First DHS Joint Citizens Advisory Panel Meeting Scheduled Today

OKLAHOMA CITY --The Oklahoma Department of Human Services (DHS) Joint Citizens Advisory Panel will hold its first meeting Wednesday, August 14, at the Credit Union House, 631 East Hill Street in Oklahoma City, beginning at 10 a.m.

House Bill 3137 from 2012 established four citizen advisory panels in the areas of administration, aging issues, children and family issues, and disability issues.

They will serve to provide advice, information, findings and analysis to the Director regarding policies and practices of DHS and their impact on outcomes. The panels will study and make recommendations to the Director regarding the management and operation of DHS, and will also offer recommendations for the implementation of the Pinnacle Plan.

Each advisory panel will meet at least four times a year; the entire Joint Citizens Advisory Panel will meet at least once a year.

The Human Services Commission for the DHS was abolished by the voters of Oklahoma on Nov. 6, 2012 with the passage of State Question State Question 765.

Previously, the Commission had oversight of DHS, but the passage of SQ 765 means that the Director of DHS makes all decisions for the agency and reports directly to the Governor.

The four citizen advisory panels will report to the Director and provide advice and recommendations on Administration issues, Aging issues, Children and Family issues, and Disability issues. Each advisory panel has five members, with one member on each panel appointed by the Governor, the Speaker of the House, the Senate Pro Tempore, the Minority House Leader and the Minority Senate Leader.

Agenda:

DEPARTMENT OF HUMAN SERVICES
JOINT CITIZENS ADVISORY PANEL MEETING
Aug. 14, 2013 10 a.m.
CREDIT UNION HOUSE
631 EAST HILL STREET
OKLAHOMA CITY, OKLAHOMA

AGENDA
Call to Order and Roll Call

Welcome and Opening Comments – Ed Lake, Director

10:15 a.m. Legislative Intent of House Bill 3137 –Senator Greg Treat and Representative Jason Nelson

10:30 a.m. Co-Neutrals –Eileen Crummy, Kathleen Noonan, and Kevin Ryan

10:45 a.m. Open Meeting Act and Open Records Act – Jan Preslar, Attorney General’s Office

11:15 a.m. Finance and Administrative Services –Melissa Lange, Finance Division

11:45 a.m. - Lunch

12:15 p.m. Media Relations – Sheree Powell, Director, Communications and Community Relations

12:30 p.m. Services under the oversight and direction of Chief of Staff:
12:30 Diane Haser-Bennett, Director, Human Resource Management
12:40 Connie Schlittler, Director, Planning/Research/Statistics
12:50 Samantha Galloway, Coordinator, Intergovernmental Relations/Policy

1:00 p.m. Legal Services – Richard Freeman, Legal Services Division

1:15 p.m. Community Living and Support Services - Mark Jones, Chief Coordinating Officer, Community Living and Support Services

1:45 p.m. Adult and Family Services – Jim Struby, Director, Adult and Family Services

2:15 p.m. Child Welfare and the Oklahoma Pinnacle Plan – Deborah Smith, Director, Child Welfare Services

Adjournment

Go to http://www.okdhs.org/divisionsoffices/panel/default.htm for additional information and a complete list of scheduled meetings.

Governor Signs Student Privacy Bill

OKLAHOMA CITY – A bill signing ceremony for House Bill 1989, the Student Data Accessibility, Transparency and Accountability Act (Student DATA Act), was held today at the State Capitol. This new law establishes Oklahoma as a leader in student privacy. The bill establishes new procedures and safeguards for the collection and use of student data by our public school system.

Supt. Janet Barresi, Rep. Jason Nelson, Sen. Greg Treat, Gov. Mary Fallin,
Rep. David Brumbaugh, Rep. Sally Kern, John Kraman

The Student DATA Act requires the State Board of Education to publicly set policies and establish safeguards for student data collected by the State Department of Education. Student data privacy has been handled largely at the staff level within the Department.

The law establishes new, strict limits on the transfer of student data, including de-identified data, to federal, state or local agencies or organizations outside Oklahoma. It further restricts the Department from requesting delinquency records, criminal records, medical and health records, social security numbers and biometric information as part of student data collected from districts.

