Bill Text: OR HB3086 | 2011 | Regular Session | Engrossed
Bill Title: Relating to children; appropriating money; declaring an emergency.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3086 Detail]
Download: Oregon-2011-HB3086-Engrossed.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2623
A-Engrossed
House Bill 3086
Ordered by the House May 19
Including House Amendments dated May 19
Sponsored by Representative KOTEK; Representative BOONE
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Requires preparation of minority racial and ethnic impact
statement by Department of Human Services when legislation may
affect minority racial and ethnic population receiving child
welfare services. - }
{ - Directs department to report, by percentage, race or
ethnicity of children in foster care system compared to race or
ethnicity of children in general population. - }
{ - Requires contractor or entity receiving funds from
department to use percentage of funds that equals percentage of
racial or ethnic population served out of total population served
for child welfare services provided to persons in that racial or
ethnic population. - }
{ + Establishes Early Learning Council for formulating and
directing unified system of early childhood services. Establishes
Early Learning Council Fund. Continuously appropriates moneys in
fund to council.
Establishes Task Force on Improving Educational Success for
At-Risk Youth for purpose of improving at-risk youth programs and
services. Sunsets task force on June 30, 2012.
Abolishes, on July 1, 2011, State Commission on Children and
Families. Transfers duties, powers and functions of commission to
Early Learning Council.
Repeals, on June 30, 2012, provisions establishing local
commissions on children and families.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to children; creating new provisions; amending ORS
131A.360, 131A.365, 181.715, 181.725, 182.515, 315.259,
329.150, 329.155, 329.156, 329.159, 329.175, 329.190, 329.195,
343.475, 343.495, 343.499, 343.507, 417.705, 417.710, 417.725,
417.727, 417.728, 417.747, 417.760, 417.765, 417.775, 417.780,
417.785, 417.787, 417.788, 417.790, 417.793, 417.795, 417.797,
417.799, 417.800, 417.801, 417.845, 417.850, 417.855, 417.857,
418.751, 418.975, 419A.170, 419B.005, 419C.453, 420.017,
423.565, 430.255, 430.257, 430.258, 430.420, 430.630, 431.385,
458.525, 609.652 and 657A.490; repealing ORS 417.730, 417.733,
417.735, 417.740, 417.745, 417.750, 417.760, 417.765, 417.770,
417.775, 417.777, 417.780, 417.785 and 417.787; appropriating
money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
EARLY LEARNING COUNCIL + }
{ +
(Generally) + }
SECTION 1. { + (1) The Early Learning Council is established
in the office of the Governor.
(2) The council shall formulate and direct a unified system of
early childhood services that is effectively coordinated with and
connected to the public education system with the long-term goal
of supporting the educational success of every child in Oregon.
(3)(a) The council is under the supervision and control of a
director, who is responsible for the performance of the duties,
functions and powers of the council.
(b) The Governor shall appoint the director, subject to
confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565.
(c) The director holds office at the pleasure of the Governor.
(4)(a) The council consists of nine members who are appointed
by the Governor, subject to confirmation by the Senate in the
manner prescribed in ORS 171.562 and 171.565. Members appointed
to the council must:
(A) Demonstrate leadership skills in their professional and
civic lives;
(B) To the greatest extent practicable, represent the
geographic, ethnic, gender, racial and economic diversity of this
state; and
(C) Collectively offer expertise, knowledge and experience in
early childhood development, care or education, family financial
stability, populations disproportionately burdened by poor
educational outcomes and outcome-based best practices.
(b) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on January 1 next following. A member
is eligible for reappointment. If there is a vacancy for any
cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.
(c) A member of the council is not entitled to compensation,
but in the discretion of the director, may be reimbursed from
funds available to the council for actual and necessary travel
and other expenses incurred by the member to attend meetings of
the council or of any of its task forces or subcommittees, in the
manner and amount provided in ORS 292.495.
(5)(a) The Governor shall select from the membership of the
council one of the council's members as chairperson and another
as vice chairperson.
(b) A majority of the members of the council constitutes a
quorum for the transaction of business.
(c) The council shall meet at least once every two months at a
place, day and hour determined by the council. + }
SECTION 2. { + The Early Learning Council shall submit a
report and may include recommendations for legislation to one or
more interim committees of the Legislative Assembly related to
education and human services on or before November 1, 2011. The
report and recommended legislation shall address the following:
(1) Merging, redesigning or improving the coordination and
alignment of existing programs and services to improve outcomes
for at-risk families and their children ages zero to five years.
