Posted: April 27, 2018

OKLAHOMA COMMISSION ON CHILDREN AND YOUTH

State Post Adjudication Review Advisory Board

Cindy Nocton, Chair Friday, May 4, 2018 at 3:30 p.m.

Embassy Suites Norman Hotel and Conference Center 2501 Conference Dr. Norman, OK 73069

Next Scheduled Meeting Date: September 28, 2018

MEETING NOTICE AND AGENDA 1. Call to Order, Determination of Quorum and Compliance with Oklahoma

Open Meeting Act 5 min. Cindy Nocton

2.

Introduction of the Members and Guests, Public comments 10 min. Cindy Nocton

3. Review and Approval of the Meeting Minutes of February 16, 2018 Discussion and possible action

5 min. Cindy Nocton

4. Update on 2018 Legislative Issues Impacting Children 10 min. Mark James

5.

Legislative Discussion for 2019 20 min Mark James

6. Update on Membership to the State Advisory Board Discussion and possible action

5 min. Mark James

7. Nominating Committee’s Recommendations of State PARB Advisory Board Officers Discussion and possible action

15 min. The Honorables Louis Duel/Pat VerSteeg/Ryan Reddick

8. New Business Business which was not known nor could have been known through exercise of due diligence at the time of the posting of this agenda

10 min. Cindy Nocton

9. Adjournment 1 min. Cindy Nocton

PARB Meeting Page 1 of 4 Meeting Date: February 16, 2018

Oklahoma Commission on Children and Youth 1111 N Lee Avenue, Suite 500

Oklahoma City, Oklahoma 73103

STATE POST ADJUDICATION REVIEW ADVISORY BOARD 1111 N Lee Ave, Ste. 500 Oklahoma City, OK 73103 Friday, February 16, 2018

MINUTES

1. Call to Order and Roll Call The meeting was called to order at 10:32 a.m. by Chairperson, Cindy Nocton. Determination of quorum was established for members present and the board was in compliance with notice and agenda requirements of the Oklahoma Open Meeting Act. Members present were: Carol Bridges, Cindy Nocton, Dr. Greg Parks, Millie Carpenter, Paula Cantrell, Randy Stewart, Greg Delaney, Lana Freeman, the Honorable Ryan Reddick, Sandy Brown, the Honorable Bill Baze, the Honorable Leah Edwards, Melanie Johnson, the Honorable Pat VerSteeg, and the Honorable Louis Duel. Members not present were: Jay Scott Brown, Lou Truitt-Flanagan, David Ross, Lisa Buck, Tracy Otto, James Cooper, and Stephanie McCall. OCCY staff members present were: Mark James, and Cherra Taylor.

2. Introduction of Guests, Public Comments No guests were in attendance. No public comments were made.

3. Review and Approval of the Meeting Minutes of November 17, 2017

The Honorable Pat VerSteeg motioned and Carol Bridges seconded to approve the minutes of the November 17, 2017, State Post Adjudication Review Advisory Board Meeting. The majority of members present voted in the affirmative. Motion passed.

4. Coordinator’s Report

Copies of the coordinator’s report were handed out to the members. Some of the activities include: Observed Creek County PARB meeting and provided training on case reviews. Observed Garfield County PARB meeting and provided training on case reviews. Met with OKDHS Office of Client Advocacy regarding foster parent grievance statistics. Participated in Children of Incarcerated Parents Advisory Committee meeting.

Mark James reported that Sara Vincent’s workload has increased to include non-PARB related responsibilities as noted in the coordinator’s report. Mark also reported that this increase of responsibilities is due to the budget constraints that OCCY staff has faced.

