OKLAHOMA CITY – As the Oklahoma Legislature begins work, there is a record number of bills presented for consideration over the next four months before the constitutionally required adjournment on the final Friday in May.
The Oklahoma Institute for Child Advocacy (OICA) is diligently reading bills to determine which would have a direct impact on the health and well-being of children and their families.
Some of the concepts are quite innovative, while others resurrected ideas which did not pass in past Legislatures, the two-year period when lawmakers meet between elections. There likely will be several ideas not filed that will possibly be added to the bills as they work their way through the process.
One returning idea for consideration is the proposed creation of a business court system in Oklahoma. Currently, the judicial branch may create such a court, but the newly filed bill would require there be such a court in Oklahoma’s two counties with a population of more than 500,000 residents: Oklahoma and Tulsa counties.
This idea has support from Governor Stitt and many people inside and outside the Capitol. This is a good idea to have judges who are wellversed in an area of law rendering rulings for a more just system.
With that, I also encourage lawmakers, as they look at the need for this type of court, to consider another area of the law which desperately needs attention: expanded children’s courts in Oklahoma.
Children’s courts would be charged with addressing the severe backlog of thousands of family cases. These cases are critical because delays are keeping children away from their families or slowing their placement in a permanent setting that is best for the child. Currently, only four counties have designated judges specifically charged to handle such cases through a juvenile bureau, but more are needed.
The federal Court Improvement Program (CIP), created to “promote the continuous quality improvement of court processes and legal representation in child welfare proceedings through ongoing data analysis,” provides federal funding to state and tribal courts to assess their child welfare and judicial practices and develop and imple- ment improvement plans. Other states have models which could easily be replicated in Oklahoma.
A children’s court system would reduce numbers of youth lingering in foster homes or awaiting placement with other family members until a court renders a decision. Some of these cases can last well over a year, which is traumatic for the child and impedes business productivity while employees are involved in these cases. This often costs families tens of thousands of dollars.
OICA was among the organizations supporting the Family Representation and Advocacy Program. This program, under Oklahoma’s Supreme Court, provides financial incentives for attorneys around the state to take on family law cases. This is important because these cases almost always do not pay well from families, often struggling financially, who want to find a way to bring their children home. This program levels the playing field for families by providing access to experienced family law attorneys. It is important that lawmakers continue to expand this program to see success, but even this will not provide the overall solution needed. The ultimate answer is to have judges across Oklahoma who specialize in family law who can set manageable dockets and have resources to expedite decisions to benefit children involving greater use of Court Appointed Special Advocates (CASAs) and Guardian Ad Litems.
We encourage policymakers to consider a statewide children’s court system. Not only will this be best for families and their children, but it will also be good for business in Oklahoma.