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ENGROSSED SENATE
BILL NO. 1570 By: Rosino of the Senate
and
Lawson and Pae of the House
[ children - Department of Child Safety and Well-
being - transition plan - employees - administrative
rules - Commissioner of Child Safety and Well-being -
appointment and removal - powers and duties - Board
of Child Safety and Well-being - membership -
compensation - codification - 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 3-1-101 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
A. There is hereby created the Department of Child Safety and
Well-being, which shall consist of the Commissioner of Child Safety
and Well-being and such divisions, offices, positions, and advisory
boards or committees as may be established by the Commissioner or by
law.
B. 1. All applicable powers, duties, and functions of the
Child Welfare Services Division of the Department of Human Services
shall be fully transferred to the Department of Child Safety and
Well-being on July 1, 2027.
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2. All applicable powers, duties, and functions of the Office
of Juvenile Affairs shall be fully transferred to the Department of
Child Safety and Well-being on July 1, 2027.
3. All applicable powers, duties, and functions of the Oklahoma
Commission on Children and Youth shall be fully transferred to the
Department of Child Safety and Well-being and the the Office of
Client Advocacy within the State Department of Health on July 1,
2027. Oversight and investigative functions of the Oklahoma
Commission on Children and Youth that necessitate an independent
oversight agency shall be transferred to the Office of Client
Advocacy. All other functions of the Oklahoma Commission on
Children and Youth including, but not limited to, programs and
services for children and youth shall be transferred to the
Department of Child Safety and Well-being.
C. The Governor may appoint, and fix the compensation of, an
interim Commissioner of Child Safety and Well-being to begin
development and implementation of the transition plan described in
subsection D of this section until the Board of Child Safety and
Well-being created under Section 3 of this act convenes and appoints
a permanent Commissioner. Until such time, the interim Commissioner
shall have the same powers and duties as the permanent Commissioner
as provided by Section 2 of this act.
D. Not later than November 1, 2026, the Commissioner of Child
Safety and Well-being and the Advocate General of the Office of
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Client Advocacy, in collaboration with the Director of Human
Services, the Executive Director of the Office of Juvenile Affairs,
and the Director of the Oklahoma Commission on Children and Youth,
shall develop and implement a plan for the orderly establishment of
the Department of Child Safety and Well-being, its transition from
the affected state agencies, and the division of the Oklahoma
Commission on Children and Youth between the Department of Child
Safety and Well-being and the Office of Client Advocacy. The plan
shall be published online and electronically submitted to the
Governor, the President Pro Tempore of the Senate, and the Speaker
of the House of Representatives. The plan shall:
1. Provide for, as applicable, the transfer of all property,
equipment, supplies, records, matters pending, assets, future
liabilities, fund balances, encumbrances, obligations, indebtedness,
and legal and contractual rights and responsibilities of the Child
Welfare Services Division of the Department of Human Services, the
Office of Juvenile Affairs, and the Oklahoma Commission on Children
and Youth;
2. Provide for, in accordance with subsection E of this
section, the transfer of employees from the Child Welfare Services
Division of the Department of Human Services, the Office of Juvenile
Affairs, and the Oklahoma Commission on Children and Youth;
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3. Determine the allocation of resources between the newly
created Department of Child Safety and Well-being, the Office of
Client Advocacy, and the Department of Human Services;
4. Determine the allocation of functions where the performance
of services may be shared between the Department of Child Safety and
Well-being and the Department of Human Services, as practicable;
5. Determine whether any administrative support services or
office space can continue to be provided by the Department of Human
Services;
6. Delineate the allocation of functions and responsibilities
of the the Oklahoma Commission on Children and Youth between the
Department of Child Safety and Well-being and the Office of Client
Advocacy in accordance with paragraph 3 of subsection B of this
section;
7. Detail a strategy to improve the safety and well-being of
children in this state, especially children in foster care and other
vulnerable children, through alignment of programs and services for
children and enhanced care coordination. The strategy shall
emphasize prevention and shall include a child behavioral health
component; and
8. Identify other areas deemed relevant by the Commissioner and
make recommendations to achieve an orderly transition and ensure
continuity of services.
