Oklahoma § 63-485.3 - J.D. McCarty Center for Children with Developmental

§ 63-485.3. J.D. McCarty Center for Children with Developmental

Disabilities - Establishment and maintenance - Contracts - Payments

- Power of Commission - Legal representation – Sale of surplus

property and fixtures.

A. The Oklahoma Cerebral Palsy Commission is hereby authorized

and empowered to:

1. Establish and maintain the J.D. McCarty Center for Children

with Developmental Disabilities, to provide care, maintenance,

training, treatment, habilitation and rehabilitation of persons

afflicted with cerebral palsy and other developmental disabilities

within such institute;

2. Set fees and charges for patient services;

3. Provide care, maintenance, training, treatment and

rehabilitation services to children not afflicted with cerebral

palsy or developmental disabilities but who may benefit from the

services available from the J.D. McCarty Center for Children with

Developmental Disabilities, as determined to be practicable by the

Oklahoma Cerebral Palsy Commission;

4. Provide services to any adults who may benefit from services

available from the J.D. McCarty Center for Children with

Developmental Disabilities, as determined to be practicable by the

Oklahoma Cerebral Palsy Commission; provided, that services to

adults shall not diminish any services available to children;

Oklahoma Statutes - Title 63. Public Health and Safety

5. Enter into contracts for the purchase of real estate or

other property and to buy or sell real estate, personal property and

equipment necessary or incidental to the carrying out of the

provisions of Sections 485.1 through 485.11 of this title; and

6. Enter into contracts with the Commission for Human Services

and with other agencies of the state and of the counties in

furtherance of the provisions of Sections 485.1 through 485.11 of

this title; provided, the Oklahoma Cerebral Palsy Commission shall

receive from the Commission for Human Services payments aggregating

a minimum of One Hundred Thousand Dollars ($100,000.00) annually

from funds set aside in the Children with Special Health Care Needs

Program; and provided further, the Oklahoma Cerebral Palsy

Commission may negotiate with the Commission for Human Services or

its successors for additional payments above One Hundred Thousand

Dollars ($100,000.00) from such funds.

B. The Commission shall be charged with the duties of

management and control of the J.D. McCarty Center for Children with

Developmental Disabilities and shall have power to sue or be sued in

its own name.

C. The Attorney General shall furnish the Commission with legal

representation. The Commission shall not contract for private legal

counsel except for extraordinary situations other than normal dayto-day situations, and when approved by the Attorney General.

D. For the purposes of moving the J.D. McCarty Center for

Children with Developmental Disabilities to its new facilities, the

Oklahoma Cerebral Palsy Commission may sell surplus property and

fixtures. Such sale of surplus property and fixtures shall be

exempt from Sections 62.2 through 62.6 of Title 74 of the Oklahoma

Statutes. The Commission shall sell such surplus property and

fixtures at fair market value as determined by the members of the

Commission. The process for the sale and transfer of title shall

originate with the Commission. All proceeds from such sale of the

property and fixtures shall be deposited into the J.D. McCarty

Center for Children with Developmental Disabilities Revolving Fund.

Added by Laws 1947, p. 401, § 3, emerg. eff. May 7, 1947. Amended

by Laws 1949, p. 434, § 2, emerg. eff. May 31, 1949; Laws 1976, c.

191, § 4, emerg. eff. June 4, 1976; Laws 1981, c. 71, § 2, operative

July 1, 1981; Laws 1988, c. 222, § 4, operative July 1, 1988; Laws

1992, c. 307, § 16, eff. July 1, 1992; Laws 1995, c. 262, § 2, eff.

July 1, 1995; Laws 1997, c. 281, § 2, eff. July 1, 1997; Laws 2004,

c. 426, § 1, eff. July 1, 2004; Laws 2010, c. 413, § 23, eff. July

1, 2010.

NOTE: Laws 1992, c. 249, § 4 repealed by Laws 1992, c. 373, § 22,

eff. July 1, 1992.