OK
Oklahoma House Bill HB1842

Oklahoma 2023 Regular Session

Oklahoma House Bill HB1842 Compare Versions

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334 BILL NO. 1842 By: Kerbs, Munson, and Pittman
435 of the House
536
637 and
738
839 Montgomery of the Senate
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1443 An Act relating to children; amending 10A O.S. 2021,
1544 Section 2-7-202, which relates to the Offic e of
1645 Juvenile Affairs; modifying po wers and duties of the
1746 Executive Director; and declaring an emergency.
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22-SUBJECT: Children
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2451 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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2652 SECTION 1. AMENDATORY 10A O.S. 2021, Section 2 -7-202, is
2753 amended to read as follows:
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2954 Section 2-7-202. A. There is hereby created the O ffice of
3055 Juvenile Affairs which shall be responsible for programs and
3156 services for youthful offenders and juveniles alleged or adjudi cated
3257 to be delinquent or in need of supervis ion. Within The Executive
3358 Director shall be responsible for established divisions and
3459 appointing Division Directors within the Office of Juvenile Affairs
3560 there is hereby created:
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3761 1. The Division of Institutio nal Services which shall be
3862 responsible for the institutions operated by or contracted for by
3963 the Office of Juvenile Affair s;
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4191 2. The Division of Community-based Youth Services which shall
4292 be responsible for contracting with, monitoring, evaluation and
4393 support of community-based Youth Services Agencie s;
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4594 3. The Division of Juvenile and Treatment Services which shall
46-be responsible for intake, probation and parole services , ENR. H. B. NO. 1842 Page 2
95+be responsible for intake, probation and parole services ,
4796 supervision and placement of juvenile s and the contracting for,
4897 monitoring and evalua tion of residential and treatment programs
4998 other than institutions and community-based Youth Services Agencies;
5099 and
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52100 4. Such other divisions specifically established by the
53101 Executive Director of the Office of Juvenile Affairs, with the
54102 approval of the Boar d.
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56103 The Executive Director of the Office of Juv enile Affairs, with
57104 the approval of the Board, shall appoint a Director of th e Division
58105 of Institutional Services, a Direct or of the Division of Community -
59106 based Youth Services, and a Director of the Division of Juvenile and
60107 Treatment Services to serve as t he administrative head of each
61108 division, respectively. The Division Director s shall have at least
62109 six (6) years of experie nce in the same or similar programs or
63110 facilities as they are to supervise and a baccal aureate degree or
64111 higher level of education .
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66112 B. Suitable office space shall be provided by the Office of
67113 Management and Enterprise Services to the Office of Juvenile
68114 Affairs, to the extent necessary for the Office to implement its
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69142 jurisdictional duties pr ovided by the Oklahoma Juvenile Code, and
70143 the Office may incur necessary expenses for office rent.
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72144 C. Effective July 1, 19 95, the Office of Juvenile Affairs shall
73145 be a Merit System agency and all employees o f the Office of Juvenile
74146 Affairs shall be classi fied employees who are subject to the
75147 Oklahoma Personnel Act and the Merit System of Personnel
76148 Administration, except as ot herwise provided by law. Effective June
77149 1, 2020, employees hired for service at the Southwest Oklahoma
78150 Juvenile Center in Manitou sh all be considered unclassified and
79151 employed in a term-limited appointment. If state services continue
80152 at the facility afte r the designated term, the employee may be
81153 transferred into a non-term-limited position. Current employees and
82154 employees hired prior to June 1, 2020, shall not be subject to this
83155 provision.
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85156 D. Effective July 1, 1995, within its jurisdictional areas of
86157 responsibility, the Office of Juvenile Affairs, acting through the
87158 Executive Director, or persons authorized by law, rule or designated
88159 by the Executive Director to perform such act s, shall have the power
89160 and duty to:
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91161 1. Advise, consult, cooperate and enter into agreements with
92162 agencies of the state, m unicipalities and counties, other state s and
93163 the federal government, and other persons;
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95164 2. Enter into agreements for, accept, admini ster and use,
96165 disburse and administer grants of money, personnel and property from
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97193 the federal government or any department or agency thereof, or from
98194 any state or state agency, or from any other source, to pro mote and
99195 carry on in this state any program wi thin its jurisdictional area of
100196 responsibility;
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102197 3. Require the establishment and maintenance of records and
103198 reports;
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105199 4. Establish a system of training for perso nnel in order to
106200 assure uniform statewide applic ation of law and rules;
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108201 5. Enforce the provis ions of the Oklahoma Juvenile Code and
