Oklahoma 2024 Regular Session

Oklahoma House Bill HB1382 Compare Versions

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1		-	An Act
2		-	ENROLLED HOUSE
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3	34		BILL NO. 1382 By: Talley of the House
4	35
5	36		and
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7	38		Hall of the Senate
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9	40
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12	43		An Act relating to children; amending 10 O.S. 2021,
13	44		Sections 1116.2 and 1116.6, which relate to
14	45		postadjudication review boards; rem oving requirement
15	46		that review board shall be subject to the Oklahoma
16	47		Open Meeting Act; requiring certain information be
17	48		included in certain report; amending 25 O.S. 2021,
18	49		Section 304, as amended by Section 1, Chapter 123,
19	50		O.S.L. 2022 (25 O.S. Supp. 2023, S ection 304), which
20	51		relates to the Oklahoma Open Meeting Act; providing
21	52		exception; and providing an effective date.
22	53
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26		-	SUBJECT: Children
27		-
28	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
29		-
30	58		SECTION 1. AMENDATORY 10 O.S. 2021, Section 1116.2, is
31	59		amended to read as follows:
32		-
33	60		Section 1116.2 A. There is hereby established a
34	61		postadjudication review board in each judicial district in the
35	62		state. Members and alternate members of the postadjudication review
36	63		boards shall be residents of or employed within the judicial
37	64		district in which the board serves and shall be appointed by the
38	65		Director of the Oklahoma Commission on Children and Youth after
39	66		consultation with judges in the judicial district having juvenile
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40	94		docket responsibility, provided that in the even t of a conflict of
41	95		interest or for any reason when circumstances or the appearances of
42	96		justice dictate, the Director of the Oklahoma Commission on Children
43	97		and Youth may transfer the appointment decision to the entire
44	98		Oklahoma Commission on Children and Yo uth whose decision shall be
45	99		final and further, provided, that any aggrieved aspirant may appeal
46		-	the decision denying appointment by the Director of the Oklahoma ~~ENR. H. B. NO. 1382 Page 2~~
	100	+	the decision denying appointment by the Director of the Oklahoma
47	101		Commission on Children and Youth within five (5) days to the
48	102		Oklahoma Commission on Children an d Youth whose decision shall be
49	103		final. The Oklahoma Commission on Children and Youth may establish
50	104		additional postadjudication review boards as needed for each county
51	105		within a judicial district.
52		-
53	106		B. A postadjudication review board for each judicial distri ct
54	107		shall consist of at least five (5) members. Alternate review board
55	108		members may be appointed to serve in the ab sence of a regularly
56	109		appointed board member members. Alternate board members shall be
57	110		appointed in the same manner as regularly appointed boa rd members.
58	111		On and after September 1, 1991, currently serving board members
59	112		shall serve until appointments are made by the Commission on
60	113		Children and Youth. The Commission on Children and Youth shall
61	114		complete initial appointments to the review boards no later than
62	115		June 30, 1992.
63		-
64	116		C. Board members shall be appointed for a term of three (3)
65	117		years. Members shall serve after the expiration of their terms
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66	145		until their respective successors shall have been appointed.
67	146		Vacancies shall be filled for the duration of unexpired terms. The
68	147		review board members shall be appointed according to the following
69	148		guidelines:
70		-
71	149		1. One member shall be a person who has training or experience
72	150		in issues concerning child welfare, or a person who has demonstrated
73	151		an interest in children through voluntary community service or
74	152		professional activities;
75		-
76	153		2. Whenever possible, at least one member of the board shall be
77	154		an individual who has served as a foster parent, provided that no
78	155		person on the review board shall participate as a board member in
79	156		any review hearing in which the person is a party; and
80		-
81	157		3. No more than one person employed by any child welfare agency
82	158		or juvenile court may be appointed to a board at the same time,
83	159		provided such person shall not participate in any review heari ng in
84	160		which the person is professionally involved.