(2) Establishing a system of programs that could be implemented
beginning on July 1, 2012, to accomplish the following goals:
(a) Ensuring the early identification of children and families
who are at risk based upon identified, critical indicators;
(b) Establishing and maintaining a system of family support
managers who:
(A) Coordinate support services provided to children and
families;
(B) Act as navigators and advocates for families receiving
support services; and
(C) Serve a geographic area that represents the enrollment area
of one or more elementary schools;
(c) Ensuring that contracts with service providers require
measured progress, establish goals and provide payment based on
the success of the provider in reaching the stated goals;
(d) Establishing kindergarten readiness assessments and early
learning benchmarks; and
(e) Collecting and evaluating data related to early childhood
services to ensure that stated goals are being achieved. + }
SECTION 3. { + The Early Learning Council Fund is established
in the State Treasury, separate and distinct from the General
Fund. The Early Learning Council Fund consists of all moneys
appropriated by the Legislative Assembly and any other moneys
deposited into the fund by law. Interest earned by the fund shall
be credited to the fund. Moneys in the fund are continuously
appropriated to the Early Learning Council to carry out the
duties, functions and powers of the council. + }
SECTION 4. { + (1) Sections 1 to 3 of this 2011 Act become
operative on July 1, 2011.
(2) The director of the Early Learning Council may be appointed
before the operative date specified in subsection (1) of this
section and may take any action before that date that is
necessary to enable the director to exercise, on and after the
operative date specified in subsection (1) of this section, the
duties, functions and powers of the director pursuant to sections
1 and 2 of this 2011 Act. + }
SECTION 5. { + (1) The Task Force on Improving Educational
Success for At-Risk Youth is established, consisting of 12
members appointed as follows:
(a) The President of the Senate shall appoint two members from
among members of the Senate, one from the majority party and one
from the minority party.
(b) The Speaker of the House of Representatives shall appoint
two members from among members of the House of Representatives,
one from the majority party and one from the minority party.
(c) The Governor shall appoint eight members with expertise
with at-risk youth and families and educational resources in this
state.
(2) The task force shall:
(a) Review the various funding sources currently available to
provide services to at-risk youth, including but not limited to
funding for juvenile crime prevention and youth investment
programs and services; and
(b) Make recommendations regarding:
(A) Improvement in the coordination of programs and services
for at-risk youth to align with the objective of improving
educational outcomes for school-age children and youth in this
state;
(B) The role of the local commissions on children and families
appointed under ORS 417.760 with respect to programs and services
for at-risk youth; and
(C) Proposals for distribution of moneys that are available for
programs and services for at-risk youth and their families and
for the form of entity responsible for distribution of these
moneys.
(3) A majority of the voting members of the task force
constitutes a quorum for the transaction of business.
(4) Official action by the task force requires the approval of
a majority of the voting members of the task force.
(5) The task force shall elect one of its members to serve as
chairperson.
(6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
(7) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the voting
members of the task force.
(8) The task force may adopt rules necessary for the operation
of the task force.
(9) The task force shall submit a report, and may include
recommendations for legislation, to an interim committee of the
Legislative Assembly related to education and human services on
or before November 1, 2011.
(10) The Early Learning Council shall provide staff support to
the task force.
(11) Members of the task force who are not members of the
Legislative Assembly are not entitled to compensation, but may be
reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
expenses incurred in performing functions of the task force shall
be paid out of funds appropriated to the Early Learning Council
for purposes of the task force.
(12) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties. + }
SECTION 6. { + Section 5 of this 2011 Act is repealed on
June + } { + 30, 2012. + }
SECTION 7. { + ORS 417.730, 417.733, 417.735, 417.740, 417.745
and 417.750 are repealed. + }
SECTION 8. { + The repeal of ORS 417.730, 417.733, 417.735,
417.740, 417.745 and 417.750 by section 7 of this 2011 Act
becomes operative on June 30, 2011. + }
{ +
(Conforming Amendments) + }
SECTION 9. ORS 329.156 is amended to read:
329.156. (1) The Department of Education, the Department of
Human Services and the { - State Commission on Children and
Families - } { + Early Learning Council + } shall support the
development and implementation of a network of community learning
centers across the state.
(2) Within available funding, the { - state commission - }
{ + council + }, in conjunction with local commissions on
children and families or other organizations that provide
training and technical assistance to schools or community
programs, shall provide training and technical assistance to
promote the development and implementation of community learning
centers. To the extent possible, the { - state commission - }
{ + council + } shall use voluntary organizations to provide the
training and technical assistance.
(3) If a community learning center is created by a school
district, the school district shall coordinate with the local
commission on children and families to ensure that the community
learning center is referenced in the local coordinated
comprehensive plan, implemented pursuant to ORS 417.775.
(4) Community learning centers created pursuant to this section
shall:
(a) Be located in or near a school or a cluster of schools;
(b) Involve parents in the care and education of their
children;
(c) Involve the local community in developing and overseeing
community learning center programs;
(d) Incorporate the principles of family support services
described in ORS 329.150 and 417.342;
(e) In partnership with the local school district board, create
or designate an advisory committee to offer guidance on program
development and implementation, with membership that is
representative of the diversity of community interests, including
representatives of businesses, schools, faith-based
organizations, social service and health care agencies, cultural
groups, recreation groups, municipal governments, community
colleges, libraries, child care providers, parents and youths;
(f) Conduct an assessment of strengths, needs and assets within
the community to be served by the community learning center that
identifies services being delivered in the community, defines and
clarifies services that are missing or overlapping and builds on
any existing community assessments; and
(g) Coordinate the community assessment with the local
commission on children and families.