5. Update on the 2018 Conference and the Possible Change of the Next Meeting Date

Discussion and possible Action Mark reported that Oklahoma Commission on Children and Youth (OCCY) is working to collaborate with Oklahoma CASA Association to organize the State Conference. An agreement has not been finalized as of this meeting, but members will be notified when arrangements have been made. CASA has scheduled the conference for May 4-5, 2018 at the Embassy Suites in Norman. The next State PARB Advisory Board meeting is scheduled for May 18, 2018. It was suggested that the date and time of meeting be rescheduled to the afternoon of May 4 to coincide with the conference as it

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has been done in previous years. The Honorable Louis Duel motioned and Melanie Johnson seconded to reschedule the next meeting date and time from May 18, 2018 at 10am to May 4, 2018 at 3:30pm. The majority of members present voted in the affirmative. Motion passed.

6. Local Board Memberships and Reappointment Process Discussion and possible action Mark described to the advisory board members of the requirements of membership to local PARBs as

stated in statute. Statute dictates that members serve a term of three years and can continue to serve until a successor is appointed. Mark reported that Cherra Taylor has been tracking membership status, informing members when their terms have expired, and providing applications for reappointment. Mark stated that several members have been quick to respond by completing and returning the applications for reappointment or resigning from PARB, but OCCY is still waiting for responses from other members whose terms have expired. Mark presented this to the board to gain feedback and suggestions on potential options to address the issue. Suggestions regarding effective ways to recruit and retain members was also asked.

Cherra reported that 51 local members have terms that expired in 2016 and 2017, but have not sent a

reappointment application or a letter of resignation. Cherra also reported that multiple attempts to contact the members have been made but were unsuccessful. She stated that according to the annual reports from the local boards, these members are actively participating on the boards.

It was suggested that when contacting the members; also contact the chairpersons and the juvenile judges

when the members’ terms have expired. It was also suggested to recommend changing statute to extend the time from a three-year term to a five-year term. Another suggestion is to include in trainings the responsibilities of the chairperson.

7. Update on Membership to the State Advisory Board Discussion and possible action

Copies of the member list were handed out to members. Mark reported that three nominations for the vacant position of Foster Parent Representing Child Placing Agency have been submitted to Governor Fallin. Mark also reported that James Cooper and Stephanie McCall, both Active PARB members, have resigned from their positions on the State Advisory Board. Both will remain active on their local PARBs. OCCY will contact the juvenile judges and the chairs of the local PARBs for nominations.

8. Appointment of an Officers Nominating Committee Discussion and possible action Cindy Nocton’s position as Chair of the State Advisory Board is set to expire on June 30, 2018. With the

changes in the By-Laws set to take effect July 1, 2018, the same time the new chair and vice chair are to assume their positions, the board chose to follow the revised By-Laws in the nomination process.

Cindy asked for volunteers to serve on the Nominating Committee, and Judge Duel, Judge Reddick, and Judge VerSteeg agreed to be on the Committee. The Committee will provide nominations and the board will vote during the next meeting.

9. Update on 2018 Legislative Issues Impacting Children Mark reported on some of the Legislative Bills that surround children’s issues and the progress of each

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bill. The bills discussed are as follows:

House Bill (HB) 2552 provides a Foster Child Bill of Rights. It is to identify the rights in the areas placement, safety, privacy, communication, and personal growth. Representative Pat Ownbey is the author of the bill. The bill has been submitted to the House’s Youth and Family Services Committee.

HB3485 allows eligible children in foster care at the age of 18 to receive extended foster care to age 21. Representative John Paul Jordan is the author of the bill.

HB3686 requires a person who reports child abuse and/or neglect to the child abuse hotline toidentify him/herself to the hotline operator. Failure to provide identifying information will result in the call being sent to 911. Representative Kevin Calvey is the author of the bill.

Senate Bill (SB) 1081 creates the Children Trust Fund of Oklahoma. Private donations will be deposited into the trust fund and it will be managed by OCCY. Interest accrued from the donated money will be used to fund research and evaluations of programs in Oklahoma and across the U.S. to find best practices and evidenced-based curriculums that could be duplicated across the state. Senator Stephanie Bice is the author of the bill. The bill passed out of committee.

SB1362 prohibits the continuance of certain proceedings and leads to the termination of parental rights when parents fail to appear in court three consecutive times. Senator Michael Brooks is the author of the bill. Concerns were expressed that this bill, if passed, may conflict with a previous bill that allowed for termination of parental rights with a bench trial when parents fail to appear for a jury trial. The bill has been referred to the Judiciary Committee.

