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SENATE FLOOR VERSION
April 9, 2024
ENGROSSED HOUSE
BILL NO. 1382 By: Talley of the House
and
Hall of the Senate
An Act relating to children; amending 10 O.S. 2021,
Sections 1116.2 and 1116.6, which relate to
postadjudication review boards; rem oving 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, S ection 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 OKLAHOMA:
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 district in the
state. Members and alternate members of the postadjudication review
boards shall be residents of or employed within the judicial
district in which the board serves and shall be appointed by the
Director of the Oklahoma Commission on Children and Youth after
consultation with judges in the judicial district having juvenile
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docket responsibility, provided that in the even t of a conflict of
interest or for any reason when circumstances or the appearances of
justice dictate, the Director of the Oklahoma Commission on Children
and Youth may transfer the appointment decision to the entire
Oklahoma Commission on Children and Yo uth 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 within five (5) days to the
Oklahoma Commission on Children an d 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 distri ct
shall consist of at least five (5) members. Alternate review board
members may be appointed to serve in the ab sence of a regularly
appointed board member members. Alternate board members shall be
appointed in the same manner as regularly appointed boa rd members.
On and after September 1, 1991, currently serving board members
shall serve until appointments are made by the Commission on
Children and Youth. The Commission on Children and Youth shall
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 expiration of their terms
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until their respective successors shall have been appointed.
Vacancies shall be filled for the duration of unexpired terms. The
review board members shall be appointed according to the following
guidelines:
1. One member shall be a person who has training or experience
in issues concerning child welfare, 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 no
person on the review board shall participate as a board member 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 heari ng 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
of the judicial district and each judge within the district having
juvenile docket responsibility.
E. There shall be a rebuttable presumption that a person
participating in a judicial proceeding as a postadjudication review
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board member or a postadjudication review advisory board or
postadjudication review boa rd coordinator is acting in good faith.
When acting in good faith, a participant shall be immune from any
civil liability that might otherwis e 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 annuall y. Each review board shall be subject to
the provisions of the Oklahoma Open Meeting Act, except that the
actual case reviews shall be held in executive session; provided,
however, that upon Upon the request of the board, members or
prospective members of other existing review boards, students or
researchers may attend and observe but not participate in board
hearings subject to restrictions and conditions imposed by the
board. Members and employees of the State Postadjudication Review
Advisory Board who are exercising their oversight responsibilities
pursuant to Section 1116.6 of this title may attend and observe bu t
not participate in board hearings. All parties shall maintain
confidentiality, and the names of the children in placement shall
not be published. Temporary ad hoc review boards may be created in
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
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temporarily constitute members of a new board where no current board
exists. A member appointed to temporary service shall be fully
qualified as provided by law, and such service shall te rminate when
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 appoi ntment to the board.
Failure to attend an orientation program, at the discretion of the
Commission on Children an d Youth, may result 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
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. The grounds for the removal of a
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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 involving moral turpitude;
3. Engaging in conduct involving dishone sty, fraud, 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 provided by the bailiff or bailiffs, or ot her
person designated by the court, of the judges with juvenile docket
responsibility in the judicial district. U pon the request of the
presiding judge, the Chief Justice of the Supreme Court may
authorize additional staff to be paid from local court fund s 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
are necessary to provide staff and administrative 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. Ther e is hereby created a State
Postadjudication Review Advisory Board which shall meet at least
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twice each calendar year. The Advisory Board sha ll have the duty of
overseeing the implementation of the state postadjudication review
program in coordination with the Oklahoma Commission 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 of 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 represent 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 parent representing child -placing
agencies which have current con tracts with the Department 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 Governor. The
administrative heads of the divisions which have foster care
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responsibilities within the Department of Human Servi ces and the
Office of Juvenile Affairs or their designees shall serve as ex
officio members of the Board.
C. The Director of the Oklahoma Commission on Children and
Youth shall be the clerk of the Advisory Board.
