2023 Oklahoma Statutes
Title 10. Children
§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 post-petition 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 court-appointed 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 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 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 high-quality 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.