ENGROSSED HOUSE
BILL NO. 2735	By:	Peters, Kern and Blackwell of the House

				and

		Anderson of the Senate

An Act relating to children; providing that certain requirements shall be consistent with the Settlement of Litigation Agreement of 2012; amending 10 O.S. 2011, Sections 601.3 and 601.6, which relate to the powers and duties of the Oklahoma Commission on Children and Youth; removing certain duties; authorizing Commission to select Chief Children’s Advocate; specifying requirements; specifying duties of Advocate; providing for the Office to take responsibility for certain investigations; directing Office to rely upon existing protocols and policies; directing Office of Client Advocacy to create certain report; specifying certain information shall remain confidential; providing penalty for violations; specifying use of information shall be limited; authorizing certain use of information; providing that Chief Children’s Advocate shall have certain access; amending 10A O.S. 2011, Section 1-6-105, which relates to public disclosure of information in certain child welfare cases; providing for the disclosure of certain investigations; amending 10A O.S. 2011, Section 1-9-112, which relates to Office of Client Advocacy duties; removing certain duties; directing Advocate General to assist Office of Juvenile Oversight in the transfer of duties; amending 10A O.S. 2011, Section 2-7-202, which relates to powers and duties of the Office of Juvenile Affairs; directing Office to certify certain shelters managed by the Department of Human Services; providing for noncodification; 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 not to be codified in the Oklahoma Statutes reads as follows:
Any requirement imposed by this act upon the Oklahoma Commission on Children and Youth shall be consistent with the Settlement of Litigation Agreement agreed to by the Human Services Commission in 2012.
SECTION 2.     AMENDATORY     10 O.S. 2011, Section 601.3, is amended to read as follows:
Section 601.3  The Oklahoma Commission on Children and Youth is hereby authorized and directed to:
1.  Establish and maintain the Office of Planning and Coordination for Services to Children and Youth;
2.  Establish and maintain the Office of Juvenile System Oversight; and
3.  Designate community partnership districts for services to children and youth and, within the limitations of available funds, whether appropriated or otherwise available, provide staff, technical assistance and other assistance as necessary and appropriate to the district boards; and
4.  Establish a system of certification in accordance with the Child Care Facilities Licensing Act for the shelters managed and operated by the Department of Human Services pursuant to Section 7004-3.1 of this title.
SECTION 3.     AMENDATORY     10 O.S. 2011, Section 601.6, is amended to read as follows:
Section 601.6  A.  The Office of Juvenile System Oversight shall have the responsibility of investigating and reporting misfeasance and malfeasance within the children and youth service system, inquiring into areas of concern, investigating complaints filed with the Office of Juvenile System Oversight, and performing issue-specific systemic monitoring as directed by the Commission on Children and Youth of the children and youth service system to ascertain compliance with established responsibilities.
It shall be the duty of the Office of Juvenile System Oversight to conduct not less than one but not more than two regular, periodic, unannounced inspections of state-operated children's institutions and facilities and to review the reports of the inspections of the State Fire Marshal and the Department of Health and any agencies which accredit such institutions and facilities.
B.  The Office of Juvenile System Oversight shall:
1.  Have the authority to examine and copy all records and budgets pertaining to the children and youth service system and to interview the residents of such facilities and shall have access to all facilities within the children and youth service system for the purpose of conducting systemic oversight and complaint investigations;
2.  Have the authority to subpoena witnesses and hold public hearings;
3.  Establish, in accordance with the Dispute Resolution Act, Sections 1801 through 1813 of Title 12 of the Oklahoma Statutes, a voluntary program for foster parents to mediate complaints concerning the rights of foster parents, as provided for in Section 7206.1 1-9-119 of this title Title 10A of the Oklahoma Statutes, that relate to certain actions, inactions or decisions of the Department of Human Services, the Department of Juvenile Justice, or child-placing agencies that may adversely affect the safety and well-being of children in the custody of the state;
4.  Issue reports to the Governor, Speaker of the House of Representatives, President Pro Tempore of the Senate, Chief Justice of the Supreme Court of the State of Oklahoma, any appropriate prosecutorial agency, the director of the agency under consideration, and other persons as necessary and appropriate; and