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E. 1. All employees of the Child Welfare Services Division of
the Department of Human Services shall be transferred to the
Department of Child Safety and Well-being not later than July 1,
2027.
2. All employees of the Office of Juvenile Affairs shall be
transferred to the Department of Child Safety and Well-being not
later than July 1, 2027.
3. Each employee of the Oklahoma Commission on Children and
Youth shall, not later than July 1, 2027, be transferred to either
the Department of Child Safety and Well-being or the Office of
Client Advocacy, based upon the responsibilities of each employee
relative to the delineation of program areas provided in paragraph 3
of subsection B of this section.
4. No employee shall be transferred to the Department of Child
Safety and Well-being or the Office of Client Advocacy except on the
freely given written consent of the employee. Any employee who is
transferred shall not be required to accept a lesser grade or salary
than presently received. All employees shall retain leave, sick,
and annual time earned, and any retirement and longevity benefits
that have accrued during their tenure with the Department of Human
Services, the Office of Juvenile Affairs, or the Oklahoma Commission
on Children and Youth. The transfer of personnel between the state
agencies shall be coordinated with the Office of Management and
Enterprise Services.
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F. 1. The Director of the Office of Management and Enterprise
Services shall coordinate the transfer of funds, allotments,
purchase orders, and outstanding financial obligations or
encumbrances as provided for in this section.
2. The Department of Human Services, the the Office of Juvenile
Affairs, and the Oklahoma Commission on Children and Youth may use
available funds for the transition initiative.
G. 1. On July 1, 2027, the administrative rules related to any
programs or services provided by the Department of Child Safety and
Well-being previously promulgated by the Director of Human Services,
the Board of Juvenile Affairs, or the Oklahoma Commission on
Children and Youth shall be transferred to and become a part of the
administrative rules of the Department of Child Safety and Well-
being. The Office of Administrative Rules in the Office of the
Secretary of State shall provide adequate notice in “The Oklahoma
Register” of the transferred rules and shall place the transferred
rules under the Oklahoma Administrative Code section of the
Department of Child Safety and Well-being. Beginning July 1, 2027,
any amendment, repeal, or addition to the transferred rules shall be
under the rulemaking authority of the Board of Child Safety and
Well-being.
2. On July 1, 2027, the administrative rules related to any
programs or services provided by the Office of Client Advocacy
previously promulgated by the Oklahoma Commission on Children and
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Youth shall be transferred to and become a part of the
administrative rules of the State Department of Health. The Office
of Administrative Rules in the Office of the Secretary of State
shall provide adequate notice in “The Oklahoma Register” of the
transferred rules and shall place the transferred rules under the
Oklahoma Administrative Code section of the State Department of
Health. Beginning July 1, 2027, any amendment, repeal, or addition
to the transferred rules shall be under the rulemaking authority of
the State Commissioner of Health.
H. Upon completion of the transfers described in this section,
the Child Welfare Services Division of the Department of Human
Services, the Office of Juvenile Affairs, the Board of Juvenile
Affairs, and the the Oklahoma Commission on Children and Youth shall
be abolished.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-1-201 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
A. The chief executive officer of the Department of Child
Safety and Well-being shall be the Commissioner of Child Safety and
Well-being, who shall act for the Department in all matters except
as may be otherwise provided by law.
B. The Commissioner shall be appointed by and shall serve at
the pleasure of the Board of Child Safety and Well-being established
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under Section 3 of this act and may be removed or replaced without
cause.
C. The Commissioner shall have the power and duty to:
1. Administer the programs and services of the Department of
Child Safety and Well-being;
2. Establish internal policies and procedures of the Department
and recommend rules to the Board;
3. Pursuant to legislative authorization, employ, discharge,
appoint, or contract with, and fix the duties and compensation of,
such assistants, attorneys, law enforcement officers, probation
officers, psychologists, social workers, medical professionals,
child welfare specialists, administrative, clerical, technical, and
program staff, investigators, and such other personnel, either on a
full-time, part-time, fee or contractual basis, as in the judgment
and discretion of the Commissioner shall be deemed necessary in the
performance or carrying out of any of the purposes, objectives,
responsibilities, or statutory provisions relating to the
Department, or to assist the Commissioner in the performance of
official duties and functions;
4. Establish within the Department such divisions, offices,
positions, and advisory boards or committees as the Commissioner
deems necessary to carry out the functions of the Department;
5. Create the annual legislative budget request for the
Department to be approved by the Board;
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6. Accept, use, and administer grants, allotments, funds,
appropriations, gifts, devises, bequests, and other property made or
offered to the Department; and
7. Exercise all incidental powers which are necessary and
proper to implement the purposes of the Department.