The Advisory Board shall have the duty to:
1. Assist in the training of the members of the review 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 a s
they relate to foster care;
3. Make recommendations to the courts, the Oklahoma Commission
on Children and Yout h, the Governor, the Legislature, the Department
of Human Services, the Office of Juvenile Affairs, and other state
agencies providing service s to children regarding proposed statutory
revisions, and amendments to court rules and procedures, and review
and make recommendations on permanency planning, foster care and
child welfare service delivery 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:
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a. identify, analyze, and recomme nd solutions to any
issue concerning child welfare and foster care
services within the child welfare delivery system,
b. participate in the statewide planning and promotion of
foster parent involvement 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 Postadjudication Review Advisory Board may
designate multidisciplinary committees on 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, child -placing agencies, and the foster
parents.
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 for the administration of the state
postadjudication revie w board system.
F. The State Postadjudication Review Advisory Board shall
submit a report of the activities of the review boards, including
the findings and recommendations of such review boards, to the
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Oklahoma Commission on Children and Youth on or befo re May 1 of each
year. The report shall include, but not be limited to, the
following:
1. The location of each r eview board;
2. The names of the members of each board;
3. The number of cases reviewed by each board; and
4. The recommendation categories made by each board.
G. The Oklahoma Commission on Children and Youth shall
incorporate, as appropriate, the findings and recommendations 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:
1. "Public body" means the governing bodie s of all
municipalities located within this state, boards of county
commissioners of the counties in this state, boards of public and
higher education in this state and all boards, bureaus, commissions,
agencies, trusteeships, authorities, councils, commit tees, public
trusts or any entity created by a public trust including any
committee or subcommittee composed of an y of the members of a public
trust or other legal entity receiving funds from the Rural Economic
Action Plan Fund as authorized by Section 200 7 of Title 62 of the
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Oklahoma Statutes, task forces or study groups in this state
supported in whole or in part by public funds or entrusted with the
expending of public funds, or administering public property, and
shall include all committees or subcommit tees of any public body.
Public body shall not include the state judiciary, the Council on
Judicial Complaints wh en conducting, discussing, or deliberating any
matter relating to a complaint received or filed with the Council,
the Legislature, or administ rative staffs of public bodies
including, but not limited to, faculty meetings and athletic staff
meetings of institutions of higher education when those staffs are
not meeting with the public body, or entry -year assistance
committees. Furthermore, public body shall not include the
multidisciplinary teams provided for in Section 1 -9-102 of Title 10A
of the Oklahoma Statutes, in Section 2 10-115 of this act Title 43A
of the Oklahoma Statutes , and in subsection C of Section 1 -502.2 of
Title 63 of the Oklahom a Statutes or any school board meeting for
the sole purpose of considering recommendations of a
multidisciplinary team and deciding the placement of any child who
is the subject of the recommendations. Furthermore, public body
shall not include meetings c onducted by stewards designated by the
Oklahoma Horse Racing Commission pursuant to Section 203.4 of Title
3A of the Oklahoma Statutes when the stewards are officiating at
races or otherwise enforcing rules of the Commission. Furthermore,
public body shall not include the board of directors of a Federally
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Qualified Health Center 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 business of the
public body is discussed;
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 emergenc y meeting;
5. "Emergency meeting" means any meeting called for the purpose
of dealing with an emergency. For pur poses of the Oklahoma Open
Meeting Act, an emergency is defined as a situation involving injury
to persons or injury and damage to public or p ersonal property or
immediate financial loss when the time requirements for public
notice of a special meeting would make such procedure impractical
and increase the likelihood of injury or damage or immediate
financial loss;
6. "Continued or reconvened m eeting" means a meeting which is
assembled for the purpose of finishing business appearing on an
agenda of a previous meeting. For the purposes of the Oklahoma Open
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Meeting Act, only matters on the agenda of the previous meeting at
which the announcement of the continuance is made may be discussed
at a continued or reconvened meeting;
7. "Videoconference" means a conference among members of a
public body remote from one another who are linked by interactive
telecommunication devices or technology and/or t echnology permitting
both visual and auditory communication between and among members of
the public body and/or be tween and among members of the public body
and members of the public. During any videoconference, both 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 auditory
communication between and among me mbers of the public body and/or
between and among members of the public body and members of the
public.
SECTION 4. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
April 9, 2024 - DO PASS