§ 10-1116.2v2 — Postadjudication review boards.

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. In the event of a conflict of interest or for any reason when circumstances dictate, the Director may transfer the appointment decision to the Commission whose decision shall be final. An aggrieved candidate may appeal a decision of the Director denying appointment within five (5) days to the Commission, whose decision shall be final. The Commission 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. C. Board members shall be appointed for a term of five (5) 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 as follows: 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 the person 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 the person is professionally involved. D. Each review board shall annually elect a chair and shall provide the Commission with the contact information of the chair. 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. There shall be a rebuttable presumption that a person participating in a judicial proceeding as a postadjudication review board member, a member of the State Postadjudication Review Advisory Board created in Section 1116.6 of this title, or postadjudication review board staff is acting in good faith. When acting in good faith, a participant shall be immune from any civil liability that might otherwise be incurred or imposed. Each 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. Upon request, members or prospective members of other review boards, students or researchers may observe, but not participate in, board meetings subject to conditions imposed by the board. Further, members and staff of the State Postadjudication Review Advisory Board who are exercising their oversight responsibilities pursuant to state law may observe, but not participate in, board meetings. All parties shall maintain confidentiality, and the names of the children in placement shall not be published. Temporary ad hoc review boards may be created in counties in which there is no active review board. The Director of the Oklahoma Commission on Children and Youth may appoint active or alternate members of existing review boards to serve as members of local boards that are unable to meet quorum requirements and to temporarily constitute members of a new board where no current board exists. A member appointed to temporary service shall be fully qualified as provided by law, and such service shall terminate when the basis for the appointment is remedied or upon the order of the Director. F. As a condition of service, members and alternates of a postadjudication review board shall attend the next available orientation program after appointment to the board. Failure to attend an orientation program, at the discretion of the Commission, may result in the removal of the board member. Members shall receive additional training as required by the Commission. 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 shall provide members of postadjudication review boards with necessary operating supplies 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 removal shall include but not be limited to: 1. Failure to attend board meetings as required by the Commission; 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.

Legislative History

Added by Laws 1981, c. 289, § 4, eff. Oct. 1, 1981. Amended by Laws 1983, c. 113, § 3, eff. Nov. 1, 1983; Laws 1989, c. 339, § 2, emerg. eff. June 2, 1989; Laws 1991, c. 296, § 20, eff. Sept. 1, 1991; Laws 1992, c. 39, § 1, eff. Sept. 1, 1992; Laws 1993, c. 72, § 1, eff. July 1, 1993; Laws 2002, c. 445, § 2, eff. Nov. 1, 2002; Laws 2006, c. 124, § 1, eff. Nov. 1, 2006; Laws 2009, c. 198, § 1, eff. Nov. 1, 2009; Laws 2024, c. 347, § 7, emerg. eff. May 28, 2024.