ENROLLED SENATE
BILL NO. 659	By:	Justice of the Senate

				and

			Steele of the House

An Act relating to children; amending 10 O.S. 2001, Section 1116.2, as last amended by Section 1, Chapter 124, O.S.L. 2006 (10 O.S. Supp. 2008, Section 1116.2), which relates to postadjudication review boards; limiting certain liability; authorizing certain person to attend certain board hearings; authorizing temporary members to certain boards; stating requirements for certain members; making language gender neutral; and providing an effective date.

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

SECTION 1.     AMENDATORY     10 O.S. 2001, Section 1116.2, as last amended by Section 1, Chapter 124, O.S.L. 2006 (10 O.S. Supp. 2008, Section 1116.2), is amended to read as follows:

Section 1116.2  A.  There is hereby established a postadjudication review board in each judicial district in the state.  Members and alternate members of the postadjudication review boards shall be residents of or employed within the judicial district in which the board serves and shall be appointed by the Director of the Oklahoma Commission on Children and Youth after consultation with judges in the judicial district having juvenile docket responsibility, provided that in the event of a conflict of interest or for any reason when circumstances or the appearances of justice dictate, the Director of the Oklahoma Commission on Children and Youth may transfer the appointment decision to the entire Oklahoma Commission on Children and Youth whose decision shall be final and further provided, that any aggrieved aspirant may appeal the decision denying appointment by the Director of the Oklahoma Commission on Children and Youth within five (5) days to the Oklahoma Commission on Children and Youth whose decision shall be final.  The Oklahoma Commission on Children and Youth may establish additional postadjudication review boards as needed for each county within a judicial district.

B.  A postadjudication review board for each judicial district shall consist of at least five (5) members.  Alternate review board members may be appointed to serve in the absence of a regularly appointed board member.  Alternate board members shall be appointed in the same manner as regularly appointed board members.  On and after September 1, 1991, currently serving board members shall serve until appointments are made by the Commission on Children and Youth.  The Commission on Children and Youth shall complete initial appointments to the review boards no later than June 30, 1992.

C.  Board members shall be appointed for a term of three (3) years.  Members shall serve after the expiration of their terms until their respective successors shall have been appointed.  Vacancies shall be filled for the duration of unexpired terms.  The review board members shall be appointed according to the following guidelines:

1.  One member shall be a person who has training or experience in issues concerning child welfare, or a person who has demonstrated an interest in children through voluntary community service or professional activities;

2.  Whenever possible, at least one member of the board shall be an individual who has served as a foster parent, provided that no person on the review board shall participate as a board member in any review hearing in which he the person is a party; and

3.  No more than one person employed by any child welfare agency or juvenile court may be appointed to a board at the same time, provided such person shall not participate in any review hearing in which he the person is professionally involved.

D.  Each postadjudication review board shall annually elect a chairperson chair and shall notify the Commission on Children and Youth as to the name and address of the chairman chair.  A list of the members of each local board and its officers shall be filed with the Presiding Judge of the judicial district and each judge within the district having juvenile docket responsibility.

E.  There shall be a rebuttable presumption that a person participating in a judicial proceeding as a postadjudication review board member or a postadjudication review advisory board or postadjudication review board coordinator is acting in good faith.  When acting in good faith, a participant shall be immune from any civil liability that might otherwise be incurred or imposed.  Each postadjudication review board shall meet as often as is necessary at a place it designates to carry out the duties of the board established by Section 1116.3 of this title.  The review board shall meet at least twice annually.  Each review board shall be subject to the provisions of the Oklahoma Open Meeting Act, except that the actual case reviews shall be held in executive session and the names of the children in placement shall not be published; provided, however, that upon the request of the board, members or prospective members of other existing review boards, students or researchers may attend and observe but not participate in board hearings subject to restrictions and conditions imposed by the board.  Members and employees of the State Postadjudication Review Advisory Board who are exercising their oversight responsibilities pursuant to Section 1116.6 of this title may attend and observe but not participate in board hearings.  All parties shall maintain confidentiality, and the names of the children in placement shall not be published.  Temporary ad hoc review boards may be created in counties in which there is no active review board.  The Director of the Oklahoma Commission on Children and Youth may appoint active or alternate members of existing review boards to serve as members of local boards that are unable to meet quorum requirements and to temporarily constitute members of a new board where no current board exists.  A member appointed to temporary service shall be fully qualified as provided by law, and such service shall terminate when the basis for the appointment is remedied or upon the order of the Director.

F.  As a condition of membership thereto, members and alternates of the postadjudication review boards shall attend the next available orientation program after appointment to the board.  Failure to attend an orientation program, at the discretion of the Commission on Children and Youth, may result in the removal of the board member.  Members of postadjudication review boards shall attend the annual meeting or training programs or both such meeting and training programs as are authorized and directed by the Commission on Children and Youth.

G.  Members of postadjudication review boards shall serve without compensation, but shall be reimbursed for travel and training expenses from monies appropriated by the Legislature for such purposes, as provided by the State Travel Reimbursement Act.  The Commission on Children and Youth shall provide members of postadjudication review boards with necessary operating supplies and postage fees or members shall be reimbursed for these expenses.  

H.  The Commission on Children and Youth shall be responsible for developing procedures for the removal of a member from a postadjudication review board.  The grounds for the removal of a postadjudication review board member shall include but not be limited to:

1.  Failure to attend board meetings as required by the Commission on Children and Youth;

2.  Engaging in illegal conduct involving moral turpitude;

3.  Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; or

4.  Wrongful disclosure of information as provided by Section 1116.4 of this title.

I.  Necessary staff assistance required by the postadjudication review boards may be provided by the bailiff or bailiffs, or other person designated by the court, of the judges with juvenile docket responsibility in the judicial district.  Upon the request of the presiding judge, the Chief Justice of the Supreme Court may authorize additional staff to be paid from local court funds to assist the review board.

The Administrative Director of the Courts may include such additional funding requests in the annual budget for the courts as are necessary to provide staff and administrative support for the review boards.

SECTION 2.  This act shall become effective November 1, 2009.

Passed the Senate the 6th day of May, 2009.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the 8th day of April, 2009.

	
Presiding Officer	of the House
	of Representatives