1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1709 By: Rosino
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6 AS INTRODUCED
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7 An Act relating to the Office of Client Advocacy;
7 transferring the Office from the Department of Human
8 Services to the State Department of Health; directing
8 certain transfers; requiring Director of the Office
9 of Management and Enterprise Services to coordinate
9 certain transfers; stipulating procedures for
10 transfer of administrative rules; amending 10A O.S.
10 2021, Section 1-9-112, which relates to the Office of
11 Client Advocacy; conforming, clarifying, and updating
11 language; providing for codification; and providing
12 an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 1-9-112a of Title 10A, unless
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18 there is created a duplication in numbering, reads as follows:
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19 A. Upon the effective date of this act, the Office of Client
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20 Advocacy within the Department of Human Services shall transfer to
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21 the State Department of Health.
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22 B. All employees, powers, duties, functions, and
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23 responsibilities of the Department of Human Services designated for
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24 the Office of Client Advocacy shall be transferred to the State
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 1 Department of Health. The transfer shall include all equipment,
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2 supplies, records, assets, current and future liabilities, fund
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3 balances, encumbrances, obligations, indebtedness, and legal and
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4 contractual rights and responsibilities associated with the Office
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5 of Client Advocacy.
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6 C. Any monies accruing to or in the name of the Office of
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7 Client Advocacy on and after the effective date of this act, or any
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8 monies that accrue in any funds or accounts or are maintained for
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9 the benefit of the Office of Client Advocacy on and after the
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10 effective date of this act, shall be transferred to the State
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11 Department of Health.
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12 D. The Director of the Office of Management and Enterprise
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13 Services shall coordinate the transfer of funds, allotments,
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14 purchase orders, and outstanding financial obligations or
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15 encumbrances as provided for in this section.
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16 E. Upon the effective date of this act, all administrative
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17 rules promulgated by the Director of Human Services for the Office
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18 of Client Advocacy shall be transferred to and become a part of the
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19 administrative rules of the State Department of Health. The Office
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20 of Administrative Rules in the Secretary of State’s office shall
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21 provide adequate notice in the Oklahoma Register of the transfer of
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22 such rules and shall place the transferred rules under the Oklahoma
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23 Administrative Code title of the State Department of Health. Such
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24 rules shall continue in force and effect as rules of the State
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 1 Department of Health from and after the effective date of this act,
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2 and any amendment, repeal, or addition to the transferred rules
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3 shall be under the jurisdiction of the State Commissioner of Health.
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4 SECTION 2. AMENDATORY 10A O.S. 2021, Section 1-9-112, is
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5 amended to read as follows:
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6 Section 1-9-112. A. 1. The Director of Human Services is
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7 authorized and directed to State Commissioner of Health shall
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8 establish the Office of Client Advocacy within the Department of
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9 Human Services State Department of Health and to shall employ
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10 personnel necessary to carry out the purposes of this section and
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11 the duties listed in provisions of this section. Personnel may be
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12 dismissed only for cause.
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13 2. The chief administrative officer of the Office of Client
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14 Advocacy shall be the Advocate General, who shall be an attorney.
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15 The Advocate General shall be a member of the Oklahoma Bar
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16 Association and shall have a minimum of three (3) years’ experience
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17 as an attorney. The compensation of the Advocate General shall be
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18 no less than that of the classification of Attorney III as
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19 established in the Merit System of Personnel Administration
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20 classification and compensation plan, but shall be an unclassified
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21 position.