(5) The Department of Human Services and the Department of
Education shall provide technical assistance to community
learning centers to develop policies ensuring that confidential
information is disclosed only in accordance with state and
federal laws.
SECTION 10. ORS 417.705 is amended to read:
417.705. As used in ORS 417.705 to 417.801:
(1) 'Community mobilization' means government and private
efforts to increase community awareness and facilitate the active
participation of citizens and organizations in projects and
issues that will have positive impact on the well-being of
children, families and communities.
(2) 'Efficiency' means a measurable indicator of the amount of
resources required to produce an output.
(3) 'High-level outcome' means the Oregon benchmarks adopted by
the Oregon Progress Board and any other measurable indicators of
societal well-being.
(4) 'Intermediate outcome' means a measurable indicator of the
effort by an agency or other entity toward achieving a high-level
outcome target.
(5) 'Local commission' means a local commission on children and
families established pursuant to ORS 417.760.
(6) 'Local coordinated comprehensive plan' or 'local plan '
means a local coordinated comprehensive plan for children and
families that is developed pursuant to ORS 417.775 through a
process coordinated and led by a local commission and that
consists of:
(a) A community plan that identifies the community's needs,
strengths, goals, priorities and strategies for:
(A) Creating positive outcomes for children and families;
(B) Community mobilization;
(C) Coordinating programs, strategies and services for children
who are 0 through 18 years of age and their families among
community groups, government agencies, private providers and
other parties; and
(D) Addressing the needs of target populations; and
(b) The service plans listed in ORS 417.775 (6) that designate
specific services for the target populations identified in the
community plan.
(7) 'Outcome' means the measure of a desired result.
(8) 'Output' means the amount or frequency of products or
services delivered by an agency or other entity.
(9) 'Performance measure' includes outcomes, outputs and
efficiencies that indicate how well an agency or other entity is
carrying out its mission and achieving its goals.
(10) 'Services for children and families' does not include
services provided by the Department of Education or school
districts that are related to curriculum or instructional
programs.
{ - (11) 'State commission' means the State Commission on
Children and Families established under ORS 417.730. - }
{ - (12) - } { + (11) + } 'Target' means a specific level
of achievement desired for a specific time, expressed
numerically.
SECTION 11. ORS 417.710 is amended to read:
417.710. Subject to the availability of funds
{ - therefor - } and the specific provisions of ORS 417.705 to
417.801 and 419A.170, it is the purpose of ORS 417.705 to 417.801
and 419A.170 to:
(1) Authorize the { - State Commission on Children and
Families - } { + Early Learning Council + } to set statewide
guidelines for the planning, coordination and delivery of
services for children and families in conjunction with other
state agencies and other planning bodies;
(2) Vest in local commissions on children and families the
authority to distribute state and federal funds allocated to the
local commissions to supervise services or to purchase services
for children and families in the local area and to supervise the
development of the local coordinated comprehensive plan;
(3) Provide a process for comprehensive local planning for
services for children and families to provide local services that
are consistent with statewide guidelines;
(4) Retain in the state the responsibility for funding of
services for children and families through a combination of
local, state and federal funding, including the leveraging of
public and private funds available under ORS 417.705 to 417.801
and 419A.170; and
(5) Retain state supervision of child protection and other
services that should be uniform throughout the state and that are
necessarily the state's responsibility.
SECTION 12. ORS 417.728 is amended to read:
417.728. (1) The { - State Commission on Children and
Families - } { + Early Learning Council + }, the Department of
Education, the Employment Department, the Department of Human
Services and the Oregon Health Authority shall lead a joint
effort with other state and local early childhood partners to
establish the policies necessary for a voluntary statewide early
childhood system that shall be incorporated into the local
coordinated comprehensive plan.
(2) The voluntary statewide early childhood system shall be
designed to achieve:
(a) The appropriate early childhood benchmarks jointly
identified by the { - State Commission on Children and
Families - } { + Early Learning Council + }, the Department of
Education, the Employment Department, the Department of Human
Services and the Oregon Health Authority, with input from early
childhood partners, as the appropriate benchmarks; and
(b) Any other early childhood benchmark or intermediate outcome
jointly identified by the { - State Commission on Children and
Families - } { + Early Learning Council + }, the Department of
Education, the Employment Department, the Department of Human
Services and the Oregon Health Authority, with input from early
childhood partners, as an appropriate benchmark or outcome.
(3) The voluntary statewide early childhood system shall
include the following components:
(a) A process to identify as early as possible children and
families who would benefit from early childhood services;
(b) A plan to support the identified needs of the child and
family that coordinates case management personnel and the
delivery of services to the child and family; and
(c) Services to support children who are zero through eight
years of age and their families who give their express written
consent, including:
(A) Screening, assessment and home visiting services pursuant
to ORS 417.795;
(B) Specialized or targeted home visiting services;
(C) Community-based services such as relief nurseries, family
support programs and parent education programs;
(D) High quality child care, as defined by the Commission for
Child Care;
(E) Preschool and other early education services;
(F) Health services for children and pregnant women;
(G) Mental health services;
(H) Alcohol and drug treatment programs that meet the standards
promulgated by the Oregon Health Authority pursuant to ORS
430.357;
(I) Developmental disability services; and
(J) Other state and local services.