85		-
86	161		D. Each postadjudication review board shall annually elect a
87	162		chair and shall notify the Commission on Children and Youth as to
88	163		the name and address of the chair. A list of the members of each
89	164		local board and its officers shall be filed with the Presiding Judge
90	165		of the judicial district and each judge within the district having
91		-	juvenile docket responsibility. ~~ENR. H. B. NO. 1382 Page 3~~
	166	+	juvenile docket responsibility.
92	167		E. There shall be a rebuttable presumption that a person
93	168		participating in a judicial proceeding as a postadjudication review
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94	196		board member or a postadjudication review advisory board or
95	197		postadjudication review boa rd coordinator is acting in good faith.
96	198		When acting in good faith, a participant shall be immune from any
97	199		civil liability that might otherwis e be incurred or imposed. Each
98	200		postadjudication review board shall meet as often as is necessary at
99	201		a place it designates to carry out the duties of the board
100	202		established by Section 1116.3 of this title. The review board shall
101	203		meet at least twice annuall y. Each review board shall be subject to
102	204		the provisions of the Oklahoma Open Meeting Act, except that the
103	205		actual case reviews shall be held in executive session; provided,
104	206		however, that upon Upon the request of the board, members or
105	207		prospective members of other existing review boards, students or
106	208		researchers may attend and observe but not participate in board
107	209		hearings subject to restrictions and conditions imposed by the
108	210		board. Members and employees of the State Postadjudication Review
109	211		Advisory Board who are exercising their oversight responsibilities
110	212		pursuant to Section 1116.6 of this title may attend and observe bu t
111	213		not participate in board hearings. All parties shall maintain
112	214		confidentiality, and the names of the children in placement shall
113	215		not be published. Temporary ad hoc review boards may be created in
114	216		counties in which there is no active review board. The Director of
115	217		the Oklahoma Commission on Children and Youth may appoint active or
116	218		alternate members of existing review boards to serve as members of
117	219		local boards that are unable to meet quorum requirements and to
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118	247		temporarily constitute members of a new board where no current board
119	248		exists. A member appointed to temporary service shall be fully
120	249		qualified as provided by law, and such service shall te rminate when
121	250		the basis for the appointment is remedied or upon the order of the
122	251		Director.
123		-
124	252		F. As a condition of membership thereto, members and alternates
125	253		of the postadjudication review boards shall attend the next
126	254		available orientation program after appoi ntment to the board.
127	255		Failure to attend an orientation program, at the discretion of the
128	256		Commission on Children an d Youth, may result in the removal of the
129	257		board member. Members of postadjudication review boards shall
130	258		attend the annual meeting or training programs or both such meeting
131	259		and training programs as are authorized and directed by the
132	260		Commission on Children and Youth.
133		-
134	261		G. Members of postadjudication review boards shall serve
135	262		without compensation, but shall be reimbursed for travel and
136		-	training expenses from monies appropriated by the Legislature for ~~ENR. H. B. NO. 1382 Page 4~~
	263	+	training expenses from monies appropriated by the Legislature for
137	264		such purposes, as provided by the State Travel Reimbursement Act.
138	265		The Commission on Children and Youth shall provide members of
139	266		postadjudication review boards with necessary operating supplies and
140	267		postage fees or members shall be reimbursed for these expenses.
141		-
142	268		H. The Commission on Children and Youth shall be responsible
143	269		for developing procedures for the removal of a member from a
144	270		postadjudication review board. The grounds for the removal of a
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145	298		postadjudication review board member shall include but not be
146	299		limited to:
147		-
148	300		1. Failure to attend board meetings as required by the
149	301		Commission on Children and Youth;
150		-
151	302		2. Engaging in illegal conduct involving moral turpitude;
152		-
153	303		3. Engaging in conduct involving dishone sty, fraud, deceit, or
154	304		misrepresentation; or
155		-
156	305		4. Wrongful disclosure of information as provided by Section
157	306		1116.4 of this title.
