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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1382 By: Talley of the House
and
Hall of the Senate
COMMITTEE SUBSTITUTE
An Act relating to children; amending 10 O.S. 2021,
Sections 1116.2 and 1116.6, which relate to
postadjudication review boards; removing requirement
that review board shall be subject to the Oklahoma
Open Meeting Act; requiring certain information be
included in certain report; amending 25 O.S. 2021,
Section 304, as amended by Section 1 , Chapter 123,
O.S.L. 2022 (25 O.S. Supp. 2023, Section 304), which
relates to the Oklahoma Open Meeting Act ; providing
exception; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 10 O.S. 2021, Section 1116.2, is
amended to read as follows:
Section 1116.2 A. There is hereby established a
postadjudication review board in each judicial dist rict in the
state. Members and alternate members of the postadjudicati on review
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boards shall be residents of or employed wit hin the judicial
district in which the board serves and shall be appointed by the
Director of the Oklahoma Commission on Children a nd Youth after
consultation with judges in the judicial district having juvenile
docket responsibility, provided that in the event of a conflict of
interest or for any reason when circumstances or the appearances of
justice dictate, the Director of the Okl ahoma Commission on Children
and Youth may transfer the appointment dec ision to the entire
Oklahoma Commission on Children an d Youth whose decision shall be
final and further, provided, that any aggrieved aspirant may appeal
the decision denying appointment by the Director of the Oklahoma
Commission on Children and Youth with in five (5) days to the
Oklahoma Commission on Children and Youth whose decision shall be
final. The Oklahoma Commission on Children and Youth may establish
additional postadjudication review boards as needed for each county
within a judicial district.
B. A postadjudication review board for each judicial dis trict
shall consist of at least five (5) members. Alternate review board
members may be appointed to serve in the absence of a regularly
appointed board member members. Alternate board members shall be
appointed in the same manner as regularly appointed board me mbers.
On and after September 1, 1991, currently serving board members
shall serve until appointments are made by the Commiss ion on
Children and Youth. The Commission on Children and Youth sh all
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complete initial appointments to the review boards no later than
June 30, 1992.
C. Board members shall be appointed for a term of three (3)
years. Members shall serve after the expira tion of their terms
until their respective successors shall have be en appointed.
Vacancies shall be filled for the duration of un expired terms. The
review board members shall be appointed according to the following
guidelines:
1. One member shall be a p erson who has training or experience
in issues concerning child wel fare, or a person who has demonstrated
an interest in children through voluntary community service or
professional activities;
2. Whenever possible, at least one member of the board shall be
an individual who has served as a foster parent, provided that n o
person on the review board shall participate as a board membe r in
any review hearing in which the person is a party; and
3. No more than one person employed by any child welfare agency
or juvenile court may be appointed to a board at the same time,
provided such person shall not participate in any review hearing in
which the person is professionally involved.
D. Each postadjudication review board shall annually elect a
chair and shall notify the Commission on Children and Youth as to
the name and address of the chair. A list of the members of each
local board and its officers shall be filed with the Presiding Judge
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of the judicial district and each judge within the district having
juvenile docket responsibility.
E. There shall be a rebuttable presumpti on that a person
participating in a judicial proceeding as a po stadjudication review
board member or a postadjudication review advisory board or
postadjudication review board coordinator is acting in good faith.
When acting in good faith, a participant sh all be immune from any
civil liability that might otherwise be incurred or imposed. Each
postadjudication review board shall meet as often as is necessary at
a place it designates to carry out the duties of the board
established by Section 1116.3 of this title. The review board shall
meet at least twice annually. Each review board shall be subject to
the provisions of the Oklahoma Open Meeting Act, except that the
actual case reviews shal l be held in executive session ; provided,
however, that upon Upon the request of the board, members or
prospective members of other exi sting review boards, students or
researchers may attend and observe but not participate in board
hearings subject to rest rictions and conditions imposed by the
board. Members and employee s of the State Postadjudication Review
Advisory Board who are exerci sing their oversight responsibilities
pursuant to Section 1116.6 of this title may attend and observe but
not participate in board hearings. All parties shall maintain
confidentiality, and the names of the children in placement shall
not be published. Te mporary ad hoc review boards may be created in
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counties in which there is no active review board. The Director of
the Oklahoma Commission on Children and Youth may appoint active or
alternate members of existing review boards to serve as members of
local boards that are unable to meet quorum requirements and to
temporarily constitute members of a new board where no current board
exists. A member appointed to temporary service shall be ful ly
qualified as provided by law, and such service shall terminate wh en
the basis for the appointment is remedied or upon the order of the
Director.
F. As a condition of membership thereto, members and alternates
of the postadjudication review boards shall attend the next
available orientation program after appointment to the board.
