1. A. The Commission for Human Services shall establish and maintain a fair, simple and expeditious system for resolution of grievances of all persons committed to the Department of Human Services regarding the substance or application of any written or unwritten policy or rule of the Department or of an agent or contractor of the Department or any decision, behavior or action by an employee or agent of, contractor with, or other person committed to the Department.

2. B. The Commission for Human Services is authorized and directed to establish the Office of Advocate Defender within the Department and to employ such personnel as may be necessary to carry out the purposes of subsection A of this section. Such personnel may be dismissed only for cause.

   1. 1. The chief administrative officer of the Office of Advocate Defender shall be the Advocate General, who shall be an attorney selected from a list of three names submitted by the Oklahoma Commission on Children and Youth. The Advocate General shall be a member of the Oklahoma Bar Association and shall have a minimum of three (3) years' experience as an attorney. The compensation of the Advocate General shall be no less than that of the classification of Attorney III as established in the Merit System of Personnel Administration classification and compensation plan, but shall be an unclassified position.

   2. 2. The duties and responsibilities of the Advocate General are as follows:

      1. a. supervise personnel assigned to the Office of Advocate Defender,
      2. b. monitor and review grievance procedures and hearings,
      3. c. investigate grievances of children and staff grievances related to children which are not resolved at the facility level,
      4. d. investigate grievances of foster parents related to the provision of foster care services pursuant to this section and Section 11 of this act,
      5. e. investigate allegations of abuse or neglect of children in Department-operated facilities or children who are in the custody of the Department and placed in a private facility,
      6. f. coordinate any hearings or meetings of administrative review committees conducted as a result of unresolved grievances or as a result of investigations,
      7. g. make recommendations to the Director, and provide regular or special reports regarding grievance procedures, hearings and investigations to the Director, the Office of Juvenile System Oversight and other appropriate persons as necessary,
      8. h. forward to the Office of Juvenile Systems Oversight, for the information of the Director of that office, a copy of the final report of a complaint which is not resolved, through the system for resolution of grievances established by the Commission, in the favor of the complainant, and
      9. i. perform such other duties as required by the Director of Human Services.
3. C. The Department shall promptly and immediately report to the appropriate district attorney having jurisdiction any act or omission by persons employed by the Department, perpetrated, committed or suffered or allowed to be perpetrated or committed by such person or persons upon any child in the custody of the Department, wherever housed, when such act or omission, upon conviction, would constitute a criminal offense. Copies of all such reports shall be forwarded to the Attorney General.
4. D. The Office of Advocate Defender shall investigate allegations of abuse or neglect of a patient in a day treatment program as defined in Section 175.20 of this title, if funds are available. The Advocate General shall file a report of the results of the investigation with the appropriate district attorney having jurisdiction and the State Department of Health.

5. E.

   1. 1. The Office of Advocate Defender shall investigate any complaint alleging that an employee of the Department or of a child-placing agency has threatened a foster parent with removal of a child from the foster parent, harassed, or refused to place a child in a licensed or certified foster home, or disrupted a child placement as retaliation or discrimination towards a foster parent who has:

      1. a. filed a grievance pursuant to Section 7213 of this title,
      2. b. provided information to any state official or Department employee, or
      3. c. testified, assisted, or otherwise participated in an investigation, proceeding or hearing against the Department or child-placing agency.
   2. 2. The provisions of this subsection shall not be construed to include any complaint resulting from an administrative, civil or criminal action taken by the Department or child-placing agency for violations of law or rules, or contract provisions by the foster parent.
   3. 3. The Office of Advocate Defender shall at all times be granted access to any foster home certified, authorized or funded by the Department or a child-placing agency.

Laws 1982, HB 1468, c. 312, § 36, emerg. eff. July 1, 1982; Amended by Laws 1995, HB 1978, c. 352, § 55, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1403.3 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1995, HB 1602, c. 231, § 2 (repealed by Laws 1996, HB 2428, c. 3, § 25, emerg. eff. March 6, 1996); Amended by Laws 1996, HB 2428, c. 3, § 3, emerg. eff. March 6, 1996; Amended by Laws 1997, HB 1882, c. 389, § 7, eff. November 1, 1997 (superseded document available).