(4) The { - State Commission on Children and Families - }
{ + Early Learning Council + }, the Department of Education,
the Employment Department, the Department of Human Services and
the Oregon Health Authority shall jointly:
(a) Consolidate administrative functions relating to the
voluntary statewide early childhood system, to the extent
practicable, including but not limited to training and technical
assistance, planning and budgeting. This paragraph does not apply
to the administrative functions of the Department of Education
relating to education programs;
(b) Adopt policies to establish training and technical
assistance programs to ensure that personnel have skills in
appropriate areas, including screening, family assessment,
competency-based home visiting skills, cultural and gender
differences and other areas as needed;
(c) Identify research-based age-appropriate and culturally and
gender appropriate screening and assessment tools that would be
used as appropriate in programs and services of the voluntary
statewide early childhood system;
(d) Develop a plan for the implementation of a common data
system for voluntary early childhood programs { - as provided
in section 7, chapter 831, Oregon Laws 2001 - } ;
(e) Coordinate existing and new early childhood programs to
provide a range of community-based supports;
(f) Establish a common set of quality assurance standards to
guide local implementation of all elements of the voluntary
statewide early childhood system, including voluntary universal
screening and assessment, home visiting, staffing, evaluation and
community-based services;
(g) Ensure that all plans for voluntary early childhood
services are coordinated and consistent with federal and state
law, including but not limited to plans for Oregon
prekindergarten programs, federal Head Start programs, early
childhood special education services, early intervention services
and public health services;
(h) Identify how the voluntary statewide early childhood system
for children who are zero through eight years of age will link
with systems of support for older children and their families;
(i) Contract for an evaluation of the outcomes of the voluntary
statewide early childhood system; and
(j) During January of each odd-numbered year, report to the
Governor and the Legislative Assembly on the voluntary statewide
early childhood system. The report shall include the evaluation
described in paragraph (i) of this subsection.
(5) The { - State Commission on Children and Families - }
{ + Early Learning Council + }, the State Board of Education,
the Employment Department, the Department of Human Services and
the Oregon Health Authority when adopting rules to administer
voluntary early childhood programs under their individual
authority shall adopt rules that are consistent with the
requirements of the voluntary statewide early childhood system
created under this section.
(6) Information gathered in conjunction with the voluntary
comprehensive screening and assessment of children and their
families may be used only for the following purposes:
(a) Providing services to children and families who give their
express written consent;
(b) Providing statistical data that are not personally
identifiable;
(c) Accomplishing other purposes for which the family has given
express written consent; and
(d) Meeting the requirements of mandatory state and federal
disclosure laws.
SECTION 13. ORS 417.760 is amended to read:
417.760. (1) The board of county commissioners of a county or
the boards of county commissioners of contiguous counties that
agree to appoint a regional commission:
(a) Shall appoint a chairperson and a minimum of eight members
to a local commission on children and families in the manner
described in ORS 417.765.
(b) Shall appoint a local staff director. The staff director
shall hire and supervise any other support staff necessary for
operation of the local commission. The staff director and staff
are subject to county personnel policies and other administration
policies and ordinances. The staff director shall be responsible
for all management functions of the local commission.
(c) Must approve the local coordinated comprehensive plan
before it may be submitted to the { - State Commission on
Children and Families - } { + Early Learning Council + }. If
the local plan has been revised or is amended, the revised or
amended local plan must be submitted to the board or boards for
approval before it is submitted to the { - state commission - }
{ + council + }.
(2) The board or boards of county commissioners must approve
any transfer of responsibility for a state service and its
funding to a local commission.
(3) Funds payable to implement local coordinated comprehensive
plans shall be paid to the county. The board or boards of county
commissioners are responsible for the expenditure of such funds
subject to county budget and fiscal operating procedures.
SECTION 14. ORS 417.765 is amended to read:
417.765. (1) { + (a) + } A majority of a local commission on
children and families, including the chairperson, shall be
laypersons { - as defined in ORS 417.730 (6)(b) - } .
Appointments to the local commission shall reflect the county's
or counties' diverse populations and shall reflect expertise
along the full spectrum of developmental stages of a child, from
the prenatal stage through 18 years of age. Members shall include
persons who have knowledge of the issues relating to children and
families in the affected communities, including education,
municipal government and the court system.
{ + (b) As used in this subsection, 'layperson' means a
person whose primary income is not derived from either offering
direct service to children and youth or being an administrator
for a program for children and youth. + }
(2) Members of the local commission shall be appointed to
four-year terms. The appointing board or boards of county
commissioners may appoint a member for additional terms or may
limit the number of terms that a member may serve.