SB 1046 requires national fingerprint based criminal background checks and other registry and system checks be conducted on prospective guardians and all other adults living in the home. Senator AJ Griffin is the author of the bill.

SB1066 authorizes the extension of deferral services an additional 180 days for juvenile delinquency cases under certain circumstances. Senator AJ Griffin authored this bill. The bill has been referred to the Judiciary Committee.

10. Review Draft of the 2018 Annual Report and Legislative Recommendations Discussion and possible action Copies of the rough draft of the report as well as the results of the local boards’ annual reports were handed

out to the members. Mark and Cherra reported that there are 43 active boards with attempts to re-establish a board in Lincoln County. Of the 43 boards, three have yet to submit their annual reports to OCCY. It was also reported that three judicial districts do not have an active PARB.

Mark asked the board for recommendations to be included on the report, which will be due to the

Commission by May 1, 2018. After some discussion, the board agreed to support SB1066, SB1081, and HB3485; agreed to oppose HB3686 and draft a letter to the Legislature opposing this bill; and recommend a change in statute to extend the term appointment for PARB from three to five years.

The Honorable Leah Edwards motioned and the Honorable Louis Duel seconded to recommend changing

the appointment provisions of Title 10 Section 1116.2 Subsection C to amend the appointment term from three years to five years; support Senate Bill 1066, Senate Bill 1081; and House Bill 3485 and not support House Bill 3686 as it may have a negative effect on reporting of child abuse and neglect, which could ultimately thwart the protection of children. The majority of members present voted in the affirmative. Motion passed.

The Honorable Pat VerSteeg motioned and The Honorable Bill Baze seconded to draft a letter to not

support House Bill 3686, to be written by the judges and signed by the Chair representing the Board, and submit it to the Legislature. The majority of members present voted in the affirmative. Motion passed.

PARB Meeting Page 4 of 4 Meeting Date: February 16, 2018

11. New Business: Business which was not known nor could have been known through exercise of due

diligence at the time of the posting of this agenda. No new business at the time of this meeting.

12. Adjournment The next meeting is scheduled for May 4, 2018.

The meeting was adjourned at 12:06 p.m.

4/27/2018 – State PARB tracking

Bill Principal Authors Committees Current Status

HB2552

Ownbey, Pat (H)

Griffin, A J (S)

H Children, Youth & Family Services (H) - 02/06/2018

H Children, Youth & Family Services (H) - 02/20/2018

H Children, Youth & Family Services (H) - 02/27/2018

S Health & Human Services (S) - 03/20/2018

S Health & Human Services (S) - 03/26/2018

Governor Action - Signed

Paraphrase

HB2552, by Rep. Pat Ownbey, R-Ardmore and Sen. A J Griffin, R-Guthrie, prescribes rights for children in the custody of the

Department of Human Services. It provides for exemptions. It allows a child to motion the court for appropriate equitable relief for

violations of the rights prescribed therein or file a grievance with the Office of Client Advocacy. It requires the Department to

establish grievance procedures for foster children in its custody. It requires that since one or more of the enumerated rights therein

may conflict a balanced approach to protect a child's rights must be pursed and take into account both the child's unique

circumstances and what is in said child's best interest. It specifies when and to whom a statement of the rights enumerated therein

must be provided. It allows any child aggrieved by a violation of these rights to seek intervention by a court with jurisdiction over the

child to make it aware of the grievance and obtain, if warranted, appropriate equitable relief. It authorizes the court, in its discretion,

to waive the prior exhaustion of administrative remedies. (Amended by House)

HB3485

Jordan, John (H) H Rules (H) - 02/06/2018 Second Reading - Referred to House

Committee (8)

Paraphrase

HB3485, by Rep. John Jordan, R-Yukon, allows the Department of Human Services to provide extended foster care services to a youth

if said youth meets one of the specified conditions for eligibility therein. It requires extended services to be voluntary, allowing a

youth to choose to stop receiving at any time. It requires the Department to provide written or electronic notice of the termination

of extended services. It requires the Department to secure funding for implementation and to promulgate rules and regulations.

