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44 | 39 | | |
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45 | 40 | | An Act relating to children; amending 10 O.S. 2021, |
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46 | 41 | | Section 601.6, which relates to the Office of |
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47 | 42 | | Juvenile System Oversight; providing reference for |
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48 | 43 | | definition; directing the Office to inspect |
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49 | 44 | | misfeasance and malfeasance; directing the Office to |
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50 | 45 | | conduct inspections annually; authorizing the Office |
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51 | 46 | | to inspect certain privately operated facilities; |
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52 | 47 | | directing the Office to investigate complaints; |
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53 | 48 | | authorizing the Office to examine and copy records |
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54 | 49 | | and budgets; authorizing the Office to interview |
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55 | 50 | | certain individuals; authorizing the Office to |
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56 | 51 | | subpoena witnesses and hold hearings; and declaring |
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57 | 52 | | an emergency. |
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58 | 53 | | |
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59 | 54 | | |
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60 | 55 | | |
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61 | 56 | | |
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62 | 57 | | |
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63 | 58 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA: |
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64 | 59 | | SECTION 1. AMENDATORY 10 O.S. 2021, Section 601.6, is |
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65 | 60 | | amended to read as follows: |
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66 | 61 | | Section 601.6. A. For purposes of this section, the term |
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67 | 62 | | "children and youth service system " shall have the same meaning as |
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68 | 63 | | it is defined in Section 600 of this title. |
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99 | 93 | | system, inquiring into areas of concern , investigating complaints |
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100 | 94 | | filed with the Office of Juvenile System Oversight, and performing |
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101 | 95 | | issue-specific systemic monitoring as directed by the Oklahoma |
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102 | 96 | | Commission on Children and Youth of the children and youth service |
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103 | 97 | | system to ascertain compliance w ith established responsibilities. |
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104 | 98 | | It shall be the duty of the |
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105 | 99 | | C. The Office of Juvenile System Oversight to shall conduct not |
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106 | 100 | | less than one but not more than two regular, periodic, unannounced |
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107 | 101 | | inspections of state-operated children's institutions and faci lities |
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108 | 102 | | and to review the reports of the inspections of the State Fire |
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109 | 103 | | Marshal and the Department of Health and any agencies which accredit |
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110 | 104 | | such institutions and facilities annually. The Office is further |
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111 | 105 | | authorized to inspect privately operated children's institutions and |
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112 | 106 | | facilities that receive state or federal funding on a periodic basis |
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113 | 107 | | or as needed. |
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114 | 108 | | D. The Office shall investigate complaints filed with the |
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115 | 109 | | Office regarding the children and youth serv ice system. |
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116 | 110 | | B. E. The Office of Juvenile System Ov ersight shall have the |
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117 | 111 | | authority to: |
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118 | 112 | | 1. Have the authority to examine and copy all records and |
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119 | 113 | | budgets pertaining to the children and youth service system and to |
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149 | 142 | | for the purpose of conducting systemic oversight inspections and |
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150 | 143 | | complaint investigations; |
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151 | 144 | | 2. Have the authority to subpoena witnesses and hold public |
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152 | 145 | | hearings Examine and copy all records and budgets pertaining t o the |
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153 | 146 | | children and youth service system and to review inspection reports |
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154 | 147 | | of the State Fire Marshal, State Department of Health, and any other |
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155 | 148 | | agency that accredits such institutions and facilities ; |
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156 | 149 | | 3. Interview the residents of institutions and facilities |
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157 | 150 | | within the children and youth service system; |
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158 | 151 | | 4. Subpoena witnesses and hold public hearings; |
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159 | 152 | | 5. Establish, in accordance with the Dispute Resolution Act, |
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160 | 153 | | Sections 1801 through 1813 of Title 12 of the O klahoma Statutes, a |
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161 | 154 | | voluntary program for foster pa rents to mediate complaints |
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162 | 155 | | concerning the rights of foster parents, as provided for in Section |
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163 | 156 | | 1-9-119 of Title 10A of the Oklahoma Statutes, that relate to |
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164 | 157 | | certain actions, inactions or decisions of the Department of Human |
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165 | 158 | | Services, the Department of Juv enile Justice, or child -placing |
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166 | 159 | | agencies that may adversely affect the safety and well -being of |
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167 | 160 | | children in the custody of the state; |
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168 | 161 | | 4. 6. Receive any complaint alleging that an employee of the |
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169 | 162 | | Department of Human Services or a child -placing agency has |
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170 | 163 | | threatened a foster parent with removal of a child from the foster |
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199 | 191 | | licensed or certified foster home, or disrupted a child placement as |
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200 | 192 | | retaliation or discrimination towards a foster parent who has: |
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201 | 193 | | a. filed a grievance pursuant to Section 1 -9-120 of Title |
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202 | 194 | | 10A of the Oklahoma Statutes, |
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203 | 195 | | b. provided information to any state official or |
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204 | 196 | | Department employee, or |
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205 | 197 | | c. testified, assisted, or otherwis e participated in an |
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206 | 198 | | investigation, proceeding, or hearing against the |
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207 | 199 | | Department or child-placing agency. |
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208 | 200 | | The Office of Juvenile System Oversight shall forward the |
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209 | 201 | | complaints to the Office of Client Advocacy for investigation |
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210 | 202 | | pursuant to subsection D of Section 1 -9-112 of Title 10A of the |
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211 | 203 | | Oklahoma Statutes. The Office of Juvenile System Oversight shall |
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212 | 204 | | work with the Office of Client Advocacy to ensure the complaints are |
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213 | 205 | | investigated and resolved in accordance with the grievance |
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214 | 206 | | procedures provided in Sect ion 1-9-120 of Title 10A of the Oklahoma |
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215 | 207 | | Statutes. The provisions of this paragraph shall not apply to any |
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216 | 208 | | complaint by a foster parent regarding the result of a criminal, |
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217 | 209 | | administrative, or civil proceeding for a violation of any law, |
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218 | 210 | | rule, or contract provision by that foster parent, or the action |
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219 | 211 | | taken by the Department or a child -placing agency in conformity with |
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220 | 212 | | the result of any such proceeding; |
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250 | 241 | | of the Supreme Court of the State of Oklahoma, any appropriate |
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251 | 242 | | prosecutorial agency, the director of the agency under |
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252 | 243 | | consideration, and other persons as necessary and appropriate; and |
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253 | 244 | | 6. 8. Provide recommendations to the Oklahoma Commission on |
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254 | 245 | | Children and Youth on or before May 1 of each year. |
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255 | 246 | | C. F. The Office of Juvenile System Oversight shall not release |
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256 | 247 | | information that would identify a person who makes a complaint to |
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257 | 248 | | the Office, unless a court of competent jurisdiction orders release |
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258 | 249 | | of the information for good cause shown. |
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259 | 250 | | SECTION 2. It being immediately necessary for the preservation |
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260 | 251 | | of the public peace, health or safety, an emergency is hereby |
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261 | 252 | | declared to exist, by reason whereof this act shall take effect and |
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262 | 253 | | be in full force from and after its passage and approval. |
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