SECTION 15. ORS 417.775 is amended to read:
417.775. (1) Under the direction of the board or boards of
county commissioners, and in conjunction with the guidelines set
by the { - State Commission on Children and Families - } { +
Early Learning Council + }, the local commission on children and
families shall promote wellness for children of all ages and
their families in the county or region, if the families have
given their express written consent, mobilize communities and
develop policy and oversee the implementation of a local
coordinated comprehensive plan described in this section. A local
commission shall:
(a) Inform and involve citizens;
(b) Identify and map the range of resources in the community;
(c) Plan, advocate and fund research-based initiatives for
children who are 18 years of age or younger, including prenatal,
and their families;
(d) Develop local policies, priorities, outcomes and targets;
(e) Prioritize activities identified in the local plan and
mobilize the community to take action;
(f) Prioritize the use of nondedicated resources;
(g) Monitor implementation of the local plan; and
(h) Monitor and evaluate the intermediate outcome targets
identified in the local plan that are reviewed under ORS 417.797,
and report on the progress in addressing priorities and achieving
outcomes.
(2)(a) A local commission may not provide direct services for
children and their families.
(b) Notwithstanding paragraph (a) of this subsection, a local
commission may provide direct services for children and their
families for a period not to exceed six months if:
(A)(i) The local commission determines that there is an
emergency;
(ii) A provider of services discontinues providing the services
in the county or region; or
(iii) No provider is able to offer the services in the county
or region; and
(B) The family has given its express written consent.
(3) The local commission shall lead and coordinate a process to
assess needs, strengths, goals, priorities and strategies, and
identify county or regional outcomes to be achieved. The process
shall be in conjunction with other coordinating bodies for
services for children and their families and shall include
representatives of education, mental health services,
developmental disability services, alcohol and drug treatment
programs, public health programs, local child care resource and
referral agencies, child care providers, law enforcement and
corrections agencies, private nonprofit entities, local
governments, faith-based organizations, businesses, families,
youth and the local community. The process shall include
populations representing the diversity of the county or region.
(4) Through the process described in subsection (3) of this
section, the local commission shall coordinate the development of
a single local plan for coordinating community programs,
strategies and services for children who are 18 years of age or
younger, including prenatal, and their families among community
groups, government agencies, private providers and other parties.
The local plan shall be a comprehensive area-wide service
delivery plan for all services to be provided for children and
their families in the county or region, if the families have
given their express written consent. The local plan shall be
designed to achieve state and county or regional outcomes based
on state policies and guidelines and to maintain a level of
services consistent with state and federal requirements.
(5) The local commission shall prepare the local coordinated
comprehensive plan and applications for funds to implement ORS
417.705 to 417.801 and 419A.170. The local plan, policies and
proposed service delivery systems shall be submitted to the board
or boards of county commissioners for approval prior to
submission to the { - state commission - } { + Early Learning
Council + }. The local plan shall be based on identifying the
most effective service delivery system allowing for the
continuation of current public and private programs where
appropriate. The local plan shall address needs, strengths and
assets of all children, their families and communities, including
those children and their families at highest risk.
(6) Subject to the availability of funds:
(a) The local coordinated comprehensive plan shall include:
(A) Identification of ways to connect all state and local
planning processes related to services for children and their
families into the local coordinated comprehensive plan to create
positive outcomes for children and their families; and
(B) Provisions for a continuum of social supports at the
community level for children from the prenatal stage through 18
years of age, and their families, that takes into account areas
of need, service overlap, asset building and community strengths
as outlined in ORS 417.305 (2).
(b) The local coordinated comprehensive plan shall reference:
(A) A voluntary local early childhood system plan created
{ - pursuant to - } { + under + } ORS 417.777;
(B) Local alcohol and other drug prevention and treatment plans
developed { - pursuant to - } { + under + } section 1,
chapter 856, Oregon Laws 2009;
(C) Local service plans, developed { - pursuant to - } { +
under + } ORS 430.630, for the delivery of mental health services
for children and their families;
(D) Local public health plans, developed { - pursuant to - }
{ + under + } ORS 431.385, that include public health issues
such as prenatal care, immunizations, well-child checkups,
tobacco use, nutrition, teen pregnancy, maternal and child health
care and suicide prevention; and
(E) The local high-risk juvenile crime prevention plan
developed { - pursuant to - } { + under + } ORS 417.855.
(7) The local coordinated comprehensive plan shall include a
list of staff positions budgeted to support the local commission
on children and families. The list shall indicate the status of
each position as a percentage of full-time equivalency dedicated
to the implementation of the local coordinated comprehensive
plan. The county board or boards of commissioners shall be
responsible for providing the level of staff support detailed in
the local plan and shall ensure that funds provided for these
purposes are used to carry out the local plan.
(8) The local coordinated comprehensive plan shall:
(a) Improve results by addressing the needs, strengths and
assets of all children, their families and communities in the
county or region, including those children and their families at
highest risk;
(b) Improve results by identifying the methods that work best
at the state and local levels to coordinate resources, reduce
paperwork and simplify processes, including data gathering and
planning;
(c) Be based on local, state and federal resources;
(d) Be based on proven practices of effectiveness for the
specific community;
(e) Contribute to a voluntary statewide system of formal and
informal services and supports that is provided at the community
level, that is integrated in local communities and that promotes
improved outcomes for Oregon's children;
(f) Be presented to the citizens in each county for public
review, comment and adjustment;
(g) Be designed to achieve outcomes based on
research-identified proven practices of effectiveness; and
(h) Address other issues, local needs or children and family
support areas as determined by the local commission
{ - pursuant to ORS 417.735 - } .