(Dormant)

4/27/2018 – State PARB tracking

HB3555

Lawson, Mark (H) H Rules (H) - 02/06/2018

H Rules (H) - 02/28/2018

H General Order

Paraphrase

HB3555, by Rep. Mark Lawson, R-Sapulpa, changes, from reasonable suspicion to probable cause, the legal standard that must be

met for taking a child into state custody, not releasing a child from emergency custody in the event an adjudication hearing is

delayed, and for issuing a restraining order against an alleged perpetrator of abuse. The bill measure provides a procedure in which

the parent or legal guardian of the child can request a hearing prior to disposition seeking release of the child from emergency

custody. (Amended by House, Dormant, Committee Substitute)

HB3686

Calvey, Kevin (H)

Gann, Tom (H)

Dahm, Nathan (S)

H Rules (H) - 02/06/2018

H Rules (H) - 03/01/2018

H Bill Failed

Paraphrase

HB3686, by Rep. Kevin Calvey, R-Oklahoma City, Rep. Tom Gann, R-Inola, and Sen. Nathan Dahm, R-Broken Arrow, requires an

individual to submit a name, telephone number and address when making a referral to the Department of Human Services hotline

for reporting child abuse and neglect. The bill requires the call to be transferred to 911 if the person making the referral is unwilling

to provide such information. (Amended by House, Dormant)

SB1046

Griffin, A J (S) S Judiciary (S) - 01/31/2018

S Judiciary (S) - 02/06/2018

S Appropriations (S) - 02/06/2018

S Double Assigned Bill

Paraphrase

SB1046, by Sen. A J Griffin, R-Guthrie, requires a background check for a prospective guardian and all other household members

18years of age and older, consisting of a review of a national fingerprint-based criminal background check, a search of the

Department of Corrections' files maintained pursuant to the Sex Offenders Registration Act and a search of the child abuse and

neglect information system maintained for review by authorized entities by the Department of Human Services. (Dormant)

4/27/2018 – State PARB tracking

SB1066

Griffin, A J (S)

Lawson, Mark (H)

S Judiciary (S) - 01/31/2018

S Judiciary (S) - 02/06/2018

S Judiciary (S) - 02/06/2018

H Judiciary (H) - 03/21/2018

H Judiciary (H) - 04/11/2018

Governor Action - Signed

Paraphrase

SB1066, by Sen. A J Griffin, R-Guthrie and Rep. Mark Lawson, R-Sapulpa, permits a court to order a 180-day extension of the

delinquency adjudication proceedings deferral period if the court determines that the child has made satisfactory progress and that

such extension is necessary to accomplish treatment goals and objectives.

SB1081

Bice, Stephanie (S)

Lawson, Mark (H)

S Appropriations (S) - 01/31/2018

S Appropriations, Human Services (S) - 02/06/2018

S Appropriations, Human Services (S) - 02/14/2018

S Appropriations, Human Services (S) - 02/14/2018

S Appropriations (S) - 02/28/2018

S Appropriations (S) - 02/28/2018

H Appropriations & Budget, Human Services (H) -

03/27/2018

H Appropriations & Budget (H) - 04/12/2018

H Appropriations & Budget (H) - 04/16/2018

H Appropriations & Budget (H) - 04/16/2018

H Engrossed

Paraphrase

SB1081, by Sen. Stephanie Bice, R-Oklahoma City and Rep. Mark Lawson, R-Sapulpa, creates the Trust Fund of Oklahoma. It requires

the fund to be administered by the Oklahoma Commission on Children & Youth. It requires the fund consist of donations and any

interest and/or capital gains earned by the trust fund. It requires the fund be utilized in order to incentivize innovative programs that

will improve the well-being and reduce the adverse childhood experiences of children in Oklahoma. It prohibits the fund from being

used to expand existing services or to support ongoing core services. (Amended by House, Amended by Senate, Committee