158		-
159	307		I. Necessary staff assistance required by the postadjudication
160	308		review boards may be provided by the bailiff or bailiffs, or ot her
161	309		person designated by the court, of the judges with juvenile docket
162	310		responsibility in the judicial district. U pon the request of the
163	311		presiding judge, the Chief Justice of the Supreme Court may
164	312		authorize additional staff to be paid from local court fund s to
165	313		assist the review board.
166		-
167	314		The Administrative Director of the Courts may include such
168	315		additional funding requests in the annual budget for the courts as
169	316		are necessary to provide staff and administrative support for the
170	317		review boards.
171		-
172	318		SECTION 2. AMENDATORY 10 O.S. 2021, Section 1116.6, is
173	319		amended to read as follows:
174		-
175	320		Section 1116.6 A. Ther e is hereby created a State
176	321		Postadjudication Review Advisory Board which shall meet at least
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177	349		twice each calendar year. The Advisory Board sha ll have the duty of
178	350		overseeing the implementation of the state postadjudication review
179	351		program in coordination with the Oklahoma Commission on Children and
180	352		Youth.
181		-	ENR. H. B. NO. 1382 Page 5
182	353		B. The Advisory Board shall consist of twenty -one (21) members
183	354		appointed by the Governor as follows:
184		-
185	355		1. Eight of the members shall be members of the various review
186	356		boards throughout the state;
187		-
188	357		2. Five of the members shall be judges of the district court;
189		-
190	358		3. Five of the members shall represent the general public and
191	359		may be foster parents;
192		-
193	360		4. One of the members appointed after the effective date of
194	361		this act shall be a foster parent representing foster parents who
195	362		have a current contract with the Department of Human Services to
196	363		provide foster care services;
197		-
198	364		5. One of the members appointed after the effective date of
199	365		this act shall be a foster parent representing child -placing
200	366		agencies which have current con tracts with the Department to provide
201	367		foster care services; and
202		-
203	368		6. One of the members appointed after the effective date of
204	369		this act shall be a foster parent nominated by any local or
205	370		statewide foster parent association.
206		-
207	371		The members shall serve at the pleasure of the Governor. The
208	372		administrative heads of the divisions which have foster care
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209	400		responsibilities within the Department of Human Servi ces and the
210	401		Office of Juvenile Affairs or their designees shall serve as ex
211	402		officio members of the Board.
212		-
213	403		C. The Director of the Oklahoma Commission on Children and
214	404		Youth shall be the clerk of the Advisory Board.
215		-
216	405		The Advisory Board shall have the duty to:
217		-
218	406		1. Assist in the training of the members of the review boards;
219		-
220	407		2. Serve, in coordination with the Oklahoma Commission on
221	408		Children and Youth, as a clearinghouse for reports and information
222	409		concerning the foster care review program and the review boards a s
223	410		they relate to foster care;
224		-
225	411		3. Make recommendations to the courts, the Oklahoma Commission
226		-	on Children and ~~Youth~~, the Governor, the Legislature, the Department ~~ENR. H. B. NO. 1382 Page 6~~
	412	+	on Children and Yout h, the Governor, the Legislature, the Department
227	413		of Human Services, the Office of Juvenile Affairs, and other state
228	414		agencies providing service s to children regarding proposed statutory
229	415		revisions, and amendments to court rules and procedures, and review
230	416		and make recommendations on permanency planning, foster care and
231	417		child welfare service delivery policies, guidelines, and procedures;
232		-
233	418		4. Work with both public and private agencies concerned with
234	419		foster care and adoption exchanges to inform the public of the need
235	420		for temporary and permanent homes and other services needed by
236	421		deprived children; and
	422	+	5. Specifically:
237	423
238		-	5. Specifically:
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239	449
240	450		a. identify, analyze, and recomme nd solutions to any
241	451		issue concerning child welfare and foster care
242	452		services within the child welfare delivery system,
243		-
244	453		b. participate in the statewide planning and promotion of
245	454		foster parent involvement in local planning for child
246	455		welfare services, and
247		-
248	456		c. develop recommendations concerning foster care
249	457		training to improve the quality of foster care
250	458		services.
