Oklahoma § 10-1116.2 - See the following versions:

§ 10-1116.2. See the following versions:

OS 10-1116.2v1 (HB 1382, Laws 2024, c. 237, § 1).

OS 10-1116.2v2 (SB 696, Laws 2024, c. 347, § 7).

§10-1116.2v1. Postadjudication review boards.

A. There is hereby established a postadjudication review board

in each judicial district in the state. Members and alternate

Oklahoma Statutes - Title 10. Children

members of the postadjudication review boards shall be residents of

or employed within the judicial district in which the board serves

and shall be appointed by the Director of the Oklahoma Commission on

Children and Youth after consultation with judges in the judicial

district having juvenile docket responsibility, provided that in the

event of a conflict of interest or for any reason when circumstances

or the appearances of justice dictate, the Director of the Oklahoma

Commission on Children and Youth may transfer the appointment

decision to the entire Oklahoma Commission on Children and Youth

whose decision shall be final and further, provided that any

aggrieved aspirant may appeal the decision denying appointment by

the Director of the Oklahoma Commission on Children and Youth within

five (5) days to the Oklahoma Commission on Children and Youth whose

decision shall be final. The Oklahoma Commission on Children and

Youth may establish additional postadjudication review boards as

needed for each county within a judicial district.

B. A postadjudication review board for each judicial district

shall consist of at least five (5) members. Alternate review board

members may be appointed to serve in the absence of regularly

appointed board members. Alternate board members shall be appointed

in the same manner as regularly appointed board members. On and

after September 1, 1991, currently serving board members shall serve

until appointments are made by the Commission on Children and Youth.

The Commission on Children and Youth shall complete initial

appointments to the review boards no later than June 30, 1992.

C. Board members shall be appointed for a term of three (3)

years. Members shall serve after the expiration of their terms

until their respective successors shall have been appointed.

Vacancies shall be filled for the duration of unexpired terms. The

review board members shall be appointed according to the following

guidelines:

1. One member shall be a person who has training or experience

in issues concerning child welfare, or a person who has demonstrated

an interest in children through voluntary community service or

professional activities;

2. Whenever possible, at least one member of the board shall be

an individual who has served as a foster parent, provided that no

person on the review board shall participate as a board member in

any review hearing in which the person is a party; and

3. No more than one person employed by any child welfare agency

or juvenile court may be appointed to a board at the same time,

provided such person shall not participate in any review hearing in

which the person is professionally involved.

D. Each postadjudication review board shall annually elect a

chair and shall notify the Commission on Children and Youth as to

the name and address of the chair. A list of the members of each

local board and its officers shall be filed with the Presiding Judge

Oklahoma Statutes - Title 10. Children

of the judicial district and each judge within the district having

juvenile docket responsibility.

E. There shall be a rebuttable presumption that a person

participating in a judicial proceeding as a postadjudication review

board member or a postadjudication review advisory board or

postadjudication review board coordinator is acting in good faith.

When acting in good faith, a participant shall be immune from any

civil liability that might otherwise be incurred or imposed. Each

postadjudication review board shall meet as often as is necessary at

a place it designates to carry out the duties of the board

established by Section 1116.3 of this title. The review board shall

meet at least twice annually. Upon the request of the board,

members or prospective members of other existing review boards,

students or researchers may attend and observe but not participate

in board hearings subject to restrictions and conditions imposed by

the board. Members and employees of the State Postadjudication

Review Advisory Board who are exercising their oversight

responsibilities pursuant to Section 1116.6 of this title may attend

and observe but not participate in board hearings. All parties

shall maintain confidentiality, and the names of the children in

placement shall not be published. Temporary ad hoc review boards

may be created in counties in which there is no active review board.

The Director of the Oklahoma Commission on Children and Youth may

appoint active or alternate members of existing review boards to

serve as members of local boards that are unable to meet quorum

requirements and to temporarily constitute members of a new board

where no current board exists. A member appointed to temporary

service shall be fully qualified as provided by law, and such

service shall terminate when the basis for the appointment is

remedied or upon the order of the Director.

