Bill Summary – FastDemocracy

STATE OF OKLAHOMA
                1st Session of the 59th Legislature (2023)
HOUSE BILL 1017                        By: Lawson
                              AS INTRODUCED
       An Act relating to children; enacting the Family
       Representation and Advocacy Act; creating the Family
       Representation and Advocacy Program; providing
       purpose of program; directing the Administrative
       Office of the Courts to expend funds for certain
       purposes; directing the Family Representation and
       Advocacy Program to work with certain entities and
       individuals for certain purposes; providing duties
       and responsibilities; providing exception; directing
       employment and approval of executive director;
       providing qualification requirements; providing
       duties of the executive director; granting authority
       to contract with certain entities for certain
       purposes; requiring the Family Representation and
       Advocacy Program to provide training to contractors;
       creating the Family Representation and Advocacy
       Program Board; directing appointment of members;
       providing for terms of membership; providing duties
       of Board; defining term; creating the Family
       Representation and Advocacy Program Revolving Fund;
       placing the fund with the Administrative Office of
       the Courts; establishing fund characteristics;
       authorizing budgeting and expenditure of funds for
       certain purposes; requiring organization to maintain
       books and records; requiring annual audit; providing
       use for certain funds; requiring issuance of annual
       report; providing for codification; and providing an
       effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
Req. No. 5231                                                 Page 1
    SECTION 1.     NEW LAW     A new section of law to be codified
in the Oklahoma Statutes as Section 702 of Title 10, unless there is
created a duplication in numbering, reads as follows:
    This act shall be known and may be cited as the "Family
Representation and Advocacy Act".
    SECTION 2.     NEW LAW     A new section of law to be codified
in the Oklahoma Statutes as Section 703 of Title 10, unless there is
created a duplication in numbering, reads as follows:
    A.   There is hereby created within the Administrative Office of
the Courts the Family Representation and Advocacy Program.    The
purpose of the Family Representation and Advocacy Program shall be
to ensure uniform and high-quality legal representation for
children, indigent parents, legal guardians, and Indian custodians
in deprived child actions brought by the state pursuant to the
provisions of Section 1–1–101 et seq. of Title 10A of the Oklahoma
Statutes.
    B.   From funds appropriated or otherwise available for the
purpose of implementing the Family Representation and Advocacy Act,
the Administrative Office of the Courts shall issue a request for
proposals and contract with an eligible organization to administer
the Family Representation and Advocacy Program through the
establishment of a central office for the state.   The Family
Representation and Advocacy Program through the activities of the
central office shall work statewide cooperatively with judicial
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districts and attorneys by contracting with, training, compensating,
and supporting legal counsel for children, indigent parents, legal
guardians, and Indian custodians appointed by the court pursuant to
Section 1-4-306 of Title 10A of the Oklahoma Statutes.   The Family
Representation and Advocacy Program shall have the responsibility to
ensure that all parents, legal guardians, and Indian custodians who
are entitled to court-appointed counsel and all children are
appointed counsel who have the training, support, and access to
resources to provide uniform and high-quality legal representation.
The central office shall not provide direct legal representation to
clients except in selected appeals.
    C.   An executive director for the Family Representation and
Advocacy Program shall be employed by the eligible organization and
approved by the Family Representation and Advocacy Program Board.
The executive director must have at least ten (10) years of
experience as a licensed attorney prior to appointment, be licensed
to practice law in Oklahoma at the time of appointment, and be
familiar with the unique demands of representing children, indigent
parents, legal guardians, and Indian custodians in deprived child
cases in Oklahoma.   The executive director shall devote himself or
herself full time to the performance of his or her duties as
executive director and shall not engage in private practice of law.
The executive director, on behalf of the Family Representation and
Advocacy Program, shall hire all staff, including employees of the
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central office and contract attorneys or other legal providers
eligible for appointment pursuant to Section 1-4-306 of Title 10A of
the Oklahoma Statutes and interdisciplinary contractors required to
implement the Family Representation and Advocacy Act.   The executive
director shall submit budget requests and shall report quarterly to
the Family Representation and Advocacy Program Board.
    D.   The Family Representation and Advocacy Program shall have
authority to contract with any of legal entity, including, but not
limited to, law firms, legal services programs, Offices of Public
Defender, law school clinics, and individual attorneys as needed.
In addition, the Family Representation and Advocacy Program shall
have authority to contract with and compensate social workers,
parent advocates, and parent mentors to provide interdisciplinary
assistance to the attorneys representing children, indigent parents,
legal guardians, and Indian custodians in the deprived child
proceedings.