(9) In developing the local coordinated comprehensive plan, the
local commission shall:
(a) Secure active participation { - pursuant to - } { +
under + } subsection (3) of this section;
(b) Provide for community participation in the planning
process, including media notification;
(c) Conduct an assessment of the community that identifies
needs and strengths;
(d) Identify opportunities for service integration; and
(e) Develop a local coordinated comprehensive plan and budget
to meet the priority needs of a county or region.
(10) The { - state commission - } { + Early Learning
Council + } may disapprove the part of the local coordinated
comprehensive plan relating to the planning process required by
this section and the voluntary local early childhood system plan.
(11)(a) The { - state commission - } { + Early Learning
Council + } may disapprove the { + part of the local coordinated
comprehensive plan relating to the + } planning process and the
voluntary local early childhood system plan only upon making
specific findings that the local plan substantially fails to
conform to the principles, characteristics and values identified
in ORS 417.708 to 417.725
{ - and 417.735 (4) - } or that the local plan fails to
conform with the planning process requirements of this section.
The staff of the
{ - state commission - } { + council + } shall assist the
local commission in remedying the deficiencies in the planning
process or the voluntary local early childhood system plan. The
{ - state commission - } { + council + } shall set a date by
which any deficient portions of the planning process or the
voluntary local early childhood system plan must be revised and
resubmitted to the
{ - state commission - } { + council + } by the local
commission.
(b) The { - state commission - } { + council + } does not
have approval authority over the following service plans
referenced in the local coordinated comprehensive plan:
(A) The local alcohol and other drug prevention and treatment
plans developed pursuant to section 1, chapter 856, Oregon Laws
2009;
(B) Local service plans, developed pursuant to ORS 430.630,
relating to the delivery of mental health services;
(C) Local public health plans developed pursuant to ORS
431.385; and
(D) Local high-risk juvenile crime prevention plans developed
pursuant to ORS 417.855.
(12) The { - state commission - } { + Early Learning
Council + }, the Alcohol and Drug Policy Commission, the
Department of Human Services and the Juvenile Crime Prevention
Advisory Committee may jointly approve the community plan that is
part of the local coordinated comprehensive plan, but may not
jointly approve the service plans that are referenced in the
local plan. If the community plan is disapproved in whole, the
agencies shall identify with particularity the manner in which
the community plan is deficient and the service plans may be
implemented. If only part of the community plan is disapproved,
the remainder of the community plan and the service plans may be
implemented. The staff of the agencies shall assist the local
commission in remedying the disapproved portions of the community
plan. The agencies shall jointly set a date by which the
deficient portions of the community plan shall be revised and
resubmitted to the agencies by the local commission. In reviewing
the community plan, the agencies shall consider the impact of
state and local budget reductions on the community plan.
(13) If a local commission determines that the needs of the
county or region { - it - } { + the local commission + }
serves differ from those identified by the { - state
commission, it - } { + Early Learning Council, the local
commission + } may ask the { - state commission - } { +
council + } to waive specific requirements in its list of
children's support areas. The process for granting waivers shall
be developed by the { - state commission - } { + council + }
prior to the start of the review and approval process for the
local coordinated comprehensive plan
{ - described in ORS 417.735 (4) - } and shall be based
primarily on a determination of whether the absence of a waiver
would prevent the local commission from best meeting the needs of
the county or region.
(14) From time to time, the local commission may amend the
local coordinated comprehensive plan and applications for funds
to implement ORS 417.705 to 417.801 and 419A.170. The local
commission must amend the local plan to reflect current community
needs, strengths, goals, priorities and strategies. Amendments
become effective upon approval of the board or boards of county
commissioners and the { - state commission - } { + Early
Learning Council + }.
(15) The local commission shall keep an official record of any
amendments to the local coordinated comprehensive plan under
subsection (14) of this section.
(16) The local commission shall provide an opportunity for
public and private contractors to review the components of the
local coordinated comprehensive plan and any amendments to the
local plan, to receive notice of any component that the county or
counties intend to provide through a county agency and to comment
publicly to the board or boards of county commissioners if they
disagree with the proposed service delivery plan.
SECTION 16. ORS 417.775, as amended by section 17, chapter 856,
Oregon Laws 2009, is amended to read:
417.775. (1) Under the direction of the board or boards of
county commissioners, and in conjunction with the guidelines set
by the { - State Commission on Children and Families - } { +
Early Learning Council + }, the local commission on children and
families shall promote wellness for children of all ages and
their families in the county or region, if the families have
given their express written consent, mobilize communities and
develop policy and oversee the implementation of a local
coordinated comprehensive plan described in this section. A local
commission shall:
(a) Inform and involve citizens;
(b) Identify and map the range of resources in the community;
(c) Plan, advocate and fund research-based initiatives for
children who are 18 years of age or younger, including prenatal,
and their families;
(d) Develop local policies, priorities, outcomes and targets;
(e) Prioritize activities identified in the local plan and
mobilize the community to take action;
(f) Prioritize the use of nondedicated resources;
(g) Monitor implementation of the local plan; and
(h) Monitor and evaluate the intermediate outcome targets
identified in the local plan that are reviewed under ORS 417.797,
and report on the progress in addressing priorities and achieving
outcomes.
