Title: Short Title: Children; creating Department of Services for Children, Youth and their Families; codification; effective date
Author: Administrator
Last saved by: mattisonkr
Company: Oklahoma House of Reps

STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

HOUSE BILL 2610	By:	Blackwell

AS INTRODUCED

An Act relating to children; transferring duties associated with child welfare; specifying duties of certain agencies; making Office of Juvenile Affairs a division of Department of Services for Children, Youth and Their Families; providing for statutory construction; creating the Department of Services for Children, Youth and Their Families Act of 2012; stating legislative intent; establishing the Department of Services for Children, Youth and Their Families; specifying the powers, duties and functions of Department; providing for the appointment of the Secretary of the Department; specifying Secretary shall serve at the pleasure of the Governor; providing for the filling of vacancy; specifying the powers, duties and functions of the Secretary; providing for the creation of certain divisions within the Department and specifying duties; providing for the creation of the Council on Services for Children, Youth and Their Families; specifying duties of Council; providing for the composition of the Council; providing for the appointment of Council members; providing for the selection of Council Chair; providing length of term of service of Council; specifying responsibilities of Chair of the Council; specifying that Council members shall not be compensated; authorizing travel reimbursement for Council members; providing for the filling of vacancies on Council; transferring the authority of Department of Human Services and the Office of Juvenile Affairs to the Department of Services for Children, Youth and Their Families; specifying all existing rights of appeal shall continue in Department of Services for Children, Youth and Their Families; providing for the transfer of all property necessary for the functioning of the Department of Services for Children, Youth and Their Families from agencies no longer performing Department functions; specifying that all pending cases and proceedings shall be transferred to Department; providing that all policies, rules in effect upon transfer shall remain in effect; specifying that all children in the custody of the Department of Human Services or the Office of Juvenile Affairs shall be deemed in the custody of the Department of Services for Children, Youth and Their Families; providing for the transfer of employees to the Department of Services for Children, Youth and Their Families; specifying the employees shall retain all benefits and retirement accrued; specifying all references to agencies or functions assumed by the Department of Services for Children, Youth and Their Families shall be construed to refer to the Department; providing that all monies associated with former agencies shall be transferred to the Department; requiring Secretary to create certain annual report; directing Secretary to propose annual budget request; directing agencies affected by this act to provide access to all records and facilities to Department of Services for Children, Youth and Their Families; authorizing Department to release certain information to agencies; specifying employees of Department shall be immune to certain liability; specifying act shall not override any existing confidentiality requirements; providing for the creation of a Steering Committee; specifying membership of Committee; specifying duties of Committee; requiring Committee to prepare and submit certain report; directing State Auditor and Inspector to perform certain audit; directing State Auditor and Inspector to make certain report; specifying contents of report; specifying that all references to the Department of Human Services and the Office of Juvenile Affairs in statute shall be construed to mean the Department of Services for Children, Youth and Their Families; providing for codification; and providing 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 1-1-106 of Title 10A, unless there is created a duplication in numbering, reads as follows:
Effective January 1, 2013, the Department of Services for Children, Youth and Their Families shall assume the duties of the Department of Human Services associated with child welfare.  The Department of Human Services shall continue to determine eligibility for any state and federal benefits and continue to establish and collect child support.  In addition, the Department of Human Services Developmental Disabilities Services Division shall continue to provide services as part of the Department of Human Services.  The Office of Juvenile Affairs shall continue to provide all services required pursuant to the Oklahoma Juvenile Code but shall become a division of the Department of Services for Children, Youth and Their Families.  Any reference to the Department of Human Services or to the Office of Juvenile Affairs in the Oklahoma Children’s Code and the Oklahoma Juvenile Code shall mean the Department of Services for Children, Youth and Their Families, as applicable.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3-1-101 of Title 10A, unless there is created a duplication in numbering, reads as follows:
A.  Sections 2 through 14 of this act shall be known and may be cited as the “Department of Services for Children, Youth and Their Families Act of 2012”.