    The existing Offices of Public Defender shall continue to
provide representation for children in deprived child proceedings
and continue to be funded as set forth in Section 138.4 of Title 19
of the Oklahoma Statutes.   The Offices of the Public Defender may
elect to contract with the Family Representation and Advocacy
Program for additional funds to provide additional staff and
resources in the representation of the children.
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    E.   The Family Representation and Advocacy Program shall ensure
that all counsel are members of the Oklahoma Bar Association in good
standing and are adequately trained.    The Family Representation and
Advocacy Program shall provide uniform and high-quality training in
collaboration with the State of Oklahoma Children's Court
Improvement Program, the Oklahoma Bar Association, local bar
associations, and other relevant state and national organizations to
all attorneys who are appointed to represent children, parents,
legal guardians, and Indian custodians in deprived child
proceedings.    The Family Representation and Advocacy Program shall
verify that contracted attorneys providing legal representation to
children, indigent parents, legal guardians, and Indian custodians
meet the standards of practice as approved by the Oklahoma Supreme
Court and caseload limits as developed and recommended by the
Uniform Representation of Children and Parents in Cases Involving
Abuse and Neglect Oversight Committee created by the Oklahoma
Supreme Court.   In addition, the Family Representation and Advocacy
Program shall ensure that all interdisciplinary contractors are
provided with uniform and evidence-based training, resources, and
support.
    F.   The Family Representation and Advocacy Program shall ensure
that all areas of the state are equitably served and, based on the
appropriations available, shall prioritize those judicial districts
where attorneys are unavailable for court appointments or are
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minimally compensated.   The Family Representation and Advocacy
Program shall determine where additional attorneys are needed within
the state's judicial districts and shall develop additional
resources.
    G.   The Family Representation and Advocacy Program shall ensure
that counsel and interdisciplinary contractors are adequately
compensated based on available appropriations and other funding
received and are provided access to resources in order to deliver
high-quality legal representation.   The Family Representation and
Advocacy Program is authorized to annually review the performance of
the attorneys, interdisciplinary contractors, and entities with
which the eligible organization contracts, with the goal of helping
them to achieve and maintain high-quality performance.   The Family
Representation and Advocacy Program shall ensure that review
measures preserve client confidentiality and avoid conflicts of
interest.
    SECTION 3.     NEW LAW     A new section of law to be codified
in the Oklahoma Statutes as Section 704 of Title 10, unless there is
created a duplication in numbering, reads as follows:
    A.   For the purpose of establishing and providing oversight for
the Family Representation and Advocacy Program, there is hereby
created the Family Representation and Advocacy Program Board within
the Administrative Office of the Courts.   The Board shall consist of
twelve (12) members as follows:
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    1.   One member appointed, initially for a one-year term, by the
President Pro Tempore of the Oklahoma State Senate;
    2.   One member appointed, initially for a one-year term, by the
Speaker of the Oklahoma House of Representatives;
    3.   Three members appointed by the Chief Justice of the Oklahoma
Supreme Court, one each initially to be appointed for one-, two-,
and three-year terms, one of whom shall be a retired district or
associate district court judge who served in the juvenile division
of any Oklahoma district court;
    4.   Three members appointed by the president of the Oklahoma Bar
Association, one each initially to be appointed for one-, two-, and
three-year terms who shall be attorneys with at least five (5) years
of experience in representing parents and children in deprived child
proceedings;
    5.   One member of the Juvenile Justice Oversight and Advisory
Committee to be appointed by the Committee, initially for a two-year
term;
    6.   The project director for the State of Oklahoma Children's
Court Improvement Program, or a designee, to be appointed initially
for a two-year term;
    7.   One member appointed by the Department of Mental Health and
Substance Abuse Services who shall be a parent with lived experience
with the child welfare system, to be appointed initially for a
three-year term; and
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    8.   One member appointed by the Oklahoma Commission on Children
and Youth who shall be an individual with lived experience as a
foster youth within the child welfare system, to be appointed
initially for a three-year term.
    Members shall serve three-year staggered terms, and each member
shall serve until a qualified successor is appointed.    A vacancy
shall be filled for the remainder of the term in the same manner as
a regular appointment.    Members may be reappointed to successive
terms.   Members of the Board shall receive no compensation for their
services on the Board but may be reimbursed pursuant to the State
Travel Reimbursement Act.
