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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1402 By: Provenzano
AS INTRODUCED
An Act relating to children; amending 10 O.S. 2021,
Section 601.6, which relates to the Office of
Juvenile System Oversight; directing monitoring of
children and youth service system; requiring annual
inspections; granting authority to conduct site
visits; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2021, 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.
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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, but not less than annual, 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
State Department of Health and any agencies which accredit such
institutions and facilities. The Office of Juvenile System
Oversight shall conduct periodic inspections of privately operated
children's facilities on a periodic basis or as needed.
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 site visits and speaking with the residents of such
facilities;
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
1-9-119 of Title 10A of the Oklahoma Statutes, that relate to
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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. Receive any complaint alleging that an employee of the
Department of Human Services 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 Title
10A of the Oklahoma Statutes,
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.
The Office of Juvenile System Oversight shall forward the complaints
to the Office of Client Advocacy for investigation pursuant to
subsection D of Section 1-9-112 of Title 10A of the Oklahoma
Statutes. The Office of Juvenile System Oversight shall work with
the Office of Client Advocacy to ensure the complaints are
investigated and resolved in accordance with the grievance
procedures provided in Section 1-9-120 of Title 10A of the Oklahoma
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Statutes. The provisions of this paragraph 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-placing agency in conformity with
the result of any such proceeding;
5. 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
6. Provide recommendations to the Oklahoma Commission on
Children and Youth on or before May 1 of each year.
C. The Office of Juvenile System Oversight 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.
SECTION 2. This act shall become effective November 1, 2025.
60-1-11248 CMA 12/29/24