5.  Provide recommendations to the Oklahoma Commission on Children and Youth on or before May 1 of each year.
C.  1.  Effective November 1, 2012, the Commission shall be authorized to hire a Chief Children’s Advocate, who shall be an attorney.  The Chief Children’s Advocate of the Office of Juvenile System Oversight shall be a member of the Oklahoma Bar Association and shall have a minimum of three (3) years' experience as an attorney.  The compensation of the Chief Children’s Advocate shall be no less than that of the classification of Attorney III as established in the Merit System of Personnel Administration classification and compensation plan, but shall be an unclassified position.
2.  The duties and responsibilities of the Chief Children’s Advocate are to:
a.	supervise any personnel assigned by the Commission to assist the Chief Children’s Advocate,
b.	the Chief Children’s Advocate shall have standing to provide the court recommendation for placement of a child in all cases in which the Chief Children’s Advocate believes there is a serious risk of danger to the health or safety of that child, 
c.	monitor and review grievance procedures and hearings,
d.	establish and maintain a fair, simple, and expeditious system for resolution of grievances of all children in the custody of the Department of Human Services regarding:
(1)	the substance or application of any written or unwritten policy or rule of the Department or agent of the Department, or
(2)	any decision or action by an employee or agent of the Department, or of any child in the custody of the Department,
e.	investigate allegations of abuse, neglect, sexual abuse, and sexual exploitation, as those terms are defined in the Oklahoma Children’s Code, by a person responsible for a child, including private placements:
(1)	residing outside the home of the child other than children in foster care or children in the custody of the Office of Juvenile Affairs and placed in an Office of Juvenile Affairs’ secure facility, and
(2)	in a day treatment program, as defined in Section 175.20 of this title, and submit a report of the results of the investigation to the appropriate district attorney and to the State Department of Health,
f.	establish a system for investigating allegations of misconduct by a person responsible for a child, not rising to the level of abuse, neglect, sexual abuse, or sexual exploitation with regard to any child or resident listed in subparagraph e of this paragraph,
g.	make recommendations to the Commission and provide regular or special reports regarding grievance procedures, hearings and investigations to the Commission, and other appropriate persons as necessary and make reports to the Commission for Human Services regarding recommendations, statistical information and areas of concern, not to include Developmental Disability Services Division children who are in state custody,
h.	perform such other duties as required by the Commission, and
i.	develop policies and procedures as necessary to implement the duties and responsibilities assigned to the Office of Client Advocacy.
D.  The Office of Juvenile System Oversight shall take responsibility for all investigations assumed by the Office pursuant to the requirements of this act which are pending at the Office of Client Advocacy on January 1, 2013.  The Chief Children’s Advocate shall rely upon all protocols and investigative policies and procedures in effect at the Office of Client Advocacy until new rules are promulgated and approved by the Commission.
E.  The Office of Client Advocacy shall make a complete written report of the investigations to be transferred to the Chief Children’s Advocate.  The investigative report, together with its recommendations, shall be submitted to the Chief Children’s Advocate.
F.  1.  Except as otherwise provided by the Oklahoma Children’s Code, the reports required by Section 1-2-101 of Title 10A of the Oklahoma Statutes or any other information acquired pursuant to the Oklahoma Children’s Code shall be confidential and may be disclosed only as provided in Section 1-2-108 of Title 10A of the Oklahoma Statutes and the Oklahoma Children’s Code.
2.  Except as otherwise provided by the Oklahoma Children’s Code, any violation of the confidentiality requirements of the Oklahoma Children’s Code shall, upon conviction, be a misdemeanor punishable by up to six (6) months in jail, by a fine of Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
3.  Any records or information disclosed as provided by this subsection shall remain confidential.  The use of any information shall be limited to the purpose for which disclosure is authorized.  Rules promulgated by the Oklahoma Commission for Children and Youth shall provide for disclosure of relevant information concerning Office of Client Advocacy investigations to persons or entities acting in an official capacity with regard to the subject of the investigation.
