Oklahoma § 10-801 - Short title — Family Representation and Advocacy Act —

§ 10-801. Short title — Family Representation and Advocacy Act —

Creation of Family Representation and Advocacy Program.

A. This act shall be known and may be cited as the “Family

Representation and Advocacy Act”.

B. As used in this act, “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 postpetition deprived child proceedings; and

4. Is incorporated pursuant to any applicable laws in this

state.

C. 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

and 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.

D. From funds appropriated or otherwise available for the

purpose of implementing the Family Representation and Advocacy Act,

the Administrative Office of the Court 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 contract shall

be the result of the request for proposals issued by the

Administrative Office of the Courts and submission of competitive

bids by eligible organizations pursuant to the Oklahoma Central

Purchasing Act.

E. Through the activities of the central office, the Family

Representation and Advocacy Program shall work cooperatively

statewide with judicial districts and attorneys by contracting with,

training, compensating, and supporting legal counsel for the

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 courtappointed 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

Oklahoma Statutes - Title 10. Children

provide direct legal representation to clients except in selected

appeals. Nothing in this subsection shall preclude the appointment

of a guardian ad litem pursuant to Section 1-8-108 of Title 10A of

the Oklahoma Statutes.

F. An executive director for the Family Representation and

Advocacy Program shall be employed by the eligible organization and

approved by the Administrative Office of the Courts or any board

established pursuant to subsection K of this section. The executive

director shall have at least ten (10) years of experience as a

licensed attorney prior to appointment, be licensed to practice law

in this state at the time of appointment and be familiar with the

unique demands of representing children, parents, legal guardians,

Indian custodians in deprived child cases in this state. The

executive director shall serve full time and shall not engage in

private practice of law outside of the Program. The executive

director shall hire all staff including employees of the central

office, 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

Administrative Office of the Courts or any board established

pursuant to subsection K of this section.

G. The Family Representation and Advocacy Program shall have

authority to contract with any type of legal entity including but

not limited to law firms, legal services programs, Office of Public

Defender, law school clinics, and individual attorneys as needed.

The Program shall have authority to contract with and compensate

social workers, parent and youth advocates, and peer mentors to

provide interdisciplinary assistance to the attorneys representing

children, indigent parents, legal guardians, 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.

H. 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 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

Oklahoma Statutes - Title 10. Children

in deprived child proceedings. The Program shall contractually

require and verify that the attorneys providing legal representation

to children, indigent parents, legal guardians, and Indian

custodians comply with the Oklahoma Standards of Practice for

Attorneys Representing Parents in Deprived Child Proceedings, the

Oklahoma Standards of Practice for Attorneys Representing Children

in Deprived Child Proceedings, and caseload limits as developed and

approved by the Uniform Representation of Children and Parents in

Cases Involving Abuse and Neglect Oversight Committee created by the

Oklahoma Supreme Court. The Family Representation and Advocacy

Program shall ensure that all interdisciplinary contractors are

provided with uniform and evidence-based training, resources, and

support.

I. 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 judicial districts where

attorneys are unavailable for court appointments or are minimally

compensated. The Program shall determine where additional attorneys

are needed within the state’s judicial districts and shall develop

additional resources.

J. 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 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 achieve and maintain highquality performance. The Program shall ensure that review measures

preserve client confidentiality and avoid conflicts of interest.

K. The Oklahoma Supreme Court may direct the Administrative

Office of the Courts to establish an advisory board to exercise

oversight over the Family Representation and Advocacy Program and

the selected eligible organization, and to make recommendations and

take such actions as deemed necessary to ensure proper

administration of the Program.

Added by Laws 2023, 1st Ex. Sess., c. 35, § 1, eff. Nov. 1, 2023.