Substitute)

4/27/2018 – State PARB tracking

SB1135

Floyd, Kay (S)

Nollan, Jadine (H)

S Judiciary (S) - 01/31/2018

S Judiciary (S) - 02/06/2018

S Judiciary (S) - 02/06/2018

H Judiciary (H) - 03/21/2018

H Judiciary (H) - 04/11/2018

S Enrolled

Paraphrase

SB1135, by Sen. Kay Floyd, D-Oklahoma City and Rep. Jadine Nollan, R-Sand Springs, requires a background check for a prospective

guardian and all other household members 18 years of age and older, consisting of a review of a national fingerprint-based criminal

background check, a search of the Department of Corrections' files maintained pursuant to the Sex Offenders Registration Act, and a

search of the child abuse and neglect information system maintained for review by authorized entities by the Department of Human

Services. (Amended by Senate)

SB1362

Brooks, Michael (S) S Judiciary (S) - 02/02/2018

S Judiciary (S) - 02/06/2018

Second Reading - Referred to Senate

Committee

Paraphrase

SB1362, by Sen. Michael Brooks, D-Oklahoma City, prohibits a court a from continuing proceedings in a case to terminate parental

rights after a parent who is the subject of a termination proceeding fails three consecutive times to appear as directed by the court.

(Dormant)

SB1517

Griffin, A J (S)

Bush, Carol (H)

S Health & Human Services (S) - 02/02/2018

S Health & Human Services (S) - 02/06/2018

S Health & Human Services (S) - 02/26/2018

H Rules (H) - 03/21/2018

H Rules (H) - 04/12/2018

Governor Action - Signed

Paraphrase

SB1517, by Sen. A J Griffin, R-Guthrie and Rep. Carol Bush, R-Tulsa, creates the Task Force on Trauma-Informed Care to study and

make recommendations to the Legislature on best practices with respect to children and youth who have experienced trauma. It

establishes Task Force duties and provides for membership. The bill specifies areas and time lines to be examined and provides for

Task Force meetings. It prohibits members from receiving reimbursement.

STATE POST ADJUDICATION REVIEW ADVISORY BOARD

The State Post Adjudication Review Advisory Board meets at least four times a year. These meetings are usually held the third Friday of February, May, August and November. By statute (10 O.S. 1116.6), the State Post Adjudication Review Advisory Board consists of twenty-one members appointed by the Governor. Five appointees must be judges, eight appointees must be active members of local PARBs, three appointees must represent the foster care community and five appointees are selected from the public at-large. The administrative heads of the divisions within the Department of Human Services and the Office of Juvenile Affairs having foster care responsibilities or their designees shall serve as ex-officio members of the Board. The Board meetings are open to the public and local PARB members are always welcome to attend. Local PARB members are also invited and encouraged to express their ideas and concerns to the Board through the Coordinator or any member of the Board. As of April 2018, officers and members are:

Vacancies: 2

Jay Scott Brown (At- Large)

Dr Gregory Parks (At Large)

Lisa Buck (At Large)

Melanie Johnson (At-Large)

David Ross (At Large)

Carol Bridges (Active PARB)

Mary (Lou) Truitt-Flanagan (Active PARB)

Sandra Brown (Active PARB)

Vacant (Active PARB)

Tracy Otto (Active PARB)

Cindy Nocton, Chair (Active PARB)

Paula Cantrell (Active PARB)

Vacant (Active PARB)

Honorable Ryan D. Reddick (Judicial)

Honorable Bill Baze (Judicial)

Honorable Pat VerSteeg (Judicial)

Honorable Leah Edwards (Judicial)

Honorable Louis Duel (Judicial)

Lana Freeman (Foster Parent representing the Foster Parent Association)

Randy Stewart (Active Foster Parent with current contract with DHS)

Dr. Kalie Kerth Foster Parent representing child placing agency

Greg Delaney (Ex-Officio OJA)

Millie Carpenter (Ex-Officio OKDHS)