Bill Text: OR SB123 | 2013 | Regular Session | Enrolled
Bill Title: Relating to rights of foster children.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2013-07-03 - Effective date, January 1, 2014. [SB123 Detail]
Download: Oregon-2013-SB123-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 123
Sponsored by Senator SHIELDS, Representative KENY-GUYER; Senators
DINGFELDER, ROSENBAUM, Representative THOMPSON (at the request
of Children First for Oregon) (Presession filed.)
CHAPTER ................
AN ACT
Relating to rights of foster children.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 3 of this 2013 Act, '
foster child' means a child who is in the legal custody of the
Department of Human Services pursuant to the provisions of ORS
chapter 418, 419B or 419C and who is or was placed in substitute
care with a foster parent, a child-caring agency as defined in
ORS 418.205 or an independent residence facility established or
certified under ORS 418.475. + }
SECTION 2. { + It is the intent of the Legislative Assembly
that each foster child have certain essential rights, including
but not limited to the following:
(1) To have the ability to make oral and written complaints
about care, placement or services that are unsatisfactory or
inappropriate, and to be provided with information about a formal
process for making complaints without fear of retaliation,
harassment or punishment.
(2) To be notified of, and provided with transportation to,
court hearings and reviews by local citizen review boards
pertaining to the foster child's case when the matters to be
considered or decided upon at the hearings and reviews are
appropriate for the foster child, taking into account the age and
developmental stage of the foster child.
(3) To be provided with written contact information of specific
individuals whom the foster child may contact regarding
complaints, concerns or violations of rights, that is updated as
necessary and kept current.
(4) When a foster child is 14 years of age or older, to be
provided with written information within 60 days of the date of
any placement or any change in placement, regarding:
(a) How to establish a bank account in the foster child's name
as allowed under state law;
(b) How to acquire a driver license as allowed under state law;
(c) How to remain in foster care after reaching 18 years of
age;
(d) The availability of a tuition and fee waiver for a current
or former foster child under ORS 351.293;
(e) How to obtain a copy of the foster child's credit report,
if any;
Enrolled Senate Bill 123 (SB 123-A) Page 1
(f) How to obtain medical, dental, vision, mental health
services or other treatment, including services and treatments
available without parental consent under state law; and
(g) A transition toolkit, including a comprehensive transition
plan.
(5) With respect to a foster child's rights under the federal
and state constitutions, laws, including case law, rules and
regulations:
(a) To receive a document setting forth such rights that is age
and developmentally appropriate within 60 days of the date of any
placement or any change in placement;
(b) To have a document setting forth such rights that is age
and developmentally appropriate posted at the residences of all
foster parents, child-caring agencies and independent resident
facilities; and
(c) To have an annual review of such rights that is age and
developmentally appropriate while the foster child is in
substitute care.
(6) To be provided with current and updated contact information
for adults who are responsible for the care of the foster child
and who are involved in the foster child's case, including but
not limited to caseworkers, caseworker supervisors, attorneys,
foster youth advocates and supporters, court appointed special
advocates, local citizen review boards and employees of the
Department of Human Services that provide certification of foster
parents, child-caring agencies and independent resident
facilities.
(7) To have a hotline phone number that is available to the
foster child at all times for the purposes of enabling the foster
child to make complaints and assert grievances regarding the
foster child's care, safety or well-being. + }
SECTION 3. { + (1) The Department of Human Services shall
adopt rules establishing the Oregon Foster Children's Bill of
Rights, specifying the rights of foster children consistent with
the provisions of section 2 of this 2013 Act.
(2) The department shall periodically review the rules
establishing the Oregon Foster Children's Bill of Rights to
ensure that the bill of rights complies with the principles and
requirements set forth in section 2 of this 2013 Act. The
department shall promote the participation of current and former
foster children in the development of the rules constituting the
Oregon Foster Children's Bill of Rights and the development of
state foster care and child welfare policy. + }
SECTION 4. { + Sections 1 to 3 of this 2013 Act apply to
foster children in substitute care with a foster parent, a
child-caring agency or an independent residence facility on or
after the effective date of this 2013 Act. + }
----------
Enrolled Senate Bill 123 (SB 123-A) Page 2
Passed by Senate June 12, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 19, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 123 (SB 123-A) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 123 (SB 123-A) Page 4