251		-
252	459		D. The State Postadjudication Review Advisory Board may
253	460		designate multidisciplinary committees on the local level to act as
254	461		advocates for foster parents in order to assist in the resolution of
255	462		specific complaints concerning foster care and to help facilitate
256	463		the relationship between the Department of Human Services, the
257	464		Office of Juvenile Affairs, child -placing agencies, and the foster
258	465		parents.
259		-
260	466		E. The Oklahoma Commission on Children and Youth, with the
261	467		assistance of the State Postadjudication Review Advisory Board,
262	468		shall be responsible for developing and administering training
263	469		procedures and rules for the administration of the state
264	470		postadjudication revie w board system.
265		-
266	471		F. The State Postadjudication Review Advisory Board shall
267	472		submit a report of the activities of the review boards, including
268	473		the findings and recommendations of such review boards, to the
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269	501		Oklahoma Commission on Children and Youth on or befo re May 1 of each
270	502		year. The report shall include, but not be limited to, the
271		-	following: ~~ENR. H. B. NO. 1382 Page 7~~
	503	+	following:
272	504		1. The location of each r eview board;
273		-
274	505		2. The names of the members of each board;
275		-
276	506		3. The number of cases reviewed by each board; and
277		-
278	507		4. The recommendation categories made by each board.
279		-
280	508		G. The Oklahoma Commission on Children and Youth shall
281	509		incorporate, as appropriate, the findings and recommendations of the
282	510		review boards in the annual report required by Section 601.9 of this
283	511		title.
284		-
285	512		SECTION 3. AMENDATORY 25 O.S. 2021, Section 304, as
286	513		amended by Section 1, Chapter 123, O.S.L. 2022 (25 O.S. Supp. 2023,
287	514		Section 304), is amended to read as follows:
288		-
289	515		Section 304. As used in the Oklahoma Open Meeting Act:
290		-
291	516		1. "Public body" means the governing bodie s of all
292	517		municipalities located within this state, boards of county
293	518		commissioners of the counties in this state, boards of public and
294	519		higher education in this state and all boards, bureaus, commissions,
295	520		agencies, trusteeships, authorities, councils, commit tees, public
296	521		trusts or any entity created by a public trust including any
297	522		committee or subcommittee composed of an y of the members of a public
298	523		trust or other legal entity receiving funds from the Rural Economic
299	524		Action Plan Fund as authorized by Section 200 7 of Title 62 of the
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300	552		Oklahoma Statutes, task forces or study groups in this state
301	553		supported in whole or in part by public funds or entrusted with the
302	554		expending of public funds, or administering public property, and
303	555		shall include all committees or subcommit tees of any public body.
304	556		Public body shall not include the state judiciary, the Council on
305	557		Judicial Complaints wh en conducting, discussing, or deliberating any
306	558		matter relating to a complaint received or filed with the Council,
307	559		the Legislature, or administ rative staffs of public bodies
308	560		including, but not limited to, faculty meetings and athletic staff
309	561		meetings of institutions of higher education when those staffs are
310	562		not meeting with the public body, or entry -year assistance
311	563		committees. Furthermore, public body shall not include the
312	564		multidisciplinary teams provided for in Section 1 -9-102 of Title 10A
313	565		of the Oklahoma Statutes, in Section 2 10-115 of this act Title 43A
314	566		of the Oklahoma Statutes , and in subsection C of Section 1 -502.2 of
315	567		Title 63 of the Oklahom a Statutes or any school board meeting for
316		-	the sole purpose of ~~considerin g~~ recommendations of a ~~ENR. H. B. NO. 1382 Page 8~~
	568	+	the sole purpose of considering recommendations of a
317	569		multidisciplinary team and deciding the placement of any child who
318	570		is the subject of the recommendations. Furthermore, public body
319	571		shall not include meetings c onducted by stewards designated by the
320	572		Oklahoma Horse Racing Commission pursuant to Section 203.4 of Title
321	573		3A of the Oklahoma Statutes when the stewards are officiating at