Failure to attend an orientation program, at the discretion of the
Commission on Children and Youth, may resu lt in the removal of the
board member. Members of postadjudication review boards shall
attend the annual meeting or training programs or both such meeting
and training programs as are authorized and directed by the
Commission on Children and Youth.
G. Members of postadjudication review boards shall serve
without compensation, but shall be reimbursed for travel and
training expenses from monies appropriated by the Legislature for
such purposes, as provided by the State Travel Reimbursement Act.
The Commission on Children and Youth shall provide members of
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postadjudication review boards with necessary operating supplies and
postage fees or members shall be reimbursed for these expenses.
H. The Commission on Children and Youth shall be responsible
for developing procedures for the removal of a member from a
postadjudication review board. Th e grounds for the removal of a
postadjudication review board member shall include but not be
limited to:
1. Failure to attend board meetings as required by the
Commission on Children and Youth;
2. Engaging in illegal conduct involvin g moral turpitude;
3. Engaging in conduct involving dishonesty, fra ud, deceit, or
misrepresentation; or
4. Wrongful disclosure of information as provided by Section
1116.4 of this title.
I. Necessary staff assistance required by the postadjudication
review boards may be pro vided by the bailiff or bailiffs, or other
person designated by the court, of the judges with juvenile docket
responsibility in the judicial district. Upon the request o f the
presiding judge, the Chief Justice of the Supreme Court may
authorize additional staff to be paid from local court funds to
assist the review board.
The Administrative Director of the Courts may include such
additional funding requests in the annual budget for the courts as
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are necessary to provide staff and admin istrative support for the
review boards.
SECTION 2. AMENDATORY 10 O.S. 2021, Section 1116.6, is
amended to read as follows:
Section 1116.6 A. There is hereby creat ed a State
Postadjudication Review Advisory Board which shall meet at least
twice each calendar year. The Advisory Board shall have the duty of
overseeing the implementation of the state postadjudication review
program in coordination with the Oklahoma Co mmission on Children and
Youth.
B. The Advisory Board shall consist of twenty-one (21) members
appointed by the Governor as follows:
1. Eight of the members shall be members o f the various review
boards throughout the state;
2. Five of the members shall be judges of the district court;
3. Five of the members shall repre sent the general public and
may be foster parents;
4. One of the members appointed after the effective date of
this act shall be a foster parent representing foster parents who
have a current contract with the Department of Human Services to
provide foster care services;
5. One of the members appointed after the effective date of
this act shall be a foster par ent representing child -placing
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agencies which have current contracts with the D epartment to provide
foster care services; and
6. One of the members appointed after the effective date of
this act shall be a foster parent nominated by any local or
statewide foster parent association.
The members shall serve at the pleasure of the Gove rnor. The
administrative heads of the divisions which have foster ca re
responsibilities within the Department of Human Services and the
Office of Juvenile Affairs or their desi gnees shall serve as ex
officio members of the Board.
C. The Director of the O klahoma Commission on Children and
Youth shall be the clerk of the Ad visory Board.
The Advisory Board shall have the duty to:
1. Assist in the training of the members of the re view boards;
2. Serve, in coordination with the Oklahoma Commission on
Children and Youth, as a clearinghouse for reports and information
concerning the foster care review program and the review boards as
they relate to foster care;
3. Make recommendatio ns to the courts, the Oklahoma Commission
on Children and Youth, the Governor, the Legislature, the Department
of Human Services, the Office of Juve nile Affairs, and other state
agencies providing services to children regarding proposed statutory
revisions, and amendments to court rules and procedures, and review
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and make recommendat ions on permanency planning, foster care and
child welfare service de livery policies, guidelines, and procedures;
4. Work with both public and private agencies concerned with
foster care and adoption exchanges to inform the public of the need
for temporary and permanent homes and other services needed by
deprived children; and
5. Specifically:
a. identify, analyze, and recommend solutions to any
issue concerning child welfare a nd foster care
services within the child welfare delivery system,
b. participate in the statewide planning and promotion of
foster parent involvemen t in local planning for child
welfare services, and
c. develop recommendations concerning foster care
training to improve the quality of foster care
services.
D. The State Postadjudicati on Review Advisory Board may
designate multidisciplinary committees o n the local level to act as
advocates for foster parents in order to assist in the resolution of
specific complaints concerning foster care and to help facilitate
the relationship between the Department of Human Services, the
Office of Juvenile Affairs, ch ild-placing agencies, and the foster
parents.
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E. The Oklahoma Commission on Children and Youth, with the
assistance of the State Postadjudication Review Advisory Board,
shall be responsible for developing and administering training
procedures and rules fo r the administration of the state
postadjudication review board system.
