Bill Text: OR HB2272 | 2011 | Regular Session | Enrolled
Bill Title: Relating to court appointed special advocates.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2011-06-01 - Chapter 190, (2011 Laws): Effective date January 1, 2012. [HB2272 Detail]
Download: Oregon-2011-HB2272-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2272
Sponsored by Representative KOTEK; Representatives BARKER,
DEMBROW, GELSER (Presession filed.)
CHAPTER ................
AN ACT
Relating to court appointed special advocates; amending ORS
419A.170.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 419A.170 is amended to read:
419A.170. (1) In every case under ORS chapter 419B, the court
shall appoint a court appointed special advocate. The court
appointed special advocate is deemed a party in these
proceedings, and in the furtherance thereof, may be represented
by counsel, file pleadings and request hearings and may subpoena,
examine and cross-examine witnesses. If the court appointed
special advocate is represented by counsel, counsel shall be paid
from funds available to the Court Appointed Special Advocate
Volunteer Program. No funds from the Public Defense Services
Account or Judicial Department operating funds may be used for
this purpose.
(2) Subject to the direction of the court, the duties of the
court appointed special advocate are to:
(a) Investigate all relevant information about the case;
(b) Advocate for the child or ward, ensuring that all relevant
facts are brought before the court;
(c) Facilitate and negotiate to ensure that the court,
Department of Human Services, if applicable, and the child or
ward's attorney, if any, fulfill their obligations to the child
or ward in a timely fashion; and
(d) Monitor all court orders to ensure compliance and to bring
to the court's attention any change in circumstances that may
require a modification of the court's order.
(3) If a juvenile court does not have available to it a CASA
Volunteer Program, or a sufficient number of qualified CASA
volunteers, the court may, in fulfillment of the requirements of
this section, appoint a juvenile department employee or other
suitable person to represent the child or ward's interest in
court pursuant to ORS 419A.012 or 419B.195.
(4) Any person appointed as a court appointed special advocate
in any judicial proceeding on behalf of the child or ward is
immune from any liability for defamation or statements made in
good faith by that person, orally or in writing, in the course of
the case review or judicial proceeding.
(5) Any person appointed as a court appointed special advocate,
CASA Volunteer Program director, CASA Volunteer Program employee
or member of the board of directors or trustees of any CASA
Enrolled House Bill 2272 (HB 2272-A) Page 1
Volunteer Program is immune from any liability for acts or
omissions or errors in judgment made in good faith in the course
or scope of that person's duties or employment as part of a CASA
Volunteer Program.
(6) Whenever the court appoints a court appointed special
advocate or other person under subsections (1) to (3) of this
section to represent the child or ward, it may require a parent,
if able, or guardian of the estate, if the estate is able, to
pay, in whole or in part, the reasonable costs of CASA services
including reasonable attorney fees. The court's order of payment
is enforceable in the same manner as an order of support under
ORS 419B.408.
(7) Upon presentation of the order of appointment by the court
appointed special advocate, any agency, hospital, school
organization, division, office or department of the state,
doctor, nurse or other health care provider, psychologist,
psychiatrist, police department or mental health clinic shall
permit the court appointed special advocate to inspect and
copy { + , and may consult with the court appointed special
advocate regarding, + } any records relating to the child or ward
involved in the case, without the consent of the child, ward or
parents.
(8) All records and information acquired or reviewed by a court
appointed special advocate during the course of official duties
are deemed confidential under ORS 419A.255.
(9) For the purposes of a Child Abuse Prevention and Treatment
Act (42 U.S.C. 5101 et seq.) grant to this state under Public Law
No. 93-247, or any related state or federal legislation, a court
appointed special advocate or other person appointed pursuant to
subsections (1) to (3) of this section is deemed a guardian ad
litem to represent the interests of the child or ward in
proceedings before the court. { - Any provisions of this
section and ORS 419B.035 and 419B.045 that cause this state to
lose federal funding are null and void. - }
(10) There is created a Court Appointed Special Advocate (CASA)
Fund in the General Fund. The fund consists of all moneys
credited to it. Moneys in the Court Appointed Special Advocate
Fund are continuously appropriated to the State Commission on
Children and Families and may be used only to carry out the
purposes of this section. The commission may apply for and
receive funds from federal and private sources for carrying out
the provisions of this section.
(11) The state commission may expend moneys from the Court
Appointed Special Advocate Fund directly or indirectly through
contracts or grants for the creation, supervision and operation
of CASA Volunteer Programs statewide { - in accordance with the
provisions of ORS 419A.045 to 419A.048 - } . The commission may
also expend moneys from the Court Appointed Special Advocate Fund
to pay the reasonable costs of its administration of the Court
Appointed Special Advocate Fund. The commission shall adopt rules
for carrying out its responsibilities under this section
{ - and ORS 419B.035 and 419B.045 - } .
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Enrolled House Bill 2272 (HB 2272-A) Page 2
Passed by House March 29, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 17, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2272 (HB 2272-A) Page 3
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2272 (HB 2272-A) Page 4
