Okla. Stat. tit. 10A, § 10A-2-7-306

Agencies - Termination of designation - Contract administration.

A. Funds specifically appropriated to the Office of Juvenile

Affairs for designated Youth Services Agency programs for both the

Office of Juvenile Affairs and the Department of Human Services or

funds allocated by the Department of Human Services for designated

Youth Services programs and provided to the Office of Juvenile

Affairs by interagency agreement shall be made available through

contracts negotiated by the Office of Juvenile Affairs to

organizations designated by the Board of Juvenile Affairs as "Youth

Services Agencies". All core community-based programs and services

to be performed by a Youth Services Agency during a contract period

shall be included in one contract or contract extension for that

period. Designations of Youth Services Agencies by the Board shall

be granted based on community needs, as indicated in the State Plan

for Youth Services Agencies which shall be adopted by rule by the

Board. The State Plan for Youth Services Agencies shall be adopted

in accordance with criteria approved by the Board of Juvenile

Affairs after full consideration of any recommendations of the

Department of Human Services and the Oklahoma Association of Youth

Services. The criteria and plan adopted by the Board shall

designate community-based Youth Services Agency Service Areas that

will serve as the primary catchment area for each Youth Services

Agency. Until the criteria is established by the Board, the

criteria established by the Commission for Human Services shall

remain in effect. The criteria for designation of Youth Services

Agencies shall include but shall not be limited to:

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1. Capability to deliver all or part of the compensable

services enumerated in Section 2-7-303 of this title, if the Youth

Services Agency is to provide such services;

2. Capability to deliver all or part of the compensable

children's services that the Department of Human Services is

authorized to provide for by contract with a private agency, if the

Youth Services Agency is to provide such services;

3. Adequate and qualified staff who are available as needed,

within a reasonable time after being contacted for services in each

county served by the agency;

4. Adequate services in the Youth Services Agency Area served

by the agency;

5. Financial viability;

6. A documented need for the local services to be offered as

determined by a local needs assessment for the Youth Services Agency

Service Area that shall be reviewed and approved or modified by the

Board and included in the State Plan for Youth Services Agencies;

and

7. Any negative impact on the ability to provide services or

the financial viability of an existing Youth Services Agency.

As used in this section, "financial viability" means the ability

of a Youth Services Agency to continue to achieve its operating

objectives and fulfill its mission over the long term. When

determining the financial viability of a Youth Services Agency, the

Office of Juvenile Affairs shall develop an analysis that takes into

consideration the three (3) previous fiscal years' financial audits,

if available; the previous fiscal year program audits, if available;

the current fiscal year financial position; and one-year future

revenue and expenditure projection.

B. The criteria for designation of Youth Services Agencies also

may include:

1. Successful completion of an initial peer review by the

Oklahoma Association of Youth Services or another Oklahoma nonprofit

corporation whose membership consists solely of Youth Services

Agencies and of whom at least a majority of Youth Services Agencies

are members; and

2. Such other criteria as the Board of Juvenile Affairs

determines appropriate.

C. Each Youth Services Agency receiving, by grant or contract

from the Department of Human Services on June 30, 1995, state funds
vices or another Oklahoma nonprofit

corporation whose membership consists solely of Youth Services

Agencies and of whom at least a majority of Youth Services Agencies

are members; and

2. Such other criteria as the Board of Juvenile Affairs

determines appropriate.

C. Each Youth Services Agency receiving, by grant or contract

from the Department of Human Services on June 30, 1995, state funds

specifically appropriated for community-based youth services

programs, is hereby automatically designated a "Youth Services

Agency".

D. The Board of Juvenile Affairs, on recommendation of the

Office of Juvenile Affairs, may terminate the designation of a Youth

Services Agency that:

1. Is seriously deficient in the administration of its program;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 413

2. Loses financial viability; or

3. Fails to successfully complete the annual peer review

process by the Oklahoma Association of Youth Services or another

Oklahoma nonprofit corporation whose membership consists solely of

Youth Services Agencies and of whom at least a majority of Youth

Services Agencies are members.

Before the Board of Juvenile Affairs terminates the designation

of a Youth Services Agency, the Office of Juvenile Affairs shall

complete a report documenting its reasons for the termination. The

report shall be submitted to the Board for review. The report shall

contain an analysis of the program administration, financial

viability and most recent peer review report of the Youth Services

Agency. The Office of Juvenile Affairs shall also develop a plan to

ensure that services provided by the Youth Services Agency whose

designation is being terminated shall continue to be provided by

another Youth Services Agency or agencies. In developing the plan,

the Office of Juvenile Affairs shall give full consideration to any

recommendations of the Oklahoma Association of Youth Services. The

plan shall be submitted to the Board as part of the report

documenting the reasons for termination of the Youth Services Agency

by the Office of Juvenile Affairs.

Any applicant organization denied designation as a Youth

Services Agency or any Youth Services Agency whose designation as a

Youth Services Agency is being terminated, is entitled to an

individual proceeding as provided in Article II of the

Administrative Procedures Act.

E. No Youth Services Agency shall be eligible to receive

funding until the beginning of the fiscal year after it receives its

designation as a Youth Services Agency unless it is replacing a

Youth Services Agency whose designation has been terminated. No

Youth Services Agency shall receive funding for the first time if

such funding will result in lowering the contract amount from the

previous fiscal year for any existing Youth Services Agency.

F. The Office of Juvenile Affairs shall be the sole

administrator of Youth Services Agency contracts. Any contracting

procedure shall include a procedure for converting all contracts to

a system of payment which will be structured in a manner that will

allow for the receipt of all available federal funds. Provided, the

Office of Juvenile Affairs shall make no requirement that would

require a juvenile to be inappropriately diagnosed for the purpose

of receiving federal reimbursement for services.