F. The State Postadjudication Revie w Advisory Board shall
submit a report of the activities of the review boards, including
the findings and recommendations of such review boards, to the
Oklahoma Commission on Children and Youth on or before May 1 of each
year. The report shall include, but not be limited to, the
following:
1. The location of each review board;
2. The names of the members of each board;
3. The number of cases review ed by each board; and
4. The recommendation categories made by each board.
G. The Oklahoma Commission o n Children and Youth shall
incorporate, as appropriate, the findings and recommen dations of the
review boards in the annual report required by Section 601.9 of this
title.
SECTION 3. AMENDATORY 25 O.S. 2021, Section 304, as
amended by Section 1, Chapter 123, O.S.L. 2022 (25 O.S. Supp. 2023,
Section 304), is amended to read as follows:
Section 304. As used in the Oklahoma Open Meeting Act:
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1. "Public body" means the governing bod ies of all
municipalities located w ithin this state, boards of coun ty
commissioners of the countie s in this state, boards of pub lic and
higher education in this state and all boards, bureaus, commissions,
agencies, trusteeships, authorities, councils, comm ittees, public
trusts or any entity created by a public trust including any
committee or subcommi ttee composed of any of the me mbers of a public
trust or other legal entity receiving funds from the Rural Economic
Action Plan Fund as authorized by Section 2 007 of Title 62 of the
Oklahoma Statutes, task forces or study gro ups in this state
supported in whole or in part by public fun ds or entrusted with the
expending of public funds, or administering public property, and
shall include all committees or subcomm ittees of any public body.
Public body shall not include the stat e judiciary, the Council on
Judicial Complaints when conducti ng, discussing, or deliberating any
matter relating to a complaint received or filed with th e Council,
the Legislature, or admini strative staffs of public bodies
including, but not limited to, f aculty meetings and athletic st aff
meetings of institutions o f higher education when those staffs are
not meeting with the public body, or entry -year assistance
committees. Furthermore, publ ic body shall not include the
multidisciplinary teams provided fo r in Section 1-9-102 of Title 10A
of the Oklahoma Statutes , in Section 2 of this act 10-115 of Title
43A of the Oklahoma Statutes , and in subsection C of Section 1-502.2
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of Title 63 of the Ok lahoma Statutes or any school board meeting for
the sole purpose of considerin g recommendations of a
multidisciplinary team and decid ing the placement of any child who
is the subject of the recommendations. Furthermore , public body
shall not include meeti ngs conducted by stewards designated by the
Oklahoma Horse Racing Commission p ursuant to Section 203.4 of Titl e
3A of the Oklahoma St atutes when the stewards are officiati ng at
races or otherwise enforcing rules of the Commission. Furthermore,
public body shall not include the board of directors of a Fed erally
Qualified Health Cent er or the postadjudication review boards
provided for in Sections 1116.2 and 1116.3 of Title 10 of the
Oklahoma Statutes;
2. "Meeting" means the conduct of business of a public body by
a majority of its members being personally together or, as
authorized by Section 307.1 of this title, together pursuant to a
videoconference. Meeting shall not include informal gatherings of a
majority of the members of the public body when no bus iness of the
public body is discu ssed;
3. "Regularly scheduled meeting" means a meeting at which the
regular business of the public body is conducted;
4. "Special meeting" means any meeting of a public body other
than a regularly scheduled meeting or eme rgency meeting;
5. "Emergency meeting" means any meeting called for the purpose
of dealing with an emergency. For purposes of the O klahoma Open
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Meeting Act, an emerge ncy is defined as a situatio n involving injury
to persons or injury and damage to publi c or personal property or
immediate financial loss when the time requirements for pub lic
notice of a special meeting would make such p rocedure impractical
and increase the likelihood of injury or d amage or immediate
financial loss;
6. "Continued or reconvened meeting" means a meeting whic h is
assembled for the purpose of finishing busines s appearing on an
agenda of a previous meeting. For the purposes of the Oklahoma Op en
Meeting Act, only matters on the agenda of the p revious meeting at
which the announcement of the continuance is made m ay be discussed
at a continued or reconvened meetin g;
7. "Videoconference" means a conference among members of a
public body remote fr om one another who are linke d by interactive
telecommunication devices or technology and/or technology permitting
both visual and auditory communication between and among m embers of
the public body and/or between and amon g members of the public body
and members of the public. During any videoconference, b oth the
visual and auditory communications functions shall attempt to be
utilized; and
8. "Teleconference" means a conference among members of a
public body remote from one another who are linked by
telecommunication devices and/or technology permitting a uditory
communication between and among members of the public body and /or
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between and among members of the public body an d members of the
public.
SECTION 4. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON CHILDREN, YOUTH AND FAMILY
SERVICES, dated 02/14/2024 - DO PASS, As Amended and Coauthored.