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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 907 By: Rosino
AS INTRODUCED
An Act relating to legal representation for c hildren
and parents; creating the Family Representation and
Advocacy Act; providing short ti tle; establishing the
Family Representation and Advocacy Program within the
Administrative Office of the Courts; stating purpose
of Program; requiring certain request for proposals;
requiring submission of bids pursuant to the Oklahoma
Central Purchasing A ct; establishing duties and
responsibilities of Program; requiring employment of
executive director; establishing qualifications for
executive director; establishin g duties of executive
director; providing authority for Program to enter
into certain contracts; establishing qualifications
for counsel providing ser vices to the Program;
requiring equitable service through judicial
districts; requiring adequate compensat ion for
counsel and interdisciplinary con tractors;
authorizing certain annual review; creati ng the
Family Representation and Advocacy Program Board;
stating purpose of Board; directing membership of
Board; establishing terms of Board members ; providing
for filling of certain vacancy; authorizing
reappointment to Board; prohibiting compensation fo r
Board members; authorizing travel reim bursement;
establishing duties of Board; defining t erm; creating
the Family Representation and Advocacy Program
Revolving Fund; stating purpose of Fund; directi ng
disbursement of funds; author izing certain
administrative fee; requiring maintenance of certain
books and records; authorizing certain annual audits;
authorizing use of percentage of funds for staff and
operations; requiring certain annual report;
providing for codification; and providing an
effective date.
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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 801 of Title 10, unless there is
created a duplication in numb ering, reads as follows:
A. This act shall be known and may be cited as the “Family
Representation and Advocacy Act”.
B. There is hereby created within the Administrative Office of
the Courts the Family Representation and Advocacy Program. The
purpose of the Family R epresentation and Advocacy Program shall be
to ensure uniform and high quality legal representation for children
and indigent parents, legal guardians, and Indian custodians in
deprived child actions broug ht by the state pursuant to the
provisions of Section 1–1–101 et seq. of Title 10A of the Oklahoma
Statutes.
C. From funds appropriated or otherwise available for the
purpose of implementing the Family Representation and Advocacy Act,
the Administrative O ffice of the Court shall issue a request for
proposals and contract with an eligible organization to administer
the Family Representation and Advocacy Program through the
establishment of a central office for the state. The contract shall
be the result of the request for proposals issued by the
Administrative Office of the Courts and submission of competitive
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bids by eligible orga nizations pursuant to the Oklahoma Central
Purchasing Act.
D. Through the activities of the central office, the Family
Representation and Advocacy Program shall work cooperatively
statewide with judicial districts and attorneys by contracting with,
training, compensating, and supporting legal counsel for the
children, indigent parents, legal guardians, and Indian custodians
appointed by the court pursuant to Section 1 -4-306 of Title 10A of
the Oklahoma Statutes. The Family Representation and Advocacy
Program shall have the responsibility to ensure that all parents,
legal guardians, and Indian custodians who are entitled to court -
appointed counsel and all children are appointed cou nsel who have
the training, support, and access to resources to provide uni form
and high quality legal representation. The central office shall not
provide direct legal representation to clients except in selected
appeals.
E. An executive director for th e Family Representation and
Advocacy Program shall be employed by the eligi ble organization and
approved by the Family Representation and Advocacy Program Board.
The executive director shall have at least ten (10) years of
experience as a licensed attorne y prior to appointment, be licensed
to practice law in this state at the time of appointment and be
familiar with the unique demands of representing children, parents,
legal guardians, Indian custodians in deprived child cases in this
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state. The executive director shall serve full time and shall not
engage in private practice of law outside of the Program. The
executive director shall hire all staff including employees of the
central office, contract attorneys or other legal pr oviders eligible
for appointment pursuant to Section 1 -4-306 of Title 10A of the
Oklahoma Statutes, and interdisciplinary contractors required to
implement the Family Representation and Advocacy Act. The executive
director shall submit budget requests and shall report quarterly to
the Family Representation and Advocacy Program Board.
F. The Family Representation and Advocacy Program shall have
authority to contract with any type of legal entity including but
not limited to law firms, legal services prog rams, Office of Public
Defender, law school clinics, and individual attorneys as needed.
The Program shall have authority to contract with and compensate
social workers, parent and youth advocates, and peer mentors to
provide interdisciplinary assistance to the attorneys representing
children, indigent parents, legal guardians, Indian custodians in
the deprived child proceedings. The existing Offices of Public
Defender shall continue to provide representation fo r children in
deprived child proceedings and continue to be funded as set forth in
Section 138.4 of Title 19 of the Oklahoma Statutes. The Offices of
the Public Defender may elect to contract with the Family
Representation and Advocacy Program for addition al funds to provide
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additional staff and resources in the representation of the
children.
