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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 686 By: Pederson
AS INTRODUCED
An Act relating to the Oklahoma Children’s Code;
amending 10A O.S. 2021, S ection 1-9-119, which
relates to statement of foster paren t’s rights;
modifying information required to be provided to
foster parents; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
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 fo ster parent annually 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 appr opriate, ongoing education
and continuing education and training to develop and enhance foster
parenting skills including but not limited to childhood attachment,
the impacts of abuse and neglect on child development, long -term
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impacts of drug and alcohol abuse on children, infant mental he alth,
and childhood trauma;
3. Be informed about ways to contact the state agency or the
child-placing agency in order to receive informatio n and assistance
to access supportive services for any child in the foster parent ’s
care;
4. Receive timely financ ial reimbursement for providing foster
care services;
5. Be notified of any costs or expenses for which the foster
parent may be eligible fo r reimbursement;
6. Be provided a clear, written explanation of the individual
treatment and service plan concerni ng 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, additional 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 spec ial staffing
concerns for any foster child placed in the foster parent ’s home in
order to actively participate in t he case planning and decision -
making process regarding the child including transition meetings
between a change in permanency workers;
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9. Provide input concerning the plan of services for the child
and to have that input be given full con sideration in the same
manner as information presented by any other professional on the
team;
10. Communicate with other foster parents 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 the previous foster parent h as
authorized such release;
11. Communicate with other professionals who work with the
foster child within the context of the team including, but not
limited to, therapists, physicians, and teachers;
12. Be given, in a timely and consistent manner, any
information regarding the child and the child ’s family which is
pertinent to the care and needs of the child and to the making of a
permanency plan for the child. Disclosure of information shall be
limited to that information which is authorized by the pro visions of
Chapter VI 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:
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(1) plans to terminate the placement of the child
with the foster parent pursuant t o Section 1-4-
805 of this title, and
(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 provided written notice by the applicable state
agency in a timely and complete manner of all court hearings,
including notice of the date and time of any court hearing, the name
of the judge or hearin g officer hearing the case, the locati on of
the hearing, and the court docket number of the case;
16. Be represented by counsel, at the foster parent ’s expense,
for any court proceedings in which the foster parent is a party, and
to permit such counsel to file a motion to intervene on behalf of a
foster parent in any applicable court proceeding;
17. Attend and be heard at any Department or court proceeding
related to a child currently placed in the home. Such right shall
not be construed to require a fos ter parent to be made a party to
such proceeding;
18. Be informed of decis ions made by the court, the state
agency or the child-placing agency concerning the child on the date
such decisions are made, and to receive a copy of the court report
upon request by the foster parent ;
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17. 19. Be considered as a preferred placement option when a
foster child who was f ormerly 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 int erest of the child and
other children in the home of the foster parent;
18. 20. Be provided a fair, timely, an d impartial investigation
of complaints concerning the certification of the foster pa rent;
19. 21. Be provided the opportunity to request and re ceive a
fair and impartial hearing regarding decisions that affect
certification retention or placement of children in the home and to
receive upon request all information in Department records related
to the home and the foster care services provided by t he foster
parent or family;
20. 22. Be allowed the right to exercise parental substitute
authority;
21. 23. Have timely access to the appeals process of the state
agency and child placement agency and th e right to be free from acts
of harassment and reta liation by any other p arty when exercising the
right to appeal;
22. 24. Be given the number of the statewide t oll-free Foster
Parent Hotline and county unit on-call worker on any day for which
such information is requested;
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23. 25. File a grievance and b e informed of the process for
filing a grievance without adverse action by any state agency or
child-placing agency; and
24. 26. Receive a copy of the liability insurance policy the
Department of Human Se rvices maintains for every Department -
contracted foster home placement; and
27. Intervene after twelve (12) months of placement in any
action involving the involuntary termination of parental rights
involving a child who is placed with the foster parent. Such
intervention may be made anonymous ly with the foster parent
identified by initial s. The foster parent shall rec eive service
through counsel or by providing a p referred mailing address to the
Department and the court.
B. The Department of Human Serv ices 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 t o create a
private right of action or claim on t he part of any individual, the
Department, the Office of Juvenile Affairs, or any child -placing
agency.
SECTION 2. This act shall become effective November 1, 2023.
59-1-1220 TEK 1/18/2023 12:37:13 PM