Gov. Mary Fallin praised the successful effort to pass HB1989.

"The new law is a strong, conservative solution to a problem every state in the country is struggling to address,” said Gov. Fallin. “States play a vital role in protecting students’ privacy and Oklahoma takes that responsibility seriously. I applaud our legislators and Superintendent Barresi for working together on this legislation.”

Rep. David Brumbaugh, R-Broken Arrow, was the principle author of HB1989.

“Over time, I have been hearing more and more from parents about the data schools gathered about our children, what data was passed on to the state and federal governments and how that data could be used – and by whom," said Rep. Brumbaugh. "These concerns are what prompted me to author this bill. The Student DATA Act is the critical first step in developing a set of comprehensive and strict privacy controls on student data collected by Oklahoma's public school system."

Rep. Jason Nelson, R-Oklahoma City, a House coauthor, helped draft the language of HB1989.

"As a parent of two children in public schools I know it's important for educators to keep records on students so they can do their jobs," said Rep. Nelson. "But, as a parent I also want the information handled appropriately. Now that the Student DATA Act opens the student data collection process to the public, everyone has the tools to help make sure there is an appropriate balance between having critical information about students but not collecting more data than is absolutely necessary while protecting such sensitive information."

Sen. Greg Treat, R-Oklahoma City, the Senate author, noted it is rare for a bill dealing with education to get such overwhelming support.

"I was pleased to work with these individuals who have diverse perspectives on education," said Sen. Treat. "Everyone came together to protect student data privacy."

The new law addresses the growing need to protect more fully our children’s privacy as the State Department of Education works with districts to expand teacher access and use of data for the purpose of improving instruction to increase student achievement.

Rep. Jason Murphey, R-Guthrie, a House coauthor, highlighted the importance of transparency about data collection.

"The new law creates additional transparency," said Rep. Murphey. "For the first time, the process for protecting student data will be required to be open to the public. Being open with the public is the best way to avoid problems in the future."

Sen. Clark Jolley, R-Edmond, Senate coauthor, said the law protects student privacy while allowing essential data to be used for accountability purposes.

“It is paramount to protect student privacy by securing the data, but still allowing for funding decisions to be made from what is proven effective rather than what we hope or think will be effective,” said Sen. Jolley. "With state resources being so limited, every dollar counts.”

Superintendent Janet Barresi called the new law a well thought out approach to protect student information.

“The Oklahoma State Department of Education has been working with local administrators and teachers to determine what data they need from the state to improve student learning," said Supt. Barresi. "As more data are made available to classroom teachers, the state needs thoughtful and transparent rules about who can access the data and how it can be used."

It is anticipated this new level of transparency will lead to a healthy public debate about the proper role and scope of data collected on the State's public school students. With the level of detail now available to the public, concerned Oklahomans will have the information necessary to better guide policy makers in decisions regarding the sensitive issue of information collected on students. As lawmakers, we look forward to a public conversation on this issue and expect to run additional legislation in the future to build on this foundation.

“This was a combined effort to ensure that the new law would achieve desired outcomes without causing unintended consequences for teachers and students,” says Rep. Brumbaugh, adding that, “we will continue to work with the Department of Education as they implement the law.”

HB1989 received near unanimous support, passing the House 88-2 and the Senate 41-0. The bill was signed by Gov. Fallin on May 29th and becomes effective July 1.

The Student DATA Act:

• requires the State Board of Education to publish a public inventory of student data elements collected by the State Department of Education with definitions of each student data element,


• requires the Board to publish a public list of additional student data elements it is proposing for collection including a statement about the reason for the proposal,


• requires the Board to develop and make public policies and procedures to comply with all relevant privacy laws,


• requires the Board to develop and make public policies limiting who can access student data, what student data can be accessed and the circumstances under which the data may be accessed,


• requires that student data collected and maintained by the Department be kept confidential except where the Board has developed and made publicly available the criteria for exceptions,


• requires the Board to ensure compliance by the Department with privacy laws,


• requires the Board to ensure vendor contracts include express provision that safeguard privacy and include penalties for noncompliance, and


• requires the Board to make annual reports to the Governor and Legislature.