B.  The Legislature hereby declares that the purpose of this act and the policy of the state is to achieve the consolidation of Child Protective Services within the jurisdiction of a single agency as an initial step towards the development of a comprehensive and unified service delivery system to abused, neglected, dependent, delinquent and mentally ill or emotionally disturbed children and youth within a continuum of care, which shall include the involvement of their families, within the least restrictive environment possible; and to emphasize preventive services to children, youth and their families, in order to avoid the costs to the state of individual and family instability.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3-1-102 of Title 10A, unless there is created a duplication in numbering, reads as follows:
A.  There is hereby established the Department of Services for Children, Youth and Their Families.
B.  The Department of Services for Children, Youth and Their Families shall have the following powers, duties and functions:
1.  To provide to children, youth and their families a comprehensive and effective statewide program of services for children and youth who have been committed to the Department or placed in the care of the Department by the court, referred to the Department by parents, agencies or other individuals, or who have otherwise voluntarily applied to the Department for services;
2.  To provide services to children, youth and their families to prevent children and youth from becoming abused, neglected, dependent and delinquent, as defined under existing law, and to prevent mental illness and emotional disorders among children and youth;
3.  To provide for a variety of facilities and services to children, youth and their families which shall include, but not be limited to, the following:
a.	protective services,
b.	preplacement, preventive services and reunification services,
c.	home-based services,
d.	drug and alcohol inpatient and outpatient services,
e.	residential and institutional facilities,
f.	probation, aftercare and follow-up services,
g.	adoption and permanent placement services,
h.	evaluation, diagnostic and treatment services, and
i.	foster care services;
4.  To prepare and maintain a written case plan for each child under its supervision or custody, which shall include but not be limited to a description of the child's problems, the care and treatment of the child, and any other services to be provided to the child and the family of the child.  Each case plan shall be designed to achieve any placement of the child outside of the home of the child in the least restrictive setting available and in close proximity to the child's home, consistent with the best interests and special needs of the child;
5.  To conduct a written review at least every six (6) months of the case plan for each child under its supervision or custody for the purpose of determining whether the plan is appropriate;
6.  To develop a central case management system which will provide coordinated information on client progress, including the client’s entry and exit from the system, assessment of the client’s needs, development and review of the case plan, and evaluation and monitoring of the client’s progress;
7.  To license, register, and monitor all residential and nonresidential child care facilities, including but not limited to institutions, child placement and adoption agencies, day care centers, family day care homes, group homes, group day care homes and foster homes unless otherwise exempted by law;
8.  To supervise the provision of educational and vocational training in all facilities operated by the Department;
9.  To monitor and evaluate all aspects of its service delivery system and document the need for or degree of compliance with standards, policies and procedures adopted by the Department;
10.  To administer the Interstate Compact on Juveniles and the Interstate Compact on the Placement of Children;
11.  To establish, implement and follow procedures and standards compatible with due process of law with respect to the removal of a child from the home, a change in the placement of a child who is under the supervision or custody of the Department, and any other actions by the Department that may affect the legal rights of a child and the family of the child;
12.  To provide or contract with public and private agencies in the state and other states for facilities and services necessary to achieve the purposes of this act;
13.  To provide or contract for services designed to maintain or provide permanent homes for children who are in out-of-home care, through the provision of adoption services or, if feasible, reunification services for children and their families;
14.  To develop and implement rules, standards and policies governing the internal operation and administration of the Department and provision of services;
15.  To exercise the authority and power to administer protective services to children presently delegated by law to the Department of Human Services; and
16.  To exercise all other powers necessary and proper for the discharge of its duties.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3-1-103 of Title 10A, unless there is created a duplication in numbering, reads as follows:
A.  The administrator and head of the Department of Services for Children, Youth and Their Families shall be the Secretary of the Department of Services for Children, Youth and Their Families, who shall be a person qualified by training and experience to perform the duties of this office.  The Secretary shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor, and receive a salary to be determined by the Governor.
B.  In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position.  The Secretary shall have the power to fill the positions of division directors as are vacant. 
C.  In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint a person to serve as Acting Secretary.  The Secretary may, during an absence from the state, appoint the director of any division of the Department to serve as Acting Secretary during the absence.  In either case the Acting Secretary shall have all the powers and perform all the duties and functions of the Secretary during an absence or incapacity or until a successor is duly qualified and appointed.
