Req. No. 3401 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1709 By: Rosino
AS INTRODUCED
An Act relating to the Office of Client Advocacy;
transferring the Office from the Department of Human
Services to the State Department of Health; directing
certain transfers; requiring Director of the Office
of Management and Enterprise Services to coordinate
certain transfers; stipulating procedures for
transfer of administrative rules; a mending 10A O.S.
2021, Section 1-9-112, which relates to the Office of
Client Advocacy; conforming, clarifying, and updating
language; providing for codification; and pro viding
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-9-112a of Title 10A, unless
there is created a duplication in numbering, reads as follows:
A. Upon the effective date of this act , the Office of Client
Advocacy within the Department of Human Services shall transfer to
the State Department of Health.
B. All employees, powers, duties, functions, and
responsibilities of the Department of Human Services designated for
the Office of Client Advocacy shall be transferred to the State
Req. No. 3401 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Department of Health. The transfer shall include all equipment,
supplies, records, assets, current and future liabilities, fund
balances, encumbrances, obligations, indebtedness, and legal and
contractual rights and responsibilities associated with the Office
of Client Advocacy.
C. Any monies accruing to or in the name of the Office of
Client Advocacy on and after the effective date of this act , or any
monies that accrue in any funds or accounts or are maintained for
the benefit of the Office of Client Advoca cy on and after the
effective date of this act , shall be transferred to the State
Department of Health.
D. The Director of the Office of Management and Enterprise
Services shall coordinate the transfer of funds, all otments,
purchase orders, and outstandin g financial obligations or
encumbrances as provided for in this section.
E. Upon the effective date of this act , all administrative
rules promulgated by the Director of Human Services for the Offi ce
of Client Advocacy shall be transferred to and become a part of the
administrative rules of the State Department of Health. The Office
of Administrative Rules in the Secretary of State ’s office shall
provide adequate notice in the Oklahoma Register of the transfer of
such rules and shall place the transferred rules under the Oklahoma
Administrative Code title of the State Department of H ealth. Such
rules shall continue in force and effect as rules of the State
Req. No. 3401 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Department of Health from and after the effective date of this act ,
and any amendment, repeal, or add ition to the transferred rules
shall be under the jurisdiction of the State Commissioner of Health.
SECTION 2. AMENDATORY 10A O.S. 2021, Section 1 -9-112, is
amended to read as follows:
Section 1-9-112. A. 1. The Director of Human Services is
authorized and directed to State Commissioner o f Health shall
establish the Office of Client Advocacy within the Department of
Human Services State Department of Health and to shall employ
personnel necessary to carry out the purposes of this section and
the duties listed in provisions of this section. Personnel may be
dismissed only for cause.
2. The chief administrative officer of the Office of Client
Advocacy shall be the Advocate General, who sha ll be an attorney.
The Advocate General shall be a member of the Oklahoma Bar
Association and shall have a minimum of t hree (3) years’ experience
as an attorney. The compensation of the Advocate General shall be
no less than that of th e classification of Attorney III as
established in the Merit System of Personnel Administration
classification and compensation plan, but shall be an unclassified
position.