• establishes new strict limits on the transfer of student data, including de-identified data, to federal, state or local agencies or organizations outside Oklahoma, and


• further restricts the Department from requesting delinquency records, criminal records, medical and health records, social security numbers and biometric information as part of student data collected from districts.

Fallin Appoints Members to Blue Ribbon Panel to Address Intellectual/Developmental Disabilities Waiting List

OKLAHOMA CITY – Governor Mary Fallin today appointed the members of a Blue Ribbon Panel for Developmental Disabilities. Fallin created the panel by executive order, and announced its formation last month at the Governor's Conference on Developmental Disabilities in Norman.

There are almost 60,000 men, women and children with intellectual disabilities in Oklahoma. Currently, the state has a waiting list of over 7,000 people requesting services from the state’s Developmental Disabilities Service Division (DDSD).

The new panel will develop a comprehensive plan to support individuals with intellectual disabilities and their families, starting with recommendations to address the state’s growing waiting list for DDSD services. It will also research and analyze best practices for the comprehensive delivery of high quality services. 

“Our goal as a state is to be a resource that allows men, women and children with intellectual disabilities the ability to realize their full potential, to live their own lives, and to do so as independently as possible,” said Fallin. “This new panel is composed of people with personal and professional experiences that can help us to pursue this goal and improve services.”

Panel members include:

James Nicholson of Oklahoma City. Nicholson is retired from the Oklahoma Department of Human Services, where he served for more than four decades. He served most recently as the Director of DDSD.  He will serve as chairman of the panel. 

Ann Trudgeon of Oklahoma City. Trudgeon is the executive director of the Oklahoma Developmental Disabilities Council (ODDC). She has been with the ODDC since 1989. She will serve as an ex officio member on the Blue Ribbon panel.     

State Representative Jason Nelson of Oklahoma City. Nelson was elected to the Oklahoma House of Representative in 2009 and represents District 87. He currently serves as the chairman on the A&B Human Services committee. Nelson is also on the conference committee on human services and human services committee. 

State Senator Greg Treat of Oklahoma City. Treat was elected to the Oklahoma Senate in 2011 and represents District 47. He currently serves as the vice chairman on the health and human services appropriations subcommittee.  

Wanda Felty of Norman. Felty is the community leadership and advocacy coordinator for the Oklahoma LEND (Leadership Education for Health Care Professionals Caring for Children with Neurodevelopmental and Related Disabilities). She is also on the board of directors at the Oklahoma Developmental Disabilities Council to which she was appointed by Governor Fallin in August 2012 and she has a daughter with an intellectual disability.

Rene’ Daman of Edmond. Daman is the director of the Oklahoma Autism Network at the University of Oklahoma Health Sciences Center. She has been with the Department of Rehabilitation Science since 1999. She has provided training and technical assistance for providers who support children with autism and their families in early intervention, educational, and community settings.

Michael Upthegrove of Norman. Upthegrove is an adult with an intellectual disability. He previously served on the Oklahoma Developmental Disabilities Council from 2001 to 2009.

Deanna Banta of Shawnee. Banta is an adult with an intellectual disability and is president of Oklahoma People First, a non – profit self advocacy group that promotes equality for people with developmental disabilities.

Robin Arter of Duncan. Arter is the executive director of Duncan Group Homes, a nonprofit agency that provides assistance for people with intellectual disabilities. She is on the Governor’s Advisory Committee at the Oklahoma Office of Disability Concerns. 

Nancy Ward of Oklahoma City. Ward is co – chair of the Oklahoma Self Advocacy Network (OKSAN), which seeks to strengthen the self-advocacy movement in Oklahoma and to increase the inclusion and independence of people with disabilities. She is an adult with an intellectual disability.  

Deborah Decker of Norman. Decker is a special agent with the Federal Bureau of Investigation and a parent of a child with an intellectual disability. She is the current president of the Sulphur Springs Special Needs Retreat and a parent leader at AutismOKC.org, a support network for parents with children with special needs.  