(2)(a) A local commission may not provide direct services for
children and their families.
(b) Notwithstanding paragraph (a) of this subsection, a local
commission may provide direct services for children and their
families for a period not to exceed six months if:
(A)(i) The local commission determines that there is an
emergency;
(ii) A provider of services discontinues providing the services
in the county or region; or
(iii) No provider is able to offer the services in the county
or region; and
(B) The family has given its express written consent.
(3) The local commission shall lead and coordinate a process to
assess needs, strengths, goals, priorities and strategies, and
identify county or regional outcomes to be achieved. The process
shall be in conjunction with other coordinating bodies for
services for children and their families and shall include
representatives of education, mental health services,
developmental disability services, alcohol and drug treatment
programs, public health programs, local child care resource and
referral agencies, child care providers, law enforcement and
corrections agencies, private nonprofit entities, local
governments, faith-based organizations, businesses, families,
youth and the local community. The process shall include
populations representing the diversity of the county or region.
(4) Through the process described in subsection (3) of this
section, the local commission shall coordinate the development of
a single local plan for coordinating community programs,
strategies and services for children who are 18 years of age or
younger, including prenatal, and their families among community
groups, government agencies, private providers and other parties.
The local plan shall be a comprehensive area-wide service
delivery plan for all services to be provided for children and
their families in the county or region, if the families have
given their express written consent. The local plan shall be
designed to achieve state and county or regional outcomes based
on state policies and guidelines and to maintain a level of
services consistent with state and federal requirements.
(5) The local commission shall prepare the local coordinated
comprehensive plan and applications for funds to implement ORS
417.705 to 417.801 and 419A.170. The local plan, policies and
proposed service delivery systems shall be submitted to the board
or boards of county commissioners for approval prior to
submission to the { - state commission - } { + Early Learning
Council + }. The local plan shall be based on identifying the
most effective service delivery system allowing for the
continuation of current public and private programs where
appropriate. The local plan shall address needs, strengths and
assets of all children, their families and communities, including
those children and their families at highest risk.
(6) Subject to the availability of funds:
(a) The local coordinated comprehensive plan shall include:
(A) Identification of ways to connect all state and local
planning processes related to services for children and their
families into the local coordinated comprehensive plan to create
positive outcomes for children and their families; and
(B) Provisions for a continuum of social supports at the
community level for children from the prenatal stage through 18
years of age, and their families, that takes into account areas
of need, service overlap, asset building and community strengths
as outlined in ORS 417.305 (2).
(b) The local coordinated comprehensive plan shall reference:
(A) A voluntary local early childhood system plan created
{ - pursuant to - } { + under + } ORS 417.777;
(B) Local alcohol and other drug prevention and treatment plans
developed { - pursuant to - } { + under + } section 1,
chapter 856, Oregon Laws 2009;
(C) Local service plans, developed { - pursuant to - } { +
under + } ORS 430.630, for the delivery of mental health services
for children and their families;
(D) Local public health plans, developed { - pursuant to - }
{ + under + } ORS 431.385, that include public health issues
such as prenatal care, immunizations, well-child checkups,
tobacco use, nutrition, teen pregnancy, maternal and child health
care and suicide prevention; and
(E) The local high-risk juvenile crime prevention plan
developed { - pursuant to - } { + under + } ORS 417.855.
(7) The local coordinated comprehensive plan shall include a
list of staff positions budgeted to support the local commission
on children and families. The list shall indicate the status of
each position as a percentage of full-time equivalency dedicated
to the implementation of the local coordinated comprehensive
plan. The county board or boards of commissioners shall be
responsible for providing the level of staff support detailed in
the local plan and shall ensure that funds provided for these
purposes are used to carry out the local plan.
(8) The local coordinated comprehensive plan shall:
(a) Improve results by addressing the needs, strengths and
assets of all children, their families and communities in the
county or region, including those children and their families at
highest risk;
(b) Improve results by identifying the methods that work best
at the state and local levels to coordinate resources, reduce
paperwork and simplify processes, including data gathering and
planning;
(c) Be based on local, state and federal resources;
(d) Be based on proven practices of effectiveness for the
specific community;
(e) Contribute to a voluntary statewide system of formal and
informal services and supports that is provided at the community
level, that is integrated in local communities and that promotes
improved outcomes for Oregon's children;
(f) Be presented to the citizens in each county for public
review, comment and adjustment;
(g) Be designed to achieve outcomes based on
research-identified proven practices of effectiveness; and
(h) Address other issues, local needs or children and family
support areas as determined by the local commission
{ - pursuant to ORS 417.735 - } .
(9) In developing the local coordinated comprehensive plan, the
local commission shall:
(a) Secure active participation { - pursuant to - } { +
under + } subsection (3) of this section;
(b) Provide for community participation in the planning
process, including media notification;
(c) Conduct an assessment of the community that identifies
needs and strengths;
(d) Identify opportunities for service integration; and
(e) Develop a local coordinated comprehensive plan and budget
to meet the priority needs of a county or region.
