Okla. Stat. tit. 10, § 1116.2
Postadjudication Review Board - Membership - Qualifications - Officers - Meetings - Orientation Program - Compensation
Effective Nov 1, 2006Laws 1981, HB 1231, c. 289, § 4, eff. October 1, 1981; Amended by Laws 1983, HB 128, c. 113, § 3, eff. November 1, 1983; Amended by Laws 1989, HB 1114, c. 339, § 2, emerg. eff. June 2, 1989; Amended by Laws 1991, HB 1761, c. 296, § 20, eff. September 1, 1991; Amended by Laws 1992, HB 2190, c. 39, § 1, eff. September 1, 1992; Amended by Laws 1993, HB 1109, c. 72, § 1, emerg. eff. July 1, 1993; Amended by Laws 2002, SB 1329, c. 445, § 2, eff. November 1, 2002 (superseded document available); Amended by Laws 2006, HB 2366, c. 124, § 1, eff. November 1, 2006 (superseded document available).
- 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, 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 a regularly appointed board member. 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 he 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 he is professionally involved.
- D. Each postadjudication review board shall annually elect a chairperson and shall notify the Commission on Children and Youth as to the name and address of the chairman. 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. 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. 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 and the names of the children in placement shall not be published.
- 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.
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.
Laws 1981, HB 1231, c. 289, § 4, eff. October 1, 1981; Amended by Laws 1983, HB 128, c. 113, § 3, eff. November 1, 1983; Amended by Laws 1989, HB 1114, c. 339, § 2, emerg. eff. June 2, 1989; Amended by Laws 1991, HB 1761, c. 296, § 20, eff. September 1, 1991; Amended by Laws 1992, HB 2190, c. 39, § 1, eff. September 1, 1992; Amended by Laws 1993, HB 1109, c. 72, § 1, emerg. eff. July 1, 1993; Amended by Laws 2002, SB 1329, c. 445, § 2, eff. November 1, 2002 (superseded document available); Amended by Laws 2006, HB 2366, c. 124, § 1, eff. November 1, 2006 (superseded document available).