Fallin Creates Blue Ribbon Panel on Developmental Disabilities (March 5, 2013)

SQ 765 necessary to rebuild Oklahoma’s broken Department of Human Services

Supporters say the welfare of Oklahoma’s children need a voice

OKLAHOMA – Passage of State Question 765 is a major component of Oklahoma’s effort to rebuild and improve the state’s broken Department of Human Services (DHS). The welfare of Oklahoma’s children, families, aging and disabled need a voice, supporters and authors of the ballot measure said Friday at a news conference at the Oklahoma State Capitol.

“Currently, the Department of Human Services is largely governed by a volunteer board which, however well-intentioned, does not answer to voters,” said Governor Mary Fallin. “The passage of SQ 765 will put authority for appointing an agency director in the hands of the governor, who was chosen to represent the people of Oklahoma and whose job it is to be responsive to their concerns. I am supportive of SQ 765 because it offers the governor more flexibility to pursue the reforms and improvements needed to keep Oklahoma children safe and to deliver higher quality services.”

See also: DHS will be improved, not abolished by SQ765

See also: Vote YES on SQ765 for Real DHS Reform

Under the watch of the DHS nine-member board, the Oklahoma Commission of Human Services, numerous child deaths, lawsuits and the resignation earlier this year of the DHS chairman have occurred.

Five-year-old Serenity Deal died while in the custody of the state in 2011, after repeated concerns were expressed by her foster parents about the danger she was in. DHS employees testified as to the safety of her father’s home, despite proof of repeated physical injuries.

Linda Terrell

“The Oklahoma Institute for Child Advocacy fought hard last session to bring bold reforms to the broken child welfare system through the Serenity Project,” said Linda Terrell, OICA executive director. “The next crucial step is for voters to say yes to SQ 765 to abolish an antiquated oversight commission to bring greater accountability and ensure the safety of our most vulnerable Oklahomans.”

“The death of any child is tragic, but when a child dies because a government bureaucracy failed them is simply unacceptable,” said Annette Deal, grandmother of Serenity Deal. “Voting yes on State Question 765 means we are doing everything in our power to ensure no family has to endure the pain of losing a child the way our family lost Serenity.”

Under the watch of the DHS commission, DHS recently paid $9,500 to settle a lawsuit filed after a temporary DHS worker picked up the wrong girl from a Harrah elementary school in 2006. Additionally, the agency is involved in a lawsuit with a New York-based child advocacy group, Children’s Rights, that alleges Oklahoma’s system of caring for abused and neglected children is so bad that children are being injured and otherwise harmed while in shelters and foster homes. Earlier this year, the state of Oklahoma paid $300,000 to settle a lawsuit filed by a mother who hid her young girl after DHS workers allegedly rejected concerns the girl had been molested.

“The agency’s governance structure is broken. It’s a 1930s governance model that fails to meet the needs of a complex 21st century agency,” said Rep. Jason Nelson, R-Oklahoma City and leader of the House DHS Working Group. “Nearly all the agency’s major problems can be traced back to an unaccountable commission and the historical tendency to insulate the director from any real accountability. If DHS is really going to improve, it must start at the top.”

In 2009, 3-year-old Ryan Weeks was beaten to death after being placed back in his mother’s custody from foster care despite pleading with the agency not to return the boy to the home. The mother’s live-in boyfriend eventually pleaded no contest to first-degree murder.

“Weeks spent his entire life in a home plagued by drug abuse and domestic violence,” said Steven Dow, executive director of the Community Action Project of Tulsa County and former DHS commissioner. “Children like him need the support and encouragement of a child welfare system that works and acts as a savior.”

DHS Commission meeting earlier this year

Three former or current Oklahoma Commissioners of Human Services, including Dow, are in favor of SQ 765 and getting rid of the commission altogether. The additional members include, Anne Roberts and former chairman Brad Yarbrough, who is a current commissioner.

Voter approval of the measure would end Oklahoma’s distinction as the only state where the director reports to an unelected commission rather than a governor whose elected position makes them directly accountable to the people ofOklahoma.

