1197		-	65. "Safety evaluation" means evaluation of a child's situation
1198		-	by the Department using a structured, evidence-based tool to
1199		-	determine if the child is subject to a safety threat;
1200		-	66. "Secure facility" means a facility which is designed and
1201		-	operated to ensure that all entran ces and exits from the facility
1202		-	are subject to the ex clusive control of the staff of the facility,
1203		-	whether or not the juvenile being detained has freedom of movement
1204	1253
1205		-	ENGR. H. B. NO. 1369 Page 25 1
	1254	+	HB1369 HFLR Page 25
	1255	+	BOLD FACE denotes Committee Amendments.
	1256	+	1
1206	1257		2
1207	1258		3
1208	1259		4
1209	1260		5
1210	1261		6
1211	1262		7
1212	1263		8
1213	1264		9
1214	1265		10
1215	1266		11
1216	1267		12
1217	1268		13
1218	1269		14
1219	1270		15
1220	1271		16
1221	1272		17
1222	1273		18
1223	1274		19
1224	1275		20
1225	1276		21
1226	1277		22
1227	1278		23
1228	1279		24
1229	1280
	1281	+	65. "Safety evaluation" means evaluation of a child's situation
	1282	+	by the Department using a structured, evidence -based tool to
	1283	+	determine if the child is subject to a safety threat;
	1284	+	66. "Secure facility" means a facility which is designed and
	1285	+	operated to ensure that all entran ces and exits from the facility
	1286	+	are subject to the ex clusive control of the staff of the facility,
	1287	+	whether or not the juvenile being detained has freedom of movement
1230	1288		within the perimeter of the facility, or a facility which relies on
1231	1289		locked rooms and build ings, fences, or physical restraint in order
1232	1290		to control behavior of its residents;
1233	1291		67. "Sibling" means a biologically or legally related bro ther
1234	1292		or sister of a child. This includes an individual who satisfies at
1235	1293		least one of the following conditions with respect to a child:
1236	1294		a. the individual is considered by state law to be a
1237	1295		sibling of the child, or
1238	1296		b. the individual would have been consid ered a sibling
1239	1297		under state law but for a termination or other
1240	1298		disruption of parental rights, such as the death of a
1241	1299		parent;
1242	1300		68. "Specialized foster care" means foster care provided to a
1243	1301		child in a foster home or agency -contracted home which:
1244	1302		a. has been certified by the Developmental Disabilities
1245	1303		Services Division of the Department of Human Services,
1246	1304		b. is monitored by the Division, and
1247		-	c. is funded through the Home - and Community-Based Waiver
1248		-	Services Program administered by the Division;
1249		-	69. "Successful adulthood progr am" means a program specifically
1250		-	designed to assist a child to enhance those skills and abilities
1251		-	necessary for successful adult living. A successful adulthood
1252		-	program may include, but shall not be limited to, such features as
1253		-	minimal direct staff supervi sion, and the provision of supportive
1254	1305
1255		-	ENGR. H. B. NO. 1369 Page 26 1
	1306	+	HB1369 HFLR Page 26
	1307	+	BOLD FACE denotes Committee Amendments.
	1308	+	1
1256	1309		2
1257	1310		3
1258	1311		4
1259	1312		5
1260	1313		6
1261	1314		7
1262	1315		8
1263	1316		9
1264	1317		10
1265	1318		11
1266	1319		12
1267	1320		13
1268	1321		14
1269	1322		15
1270	1323		16
1271	1324		17
1272	1325		18
1273	1326		19
1274	1327		20
1275	1328		21
1276	1329		22
1277	1330		23
1278	1331		24
1279	1332
	1333	+	c. is funded through the Home - and Community-Based Waiver
	1334	+	Services Program administered by the Division;
	1335	+	69. "Successful adulthood progr am" means a program specifically
	1336	+	designed to assist a child to enhance those skills and abilities
	1337	+	necessary for successful adult living. A successful adulthood
	1338	+	program may include, but shall not be limited to, such features as
	1339	+	minimal direct staff supervi sion, and the provision of supportive
1280	1340		services to assist children with activities necessary for findi ng an
1281	1341		appropriate place of residence, completing an e ducation or
1282	1342		vocational training, obtaining employment, or obtaining other
1283	1343		similar services;
1284	1344		70. "Temporary custody" means court-ordered custody of an
1285	1345		adjudicated deprived child;
1286	1346		71. "Therapeutic foster family home" means a foster family home
1287	1347		which provides specific treatment services, pursuant to a
1288	1348		therapeutic foster care contract, which are designed to remedy
1289	1349		social and behavioral problems of a foster child residing in the
1290	1350		home;
1291	1351		72. "Trafficking in persons" means sex trafficking or severe
1292	1352		forms of trafficking in persons as described in Section 7102 of
1293	1353		Title 22 of the United State s Code:
1294	1354		a. "sex trafficking" means the recruitment, harboring,
1295	1355		transportation, provision, obtaining, patronizing or
1296		-	soliciting of a person for the purpose of a commercial
1297		-	sex act, and
1298		-	b. "severe forms of trafficking in persons " means:
1299		-	(1) sex trafficking in which a commercial sex act is
1300		-	induced by force, fraud, or coercion, or in which
1301		-	the person induced to perform such act has not
1302		-	attained eighteen (18) years of age, or
1303	1356
1304		-	ENGR. H. B. NO. 1369 Page 27 1
	1357	+	HB1369 HFLR Page 27
	1358	+	BOLD FACE denotes Committee Amendments.
