§ 10A-2-7-301. Office of Juvenile Affairs - Responsibilities, offices, programs - Transfer of employees, powers, duties, etc.

A.  Effective July 1, 2006, in addition to other responsibilities specified by law, the Office of Juvenile Affairs shall:

1.  Be the state planning and coordinating agency for statewide juvenile justice and delinquency prevention services; provided, it shall give full consideration to any recommendations of the Oklahoma Association of Youth Services regarding community-based facilities, programs or services;

2.  Provide court intake, probation and parole for delinquent children; and

3.  Collect and disseminate information and engage in juvenile justice or delinquency prevention activities relating to the provisions of the Oklahoma Juvenile Code.

B.  The Office of Juvenile Affairs shall include the following:

1.  The Office of Advocate Defender;

2.  The Office of the Parole Board which shall consist of the Parole Review and Hearing Board; and

3.  Such other offices prescribed by the Executive Director of the Office of Juvenile Affairs or by law.

C.  1.  Effective July 1, 2006, the following programs are established within the Office of Juvenile Affairs:

a.programs for community intervention and diversion projects to prevent juvenile delinquency,

b.state programs for children who are potentially delinquent and/or who are adjudicated delinquent,

c.programs for community disciplinary projects,

d.programs of juvenile crime restitution,

e.the Juvenile Offender Tracking Program,

f.regimented juvenile training programs,

g.the Delinquency and Youth Gang Intervention and Prevention Act, and

h.such other programs prescribed by the Executive Director of the Office of Juvenile Affairs or by law.

2.  Beginning July 1, 1995, the Office of Juvenile Affairs, in cooperation with the courts, shall develop programs which can be used directly by the Office of Juvenile Affairs or can be used in communities with the assistance of the Office of Juvenile Affairs to divert juveniles at risk of becoming delinquent from the formal court process.  Any such programs shall meet the requirements of Section 2-2-404 of this title.

D.  Beginning July 1, 1995, the Office of Juvenile Affairs, in its role as coordinator for delinquency prevention services, shall, after full consideration of any recommendation of the Oklahoma Association of Youth Services:

1.  Establish guidelines for juvenile delinquency prevention and diversion programs for use in community-based programs, including but not limited to:

a.counseling programs,

b.recreational programs,

c.job skills workshops,

d.community public improvement projects,

e.mediation programs,

f.programs to improve relationships between juveniles and law enforcement personnel,

g.diagnostic evaluation services,

h.substance abuse prevention programs,

i.independent living skills and self-sufficiency planning programs, and

j.case management services; and

2.  Provide that personnel shall be available in each county of the state to assist local communities in developing and implementing community programs to prevent delinquency and to divert juveniles who have committed delinquent acts from committing further delinquent or criminal acts.  The Office of Juvenile Affairs shall provide this service in each county either directly or by contract.

E.  1.  On July 1, 2006, the following programs or divisions, which were transferred from the Department of Human Services to the Department of Juvenile Justice on July 1, 1995, shall be transferred, along with funding allocations, to the Office of Juvenile Affairs:

a.the Residential Services Unit of the Office of Juvenile Justice and all staff for the Unit,

b.the Quality Assurance Monitoring Unit of the Office of Juvenile Justice and all staff for the Unit,

c.the Contract Management/Youth Services Unit of the Office of Juvenile Justice and all staff for the Unit,

d.the Psychological Unit of the Office of Juvenile Justice and all staff for the Unit,

e.the Juvenile Services Unit and all field and supervisory staff for the Unit,

f.all institutional staff for institutions transferred from the Department of Human Services to the Office of Juvenile Affairs,

g.all staff assigned to the community residential programs of the Office of Juvenile Justice,

h.the Management Services Unit of the Office of Juvenile Justice,

i.the Programs Unit of the Office of Juvenile Justice,

j.all staff of the business office of the Office of Juvenile Justice,

k.the Planning and Information Unit of the Office of Juvenile Justice,

l.all staff of the Office of Juvenile Justice assigned to serve as the liaison to the Federal Court Monitor of the Office of Juvenile Justice,

m.the Parole Review and Hearing Board within the Office of the General Counsel of the Department of Human Services and all members of the Board and support staff for the Board, and

n.the Division Administrator for the Office of Juvenile Justice and administrative staff for the Division Administrator.

2.  The Office of Juvenile Affairs and the Department of Human Services may enter into an agreement for the transfer of personnel on July 1, 1995, from the Department of Human Services to the Office of Juvenile Affairs.  No selected employee shall be transferred to the Office of Juvenile Affairs, except on the freely given written consent of the employee.

