2019 Oklahoma Statutes
Title 10A. Children and Juvenile Code
§10A-2-7-101. Board of Juvenile Affairs - Members - Duties and responsibilities.

A. There is hereby created the Board of Juvenile Affairs which shall consist of the following nine (9) members:

1. Five members appointed by the Governor;

2. Two members appointed by the Speaker of the House of Representatives; and

3. Two members appointed by the President Pro Tempore of the Senate.

B. 1. Each member shall serve at the pleasure of his or her appointing authority and may be removed or replaced without cause.

2. Any member of the Board shall be prohibited from voting on any issue in which the member has a direct financial interest.

3. The Executive Director of the Office of Juvenile Affairs shall be an ex officio member of the Board, but shall be entitled to vote only in case of a tie vote.

C. To be eligible for appointment to the Board a person shall:

1. Be a citizen of the United States;

2. Be a resident of this state;

3. Be a qualified elector of this state; and

4. Not have been convicted of a felony pursuant to the laws of this state, the laws of any other state, or the laws of the United States.

D. Members appointed pursuant to this paragraph shall include persons having experience in social work, juvenile justice, criminal justice, community-based youth services, criminal-justice-related behavioral sciences, indigent defense, and education. In making the appointments, the Governor shall also give consideration to urban, rural, gender, and minority representation.

E. 1. The Board shall hold meetings as necessary at a place and time to be fixed by the Board. The Board shall elect, at its first meeting, one of its members to serve as chair and another of its members to serve as vice-chair. At the first meeting in each calendar year thereafter, the chair and vice-chair for the ensuing year shall be elected. Special meetings may be called by the chair or by five members of the Board by delivery of written notice to each member of the Board. A majority of members serving on the Board shall constitute a quorum of the Board.

2. Members of the Board shall receive necessary travel expenses according to the provisions of the State Travel Reimbursement Act, but shall receive no other compensation. Travel expenses shall be paid from funds available to the Office of Juvenile Affairs.

F. The Board shall:

1. Adopt and promulgate rules for its government and may adopt an official seal for the Office of Juvenile Affairs;

2. Be the rulemaking body for the Office of Juvenile Affairs;

3. Review and approve the budget request of the Office of Juvenile Affairs to the Governor;

4. Assist the Office of Juvenile Affairs in conducting periodic reviews and planning activities related to the goals, objectives, priorities, and policies of the Office;

5. Provide a public forum for receiving comments and disseminating information to the public and the regulated community regarding goals, objectives, priorities, and policies of the Office of Juvenile Affairs at least quarterly. The Board shall have the authority to adopt nonbinding resolutions requesting action by the Office of Juvenile Affairs in response to comments received or upon the Board's own initiative; and

6. Establish contracting procedures for the Office of Juvenile Affairs and guidelines for rates of payment for services provided by contract.

G. 1. As the rulemaking body of the Office of Juvenile Affairs, the Board is specifically charged with the duty of promulgating rules which will implement the duties and responsibilities of the Office pursuant to the Oklahoma Juvenile Code.

2. Effective July 1, 1995, any administrative policies adopted by the Commission for Human Services related to personnel and other administrative issues and any rules promulgated relating to the custody, care and supervision of children adjudicated to be delinquent or in need of supervision shall be and remain in effect until amended or new rules are promulgated by the Board of Juvenile Affairs.

3. Any rules adopted by the Commission for Human Services related to personnel and other administrative issues and the custody, care and supervision of children adjudicated to be delinquent or in need of supervision and subject to review by the Legislature during the 1st Session of the 45th Oklahoma Legislature may be finally adopted and promulgated by the Board of Juvenile Affairs pursuant to the Administrative Procedures Act.

4. Starting April 1, 1995, the Board of Juvenile Affairs shall conduct an internal review of current permanent and emergency rules relating to the custody, care and supervision of children adjudicated to be delinquent or in need of supervision to determine whether such rules need to be amended, or repealed, reinstated, or recodified. By January 1, 1997, the Board shall have adopted permanent rules to implement the programs and functions within its jurisdiction and shall submit such rules for legislative review pursuant to Article I of the Administrative Procedures Act.

5. The Board of Juvenile Affairs shall develop performance standards for programs implemented, either directly or pursuant to contract, by the Office of Juvenile Affairs.

Added by Laws 1994, c. 290, § 6, eff. July 1, 1994. Amended by Laws 1995, c. 352, § 73, eff. July 1, 1995. Renumbered from § 1507.3 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1996, c. 247, § 8, eff. July 1, 1996; Laws 2002, c. 375, § 3, eff. Nov. 5, 2002; Laws 2004, c. 429, § 1, emerg. eff. June 4, 2004; Laws 2006, c. 320, § 2, emerg. eff. June 9, 2006; Laws 2009, c. 234, § 6, emerg. eff. May 21, 2009. Renumbered from § 7302-1.1 of Title 10 by Laws 2009, c. 234, § 169, emerg. eff. May 21, 2009. Amended by Laws 2019, c. 2, § 1, emerg. eff. March 13, 2019.