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SENATE FLOOR VERSION
February 16, 2023
SENATE BILL NO. 533 By: Rosino of the Senate
and
Lawson of the House
An Act relating to children; amending 10A O.S. 2021,
Section 1-9-119, which relates to statement of foster
parent’s rights; expanding rights relating to
grievances; amending 10A O.S. 2021, Section 1 -9-120,
which relates to grievance procedures for foster
parents; broadening applicability of certain
recordkeeping requirement; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -9-119, is
amended to read as follows:
Section 1-9-119. A. A statement of foster parent ’s rights
shall be given to every foster parent an nually and shall include,
but not be limited to, the right to:
1. Be treated with dignity, respect, and consideration as a
professional member of the child welfare team;
2. Be notified of and be given appropriate, o ngoing education
and continuing educati on and training to develop and enhance foster
parenting skills;
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3. Be informed about ways to contact the state agency or the
child-placing agency in order to receive information and assistance
to access supportive se rvices for any child in the foster pare nt’s
care;
4. Receive timely financial reimbursement for providing foster
care services;
5. Be notified of any costs or expenses for which the foster
parent may be eligible for reimbursement;
6. Be provided a clear , written explanation of the individual
treatment and service plan concerning the child in the foster
parent’s home, listing components of the plan pursuant to the
provisions of the Oklahoma Children ’s Code;
7. Receive, at any time during which a child is placed with the
foster parent, additio nal or necessary information that is relevant
to the care of the child;
8. Be notified of scheduled review meetings, per manency
planning meetings, family team meetings and special staffing
concerns for any foster chi ld placed in the foster parent ’s home in
order to actively participate in the case planning and decision -
making process regarding the child;
9. Provide input concerning the plan of services for the child
and to have that input be given full consideration in the same
manner as information prese nted by any other professional on the
team;
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10. Communicate with other foster par ents in order to share
information regarding the foster child. In particular, receive any
information concerning the number of times a foster child has been
moved and the reasons why, and the names and telephone numbers of
the previous foster parent if th e previous foster parent has
authorized such release;
11. Communicate with other professionals who work with the
foster child within t he context of the team including, but n ot
limited to, therapists, physicians, and teachers;
12. Be given, in a timely an d consistent manner, any
information regarding the child and the child ’s family which is
pertinent to the care and needs of the child a nd to the making of a
permanency plan for the child. Disclosure of information shall be
limited to that information whic h is authorized by the provisions of
Chapter VI Chapter 6 of the Oklahoma Children ’s Code for foster
parents;
13. Be given reasonable notice of any change in or addition to
the services provided to the child pursuant to the child ’s
individual treatment and service plan;
14. a. Be given written notice of :
(1) plans to terminate the placement of the child
with the foster parent pursuant t o Section 1-4-
805 of this title, and
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(2) the reasons for the changes or termination in
placement.
b. The notice shall be waived only in emergency cases
pursuant to Section 1-4-805 of this title;
15. Be notified by the applicable state agency in a timely a nd
complete manner of all court hearing s, including notice of the date
and time of any court hearing, the name of the judge or heari ng
officer hearing the case, the locati on of the hearing, and the court
docket number of the case;
16. Be informed of decis ions made by the court, the state
agency or the child-placing agency concerning the child;
17. Be considered as a preferred placeme nt option when a foster
child who was formerly placed with the foster parent is to reenter
foster care at the same level and type of care, if that placement is
consistent with the best interest of the child and other children in
the home of the foster pare nt;
18. Be provided a fair, timely, an d impartial investigation of
complaints concerning the certification of the foster pa rent;
19. Be provided the opportunity to request and receive a fair
and impartial hearing regarding decisions that affect certifica tion
retention or placement of children in the home;
20. Be allowed the right to exercise parental substitute
authority;
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21. Have timely access to the appeals pr ocess of the state
agency and child placement agency and the right to be free from acts
of harassment and retaliation by any other p arty when exercising the
right to appeal;
22. Be given the number of the statewide t oll-free Foster
Parent Hotline;
23. File a grievance and be informed of the process for filing
a grievance. Grievances shall be confidential and the foster parent
has the right to be free from acts of harassment and ret aliation by
any other party when ex ercising the right to file a grievance ; and
24. Receive a copy of the liability insurance policy the
Department of Human Services maintains for every Department -
contracted foster home placement.
B. The Department of Human Services and a child -placing agency
under contract with the Department shall be responsible for
implementing this section.
C. Nothing in this section shall be construed to create a
private right of action or claim on the part of any individual, the
Department, the Office of Juvenile Aff airs, or any child-placing
agency.
SECTION 2. AMENDATORY 10A O.S. 2021, Section 1 -9-120, is
amended to read as follows:
Section 1-9-120. A. The Office of Client Advocacy and child -
placing agencies shall each establish grievance procedures for
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foster parents with whom the Department of Human Services or child -
placing agencies contract . The Office of Client Ad vocacy shall work
with the Office of Juvenile System Oversight to track foster parent
complaints through the grievance proc edures and ensure a resolution
of the complaint.
B. The procedures established shall contain the following
minimum requirements:
1. Resolution of disputes with foster parents shall be
accomplished quickly, informally and at the lowest possible level,
but shall provide for access to impartial arbitration by management
level personnel within the central office;
2. Prompt resolution of grievances no more than sixty (60) days
after receipt of the grievance or complaint; and
3. Notification to all foster par ents upon placement of a child
about the grievance procedures and how to file a complaint.
C. The Office of Client Advocacy and each child-placing agency
shall designate one employee at the central office to receive and
process foster care grievances rece ived by the Office of Juvenile
System Oversight.
D. The Office of Client Advocacy and each child-placing agency
shall maintain records of each grievance filed as well as summary
information about the number, nature and outcome of all grievances
filed. The Office of Client Advocacy and the Office of Juvenile
System Oversight shall compile an annual report for the Oklahoma
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Legislature that detail s the number of complaints received, the
number of complaints resolved, the nature of the complaints and any
other information requested by the Legislature. Agencies The Office
of Client Advocacy and child-placing agencies shall keep records of
grievances separate and apart from other foster parent files. A
foster parent or a former foster parent shall have a right of access
to the record of grievances such person filed after the procedure
has been completed.
E. 1. Each foster parent shall have the right, without fea r of
reprisal or discrimination, to present grievances with respect to
the providing of foster care services.
2. The Department of Human Services shall promptly initiate a
plan of corrective discipline including, but not limited to,
dismissal of any Depar tment employee or cancellation or nonrenewal
of the contract of a child -placing agency determined b y the state
agency, through an investigation to have retaliated or discriminated
against a foster parent who has:
a. filed a grievance pursuant to the provis ions of this
section,
b. provided information to any official or Department
employee, or
c. testified, assisted, or otherwi se participated in an
investigation, proceeding or hearing against the
Department or the child -placing agency.
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3. The provisions of this subsection shall not be construed to
include any complaint by the foster parent resulting from an
administrative, civi l or criminal action taken by the employee or
child-placing agency for violations of law or rules, or contract
provisions by the fost er parent.
SECTION 3. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMA N SERVICES
February 16, 2023 - DO PASS