F. As a condition of membership thereto, members and alternates

of the postadjudication review boards shall attend the next

available orientation program after appointment to the board.

Failure to attend an orientation program, at the discretion of the

Commission on Children and Youth, may result in the removal of the

board member. Members of postadjudication review boards shall

attend the annual meeting or training programs or both such meeting

and training programs as are authorized and directed by the

Commission on Children and Youth.

G. Members of postadjudication review boards shall serve

without compensation, but shall be reimbursed for travel and

training expenses from monies appropriated by the Legislature for

such purposes, as provided by the State Travel Reimbursement Act.

The Commission on Children and Youth shall provide members of

postadjudication review boards with necessary operating supplies and

postage fees or members shall be reimbursed for these expenses.

Oklahoma Statutes - Title 10. Children

H. The Commission on Children and Youth shall be responsible

for developing procedures for the removal of a member from a

postadjudication review board. The grounds for the removal of a

postadjudication review board member shall include but not be

limited to:

1. Failure to attend board meetings as required by the

Commission on Children and Youth;

2. Engaging in illegal conduct involving moral turpitude;

3. Engaging in conduct involving dishonesty, fraud, deceit, or

misrepresentation; or

4. Wrongful disclosure of information as provided by Section

1116.4 of this title.

I. Necessary staff assistance required by the postadjudication

review boards may be provided by the bailiff or bailiffs, or other

person designated by the court, of the judges with juvenile docket

responsibility in the judicial district. Upon the request of the

presiding judge, the Chief Justice of the Supreme Court may

authorize additional staff to be paid from local court funds to

assist the review board.

The Administrative Director of the Courts may include such

additional funding requests in the annual budget for the courts as

are necessary to provide staff and administrative support for the

review boards.

Added by Laws 1981, c. 289, § 4, eff. Oct. 1, 1981. Amended by Laws

1983, c. 113, § 3, eff. Nov. 1, 1983; Laws 1989, c. 339, § 2, emerg.

eff. June 2, 1989; Laws 1991, c. 296, § 20, eff. Sept. 1, 1991; Laws

1992, c. 39, § 1, eff. Sept. 1, 1992; Laws 1993, c. 72, § 1, eff.

July 1, 1993; Laws 2002, c. 445, § 2, eff. Nov. 1, 2002; Laws 2006,

c. 124, § 1, eff. Nov. 1, 2006; Laws 2009, c. 198, § 1, eff. Nov. 1,

2009; Laws 2024, c. 237, § 1, eff. Nov. 1, 2024.

§10-1116.2v2. Postadjudication review boards.

A. There is hereby established a postadjudication review board

in each judicial district in the state. Members and alternate

members of the postadjudication review boards shall be residents of

or employed within the judicial district in which the board serves

and shall be appointed by the Director of the Oklahoma Commission on

Children and Youth after consultation with judges in the judicial

district having juvenile docket responsibility. In the event of a

conflict of interest or for any reason when circumstances dictate,

the Director may transfer the appointment decision to the Commission

whose decision shall be final. An aggrieved candidate may appeal a

decision of the Director denying appointment within five (5) days to

the Commission, whose decision shall be final. The Commission may

establish additional postadjudication review boards as needed for

each county within a judicial district.

Oklahoma Statutes - Title 10. Children

B. A postadjudication review board for each judicial district

shall consist of at least five (5) members. Alternate review board

members may be appointed to serve in the absence of a regularly

appointed board member. Alternate board members shall be appointed

in the same manner as regularly appointed board members.

C. Board members shall be appointed for a term of five (5)

years. Members shall serve after the expiration of their terms

until their respective successors shall have been appointed.

Vacancies shall be filled for the duration of unexpired terms. The

review board members shall be appointed as follows:

1. One member shall be a person who has training or experience

in issues concerning child welfare, or a person who has demonstrated

an interest in children through voluntary community service or

professional activities;

2. Whenever possible, at least one member of the board shall be

an individual who has served as a foster parent, provided that no

person on the review board shall participate as a board member in

any review hearing in which the person is a party; and

3. No more than one person employed by any child welfare agency

or juvenile court may be appointed to a board at the same time,

provided such person shall not participate in any review hearing in

which the person is professionally involved.

