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SENATE FLOOR VERSION
April 11, 2023
ENGROSSED HOUSE
BILL NO. 1842 By: Kerbs, Munson, and Pittman
of the House
and
Montgomery of the Senate
An Act relating to children; amending 10A O.S. 2021,
Section 2-7-202, which relates to the Offic e of
Juvenile Affairs; modifying po wers and duties of the
Executive Director; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 2 -7-202, is
amended to read as follows:
Section 2-7-202. A. There is hereby created the O ffice of
Juvenile Affairs which shall be responsible for programs and
services for youthful offenders and juveniles alleged or adjudi cated
to be delinquent or in need of supervis ion. Within The Executive
Director shall be responsible for established divisions and
appointing Division Directors within the Office of Juvenile Affairs
there is hereby created:
1. The Division of Institutio nal Services which shall be
responsible for the institutions operated by or contracted for by
the Office of Juvenile Affair s;
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2. The Division of Community-based Youth Services which shall
be responsible for contracting with, monitoring, evaluation and
support of community-based Youth Services Agencie s;
3. The Division of Juvenile and Treatment Services which shall
be responsible for intake, probation and parole services ,
supervision and placement of juvenile s and the contracting for,
monitoring and evalua tion of residential and treatment programs
other than institutions and community-based Youth Services Agencies;
and
4. Such other divisions specifically established by the
Executive Director of the Office of Juvenile Affairs, with the
approval of the Boar d.
The Executive Director of the Office of Juv enile Affairs, with
the approval of the Board, shall appoint a Director of th e Division
of Institutional Services, a Direct or of the Division of Community -
based Youth Services, and a Director of the Division of Juvenile and
Treatment Services to serve as t he administrative head of each
division, respectively. The Division Director s shall have at least
six (6) years of experie nce in the same or similar programs or
facilities as they are to supervise and a baccal aureate degree or
higher level of education .
B. Suitable office space shall be provided by the Office of
Management and Enterprise Services to the Office of Juvenile
Affairs, to the extent necessary for the Office to implement its
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jurisdictional duties pr ovided by the Oklahoma Juvenile Code, and
the Office may incur necessary expenses for office rent.
C. Effective July 1, 19 95, the Office of Juvenile Affairs shall
be a Merit System agency and all employees o f the Office of Juvenile
Affairs shall be classi fied employees who are subject to the
Oklahoma Personnel Act and the Merit System of Personnel
Administration, except as ot herwise provided by law. Effective June
1, 2020, employees hired for service at the Southwest Oklahoma
Juvenile Center in Manitou sh all be considered unclassified and
employed in a term-limited appointment. If state services continue
at the facility afte r the designated term, the employee may be
transferred into a non-term-limited position. Current employees and
employees hired prior to June 1, 2020, shall not be subject to this
provision.
D. Effective July 1, 1995, within its jurisdictional areas of
responsibility, the Office of Juvenile Affairs, acting through the
Executive Director, or persons authorized by law, rule or designated
by the Executive Director to perform such act s, shall have the power
and duty to:
1. Advise, consult, cooperate and enter into agreements with
agencies of the state, m unicipalities and counties, other state s and
the federal government, and other persons;
2. Enter into agreements for, accept, admini ster and use,
disburse and administer grants of money, personnel and property from
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the federal government or any department or agency thereof, or from
any state or state agency, or from any other source, to pro mote and
carry on in this state any program wi thin its jurisdictional area of
responsibility;
3. Require the establishment and maintenance of records and
reports;
4. Establish a system of training for perso nnel in order to
assure uniform statewide applic ation of law and rules;
5. Enforce the provis ions of the Oklahoma Juvenile Code and
rules promulgated thereunder and order s issued pursuant thereto;
6. Charge and receive fees pursuant to fee schedules
promulgated by the Board of Juvenile Affairs;
7. Conduct studies, research and planning of progra ms and
functions, pursuant to the authority granted by the Oklahoma
Juvenile Code;
8. Enter into interagency agreements;
9. Provide administrative and support s ervices to the Board of
Juvenile Affairs as nece ssary to assist the Board in the performance
of their its duties;
10. Establish and maintain such facilities and instituti ons as
are necessary or convenient for the operati on of programs for
children under the j urisdiction of the Office of Juvenile Affair s;
11. Lease, from time to time, any real pro perty which the Board
of Juvenile Affairs shall determine advisable to more f ully carry
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into effect the operation of the Office of Juvenile Affairs in
accordance with applicable state statutes. All such leases for real
property shall be subject to the pro visions of Section 63 of Title
74 of the Oklahoma Statutes;
12. Purchase or lease any equipment, supplies or materials
pursuant to The the Oklahoma Central Purchasing Ac t;
13. Contract for professional services;
14. Acquire, construct, extend, and opera te any and all
facilities of all kinds which in the judgment of the Executive
Director and the approval of the Legislature shall be necessary or
convenient to carry out t he duties of the Office of Juvenile
Affairs, as authorized by law; and
15. Establish an employee recruitment and referral incentive
program and promulgate internal ag ency policy for the operation of
the program, which may include, but shall not be limited to, program
purposes, pay incentives for employees, eligibility requirements,
payment conditions and amounts, payment methods, payment recoupment,
and record keeping; and
16. Exercise all incidental powers which are necessary and
proper to implement and administer the purposes of the Oklahoma
Juvenile Code.
E. The Office of Juvenile Affa irs shall maintain a fair, simple
and expeditious system for resolution of grieva nces of all persons
committed to the Office of Juvenile Affairs regarding the substance
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or application of any written or unwritten po licy, rule of the Board
of Juvenile Affairs or of an agent or contractor of the Office of
Juvenile Affairs or any decision, behavior or action by an employee,
agent or contractor or by any other person committed to the Office
of Juvenile Affairs.
F. Effective November 1, 2012, the Office of Juven ile Affairs
shall establish a system of certification in accordance with the
Oklahoma Child Care Facilities Licensing Act for the shelters
managed and operated by the Dep artment of Human Services pursuant to
the requirements of Section 1-9-111 of this title. The Office of
Juvenile Affairs shall certify shelters pursuant to the require ments
of existing rules as established by the Oklahoma Commission on
Children and Youth u ntil such time the Office of Juvenile Affair s
has promulgated rules for the certificat ion of shelters.
SECTION 2. It being immediately necessary for the preservatio n
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall tak e effect and
be in full force from and aft er its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
April 11, 2023 - DO PASS