G. The Office of Juvenile Affairs and the Department of Human

Services shall enter into a cooperative agreement that establishes

procedures to ensure the continuation of services provided for in

paragraph 2 of subsection A of this section by Youth Services

Agencies. The Office of Juvenile Affairs shall consult with the

Department of Human Services when assessing the capability of a

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 414

Youth Services Agency to deliver services pursuant to paragraph 2 of

subsection A of this section.

H. Funds for the support of Youth Services Agencies shall be
ion A of this section by Youth Services

Agencies. The Office of Juvenile Affairs shall consult with the

Department of Human Services when assessing the capability of a

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 414

Youth Services Agency to deliver services pursuant to paragraph 2 of

subsection A of this section.

H. Funds for the support of Youth Services Agencies shall be

authorized by the Office of Juvenile Affairs only on the basis of

cost reimbursement performance contracts or fee-for-service

contracts. If a Youth Services Agency provides some services on a

fee-for-services basis and some services on a cost reimbursement

basis, no cost which has been included as part of the rate for

services provided on a fee-for-service basis shall be reimbursable

under the cost reimbursement portion of the contract. Fees charged

for annual peer reviews shall be reimbursable.

I. The Board may establish a fixed and uniform rate for any

community-based prevention service, including services to

individuals, groups, and community relations directed toward the

larger community, so long as the segment of the larger community or

target audience of persons to benefit is identified and the specific

prevention activities to be performed are described in the rate.

J. Contracts for the support of, or for services by, Youth

Services Agencies shall be negotiated in the following manner:

1. The local board of the Youth Services Agency, based upon its

knowledge and assessment of the needs of the community, shall

prepare and present to the Office of Juvenile Affairs a proposal to

provide community-based services to juveniles and families in the

youth services service area in which it is located. The proposal

shall be specific in terms of its program objectives and goals and

the services the Youth Services Agency proposes to render;

2. Upon receipt of the proposal of the Youth Services Agency,

the Office of Juvenile Affairs shall determine if the proposal meets

the criteria adopted by the Board of Juvenile Affairs in the State

Plan for Youth Services Agencies and, within the resources

available, meets the need for community-based services in the youth

services service area. If no State Plan for Youth Services exists,

the proposal shall be deemed to meet the need for community-based

services in the youth services area;

3. Contracts shall require performance of a specific service or

services to be performed. Where the services cannot be broken down

into units, specifically measurable and reviewable services shall be

stated. Contracts may contain requirements of performance based

upon measurable quality outcome indicators. Documentation required

for monitoring and evaluation of the contract shall be consistent

with the terms of the contract, shall be in accordance with

generally accepted governmental accounting practices, and so far as

possible, sufficient for the Office of Juvenile Affairs to monitor

the performance of the contract without being overly burdensome to

the Youth Services Agency. The documentation to be required is the

proper subject of negotiation as part of the contracts, and the

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parties may rely on the Office of Management and Enterprise Services

for assistance if they are unable to reach agreement;

4. The Office of Juvenile Affairs and the Youth Services Agency

shall negotiate the final terms and enter into the contract. Youth

Services Agencies may authorize the Oklahoma Association of Youth

Services or another Oklahoma nonprofit corporation, whose membership

consists solely of Youth Services Agencies and of whom at least a

majority of Youth Services Agencies are members, to negotiate on

their behalf; and

5. The Office of Juvenile Affairs and a Youth Services Agency

may agree to extend their fiscal year 2006 contracts for a period
may authorize the Oklahoma Association of Youth

Services or another Oklahoma nonprofit corporation, whose membership

consists solely of Youth Services Agencies and of whom at least a

majority of Youth Services Agencies are members, to negotiate on

their behalf; and

5. The Office of Juvenile Affairs and a Youth Services Agency

may agree to extend their fiscal year 2006 contracts for a period

not to exceed one (1) year in order to implement the provisions of

this subsection. The amount of money in the contracts may be

amended to reflect any change in the money appropriated for fiscal

year 2007 for community-based service agencies.

K. Contracts with Youth Services Agencies for community-based

services shall be for a period of twelve (12) months, beginning at

the first of each fiscal year, and renewable on an annual basis.

Contracts shall be considered during the third and fourth quarter of

the fiscal year for contracting the following year. Consideration

for renewal shall include a review of the performance of the current

contract including the annual peer review. If the Office of

Juvenile Affairs determines the contractual relationship shall be

renewed, it shall be in a new contract for the upcoming fiscal year

and may or may not contain the same terms, conditions, form and

format as the previous contract. Any change from the contract of

the previous year that is proposed by the Youth Services Agency or

the Office of Juvenile Affairs shall be the subject of negotiation

at the request of either party.

L. The Oklahoma Association of Youth Services, or another

Oklahoma nonprofit corporation whose membership consists solely of

Youth Services Agencies and of whom at least a majority of Youth

Services Agencies are members may provide technical assistance to

the Youth Services Agencies in the preparation and presentation of

their proposals or negotiations as requested by a Youth Services

Agency.

M. The Office of Juvenile Affairs is authorized to contract

with the Oklahoma Association of Youth Services or another Oklahoma

nonprofit corporation whose membership consists solely of Youth

Services Agencies and of whom at least a majority of Youth Services

Agencies are members for evaluation, training and program materials

and for statewide office support, including rental of office space

and general technical assistance for Youth Services Agencies with

which the Office of Juvenile Affairs has contracts.