    B.   The Family Representation and Advocacy Program Board shall:
    1.   Annually elect one member to serve as chair and one member
to serve as vice-chair;
    2.   Meet not less than quarterly and may meet more frequently as
necessary, as determined by the chair.    Seven members shall
constitute a quorum;
    3.   Review proposals by eligible organizations received by the
Administrative Office of the Courts pursuant to Section 703 of Title
10 of the Oklahoma Statutes and recommend an eligible organization
to the Administrative Office of the Courts to administer the Family
Representation and Advocacy Program;
    4.   Exercise oversight on behalf of the Administrative Office of
the Courts over the selected eligible organization and may take such
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action as deemed necessary to ensure proper administration of the
Family Representation and Advocacy Program;
    5.    Work cooperatively with the eligible organization to provide
governance to the Family Representation and Advocacy Program, to
provide fiscal oversight of the general operating budget of the
program's central office, to participate in funding decisions
relating to the provision and expansion of parent counsel and the
interdisciplinary contractors within the state, based on annual
appropriations and funds received, and to assist with the duties of
the Program's central office concerning parent counsel training, as
needed;
    6.    Prepare the rules, standards, training requirements for
attorneys and interdisciplinary contractors, and guidelines
necessary to carry out the responsibilities of the Family
Representation and Advocacy Program for the approval of and
promulgation by the Administrative Office of the Courts; and
    7.    Prepare annually and distribute to the Administrative Office
of the Courts budget requests and a report detailing expenditures of
funds for the operating expenses of the Family Representation and
Advocacy Program, activity data, and performance measures from
implementation of the program within the selected judicial
districts.   The Administrative Office of the Courts shall distribute
the proposed budget and the report to the Speaker of the House of
Representatives and the President Pro Tempore of the Senate, who
Req. No. 5231                                                       Page 9
shall distribute the proposed budget and the report to the
appropriate committee chairs of the respective chambers.
    C.   As used in this section, "eligible organization" means an
entity that:
    1.   Is organized as a not-for-profit corporation that is tax
exempt pursuant to the provisions of paragraph (3) of subsection (c)
of Section 501 of the United States Internal Revenue Code of 1986,
as amended;
    2.   Has as its primary purpose the furnishing of legal
assistance to eligible clients in civil matters;
    3.   Renders legal services to eligible clients in pre- and post-
petition deprived child proceedings; and
    4.   Is incorporated pursuant to any applicable laws in this
state.
    SECTION 4.     NEW LAW     A new section of law to be codified
in the Oklahoma Statutes as Section 705 of Title 10, unless there is
created a duplication in numbering, reads as follows:
    A.   There is hereby created in the State Treasury a revolving
fund for the Administrative Office of the Courts to be designated
the "Family Representation and Advocacy Program Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the
Administrative Office of the Courts for child, indigent parent,
legal guardian, and Indian custodian legal and interdisciplinary
Req. No. 5231                                                  Page 10
representation services to be provided by the Family Representation
and Advocacy Program.     The revolving fund shall include funds
appropriated to the fund, federal funds, gifts, donations, and
grants.   All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Administrative
Office of the Courts pursuant to the recommendations of the Family
Representation and Advocacy Program Board for the purpose of
administering the Family Representation and Advocacy Program and for
the provision of legal and interdisciplinary services to indigent
parents and children by and through the Family Representation and
Advocacy Program.    By January 31, 2024, and by January 31 of each
year thereafter, the Administrative Office of the Courts shall
disperse funds from the Family Representation and Advocacy Program
Revolving Fund to the contracted eligible organization.
    B.    The Administrative Office of the Courts shall allocate and
expend funds from the Family Representation and Advocacy Program
Revolving Fund as recommended by the Family Representation and
Advocacy Program Board to provide for the necessary operating costs
of the Family Representation and Advocacy Program, including court-
appointed legal and interdisciplinary representation to children,
indigent parents, legal guardians, or Indian custodians in
proceedings governed by the Oklahoma Children's Code, to the extent
that funds are available from the Family Representation and Advocacy
Program Revolving Fund.    The Administrative Office of the Courts
Req. No. 5231                                                      Page 11
shall allocate and expend these funds pursuant to the contract with
the eligible organization.   The Administrative Office of the Courts
may charge an administrative fee as provided in subsection D of this
section for administering the contract.
    C.   The eligible organization that contracts to operate and
manage the Family Representation and Advocacy Program to provide
legal and interdisciplinary services shall maintain books and
records in accordance with generally accepted accounting principles.
The books and records shall account for the receipt and expenditure
of all funds paid pursuant to contract.    Books and records shall be
maintained for a period of five (5) years from the close of the
fiscal year of the contract period.     The State Auditor and Inspector
may audit each organization annually.     The necessary expense of each
audit, including, but not limited to, the cost of typing, printing,
and binding, shall be paid from funds of the organization.
    D.   The Administrative Offi