1. A.

   1. 1. A foster parent may report to the Office of Advocate Defender of the Department of Human Services an allegation that an employee of the Department or of a child-placing agency has threatened the 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 complaints from foster parents resulting from administrative, civil or criminal action taken by the employee or Department or child-placing agency for violations of law or rules, or contract provisions by the foster parent.
   3. 3. A reporter shall not be relieved of the duty to report incidents pursuant to the Oklahoma Child Abuse Reporting and Prevention Act.
   4. 4. The Advocate General shall establish rules and procedures for evaluating reports of complaints pursuant to paragraph 1 of this subsection and for conducting an investigation of such reports.

2. B.

   1. 1. The Office of Advocate Defender shall prepare and maintain written records from the reporting source that shall contain the following information to the extent known at the time the report is made:

      1. a. the names and addresses of the child and person responsible for the child's welfare,
      2. b. the nature of the complaint, and
      3. c. the names of the persons or agencies responsible for the allegations contained in the complaint.
   2. 2. Any investigation conducted by the Office of Advocate Defender pursuant to such information shall not duplicate and shall be separate from the investigation mandated by the Oklahoma Child Abuse Reporting and Prevention Act or other investigation of the Department having notice and hearing requirements.
   3. 3. At the request of the reporter, the Office of Advocate Defender shall keep the identity of the reporter strictly confidential from the operation of the Department, until the Advocate General determines what recommendations shall be made to the Commission for Human Services and to the Director of the Department of Human Services.
3. C. The Commission shall ensure that a person making a report in good faith under this section is not adversely affected solely on the basis of having made such report.
4. D. Any person who knowingly and willfully makes a false or frivolous report or complaint or a report that the person knows lacks factual foundation, pursuant to the provisions of this section, may be subject to loss of foster parent certification or licensure status.

Laws 1997, HB 2133, c. 389, § 11, eff. November 1, 1997; Amended by Laws 1999, HB 1280, c. 396, § 12, emerg. eff. June 10, 1999 (superseded document available).