	1359	+	1
1305	1360		2
1306	1361		3
1307	1362		4
1308	1363		5
1309	1364		6
1310	1365		7
1311	1366		8
1312	1367		9
1313	1368		10
1314	1369		11
1315	1370		12
1316	1371		13
1317	1372		14
1318	1373		15
1319	1374		16
1320	1375		17
1321	1376		18
1322	1377		19
1323	1378		20
1324	1379		21
1325	1380		22
1326	1381		23
1327	1382		24
1328	1383
	1384	+	soliciting of a person for the purpose of a commercial
	1385	+	sex act, and
	1386	+	b. "severe forms of trafficking in persons " means:
	1387	+	(1) sex trafficking in which a commercial sex act is
	1388	+	induced by force, fraud, or coercion, or in which
	1389	+	the person induced to perform such act has not
	1390	+	attained eighteen (18) years of age, or
1329	1391		(2) the recruitment, harboring, transportation,
1330	1392		provision, obtaining, patronizing o r soliciting
1331	1393		of a person for labor or services, through the
1332	1394		use of force, fraud, or coercion for the purpose
1333	1395		of subjection to inv oluntary servitude, peonage,
1334	1396		debt bondage, or slavery ;
1335	1397		73. "Transitional living program" means a residential program
1336	1398		that may be attached to an existing f acility or operated solely for
1337	1399		the purpose of assisting children to develop the skills and
1338	1400		abilities necessary for successful adult living. The program may
1339	1401		include, but shall not be limited to, reduced staff supervision,
1340	1402		vocational training, educational s ervices, employment and employment
1341	1403		training, and other appropriate independent living skills training
1342	1404		as a part of the transitional living program; and
1343	1405		74. "Voluntary foster care placement" means the temporary
1344	1406		placement of a child by the parent, legal gua rdian or custodian of
1345	1407		the child in foster care pursuant to a signed placement agreement
1346		-	between the Department or a child-placing agency and the child 's
1347		-	parent, legal guardian or custodian.
1348		-	SECTION 2. This act shall become effective November 1, 2023.
1349	1408
1350		-	ENGR. H. B. NO. 1369 Page 28 1
	1409	+	HB1369 HFLR Page 28
	1410	+	BOLD FACE denotes Committee Amendments.
	1411	+	1
1351	1412		2
1352	1413		3
1353	1414		4
1354	1415		5
1355	1416		6
1356	1417		7
1357	1418		8
1358	1419		9
1359	1420		10
1360	1421		11
1361	1422		12
1362	1423		13
1363	1424		14
1364	1425		15
1365	1426		16
1366	1427		17
1367	1428		18
1368	1429		19
1369	1430		20
1370	1431		21
1371	1432		22
1372	1433		23
1373	1434		24
1374	1435
1375		-	Passed the House of Representatives the 13th day of March, 2023.
	1436	+	between the Department or a child-placing agency and the child 's
	1437	+	parent, legal guardian or custodian.
	1438	+	SECTION 2. This act shall become effective November 1, 2023.
1376	1439
1377		-
1378		-
1379		-
1380		-	Presiding Officer of the House
1381		-	of Representatives
1382		-
1383		-
1384		-
1385		-	Passed the Senate the ___ day of __________, 2023.
1386		-
1387		-
1388		-
1389		-
1390		-	Presiding Officer of the Senate
1391		-
1392		-
	1440	+	COMMITTEE REPORT BY: COMMITTEE ON CHILDREN, YOUTH AND FAMILY
	1441	+	SERVICES, dated 03/01/2023 - DO PASS, As Amended and Coauthored.