D. Each review board shall annually elect a chair and shall

provide the Commission with the contact information of the chair. A

list of the members of each local board and its officers shall be

filed with the Presiding Judge of the judicial district and each

judge within the district having juvenile docket responsibility.

E. There shall be a rebuttable presumption that a person

participating in a judicial proceeding as a postadjudication review

board member, a member of the State Postadjudication Review Advisory

Board created in Section 1116.6 of this title, or postadjudication

review board staff is acting in good faith. When acting in good

faith, a participant shall be immune from any civil liability that

might otherwise be incurred or imposed. Each review board shall

meet as often as is necessary at a place it designates to carry out

the duties of the board established by Section 1116.3 of this title.

The review board shall meet at least twice annually. Each review

board shall be subject to the provisions of the Oklahoma Open

Meeting Act, except that the actual case reviews shall be held in

executive session. Upon request, members or prospective members of

other review boards, students or researchers may observe, but not

participate in, board meetings subject to conditions imposed by the

board. Further, members and staff of the State Postadjudication

Review Advisory Board who are exercising their oversight

responsibilities pursuant to state law may observe, but not

participate in, board meetings. All parties shall maintain

confidentiality, and the names of the children in placement shall

Oklahoma Statutes - Title 10. Children

not be published. Temporary ad hoc review boards may be created in

counties in which there is no active review board. The Director of

the Oklahoma Commission on Children and Youth may appoint active or

alternate members of existing review boards to serve as members of

local boards that are unable to meet quorum requirements and to

temporarily constitute members of a new board where no current board

exists. A member appointed to temporary service shall be fully

qualified as provided by law, and such service shall terminate when

the basis for the appointment is remedied or upon the order of the

Director.

F. As a condition of service, members and alternates of a

postadjudication review board shall attend the next available

orientation program after appointment to the board. Failure to

attend an orientation program, at the discretion of the Commission,

may result in the removal of the board member. Members shall

receive additional training as required by the Commission.

G. Members of postadjudication review boards shall serve

without compensation, but shall be reimbursed for travel and

training expenses from monies appropriated by the Legislature for

such purposes, as provided by the State Travel Reimbursement Act.

The Commission shall provide members of postadjudication review

boards with necessary operating supplies or members shall be

reimbursed for these expenses.

H. The Commission on Children and Youth shall be responsible

for developing procedures for the removal of a member from a

postadjudication review board. The grounds for removal shall

include but not be limited to:

1. Failure to attend board meetings as required by the

Commission;

2. Engaging in illegal conduct involving moral turpitude;

3. Engaging in conduct involving dishonesty, fraud, deceit, or

misrepresentation; or

4. Wrongful disclosure of information as provided by Section

1116.4 of this title.

I. Necessary staff assistance required by the postadjudication

review boards may be provided by the bailiff or bailiffs, or other

person designated by the court, of the judges with juvenile docket

responsibility in the judicial district. Upon the request of the

presiding judge, the Chief Justice of the Supreme Court may

authorize additional staff to be paid from local court funds to

assist the review board.

The Administrative Director of the Courts may include such

additional funding requests in the annual budget for the courts as

are necessary to provide staff and administrative support for the

review boards.

Added by Laws 1981, c. 289, § 4, eff. Oct. 1, 1981. Amended by Laws

1983, c. 113, § 3, eff. Nov. 1, 1983; Laws 1989, c. 339, § 2, emerg.

Oklahoma Statutes - Title 10. Children

eff. June 2, 1989; Laws 1991, c. 296, § 20, eff. Sept. 1, 1991; Laws

1992, c. 39, § 1, eff. Sept. 1, 1992; Laws 1993, c. 72, § 1, eff.

July 1, 1993; Laws 2002, c. 445, § 2, eff. Nov. 1, 2002; Laws 2006,

c. 124, § 1, eff. Nov. 1, 2006; Laws 2009, c. 198, § 1, eff. Nov. 1,

2009; Laws 2024, c. 347, § 7, emerg. eff. May 28, 2024.