1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 533 By: Rosino
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6 AS INTRODUCED
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7 An Act relating to children; amending 10A O.S. 2021,
7 Section 1-9-119, which relates to statement of foster
8 parent’s rights; expanding rights relating to
8 grievances; amending 10A O.S. 2021, Section 1-9-120,
9 which relates to grievance procedures for foster
9 parents; broadening applicability of certain
10 recordkeeping requirement; and providing an effective
10 date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-9-119, is
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15 amended to read as follows:
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16 Section 1-9-119. A. A statement of foster parent’s rights
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17 shall be given to every foster parent annually and shall include,
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18 but not be limited to, the right to:
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19 1. Be treated with dignity, respect, and consideration as a
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20 professional member of the child welfare team;
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21 2. Be notified of and be given appropriate, ongoing education
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22 and continuing education and training to develop and enhance foster
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23 parenting skills;
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 1 3. Be informed about ways to contact the state agency or the
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2 child-placing agency in order to receive information and assistance
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3 to access supportive services for any child in the foster parent’s
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4 care;
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5 4. Receive timely financial reimbursement for providing foster
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6 care services;
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7 5. Be notified of any costs or expenses for which the foster
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8 parent may be eligible for reimbursement;
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9 6. Be provided a clear, written explanation of the individual
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10 treatment and service plan concerning the child in the foster
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11 parent’s home, listing components of the plan pursuant to the
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12 provisions of the Oklahoma Children’s Code;
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13 7. Receive, at any time during which a child is placed with the
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14 foster parent, additional or necessary information that is relevant
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15 to the care of the child;
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16 8. Be notified of scheduled review meetings, permanency
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17 planning meetings, family team meetings and special staffing
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18 concerns for any foster child placed in the foster parent’s home in
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19 order to actively participate in the case planning and decision-
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20 making process regarding the child;
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21 9. Provide input concerning the plan of services for the child
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22 and to have that input be given full consideration in the same
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23 manner as information presented by any other professional on the
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24 team;
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 1 10. Communicate with other foster parents in order to share
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2 information regarding the foster child. In particular, receive any
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3 information concerning the number of times a foster child has been
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4 moved and the reasons why, and the names and telephone numbers of
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5 the previous foster parent if the previous foster parent has
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6 authorized such release;
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7 11. Communicate with other professionals who work with the
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8 foster child within the context of the team including, but not
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9 limited to, therapists, physicians, and teachers;
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10 12. Be given, in a timely and consistent manner, any
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11 information regarding the child and the child’s family which is
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12 pertinent to the care and needs of the child and to the making of a
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13 permanency plan for the child. Disclosure of information shall be
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14 limited to that information which is authorized by the provisions of
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15 Chapter VI Chapter 6 of the Oklahoma Children’s Code for foster
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16 parents;
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17 13. Be given reasonable notice of any change in or addition to
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18 the services provided to the child pursuant to the child’s
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19 individual treatment and service plan;
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20 14. a. Be given written notice of:
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21 (1) plans to terminate the placement of the child
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22 with the foster parent pursuant to Section 1-4-
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23 805 of this title, and
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 1 (2) the reasons for the changes or termination in
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2 placement.
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3 b. The notice shall be waived only in emergency cases
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4 pursuant to Section 1-4-805 of this title;
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5 15. Be notified by the applicable state agency in a timely and
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6 complete manner of all court hearings, including notice of the date
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7 and time of any court hearing, the name of the judge or hearing
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8 officer hearing the case, the location of the hearing, and the court
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9 docket number of the case;
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10 16. Be informed of decisions made by the court, the state
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11 agency or the child-placing agency concerning the child;
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12 17. Be considered as a preferred placement option when a foster
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13 child who was formerly placed with the foster parent is to reenter
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14 foster care at the same level and type of care, if that placement is
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15 consistent with the best interest of the child and other children in
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16 the home of the foster parent;
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17 18. Be provided a fair, timely, and impartial investigation of
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18 complaints concerning the certification of the foster parent;
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19 19. Be provided the opportunity to request and receive a fair
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20 and impartial hearing regarding decisions that affect certification
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21 retention or placement of children in the home;
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22 20. Be allowed the right to exercise parental substitute
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23 authority;
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 1 21. Have timely access to the appeals process of the state
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2 agency and child placement agency and the right to be free from acts
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3 of harassment and retaliation by any other party when exercising the
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4 right to appeal;
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5 22. Be given the number of the statewide toll-free Foster
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6 Parent Hotline;
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7 23. File a grievance and be informed of the process for filing
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8 a grievance. Grievances shall be confidential and the foster parent
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9 has the right to be free from acts of harassment and retaliation by
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10 any other party when exercising the right to file a grievance; and
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11 24. Receive a copy of the liability insurance policy the
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12 Department of Human Services maintains for every Department-
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13 contracted foster home placement.