3. The duties and responsibilities of the Advocate General are
to:
Req. No. 3401 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
a. supervise personnel assigned to the Office of Client
Advocacy,
b. monitor and review grievance procedures and hearings,
c. establish and maintain a fai r, simple, and expeditious
system for resolution of grievances of:
(1) all children in the custody of the Department of
Human Services regarding:
(a) the substance or applicatio n of any written
or unwritten policy or rule of the
Department or agent of the Department, or
(b) any decision or action by an employee or
agent of the Department, or of any child in
the custody of the Department,
(2) foster parents relating to the provisi on of
foster care services pursuant to this section and
Section 1-9-117 of this title, and
(3) all persons receiving services from the
Developmental Disabilities Services Division of
the Department of Human Services,
d. investigate allegations of abuse, ne glect, sexual
abuse, and sexual exploitation, as those terms are
defined in the Oklahoma Children ’s Code, by a person
responsible for a child, regardless of custody:
Req. No. 3401 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(1) residing outside their own homes other than
children in foster care or children in the
custody of the Office of Juvenile Affairs and
placed in an Office of Juvenile Affairs secure
facility,
(2) in a day treatment program as defined in Section
175.20 of Title 10 of the Oklahoma Stat utes, and
submit a report of the results of the
investigation to the appropriate district
attorney and to the State Department of Health,
(3) receiving services from a community services
worker as that term is defined in Section 1025.1
of Title 56 of the Oklahoma Statutes, a nd
(4) residing in a state institution li sted in Section
1406 of Title 10 of the Oklahoma Statutes,
e. establish a system for investigating allegations of
misconduct, by a person responsible for a child, not
rising to the level of abuse, neglect, sexual abuse,
or sexual exploitation with regard t o any child or
resident listed in subparagraph d of this paragraph,
f. coordinate any hearings or meetings of Departmental
administrative review committees conducted as a result
of unresolved grievances or as a resu lt of
investigations,
Req. No. 3401 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
g. make recommendations to the Director of Human
Services, and provide regular or special reports
regarding grievance procedures, hearings and
investigations to the Director , the Commission, the
Office of Juvenile S ystem Oversight, and other
appropriate persons as necessary,
h. forward to the Office of Juvenile System Oversight,
for the information of the Director of tha t office, a
copy of the final report of any grievance which is not
resolved in the favor of the complainant,
i. perform such other duties as required by the Director
of the Department or th e Commission State Commissioner
of Health, and
j. develop policies and procedures as necessary to
implement the duties and responsibilities assigned to
the Office of Client Advocacy.
B. The Office of Client Advocacy shall make a complete written
report of their investigations. The investigation report, together
with its recommendations, shall be submitted to the appropriate
district attorney’s office.
C. 1. Except as otherwise provided by the Oklahoma Children ’s
Code, the reports required by Section 1 -2-101 of this title or any
other information acquired pursuant to the Oklahoma Children ’s Code
Req. No. 3401 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
shall be confidential and may be disclosed only as provided in
Section 1-2-108 of this title and the Oklahoma Children’s Code.
2. Except as otherwise provided by the Oklahoma Children ’s
Code, any violation of the confidentiality requirements of the
Oklahoma Children’s Code shall, upon conviction, be a misdemeanor
punishable by up to six (6) months in jail, by a fine of Five
Hundred Dollars ($500.00), or by both such fine and imprisonment.
3. Any records or information disclosed as provided by this
subsection shall remain confidential. The use of any information
shall be limited to the purpose for which disclosure is authorized.
Rules promulgated by the Commission for Human Services State
Commissioner of Health shall provide for disclosure of relevant
information concerning Office of Client Advocacy investigations to
persons or entities acting in an official capacity with regard to
the subject of the investigation.
4. Nothing in this section shall be co nstrued as prohibiting
the Office of Client Advocacy or the Department of Human Services
from disclosing such confidential information as may be necessar y to
secure appropriate care, t reatment, or protection of a child alleged
to be abused or neglected.
D. 1. The Office of Client Advocacy shall investigate any
complaint received by the Office of Juvenile System Oversight
alleging that an employee of the Department of Human Services or a
child-placing agency has threatened a foster parent with removal of
Req. No. 3401 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
a child from the foster parent, harassed a foster pare nt, or refused
to place a child in a licensed or certified foster home, or
disrupted a child placeme nt as retaliation or discrimina tion towards
a foster parent who has:
a. filed a grievance pursuant to Section 1 -9-120 of this
title,
b. provided information to any stat e official or
Department employee, or
c. testified, assisted, or otherwise participated in an
investigation, proceed ing, or hearing against the
Department or child-placing agency.
2. The provisions of this subsection shall not apply to any
complaint by a foster parent regarding the result of a criminal,
administrative, or civil proceeding fo r a violation of any law,
rule, or contract provision by that foster parent, or the action
taken by the Department of Human Services or a child-placement
agency in conformity with the result of any such proceeding.
3. The Office of Client Advocacy shall at all times be granted
access to any foster home or any child -placing agency which is
certified, authorized, or funded by the Department of Human
Services.
SECTION 3. This act shall become effective November 1, 2024.
59-2-3401 DC 1/16/2024 5:17:59 PM