4.  Nothing in this section shall be construed as prohibiting the Office of Juvenile System Oversight or the Commission from disclosing such confidential information as may be necessary to secure appropriate care, treatment, or protection of a child alleged to be abused or neglected.
G.  1.  The Office of Juvenile System Oversight and the Office of Client Advocacy shall not release information that would identify a person who makes a complaint to the Office, unless a court of competent jurisdiction orders release of the information for good cause shown.
2.  The Chief Children’s Advocate of the Office of Juvenile System Oversight or designee shall at all times be granted access to any foster home or any child-placing agency which is certified, authorized, or funded by the Department.
SECTION 4.     AMENDATORY     10A O.S. 2011, Section 1-6-105, is amended to read as follows:
Section 1-6-105.  A.  For purposes of this section, the term “near death” means the child is in serious or critical condition, as certified by a physician, as a result of abuse or neglect.
B.  When a person responsible for a child has been charged by information or indictment with committing a crime resulting in the death or near death of the child, there shall be a presumption that the best interest of the public is served by public disclosure of certain information concerning:
1.  The circumstances of the investigation of the death or near death of the child; and
2.  Any other investigations concerning that child, or other children while living in the same household.
C.  1.  At any time subsequent to seven (7) days, but no more than forty-five (45) days, of the date the person responsible for the child has been criminally charged, the Department of Human Services, the district attorney, the district court clerk, and the judge having jurisdiction over the case, upon request, shall release certain information to the public as follows:
a.	a confirmation shall be provided by the Department as to whether a report has been made concerning the alleged victim or other children while living in the same household and whether an investigation has begun,
b.	confirmation shall be provided by the Department as to whether previous reports have been made and the dates thereof, a summary of those previous reports, the dates and outcome of any investigations or actions taken by the Department in response to a previous report of child abuse or neglect, and the specific recommendation made to the district attorney and any subsequent action taken by the district attorney,
c.	the dates of any judicial proceedings prior to the death or near death of the child,
d.	recommendations submitted by each participant in writing at the judicial proceedings including recommendations made at the hearing as they relate to custody or placement of a child, and
e.	the rulings of the court.
2.  Specific recommendations made and services rendered by the Department described in any progress reports of a pending case submitted to the court may be disclosed by the Department.
D.  1.  At any time subsequent to seven (7) days after the date the person responsible for the child has been criminally charged, the Oklahoma Commission on Children and Youth shall, upon request, release certain information to the public within sixty (60) days of the request as follows:
a.	a confirmation shall be provided by the Commission as to whether a report of suspected child abuse or neglect has been made concerning the alleged victim or other children while living in the same household and whether an investigation has begun,
b.	confirmation shall be provided by the Commission as to whether previous reports of suspected child abuse or neglect have been made and the dates thereof, a summary of those previous reports, the dates and outcome of any investigations or actions taken by the Department and the Commission in response to any previous report of child abuse or neglect, and the specific recommendation made to the district attorney and any subsequent action taken by the district attorney,
c.	the dates of any judicial proceedings prior to the death or near death of the child,
d.	recommendations submitted by the Department and the Commission shall be provided in writing including recommendations made at the hearing as they relate to custody or placement of a child, and
e.	the rulings of the court.
2.  Specific recommendations made by the Commission described in any progress reports of a pending case submitted to the court may be disclosed by the Commission.
E.  If the death of a child has been determined by the Medical Examiner to have been the result of homicide and criminal charges have not been filed, and the child has been in the custody of the Department of Human Services or has been the subject of investigation by the Department of Human Services for allegations of abuse or neglect, there shall be a presumption that the best interest of the public is served by public disclosure of certain information concerning:
1.  The circumstances of the investigation of the death of the child;
2.  The circumstances of the previous investigation or investigations by the Department of Human Services; and
3.  The child welfare history if the child has been in the custody of the Department of Human Services.
F.  1.  At any time subsequent to seven (7) days, but no more than forty-five (45) days, of the date the Medical Examiner issues the autopsy report determining the cause of death of the child to be homicide, the Department of Human Services, the district attorney, the district court clerk, and the judge having jurisdiction over the case, if applicable, upon request, shall release certain information to the public as follows:
a.	confirmation by the Department as to the previous reports that have been made and the dates thereof, a summary of those previous reports, the dates and outcome of any investigations or actions taken by the Department in response to a previous report of child abuse or neglect, and the specific recommendation made to the district attorney and any subsequent action taken by the district attorney,
b.	the dates of judicial proceedings, if any, prior to the death of the child,
c.	recommendations, if any, submitted by each participant in writing at the judicial proceedings including recommendations made at the hearing as they relate to custody or placement of the child, and
d.	the rulings of the court, if any.