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14 B. The Department of Human Services and a child-placing agency
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15 under contract with the Department shall be responsible for
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16 implementing this section.
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17 C. Nothing in this section shall be construed to create a
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18 private right of action or claim on the part of any individual, the
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19 Department, the Office of Juvenile Affairs, or any child-placing
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20 agency.
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21 SECTION 2. AMENDATORY 10A O.S. 2021, Section 1-9-120, is
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22 amended to read as follows:
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23 Section 1-9-120. A. The Office of Client Advocacy and child-
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24 placing agencies shall each establish grievance procedures for
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 1 foster parents with whom the Department of Human Services or child-
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2 placing agencies contract. The Office of Client Advocacy shall work
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3 with the Office of Juvenile System Oversight to track foster parent
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4 complaints through the grievance procedures and ensure a resolution
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5 of the complaint.
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6 B. The procedures established shall contain the following
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7 minimum requirements:
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8 1. Resolution of disputes with foster parents shall be
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9 accomplished quickly, informally and at the lowest possible level,
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10 but shall provide for access to impartial arbitration by management
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11 level personnel within the central office;
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12 2. Prompt resolution of grievances no more than sixty (60) days
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13 after receipt of the grievance or complaint; and
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14 3. Notification to all foster parents upon placement of a child
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15 about the grievance procedures and how to file a complaint.
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16 C. The Office of Client Advocacy and each child-placing agency
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17 shall designate one employee at the central office to receive and
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18 process foster care grievances received by the Office of Juvenile
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19 System Oversight.
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20 D. The Office of Client Advocacy and each child-placing agency
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21 shall maintain records of each grievance filed as well as summary
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22 information about the number, nature and outcome of all grievances
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23 filed. The Office of Client Advocacy and the Office of Juvenile
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24 System Oversight shall compile an annual report for the Oklahoma
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 1 Legislature that details the number of complaints received, the
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2 number of complaints resolved, the nature of the complaints and any
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3 other information requested by the Legislature. Agencies The Office
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4 of Client Advocacy and child-placing agencies shall keep records of
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5 grievances separate and apart from other foster parent files. A
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6 foster parent or a former foster parent shall have a right of access
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7 to the record of grievances such person filed after the procedure
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8 has been completed.
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9 E. 1. Each foster parent shall have the right, without fear of
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10 reprisal or discrimination, to present grievances with respect to
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11 the providing of foster care services.
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12 2. The Department of Human Services shall promptly initiate a
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13 plan of corrective discipline including, but not limited to,
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14 dismissal of any Department employee or cancellation or nonrenewal
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15 of the contract of a child-placing agency determined by the state
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16 agency, through an investigation to have retaliated or discriminated
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17 against a foster parent who has:
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18 a. filed a grievance pursuant to the provisions of this
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19 section,
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20 b. provided information to any official or Department
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21 employee, or
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22 c. testified, assisted, or otherwise participated in an
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23 investigation, proceeding or hearing against the
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24 Department or the child-placing agency.
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 1 3. The provisions of this subsection shall not be construed to
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2 include any complaint by the foster parent resulting from an
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3 administrative, civil or criminal action taken by the employee or
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4 child-placing agency for violations of law or rules, or contract
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5 provisions by the foster parent.
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6 SECTION 3. This act shall become effective November 1, 2023.
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8 59-1-585 DC 1/17/2023 5:16:11 PM
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