SECTION 5.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3-1-104 of Title 10A, unless there is created a duplication in numbering, reads as follows:
The Secretary of the Department of Services for Children, Youth and Their Families shall:
1.  Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees;
2.  Appoint and determine the salary, with the written approval of the Governor, of the following directors who may be removed from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department that may be assigned by the Secretary:
a.	a Director of the Division of Child Protective Services who shall be known as the Director of Child Protective Services, 
b.	a Director of the Division of Youth Rehabilitation Services who shall be known as the Director of Youth Rehabilitation Services, and
c.	a Director of the Division of Administrative and Support Services;
3.  Appoint the following administrators and any additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law:
a.	an Administrator of the Office of Case Management who shall be known as the Administrator of Case Management,
b.	an Administrator of the Office of Primary Prevention who shall be known as the Administrator of Primary Prevention, and
c.	an Administrator of the Office of Planning, Management and Productivity who shall be known as the Administrator of the Office of Planning, Management and Productivity;
4.  Establish, consolidate or abolish such divisions, subdivisions and offices within the Department or transfer or combine the powers, duties and functions of the divisions, subdivisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, providing that all powers, duties and functions required and assigned by law to the Department shall be provided for and maintained;
5.  Make and enter into any and all contracts, agreements or stipulations, and retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract consulting, research, technical and other services and facilities from public and private agencies in the state and other states, as shall be deemed by the Secretary to be necessary in the performance of the functions of the Department; 
6.  Delegate any of the powers, duties and functions of the Secretary to a division, except the power to remove employees of the Department or to determine their compensation;
7.  Establish and promulgate such rules governing the services and programs of the Department and such other rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with federal or state law.  Provided, however, the Department shall continue to rely upon rules in effect at the time of transfer until such time new rules and regulations have been promulgated;
8.  Maintain state-operated faculties throughout the state required for the effective and efficient operation of the Department;
9.  Adopt an official seal or seals for the Department;
10.  Prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the Legislature;
11.  Coordinate the activities of the Department with those of other state departments and private agencies concerned with providing services for children and their families;
12.  Make such reports in the form and containing the information as the federal government may require in order to obtain federal aid and comply with the provisions as the federal government may find necessary to assure the correctness and verification of the reports; and
13.  Have any other powers and duties as are necessary to administer the powers, duties and functions of the Department and implement the purposes of the Department of Services for Children, Youth and Their Families Act of 2012.
SECTION 6.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3-1-105 of Title 10A, unless there is created a duplication in numbering, reads as follows:
The following major organizational units are hereby created within the Department of Services for Children, Youth and Their Families:
1.  The Division of Child Protective Services which shall be responsible for the provision of child protective, placement, treatment, prevention, adoption, and related services;
2.  The Division of Youth Rehabilitation Services which shall be responsible for the provision of detention, institutional care, probation, aftercare and prevention services for children and youth. The Office of Juvenile Affairs shall be renamed the Division of Youth Rehabilitation Services and shall continue to provide the services required of the Office of Juvenile Affairs;
3.  The Division of Administrative and Support Services which shall be responsible for administering and coordinating fiscal affairs, recordkeeping, personnel, accounting and purchasing, and other general services for the Department as the Secretary may deem necessary for the proper, efficient and economical operation of the Department;
4.  The Office of Case Management which shall be responsible for monitoring case management among the divisions within the Department.  This Office shall have the authority to assign case management responsibility to one of the service divisions whenever necessary;
5.  The Office of Primary Prevention which shall have the responsibility for providing training, public education and consultation services aimed at preventing child abuse, dependency, neglect, juvenile delinquency, mental health disorders, and drug and alcohol abuse among children and youth; and
6.  The Office of Planning, Management and Productivity which shall be responsible for coordinating planning activities for the Department which shall include, but not be limited to, the development of standards, regulations and policy, ongoing program monitoring and evaluation of services provided by the Department directly and through contractual arrangements.
SECTION 7.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3-1-106 of Title 10A, unless there is created a duplication in numbering, reads as follows:
A.  There is hereby created a Council on Services for Children, Youth and Their Families which shall serve in an advisory capacity to the Secretary of the Department of Services for Children, Youth and Their Families.
B.  The duties of the Council shall include, but not be limited to, the following:
1.  Study, research, plan and advise the Secretary on matters it deems appropriate to enable the Department to function in the best possible manner;
2.  Review and advise the Secretary regarding the annual proposed budget for the Department; and
3.  Recommend to the Secretary legislation to improve services for children, youth and their families.
C.  The Council shall be composed of nine (9) members who shall be appointed by the Governor.  The terms of the members shall be for one (1) year.
D.  The Council shall be composed of five public members and four professional members.  Professional members shall be defined as employees of public and private youth service agencies or organizations or related governmental agencies.  Public members shall be defined as persons not employed in a professional capacity with youth service agencies or organizations.  Women and minorities shall be appointed to the Council.  Appointments to the Council shall also include at least two parents of children served by the Department at the time of appointment.
E.  A Chair of the Council shall be chosen by the members of the Council from among the Council members and shall serve in that capacity for a term of one (1) year.