109202 rules promulgated thereunder and order s issued pursuant thereto;
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111203 6. Charge and receive fees pursuant to fee schedules
112204 promulgated by the Board of Juvenile Affairs;
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114205 7. Conduct studies, research and planning of progra ms and
115206 functions, pursuant to the authority granted by the Oklahoma
116207 Juvenile Code;
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118208 8. Enter into interagency agreements;
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120209 9. Provide administrative and support s ervices to the Board of
121210 Juvenile Affairs as nece ssary to assist the Board in the performance
122211 of their its duties;
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124212 10. Establish and maintain such facilities and instituti ons as
125213 are necessary or convenient for the operati on of programs for
126214 children under the j urisdiction of the Office of Juvenile Affair s;
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128215 11. Lease, from time to time, any real pro perty which the Board
129216 of Juvenile Affairs shall determine advisable to more f ully carry
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130244 into effect the operation of the Office of Juvenile Affairs in
131245 accordance with applicable state statutes. All such leases for real
132246 property shall be subject to the pro visions of Section 63 of Title
133247 74 of the Oklahoma Statutes;
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135248 12. Purchase or lease any equipment, supplies or materials
136249 pursuant to The the Oklahoma Central Purchasing Ac t;
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138250 13. Contract for professional services;
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140251 14. Acquire, construct, extend, and opera te any and all
141252 facilities of all kinds which in the judgment of the Executive
142253 Director and the approval of the Legislature shall be necessary or
143254 convenient to carry out t he duties of the Office of Juvenile
144255 Affairs, as authorized by law; and
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146256 15. Establish an employee recruitment and referral incentive
147257 program and promulgate internal ag ency policy for the operation of
148258 the program, which may include, but shall not be limited to, program
149259 purposes, pay incentives for employees, eligibility requirements,
150260 payment conditions and amounts, payment methods, payment recoupment,
151261 and record keeping; and
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153262 16. Exercise all incidental powers which are necessary and
154263 proper to implement and administer the purposes of the Oklahoma
155264 Juvenile Code.
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157265 E. The Office of Juvenile Affa irs shall maintain a fair, simple
158266 and expeditious system for resolution of grieva nces of all persons
159267 committed to the Office of Juvenile Affairs regarding the substance
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160295 or application of any written or unwritten po licy, rule of the Board
161296 of Juvenile Affairs or of an agent or contractor of the Office of
162297 Juvenile Affairs or any decision, behavior or action by an employee,
163298 agent or contractor or by any other person committed to the Office
164299 of Juvenile Affairs.
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166300 F. Effective November 1, 2012, the Office of Juven ile Affairs
167301 shall establish a system of certification in accordance with the
168302 Oklahoma Child Care Facilities Licensing Act for the shelters
169303 managed and operated by the Dep artment of Human Services pursuant to
170304 the requirements of Section 1-9-111 of this title. The Office of
171305 Juvenile Affairs shall certify shelters pursuant to the require ments
172306 of existing rules as established by the Oklahoma Commission on
173307 Children and Youth u ntil such time the Office of Juvenile Affair s
174308 has promulgated rules for the certificat ion of shelters.
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176309 SECTION 2. It being immediately necessary for the preservatio n
177310 of the public peace, health or safety, an emergency is hereby
178311 declared to exist, by reason whereof this act shall tak e effect and
179-be in full force from and after its passage and approval. ENR. H. B. NO. 1842 Page 5
180-Passed the House of Representatives the 21st day of February,
181-2023.
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186- Presiding Officer of the House
187- of Representatives
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190-Passed the Senate the 24th day of April, 2023.
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195- Presiding Officer of the Senate
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198-OFFICE OF THE GOVERNOR
199-Received by the Office of the Governor this ____________________
200-day of ___________________, 20_______, at _______ o'clock _______ M.
201-By: _________________________________
202-Approved by the Governor of the State of Oklahoma this _____ ____
203-day of ___________________, 20_______, at _______ o'clock _______ M.
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205-
206- _________________________________
207- Governor of the State of Oklahoma
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209-OFFICE OF THE SECRETARY OF STATE
210-Received by the Office of the Secretary of State this __________
211-day of ___________________, 20_______, at _______ o'clock _______ M.
212-By: _________________________________
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312+be in full force from and aft er its passage and approval.
313+COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
314+April 11, 2023 - DO PASS