3.  The classified and unclassified employees who are transferred pursuant to paragraph 1 or 2 of this subsection from the Department of Human Services to the Office of Juvenile Affairs on July 1, 1995, shall be subject to the following provisions:

a.classified employees shall remain subject to the provisions of the Merit System of Personnel Administration as provided in the Oklahoma Personnel Act except that such employees shall be exempt from the provisions of the Merit System pertaining to classification until October 1, 1995.  Effective October 1, 1995, such employees shall be given status in the class to which the position occupied by the employee on October 1, 1995, is allocated by the Office of Personnel Management.  The salary of such an employee shall not be reduced as a result of such position allocation, and if the employee's salary is below the minimum rate of pay for the class to which the position occupied by the employee on October 1, 1995, is allocated, the employee's salary shall be adjusted up to the minimum rate of pay; provided, if such allocation is a promotion, the minimum rate shall be determined as provided in 530:10-7-14 of the Oklahoma Administrative Code,

b.unclassified employees shall remain in the unclassified service and shall serve at the pleasure of the Executive Director.  Effective October 1, 1995, such employees who occupy positions that are subject to the Merit System of Personnel Administration shall become classified and subject to the provisions of the Merit System of Personnel Administration pursuant to Section 840-4.1 of Title 74 of the Oklahoma Statutes. Unclassified employees who, on October 1, 1995, occupy positions that remain in the unclassified service pursuant to law, shall remain in the unclassified service and shall continue to serve at the pleasure of the Executive Director,

c.all employees who are transferred to the Office of Juvenile Affairs shall retain leave, sick and annual time earned and any retirement and longevity benefits which have accrued during their tenure with the agency from which transferred.  The salaries of employees who are transferred shall not be reduced as a direct and immediate result of the transfer.  The transfer of personnel among the state agencies shall be coordinated with the Office of Personnel Management, and

d.if the Office of Juvenile Affairs should implement a reduction in force, all employees transferred from the Department of Human Services to the Office of Juvenile Affairs on July 1, 1995, shall be credited for the time they were employed by the Department of Human Services.  The Office of Juvenile Affairs may enter into a contract for professional services for any contract that was in effect at the time of the posting of the reduction in force with a person who has been separated from service with the Office of Juvenile Affairs as a result of the reduction in force.

F.  Effective July 1, 1995, custody, care and supervision of juveniles adjudicated to be delinquent or in need of supervision and any monies and funds received on behalf of such juveniles are hereby transferred from the Department of Human Services to the Office of Juvenile Affairs.  Records in the custody of the Department of Human Services on the transfer date relating to delinquent juveniles and juveniles in need of supervision shall be transferred to the Department of Juvenile Justice.  Effective July 1, 2006, records in the custody of the Department of Juvenile Justice relating to delinquent juveniles and juveniles in need of supervision shall be transferred to the Office of Juvenile Affairs.

G.  Effective July 1, 1995, all powers, duties, records, property, assets, monies and funds of the Office of Juvenile Justice shall be transferred to the Office of Juvenile Affairs.  Effective July 1, 1995, liabilities of the Office of Juvenile Justice shall be transferred to the Office of Juvenile Affairs as provided for in the appropriation process of the Legislature.  Any additional administrative support or costs incurred by the Office of Juvenile Affairs as a result of the transfer required by this section shall be borne by the Office of Juvenile Affairs.

H.  The Office of Juvenile Justice shall be abolished by the Commission for Human Services after such transfer has been completed.

I.  The Director of State Finance is hereby directed to coordinate the transfer of assets, funds, allotments, purchase orders, liabilities, outstanding financial obligations or encumbrances provided for in this section.  The Department of Central Services is hereby directed to coordinate the transfer of property and records provided for in this section.

Added by Laws 1994, c. 290, § 9, eff. July 1, 1994.  Amended by Laws 1995, c. 352, § 77, eff. July 1, 1995.  Renumbered from § 1507.6 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 2006, c. 320, § 5, emerg. eff. June 9, 2006; Laws 2007, c. 1, § 5, emerg. eff. Feb. 22, 2007; Laws 2009, c. 234, § 7, emerg. eff. May 21, 2009.  Renumbered from § 7302-3.1 of Title 10 by Laws 2009, c. 234, § 171, emerg. eff. May 21, 2009.

Note

NOTE:  Laws 2006, c. 124, § 2 repealed by Laws 2007, c. 1, § 6, emerg. eff. Feb. 22, 2007.