F.  The Chair of the Council shall be responsible for submitting the findings and recommendations of the Council to the Secretary of the Department.  Any written inquiries or recommendations submitted by the Council shall be responded to in written form by the Secretary within thirty (30) days of receipt of the inquiries or recommendations.  The Secretary shall either adopt or reject recommendations made by the Council and provide the Council with a written explanation for the decision.
G.  Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council pursuant to the requirements of the State Travel Reimbursement Act.  The Secretary of the Department shall provide the Council with staff support.
H.  Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall serve the remainder of the term.
SECTION 8.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3-1-107 of Title 10A, unless there is created a duplication in numbering, reads as follows:
The Department of Services for Children, Youth and Their Families shall have the power to perform and shall be responsible for the performance of all powers, duties, and functions relating to the provision of child protective services previously vested by law in the Department of Human Services and all services performed by the Office of Juvenile Affairs.  These powers, duties and functions shall include, but are not limited to, the powers and duties of the Department of Human Services and the Office of Juvenile Affairs.
SECTION 9.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3-1-108 of Title 10A, unless there is created a duplication in numbering, reads as follows:
Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred to the Department of Services for Children, Youth and Their Families or to any division, subdivision or office thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such function is transferred and each appeal shall be addressed in the manner provided by law.
SECTION 10.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3-1-109 of Title 10A, unless there is created a duplication in numbering, reads as follows:
A.  All property, including all books, records, papers, maps, charts, plans, equipment, and other materials owned by or in the possession of the Department of Human Services and the Office of Juvenile Affairs and used in connection with a function transferred to the Department of Services for Children, Youth and Their Families shall be delivered into the custody of the Department of Services for Children, Youth and Their Families.  All investigations, petitions, hearings, and legal proceedings pending before, or instituted by or against, the Department of Human Services and the Office of Juvenile Affairs from which functions are transferred by Section 1 of this act and which are not concluded prior to January 1, 2013, shall continue unabated and remain in full force and effect, and, if necessary, may be completed before, by or in the name of the Department of Services for Children, Youth and Their Families.  All orders and rules made by the Department of Human Services and the Office of Juvenile Affairs from which functions are transferred by Section 1 of this act and which govern such functions, and which are in effect before January 1, 2013, shall remain in full force and effect until revoked or modified in accordance with law by the Department of Services for Children, Youth and Their Families.  All contracts and obligations of the Department of Human Services and the Office of Juvenile Affairs made or undertaken in the performance of a function transferred by this act to the Department of Services for Children, Youth and Their Families shall remain in full force and effect and be performed by the Department of Services for Children, Youth and Their Families.
B.  All resources and equipment which are under the administrative control of the Department of Human Services for the purpose of performing duties required pursuant to the Oklahoma Children’s Code and the Office of Juvenile Affairs are hereby transferred to the Department of Services for Children, Youth and Their Families.
C.  All children who, on December 31, 2012, are under the supervision, care or protection or in the custody of the Department of Human Services or the Office of Juvenile Affairs shall be deemed to be under the supervision, care or protection or in the custody of the Department of Services for Children, Youth and Their Families beginning January 1, 2013.
D.  Employees of any commission, bureau, department, division or agency whose functions are consistent with the Department of Services for Children, Youth and Their Families Act and who have been transferred to the Department of Services for Children, Youth and Their Families by this act shall continue and be deemed to be the employees of the Department of Services for Children, Youth and Their Families on January 1, 2013, and, if applicable, any annual, sick and compensatory time and retirement, longevity and other benefits accrued at the previous positions of the employees as of December 31, 2012, shall be retained.  Any employee not hired by the Secretary may be terminated by operation of law.
E.  All definitions and references to any commission, board, department, council, division, or agency which appear in any other act or law shall, to the extent that they are consistent with the Department of Services for Children, Youth and Their Families Act and in connection with a function transferred by this act to the Department of Services for Children, Youth and Their Families or to any subdivision thereof or to any council or office created by this act, be construed as referring and relating to the Department of Services for Children, Youth and Their Families.
F.  All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent that they are consistent with the Department of Services for Children, Youth and Their Families Act of 2012, and in connection with a function transferred to the Department of Services for Children, Youth and Their Families, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this act.