If the state question passes, HB 3137, passed in the legislature earlier this year, would require the DHS director to be appointed by the governor and confirmed by the Senate. Currently, the director is hired by the Commission for Human Services.

“It puts the agency’s leadership closer to the people because the governor is accountable to all the people of Oklahoma,” Nelson said. “The pressure will be on the agency director to do what is right or they’ll have to answer to all the people ofOklahoma rather than an unelected, unaccountable commission. This agency is too important to leave it in the hands of people who don’t directly answer to the public.”

HB 3137 would also establish advisory panels that would monitor each of the agency’s divisions to help agency leadership make informed decisions. The legislation was developed and supported collectively by a bipartisan group of legislatures comprised of House Speaker Kris Steele, R-Shawnee; Reps. Wade Rousselot, D-Okay; Jason Nelson, R-Oklahoma City; Pat Ownbey, R-Ardmore; Pam Peterson, R-Tulsa; and Sens. Greg Treat, R-Oklahoma City and Rick Brinkley, R-Owasso.

“The state question would not only abolish the commission but also a bad statute that goes back to 1936, Dow said. “Nothing has happened or can happen to improve the system because of the laws that are currently in effect. It’s time to change our system and SQ 765 is the first step.”

“A vote for SQ765 is a vote to fix DHS,” said Sen. Greg Treat, R-Oklahoma City. “It is a vote to bring greater oversight and accountability that is desperately needed.”

Governor to hold public bill signing of DHS reforms

Governor Mary Fallin will hold a public bill signing ceremony and press conference tomorrow afternoon to sign DHS reform legislation. I know many of you are interested in these reforms so I wanted to make sure you were aware of the plans and I hope you are able to attend. 

Thursday, May 31

3:30 p.m.  

Governor’s Blue Room

The reform bills include:

• HB3133 – Any individual who knowingly provides false information in a deprived child proceeding commits a felony. 
• HB3134 – DHS to eliminate the Field Operations Division and to vertically integrate all program divisions and staff; field operations and programs shall no longer be separated into different divisions. 
• HB3135 – Allows for DHS to release certain information when a child death has occurred.
• HB3137 – Gives the Governor authority to select the DHS Director, subject to confirmation from the Senate. Creates citizen advisory panels to evaluate core areas of DHS. 
• HJR1092 – Refers to the vote of the people a constitutional amendment which would delete the DHS Commission and allow the department to be administered under the Governor’s purview. (Included in the reform measures is HJR1092 that sends State Questions 765 to a vote of the people this fall. HJR1092 does not require the governor’s signature).

Sen. David to head Health and Human Services Subcommittee

Sen. Kim David
R-Porter

State Sen. Kim David has been chosen to serve as chair of the Appropriations Subcommittee on Health and Human Services. 

David, R-Porter, previously served as vice-chair of the committee. 

Sen. Greg Treat, R-Oklahoma City, now takes over as vice-chairman. Senate President Pro Tempore Brian Bingman said the appointments would guarantee a continuity of leadership for the subcommittee.

“Last session this subcommittee had the responsibility of determining the allocations of nearly $2 billion for agencies touching lives in every single community in Oklahoma,” said Bingman, R-Sapulpa. “With Senator Clark Jolley now serving as chairman of full appropriations, we are grateful that Senator David was willing to step up to head the Health and Human Services Subcommittee. I am also confident that Senator Treat will do an excellent job as vice-chairman.”

The subcommittee determines the budgets of 12 state agencies, including the Oklahoma Health Care Authority, the Department of Human Services, the Oklahoma Department of Health and the Department of Mental Health and Substance Abuse Services.

“The agencies contained in the Health and Human Services subcommittee impact some of Oklahoma’s most vulnerable citizens,” David said. “There are limited resources, so it is critical for us to be diligent in our efforts to prioritize every single dollar allocated for these agencies to do the greatest good possible for our citizens.”

Treat previously served as a member of the Health and Human services subcommittee.

“I am grateful to Pro Tempore Bingman for this opportunity. Without a doubt, the agencies within Health and Human Services represent an extremely complex but crucial area of state government,” Treat said. “I look forward to working with Senator David in meeting these challenges.”