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22 3. The duties and responsibilities of the Advocate General are
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23 to:
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 1 a. supervise personnel assigned to the Office of Client
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2 Advocacy,
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3 b. monitor and review grievance procedures and hearings,
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4 c. establish and maintain a fair, simple, and expeditious
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5 system for resolution of grievances of:
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6 (1) all children in the custody of the Department of
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7 Human Services regarding:
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8 (a) the substance or application of any written
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9 or unwritten policy or rule of the
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10 Department or agent of the Department, or
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11 (b) any decision or action by an employee or
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12 agent of the Department, or of any child in
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13 the custody of the Department,
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14 (2) foster parents relating to the provision of
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15 foster care services pursuant to this section and
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16 Section 1-9-117 of this title, and
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17 (3) all persons receiving services from the
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18 Developmental Disabilities Services Division of
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19 the Department of Human Services,
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20 d. investigate allegations of abuse, neglect, sexual
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21 abuse, and sexual exploitation, as those terms are
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22 defined in the Oklahoma Children’s Code, by a person
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23 responsible for a child, regardless of custody:
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 1 (1) residing outside their own homes other than
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2 children in foster care or children in the
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3 custody of the Office of Juvenile Affairs and
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4 placed in an Office of Juvenile Affairs secure
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5 facility,
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6 (2) in a day treatment program as defined in Section
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7 175.20 of Title 10 of the Oklahoma Statutes, and
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8 submit a report of the results of the
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9 investigation to the appropriate district
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10 attorney and to the State Department of Health,
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11 (3) receiving services from a community services
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12 worker as that term is defined in Section 1025.1
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13 of Title 56 of the Oklahoma Statutes, and
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14 (4) residing in a state institution listed in Section
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15 1406 of Title 10 of the Oklahoma Statutes,
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16 e. establish a system for investigating allegations of
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17 misconduct, by a person responsible for a child, not
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18 rising to the level of abuse, neglect, sexual abuse,
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19 or sexual exploitation with regard to any child or
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20 resident listed in subparagraph d of this paragraph,
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21 f. coordinate any hearings or meetings of Departmental
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22 administrative review committees conducted as a result
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23 of unresolved grievances or as a result of
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24 investigations,
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 1 g. make recommendations to the Director of Human
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2 Services, and provide regular or special reports
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3 regarding grievance procedures, hearings and
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4 investigations to the Director, the Commission, the
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5 Office of Juvenile System Oversight, and other
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6 appropriate persons as necessary,
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7 h. forward to the Office of Juvenile System Oversight,
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8 for the information of the Director of that office, a
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9 copy of the final report of any grievance which is not
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10 resolved in the favor of the complainant,
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11 i. perform such other duties as required by the Director
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12 of the Department or the Commission State Commissioner
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13 of Health, and
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14 j. develop policies and procedures as necessary to
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15 implement the duties and responsibilities assigned to
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16 the Office of Client Advocacy.
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17 B. The Office of Client Advocacy shall make a complete written
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18 report of their investigations. The investigation report, together
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19 with its recommendations, shall be submitted to the appropriate
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20 district attorney’s office.
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21 C. 1. Except as otherwise provided by the Oklahoma Children’s
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22 Code, the reports required by Section 1-2-101 of this title or any
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23 other information acquired pursuant to the Oklahoma Children’s Code
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 1 shall be confidential and may be disclosed only as provided in
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2 Section 1-2-108 of this title and the Oklahoma Children’s Code.
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3 2. Except as otherwise provided by the Oklahoma Children’s
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4 Code, any violation of the confidentiality requirements of the
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5 Oklahoma Children’s Code shall, upon conviction, be a misdemeanor
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6 punishable by up to six (6) months in jail, by a fine of Five
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7 Hundred Dollars ($500.00), or by both such fine and imprisonment.
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8 3. Any records or information disclosed as provided by this
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9 subsection shall remain confidential. The use of any information
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10 shall be limited to the purpose for which disclosure is authorized.
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11 Rules promulgated by the Commission for Human Services State
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12 Commissioner of Health shall provide for disclosure of relevant
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13 information concerning Office of Client Advocacy investigations to
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14 persons or entities acting in an official capacity with regard to
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15 the subject of the investigation.
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16 4. Nothing in this section shall be construed as prohibiting
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17 the Office of Client Advocacy or the Department of Human Services
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18 from disclosing such confidential information as may be necessary to
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19 secure appropriate care, treatment, or protection of a child alleged
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20 to be abused or neglected.
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21 D. 1. The Office of Client Advocacy shall investigate any
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22 complaint received by the Office of Juvenile System Oversight
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23 alleging that an employee of the Department of Human Services or a
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24 child-placing agency has threatened a foster parent with removal of
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 1 a child from the foster parent, harassed a foster parent, or refused
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2 to place a child in a licensed or certified foster home, or
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3 disrupted a child placement as retaliation or discrimination towards
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4 a foster parent who has:
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5 a. filed a grievance pursuant to Section 1-9-120 of this
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6 title,
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7 b. provided information to any state official or
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8 Department employee, or
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9 c. testified, assisted, or otherwise participated in an
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10 investigation, proceeding, or hearing against the
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11 Department or child-placing agency.
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12 2. The provisions of this subsection shall not apply to any
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13 complaint by a foster parent regarding the result of a criminal,
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14 administrative, or civil proceeding for a violation of any law,
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15 rule, or contract provision by that foster parent, or the action
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16 taken by the Department of Human Services or a child-placement
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17 agency in conformity with the result of any such proceeding.
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18 3. The Office of Client Advocacy shall at all times be granted
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19 access to any foster home or any child-placing agency which is
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20 certified, authorized, or funded by the Department of Human
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21 Services.
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22 SECTION 3. This act shall become effective November 1, 2024.
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24 59-2-3401 DC 1/16/2024 5:17:59 PM
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Statutes affected:
Committee Substitute: 63-330.58, 63-271, 63-2023
Floor (House): 63-330.58, 63-271, 63-2023
Floor (Senate): 63-330.58, 63-271, 63-2023
Engrossed: 63-330.58, 63-271, 63-2023
Amended And Engrossed: 63-330.58, 63-271, 63-2023
Enrolled (final version): 63-330.58, 63-271, 63-2023