D. In the event of the Commissioner’s temporary absence, the
Commissioner may delegate the exercise of such powers and duties to
a designee during such absence. In the event of a vacancy in the
position of Commissioner, the Board shall appoint a new
Commissioner. The Board may designate an interim or acting
Commissioner who is authorized to exercise such powers and duties
until a permanent Commissioner is employed.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-1-301 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
A. There is hereby created the Board of Child Safety and Well-
being, which shall be the governing board of the Department of Child
Safety and Well-being established under Section 1 of this act. The
Board shall consist of the following nine (9) members, whose initial
appointments shall be made not later than November 1, 2026:
1. Five members appointed by the Governor:
a. at least two of whom shall have professional
experience in social work, child welfare, children’s
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behavioral health, community-based youth services,
juvenile justice, or criminal justice,
b. at least one of whom shall have lived experience as a
parent, foster parent, foster child, kinship
caregiver, juvenile-justice-involved youth, or other
relevant lived experience, and
c. at least one of whom shall have professional
experience in executive leadership or financial
management of a large-scale business enterprise;
2. Two members appointed by the President Pro Tempore of the
Senate:
a. at least one of whom shall have professional
experience in social work, child welfare, children’s
behavioral health, community-based youth services,
juvenile justice, or criminal justice, and
b. at least one of whom shall have professional
experience in executive leadership or financial
management of a large-scale business enterprise; and
3. Two members appointed by the Speaker of the House of
Representatives:
a. at least one of whom shall have professional
experience in social work, child welfare, children’s
behavioral health, community-based youth services,
juvenile justice, or criminal justice, and
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b. at least one of whom shall have professional
experience in executive leadership or financial
management of a large-scale business enterprise.
The Commissioner of Child Safety and Well-being shall be an ex
officio member of the Board, but may vote only in case of a tie
vote.
B. 1. Each member of the Board shall serve at the pleasure of
his or her appointing authority and may be removed or replaced
without cause.
2. To be eligible for appointment to the Board, a person shall:
a. be a citizen of the United States,
b. be a resident and qualified elector of this state,
c. not have been convicted of a crime listed in
subsection D of Section 112.5 of Title 43 of the
Oklahoma Statutes, and
d. not have a direct financial interest in any matter
that comes before the Board or in any program,
service, or contract related to the Department.
3. Each member of the Board shall successfully complete an
Oklahoma State Bureau of Investigation name-based criminal history
records search.
C. 1. The Board shall elect a chair and vice chair from among
its members.
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2. The Board shall hold meetings as necessary at a place and
time to be fixed by the Board. Special meetings may be called by
the chair or by five members of the Board by delivery of electronic
notice to each member of the Board.
3. A majority of members serving on the Board shall constitute
a quorum of the Board.
4. Members of the Board shall receive necessary travel expenses
according to the provisions of the State Travel Reimbursement Act,
but shall receive no other compensation. Travel expenses shall be
paid from funds available to the Department.
D. The Board shall have the power and duty to:
1. Appoint and fix the compensation of the Commissioner of
Child Safety and Well-being in accordance with Section 3601.2 of
Title 74 of the Oklahoma Statutes;
2. Promulgate rules as necessary to carry out the duties of the
Department;
3. Supervise the activities of the Department and assist the
Department in conducting periodic reviews and planning activities
related to the goals, objectives, priorities, and policies of the
Department;
4. Review and approve the annual legislative budget request of
the Department and monthly financial reports of the Department; and
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5. Establish contracting procedures for the Department and
approve rates of payment for services provided by contract in
accordance with the Oklahoma Central Purchasing Act.
SECTION 4. This act shall become effective September 1, 2026.
Passed the Senate the 25th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2026.
Presiding Officer of the House
of Representatives