2.  Specific recommendations made and services rendered by the Department described in any progress reports of a pending case submitted to the court may be disclosed by the Department.
G.  1.  At any time subsequent to seven (7) days after the date the Medical Examiner issues the autopsy report determining the cause of death of the child to be homicide, the Oklahoma Commission on Children and Youth shall, upon request, release certain information to the public within sixty (60) days of the request as follows:
a.	confirmation by the Commission as to the previous reports of suspected child abuse or neglect made and the dates thereof, a summary of those previous reports, the dates and outcome of any investigations or actions taken by the Department and the Commission in response to any previous report of child abuse or neglect, and the specific recommendation made to the district attorney and any subsequent action taken by the district attorney,
b.	the dates of any judicial proceedings prior to the death or near death of the child,
c.	recommendations submitted by the Department and the Commission in writing including recommendations made at the hearing as they relate to custody or placement of a child, and
d.	the rulings of the court.
2.  Specific recommendations made by the Commission described in any progress reports of a pending case submitted to the court may be disclosed by the Commission.
H.  Any disclosure of information pursuant to this section shall not identify or provide an identifying description of any complainant or reporter of child abuse or neglect, and shall not identify the name of the child victim's siblings or other children living in the same household, the parent or other person responsible for the child, or any other member of the household, other than the person criminally charged.
SECTION 5.     10A O.S. 2011, Section 1-9-112, is amended to read as follows:
Section 1-9-112.  A.  1.  The Commission for Human Services is authorized and directed to establish the Office of Client Advocacy within the Department of Human Services and to employ personnel necessary to carry out the purposes of this section and the duties listed in this section.  Personnel may be dismissed only for cause.
2.  The chief administrative officer of the Office of Client Advocacy shall be the Advocate General, who shall be an attorney selected from a list of three names submitted by the Oklahoma Commission on Children and Youth.  The Advocate General shall be a member of the Oklahoma Bar Association and shall have a minimum of three (3) years' experience as an attorney.  The compensation of the Advocate General shall be no less than that of the classification of Attorney III as established in the Merit System of Personnel Administration classification and compensation plan, but shall be an unclassified position.
3.  The duties and responsibilities of the Advocate General are to:
a.	supervise personnel assigned to the Office of Client Advocacy,
b.	monitor and review grievance procedures and hearings,
c.	establish and maintain a fair, simple, and expeditious system for resolution of grievances of:
(1)	all children in the custody of the Department of Human Services regarding:
(a)	the substance or application of any written or unwritten policy or rule of the Department or agent of the Department, or
(b)	any decision or action by an employee or agent of the Department, or of any child in the custody of the Department,
(2)	foster parents relating to the provision of foster care services pursuant to this section and Section 1-9-117 of this title, and
(3) (2)	all persons receiving services from the Developmental Disabilities Services Division of the Department of Human Services,
d.	investigate allegations of abuse, neglect, sexual abuse, and sexual exploitation, as those terms are defined in the Oklahoma Children’s Code, by a person responsible for a child, regardless of custody:
(1)	residing outside their own homes other than children in foster care or children in the custody of the Office of Juvenile Affairs and placed in an Office of Juvenile Affairs secure facility,
(2)	in a day treatment program as defined in Section 175.20 of Title 10 of the Oklahoma Statutes, and submit a report of the results of the investigation to the appropriate district attorney and to the State Department of Health,
(3)	receiving services from a community services worker as that term is defined in Section 1025.1 of Title 56 of the Oklahoma Statutes, and
(4)	residing in a state institution listed in Section 1406 of Title 10 of the Oklahoma Statutes,
e.	establish a system for investigating allegations of misconduct, by a person responsible for a child, not rising to the level of abuse, neglect, sexual abuse, or sexual exploitation with regard to any child or resident listed in subparagraph d of this paragraph,
f.	coordinate any hearings or meetings of Departmental administrative review committees conducted as a result of unresolved grievances or as a result of investigations,
g. e.	make recommendations to the Director, and provide regular or special reports regarding grievance procedures, hearings and investigations to the Director, the Commission, the Office of Juvenile System Oversight and other appropriate persons as necessary,
h. f.	forward to the Office of Juvenile Systems Oversight, for the information of the Director of that office, a copy of the final report of any grievance which is not resolved in the favor of the complainant,
i. g.	perform such other duties as required by the Director of the Department or the Commission, and
j. h.	develop policies and procedures as necessary to implement the duties and responsibilities assigned to the Office of Client Advocacy.