322	574		races or otherwise enforcing rules of the Commission. Furthermore,
323	575		public body shall not include the board of directors of a Federally
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324	603		Qualified Health Center or the postadjudication review boards
325	604		provided for in Sections 1116.2 and 1116.3 of Title 10 of the
326	605		Oklahoma Statutes;
327		-
328	606		2. "Meeting" means the conduct of business of a public body by
329	607		a majority of its members being personally together or, as
330	608		authorized by Section 307.1 of this title, together pursuant to a
331	609		videoconference. Meeting shall not include informal gatherings of a
332	610		majority of the members of the public body when no business of the
333	611		public body is discussed;
334		-
335	612		3. "Regularly scheduled meeting" means a meeting at which the
336	613		regular business of the public body is conducted;
337		-
338	614		4. "Special meeting" means any meeting of a public body other
339	615		than a regularly scheduled meeting or emergenc y meeting;
340		-
341	616		5. "Emergency meeting" means any meeting called for the purpose
342	617		of dealing with an emergency. For pur poses of the Oklahoma Open
343	618		Meeting Act, an emergency is defined as a situation involving injury
344	619		to persons or injury and damage to public or p ersonal property or
345	620		immediate financial loss when the time requirements for public
346	621		notice of a special meeting would make such procedure impractical
347	622		and increase the likelihood of injury or damage or immediate
348	623		financial loss;
349		-
350	624		6. "Continued or reconvened m eeting" means a meeting which is
351	625		assembled for the purpose of finishing business appearing on an
352	626		agenda of a previous meeting. For the purposes of the Oklahoma Open
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353	654		Meeting Act, only matters on the agenda of the previous meeting at
354	655		which the announcement of the continuance is made may be discussed
355	656		at a continued or reconvened meeting;
356		-
357	657		7. "Videoconference" means a conference among members of a
358	658		public body remote from one another who are linked by interactive
359	659		telecommunication devices or technology and/or t echnology permitting
360	660		both visual and auditory communication between and among members of
361		-	the public body and/or ~~between~~ and ~~amon g~~ members of the public body ~~ENR. H. B. NO. 1382 Page 9~~
	661	+	the public body and/or be tween and among members of the public body
362	662		and members of the public. During any videoconference, both the
363	663		visual and auditory communications functions shall attempt to be
364	664		utilized; and
365		-
366	665		8. "Teleconference" means a conference among members of a
367	666		public body remote from one another who are linked by
368	667		telecommunication devices and/or technology permitting auditory
369	668		communication between and among me mbers of the public body and/or
370	669		between and among members of the public body and members of the
371	670		public.
372		-
373		-	SECTION 4. This act shall become effective November 1, 2024. ENR. H. B. NO. 1382 Page 10
374		-	Passed the House of Representatives the 5th day of March, 2024.
375		-
376		-
377		-
378		-
379		-	Presiding Officer of the House
380		-	of Representatives
381		-
382		-
383		-
384		-	Passed the Senate the 25th day of April, 2024.
385		-
386		-
387		-
388		-
389		-	Presiding Officer of the Senate
390		-
391		-
392		-	OFFICE OF THE GOVERNOR
393		-	Received by the Office of the Governor this ____________________
394		-	day of ___________________, 20_______, at _______ o'clock _______ M.
395		-	By: _________________________________
396		-	Approved by the Governor of the State of Oklahoma this _____ ____
397		-	day of ___________________, 20_______, at _______ o'clock _______ M.
398		-
399		-
400		-	_________________________________
401		-	Governor of the State of Oklahoma
402		-
403		-	OFFICE OF THE SECRETARY OF STATE
404		-	Received by the Office of the Secretary of State this __________
405		-	day of ___________________, 20_______, at _______ o'clock _______ M.
406		-	By: _________________________________
407		-
	671	+	SECTION 4. This act shall become effective November 1, 2024.
	672	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	673	+	April 9, 2024 - DO PASS