G. The Family Representation and Advocacy Program shall ensure
that all counsel are members of the Oklahoma Bar Association in good
standing and are adequately train ed. The Program shall provide
uniform and high quality training in colla boration with the State of
Oklahoma Children’s Court Improvement Program, the Oklah oma Bar
Association, local bar associations, and other relevant s tate and
national organizations to all attorneys who are appointed to
represent children, parents, legal gua rdians, and Indian custodians
in deprived child proceedings. The Program shall verify that
contracted attorneys providing legal representation to children,
indigent parents, legal guardians, and Indian cu stodians meet the
Standards of Practice as approved by the Oklahoma Supreme Court and
caseload limits as developed and recommended by the Uniform
Representation of Children and Parents in Cases Involving Abuse and
Neglect Oversight Committee created by the Oklahoma Supreme Court.
The Family Representation and Advocacy Program shall ensure that all
interdisciplinary contractors are provi ded with uniform and
evidence-based training, resources, and support.
H. The Family Representation and Advocacy Program s hall ensure
that all areas of the state are equitab ly served and, based on the
appropriations available, shall prioritize judicial districts where
attorneys are unavailable for court appointments or are minimally
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compensated. The Program shall determine w here additional attorneys
are needed within the sta te’s judicial districts and shall develop
additional resources.
I. The Family Representation and Advocacy Program shall ensure
that counsel and interdisciplinary contractors are adequately
compensated based on available appropriations and other funding
received and are provided access to resources in order to del iver
high quality legal representation. The Program is authorized to
annually review the performance of the attorneys, interdisciplinary
contractors, and entities with which the eligible organizat ion
contracts, with the goal of helping them achieve and maintain high -
quality performance. The Program shall ensure that review measures
preserve client confidentiality and avoid conflicts of interest.
SECTION 2. NEW LAW A new sec tion of law to be codified
in the Oklahoma Statutes as Section 802 of Title 10, unless there is
created a duplication in numb ering, reads as follows:
A. For the purpose of establishing and providing overs ight for
the Family Representation and Advocacy Pro gram, there is hereby
created the Family Representation and Advocacy Program Board within
the Administrative Office of the Courts . The Board shall consist of
thirteen (13) members as follows:
1. One member appointed, initially for a one -year term, by the
President Pro Tempore of the Oklahoma State Senate;
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2. One member appointed, initially for a one -year term, by the
Speaker of the Oklahoma House of Representatives;
3. Three members appointe d by the Chief Justice of the Oklahoma
Supreme Court, one each initially to be appointed for one -, two-,
and three-year terms, one of whom shall be a retired district or
associate district court judge who served in the juvenile division
of any district court in this state;
4. Three members appointed by the president of the Oklahoma Bar
Association, one each initially to be appointed for one -, two-, and
three-year terms who shall be attorneys with at least five (5) years
of experience in representing parents and children in deprived child
proceedings;
5. One member of the Juvenile Justice Oversight and Advisory
Committee to be appointed by the Committee, initially for a two -year
term;
6. The project director for the State of Oklahoma Children ’s
Court Improvement Program, or a designee, to be appointed initially
for a two-year term;
7. One member appointed by the Department of Mental Health and
Substance Abuse Services who shall be a parent with lived experience
with the child welfare system, to be appointed ini tially for a
three-year term;
8. One member appointed by the Oklahoma Commission on Children
and Youth who shall be an individual with lived experience as a
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foster youth within the child welfare system, to be appointed
initially for a three -year term; and
9. One member appointed by the Depart ment of Human Services.
B. Members of the Family Representation and Ad vocacy Program
Board shall serve three-year staggered terms, and each member shall
serve until a qualified successor is appointed. A vacancy shall be
filled for the remainder of the term in the same manner as a regular
appointment. Members may be reappointed to successive terms.
Members of the Board sh all receive no compensation for their
services on the Board but may be reimbursed pursuant to the State
Travel Reimbursement Act.