SECTION 11.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3-1-110 of Title 10A, unless there is created a duplication in numbering, reads as follows:
A.  Any sums appropriated to any division, commission, department, council, agency or person affected by the Department of Services for Children, Youth and their Families Act of 2012 and any funds appropriated to the Department of Human Services or the Office of Juvenile Affairs, which are unencumbered, encumbered or unexpended and any authorized positions affected by the Department of Services for Children, Youth and their Families Act of 2012 shall be and are hereby appropriated and transferred to the Department of Services for Children, Youth and Their Families.  The State Treasurer and the Director of the Office of State Finance are authorized and directed to make such transfers of funds and positions as may be required to carry out the provisions of this act.
B.  The Secretary of the Department of Services for Children, Youth and Their Families shall make an annual report to the Governor and the Legislature of the Department's operations and render such other reports as the Governor or Legislature may request by law.
C.  The Secretary, in cooperation with the Department of Services for Children, Youth and Their Families directors shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the Legislature.  The Department shall be operated within the limitation of the annual appropriation and any other funds appropriated by the Legislature.  Special funds may be used in accordance with approved programs, grants and appropriations. 
SECTION 12.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3-1-111 of Title 10A, unless there is created a duplication in numbering, reads as follows:
A.  In the course of performing its functions as enumerated in the Department of Services for Children, Youth and Their Families Act of 2012, the Department of Services for Children, Youth and Their Families shall be entitled to inspect and copy all records regarding any children in the care, supervision, protection or custody of the Department and their parents, guardians, caretakers, or custodians which are maintained and controlled by the Department of Human Services or the Office of Juvenile Affairs.
B.  The Department of Services for Children, Youth and Their Families shall have the discretion to release information from its records to public and private agencies if it determines that such release will serve the best interests of children in its care.  In releasing records pursuant to this section, the Department of Services for Children, Youth and Their Families, the Department of Human Services, and the Office of Juvenile Affairs and their employees shall have immunity from any civil or criminal liability.
C.  This section shall not be construed to override any confidentiality provisions provided under state or federal law which govern any records in the control of the Department of Human Services or the Office of Juvenile Affairs.
SECTION 13.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3-1-112 of Title 10A, unless there is created a duplication in numbering, reads as follows:
A.  A Steering Committee shall be established to assist in the planning and implementation of the Department of Services for Children, Youth and Their Families.
B.  The Committee shall consist of the Director of the Budget Division of the Office of State Finance, who shall serve as Chairperson, the Director of Human Services, the Superintendent of Public Instruction, the Executive Director of the Office of Juvenile Affairs, and the Secretary of Services for Children, Youth and Their Families.
C.  The Steering Committee shall have the following duties:
1.  To assist in the planning and implementation of the Department of Services for Children, Youth and Their Families;
2.  To prepare a report which shall be submitted to the State Auditor and Inspector which clearly identifies the source and amount of funds to be transferred to the Department of Services for Children, Youth and Their Families from the Department of Human Services on or before July 1, 2013; and
3.  To report to the Governor and the Legislature on or before April 1, 2013, its findings and recommendations regarding the appropriate scope of the Department of Services for Children, Youth and Their Families, which shall include, but not be limited to, the following:
a.	whether the Department shall encompass other state child- and youth-related services, and
b.	whether the authority for the care and custody of juvenile offenders who are found not to be amenable to the rehabilitative processes of the Department of Services for Children, Youth and Their Families should be transferred from the Department.
SECTION 14.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3-1-113 of Title 10A, unless there is created a duplication in numbering, reads as follows:
Effective January 1, 2013, the State Auditor and Inspector shall be responsible for conducting an audit of the financial resources to be transferred to the Department of Services for Children, Youth and Their Families from the Department of Human Services.  The report of the Steering Committee as described by Section 13 of this act shall be considered by the State Auditor and Inspector in making a preliminary report.  The preliminary audit findings shall be submitted to the Steering Committee and the Secretary of the Department.  The State Auditor and Inspector may revise the preliminary report upon consideration of written comments by the Steering Committee.  The final report shall include but not be limited to the following:
1.  Identification of the source and amount of funds within the Department of Human Services that were used for the provision of child mental health, youth correctional and youth probation services and the related administrative and support services during Fiscal Year 2011;
2.  Identification of the source and amount of funds within the Department of Human Services that will be transferred to the Department of Services for Children, Youth and Their Families on or before July 1, 2013; and
3.  The identification of any additional funds within the Department of Human Services used for the provision of child protective services and related administrative and support services which may be transferred to the new Department on January 1, 2013.  Any funds identified in the audit shall be transferred by the Director of the Office of State Finance and State Treasurer to the new Department on or before January 1, 2013.
SECTION 15.  This act shall become effective January 1, 2013.

53-2-8708	SDR	01/17/12

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