B.  The Office of Client Advocacy shall make a complete written report of their investigations.  The investigation report, together with its recommendations, shall be submitted to the appropriate district attorney’s office.
C.  1.  Except as otherwise provided by the Oklahoma Children’s Code, the reports required by Section 1-2-101 of this title or any other information acquired pursuant to the Oklahoma Children’s Code shall be confidential and may be disclosed only as provided in Section 1-2-108 of this title and the Oklahoma Children’s Code.
2.  Except as otherwise provided by the Oklahoma Children’s Code, any violation of the confidentiality requirements of the Oklahoma Children’s Code shall, upon conviction, be a misdemeanor punishable by up to six (6) months in jail, by a fine of Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
3.  Any records or information disclosed as provided by this subsection shall remain confidential.  The use of any information shall be limited to the purpose for which disclosure is authorized.  Rules promulgated by the Commission for Human Services shall provide for disclosure of relevant information concerning Office of Client Advocacy investigations to persons or entities acting in an official capacity with regard to the subject of the investigation.
4.  Nothing in this section shall be construed as prohibiting the Office of Client Advocacy or the Department from disclosing such confidential information as may be necessary to secure appropriate care, treatment, or protection of a child alleged to be abused or neglected.
D.  1.  The Office of Client Advocacy shall investigate any complaint alleging that an employee of the Department or a child-placing agency has threatened a foster parent with removal of a child from the foster parent, harassed a foster parent, or refused to place a child in a licensed or certified foster home, or disrupted a child placement as retaliation or discrimination towards a foster parent who has:
a.	filed a grievance pursuant to Section 1-9-120 of this title,
b.	provided information to any state official or Department employee, or
c.	testified, assisted, or otherwise participated in an investigation, proceeding, or hearing against the Department or child-placing agency.
2.  The provisions of this subsection shall not apply to any complaint by a foster parent regarding the result of a criminal, administrative, or civil proceeding for a violation of any law, rule, or contract provision by that foster parent, or the action taken by the Department or a child-placement agency in conformity with the result of any such proceeding.
3.  The Office of Client Advocacy shall at all times be granted access to any foster home or any child-placing agency which is certified, authorized, or funded by the Department.
E.  The Advocate General shall assist the Office of Juvenile System Oversight in the transition of duties to the Oklahoma Commission on Children and Youth.  The Advocate General shall prepare summaries and briefing information for all pending cases which shall be transferred to the Office of Juvenile System Oversight.
SECTION 6.     AMENDATORY     10A O.S. 2011, Section 2-7-202, is amended to read as follows:
Section 2-7-202.  A.  There is hereby created the Office of Juvenile Affairs which shall be responsible for programs and services for juveniles alleged or adjudicated to be delinquent or in need of supervision.  Within the Office of Juvenile Affairs there is hereby created:
1.  The Division of Institutional Services which shall be responsible for the institutions operated by or contracted for by the Office of Juvenile Affairs;
2.  The Division of Community-based Youth Services which shall be responsible for contracting with, monitoring, evaluation and support of community-based Youth Services Agencies;
3.  The Division of Juvenile and Treatment Services which shall be responsible for intake, probation and parole services, supervision and placement of juveniles and the contracting for, monitoring and evaluation of residential and treatment programs other than institutions and community-based Youth Services Agencies; and
4.  Such other divisions specifically established by the Executive Director of the Office of Juvenile Affairs, with the approval of the Board.
