ENROLLED HOUSE
BILL NO. 3475	By:	Nelson and Nollan of the House

				and

		Treat, Coates and Johnson (Constance) of the Senate

An Act relating to foster parents; amending 10A O.S. 2011, Section 1-9-119, which relates to foster parent rights; providing additional right to be given copy of certain liability insurance policy; and providing an effective date.

SUBJECT:  Foster parent rights

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     10A O.S. 2011, Section 1-9-119, is amended to read as follows:

Section 1-9-119.  A.  A statement of foster parent's rights 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 appropriate, ongoing education and continuing education and training to develop and enhance foster parenting skills;

3.  Be informed about ways to contact the state agency or the child-placing agency in order to receive information and assistance to access supportive services for any child in the foster parent's care;

4.  Receive timely financial reimbursement for providing foster care services;

5.  Be notified of any costs or expenses for which the foster parent may be eligible for reimbursement;

6.  Be provided a clear, written explanation of the individual treatment and service plan concerning 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, permanency planning meetings, and special staffing concerning the foster child in order to actively participate in the case planning and decision-making process regarding the child;

9.  Provide input concerning the plan of services for the child and to have that input be given full consideration 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 has 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 provisions 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:

(1)	plans to terminate the placement of the child with the foster parent pursuant to 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 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 hearing officer hearing the case, the location of the hearing, and the court docket number of the case;

16.  Be informed of decisions made by the court, the state agency or the child-placing agency concerning the child;

17.  Be considered as a preferred placement option when a foster child who was formerly 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 interest of the child and other children in the home of the foster parent;

18.  Be provided a fair, timely, and impartial investigation of complaints concerning the certification of the foster parent;

19.  Be provided the opportunity to request and receive a fair and impartial hearing regarding decisions that affect certification retention or placement of children in the home;

20.  Be allowed the right to exercise parental substitute authority;

21.  Have timely access to the appeals process of the state agency and child placement agency and the right to be free from acts of harassment and retaliation by any other party when exercising the right to appeal;

22.  Be given the number of the statewide toll-free Foster Parent Hotline; and

23.  File a grievance and be informed of the process for filing a grievance; and

24.  Receive a copy of the liability insurance policy the Department of Human Services maintains for every Department-contracted foster home placement.

B.  The Department of Human Services 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 to create a private right of action or claim on the 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, 2014.

Passed the House of Representatives the 12th day of March, 2014.

	
	Presiding Officer of the House
	of Representatives

Passed the Senate the 15th day of April, 2014.

	
	Presiding Officer of the Senate

OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.

	_________________________________
	Governor of the State of Oklahoma

OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________ day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________