C. The Family Representation and Advocacy Program Board shall:
1. Annually elect one member to serve as chair and one member
to serve as vice-chair;
2. Meet not less than quarterly and may meet more frequently as
necessary, as determined by the chair. Seven members shall
constitute a quorum;
3. Exercise oversight on behalf of the Administrative Office of
the Courts over the selected eligible organization and may take such
action as deemed necessary to ensure proper administra tion of the
Family Representation and Advocacy Prog ram;
4. Work cooperatively with the eligible organization to provide
governance to the Family Represe ntation and Advocacy Program, to
provide fiscal oversight of the general operating budget of the
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Program’s central office, to participate in funding decis ions
relating to the provision and expansion of attorneys and the
interdisciplinary contractors within the state based on annual
appropriations and funds received, and to assist with the duties of
the Program’s central office concerning attorney training, as
needed;
5. Make recommendations for rules, standards, and training
requirements for attorneys and interdisciplinary contractors, and
guidelines necessary to carry out the responsibilities of the Family
Representation and Advocacy Program for the approv al of and
promulgation by the Administrative Office of the Courts; and
6. Prepare annually and distri bute to the Administrative Office
of the Courts recommended budget requests and a report detailing
expenditures of funds for the operating expenses of the Family
Representation and Advocacy Program, activity data, and performance
measures from implementati on of the program within the selected
judicial districts. The Administrative Office of the Courts shal l
distribute the proposed budget and the report to the Governor, the
President Pro Tempore of the Senate, and the Speaker of the House of
Representatives.
D. As used in this section, “eligible organization ” means an
entity that:
1. Is organized as a not -for-profit corporation that is tax
exempt pursuant to the provisions of paragraph (3) of subsection (c)
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of Section 501 of the United States Internal Reve nue Code of 1986,
as amended;
2. Has as its primary purpose the furnishing of legal
assistance to eligible clients in civil matters;
3. Renders legal services to eligible clients in pre - and post-
petition deprived child proceedings; and
4. Is incorporated pursuant to any applicable laws in this
state.
SECTION 3. NEW LAW A new sect ion of law to be codified
in the Oklahoma Statutes as Section 803 of Title 10, unless there is
created a duplication in numb ering, reads as follows:
A. There is hereby created in the State Treasury a revolving
fund for the Administr ative Office of the Cou rts to be designated
the “Family Representation and Advocacy Program Revolving Fund”.
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the
Administrative Office of the Courts for child and indigent parent,
legal guardian, and Indian c ustodian legal and interdisciplinary
representation services to be provided by the Family Representation
and Advocacy Program. The revolving fund shall include funds
appropriated to the fund, federal fund s, gifts, donations, and
grants. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Administrative
Office of the Courts for the purpose of administering the Family
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Representation and Advocacy Prog ram and for the provision of legal
and interdisciplinary services to indigent parents and children by
and through the Family Representation and Advocacy Program. By
January 31, 2024, and by January 31 of each year thereafter, the
Administrative Office of the Courts shall disburse funds from the
Family Representation and Advocacy Program Revolving Fund to the
contracted eligible organization.
B. The Administrative Office of the Courts shall allocate and
expend funds from the Family R epresentation and Advoc acy Program
Revolving Fund to provide for the neces sary operating costs of the
Family Representation and Advocacy Program including court-appointed
legal and interdisciplinary representation to children, indigent
parents, legal guard ians, or Indian custodi ans in proceedings
governed by the Oklahoma Childre n’s Code, to the extent that funds
are available from the Family Representation and Advocacy Program
Revolving Fund. The Administrative Office of the Courts shall
allocate and expend these funds pursuant to the contract with the
eligible organization. The Administrative Office of the Courts may
charge an administrative fee as provided in Subsection D of this
Section for administering the contract.
C. The eligible organization that contracts to operate an d
manage the Family Representation and Advocacy Pro gram to provide
legal and interdisciplinary services shall maintain books and
records in accordance with generally accepted accounting principles.
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The books and records shall accoun t for the receipt and e xpenditure
of all funds paid pursuant to contract. Books and records shall be
maintained for a period of five (5) years from the close of the
fiscal year of the contract period. The State Auditor and Inspector
may audit each organi zation annually. The necessary expense of each
audit including but not limited to the cost of typing, printing, and
binding shall be paid from funds of the organization.
D. The Administrative Office of the Courts may use up to two
and one-half percent (2.5%) of the funds depos ited in the Family
Representation and Advocacy Prog ram Revolving Fund in any given
fiscal year to provide financial support staff, financial data entry
staff and facilities, and operating assistance for the Family
Representation Program Advisory Board.
E. An annual report issued by the Administrative Offi ce of the
Courts outlining performance measures for the Family Representation
and Advocacy Program and recommendations for ongoing appropriations
shall be transmitted to the Governor, the President Pro Tempore of
the Oklahoma Senate and the Speaker of the House of Representatives
no later than December 31 of each year.
SECTION 4. This act shall become effective November 1, 2023.
59-1-755 TEK 1/19/2023 10:31:45 AM