The Executive Director of the Office of Juvenile Affairs, with the approval of the Board, shall appoint a Director of the Division of Institutional Services, a Director of the Division of Community-based Youth Services, and a Director of the Division of Juvenile and Treatment Services to serve as the administrative head of each division, respectively.  The Division Directors shall have at least six (6) years of experience in the same or similar programs or facilities as they are to supervise and a baccalaureate degree or higher level of education.
B.  Suitable office space shall be provided by the Department of Central Services to the Office of Juvenile Affairs, to the extent necessary for the Office to implement its jurisdictional duties provided by the Oklahoma Juvenile Code, and the Office may incur necessary expenses for office rent.
C.  Effective July 1, 1995, the Office of Juvenile Affairs shall be a Merit System agency and all employees of the Office of Juvenile Affairs shall be classified employees who are subject to the Oklahoma Personnel Act and the Merit System of Personnel Administration, except as otherwise provided by law.
D.  Effective July 1, 1995, within its jurisdictional areas of responsibility, the Office of Juvenile Affairs, acting through the Executive Director, or persons authorized by law, rule or designated by the Executive Director to perform such acts, shall have the power and duty to:
1.  Advise, consult, cooperate and enter into agreements with agencies of the state, municipalities and counties, other states and the federal government, and other persons;
2.  Enter into agreements for, accept, administer and use, disburse and administer grants of money, personnel and property from the federal government or any department or agency thereof, or from any state or state agency, or from any other source, to promote and carry on in this state any program within its jurisdictional area of responsibility;
3.  Require the establishment and maintenance of records and reports;
4.  Establish a system of training for personnel in order to assure uniform statewide application of law and rules;
5.  Enforce the provisions of the Oklahoma Juvenile Code and rules promulgated thereunder and orders issued pursuant thereto;
6.  Charge and receive fees pursuant to fee schedules promulgated by the Board of Juvenile Affairs;
7.  Conduct studies, research and planning of programs and functions, pursuant to the authority granted by the Oklahoma Juvenile Code;
8.  Enter into interagency agreements;
9.  Provide administrative and support services to the Board of Juvenile Affairs as necessary to assist the Board in the performance of their duties;
10.  Establish and maintain such facilities and institutions as are necessary or convenient for the operation of programs for children under the jurisdiction of the Office of Juvenile Affairs;
11.  Lease, from time to time, any real property which the Board of Juvenile Affairs shall determine advisable to more fully carry into effect the operation of the Office of Juvenile Affairs in accordance with applicable state statutes.  All such leases for real property shall be subject to the provisions of Section 63 of Title 74 of the Oklahoma Statutes;
12.  Purchase or lease any equipment, supplies or materials pursuant to The Oklahoma Central Purchasing Act;
13.  Contract for professional services;
14.  Acquire, construct, extend, and operate any and all facilities of all kinds which in the judgment of the Executive Director and the approval of the Legislature shall be necessary or convenient to carry out the duties of the Office of Juvenile Affairs, as authorized by law; and 
15.  Effective November 1, 2012, establish a system of certification in accordance with the Oklahoma Child Care Facilities Licensing Act for the shelters managed and operated by the Department of Human Services pursuant to Section 1-9-111 of this title; and
16.  Exercise all incidental powers which are necessary and proper to implement and administer the purposes of the Oklahoma Juvenile Code.
E.  The Office of Juvenile Affairs shall maintain a fair, simple and expeditious system for resolution of grievances of all persons committed to the Office of Juvenile Affairs regarding the substance or application of any written or unwritten policy, rule of the Board of Juvenile Affairs or of an agent or contractor of the Office of Juvenile Affairs or any decision, behavior or action by an employee, agent or contractor or by any other person committed to the Office of Juvenile Affairs.
SECTION 7.     This act shall become effective November 1, 2012.
Passed the House of Representatives the 7th day of March, 2012.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2012.

	
Presiding Officer of the Senate