(10) The { - state commission - } { + Early Learning
Council + } may disapprove the part of the local coordinated
comprehensive plan relating to the planning process required by
this section and the voluntary local early childhood system plan.
(11)(a) The { - state commission - } { + Early Learning
Council + } may disapprove the { + part of the local coordinated
comprehensive plan relating to the + } planning process and the
voluntary local early childhood system plan only upon making
specific findings that the local plan substantially fails to
conform to the principles, characteristics and values identified
in ORS 417.708 to 417.725
{ - and 417.735 (4) - } or that the local plan fails to
conform with the planning process requirements of this section.
The staff of the
{ - state commission - } { + council + } shall assist the
local commission in remedying the deficiencies in the planning
process or the voluntary local early childhood system plan. The
{ - state commission - } { + council + } shall set a date by
which any deficient portions of the planning process or the
voluntary local early childhood system plan must be revised and
resubmitted to the
{ - state commission - } { + council + } by the local
commission.
(b) The { - state commission - } { + council + } does not
have approval authority over the following service plans
referenced in the local coordinated comprehensive plan:
(A) The local alcohol and other drug prevention and treatment
plans developed pursuant to section 1, chapter 856, Oregon Laws
2009;
(B) Local service plans, developed pursuant to ORS 430.630,
relating to the delivery of mental health services;
(C) Local public health plans developed pursuant to ORS
431.385; and
(D) Local high-risk juvenile crime prevention plans developed
pursuant to ORS 417.855.
(12) The { - state commission - } { + Early Learning
Council + }, the Department of Human Services and the Juvenile
Crime Prevention Advisory Committee may jointly approve the
community plan that is part of the local coordinated
comprehensive plan, but may not jointly approve the service plans
that are referenced in the local plan. If the community plan is
disapproved in whole, the agencies shall identify with
particularity the manner in which the community plan is deficient
and the service plans may be implemented. If only part of the
community plan is disapproved, the remainder of the community
plan and the service plans may be implemented. The staff of the
agencies shall assist the local commission in remedying the
disapproved portions of the community plan. The agencies shall
jointly set a date by which the deficient portions of the
community plan shall be revised and resubmitted to the agencies
by the local commission. In reviewing the community plan, the
agencies shall consider the impact of state and local budget
reductions on the community plan.
(13) If a local commission determines that the needs of the
county or region { - it - } { + the local commission + }
serves differ from those identified by the { - state
commission, it - } { + Early Learning Council, the local
commission + } may ask the { - state commission - } { +
council + } to waive specific requirements in its list of
children's support areas. The process for granting waivers shall
be developed by the { - state commission - } { + council + }
prior to the start of the review and approval process for the
local coordinated comprehensive plan
{ - described in ORS 417.735 (4) - } and shall be based
primarily on a determination of whether the absence of a waiver
would prevent the local commission from best meeting the needs of
the county or region.
(14) From time to time, the local commission may amend the
local coordinated comprehensive plan and applications for funds
to implement ORS 417.705 to 417.801 and 419A.170. The local
commission must amend the local plan to reflect current community
needs, strengths, goals, priorities and strategies. Amendments
become effective upon approval of the board or boards of county
commissioners and the { - state commission - } { + Early
Learning Council + }.
(15) The local commission shall keep an official record of any
amendments to the local coordinated comprehensive plan under
subsection (14) of this section.
(16) The local commission shall provide an opportunity for
public and private contractors to review the components of the
local coordinated comprehensive plan and any amendments to the
local plan, to receive notice of any component that the county or
counties intend to provide through a county agency and to comment
publicly to the board or boards of county commissioners if they
disagree with the proposed service delivery plan.
SECTION 17. ORS 417.780 is amended to read:
417.780. Funds received by a county or counties from the state
to implement ORS 417.705 to 417.801 and 419A.170 shall not be
used to replace county general fund moneys, other than federal or
state funds, currently being used by the county for existing
programs for children and youth. However, in case of severe
financial hardship demonstrated by a county or counties, the
{ - State Commission on Children and Families - } { + Early
Learning Council + } may waive the requirements of this section
in approving the local coordinated comprehensive plan.
SECTION 18. ORS 417.785 is amended to read:
417.785. A local commission is the recommended local structure
for implementation of ORS 417.705 to 417.801 and 419A.170.
However, a county or counties may elect to offer another
structure but shall submit only one local coordinated
comprehensive plan. The alternative structure must be approved by
the { - State Commission on Children and Families - } { +
Early Learning Council + }.
SECTION 19. ORS 417.787 is amended to read:
417.787. The { - State Commission on Children and
Families - } { + Early Learning Council + } shall:
(1) Determine when funds for services for children and families
not described in ORS 409.010 (2)(a) and 430.215 are to be
transferred to the local commission. If a local commission with
an approved local coordinated comprehensive plan requests a
transfer, the { - state commission - } { + council + } shall
determine whether funds can be transferred.
(2) Determine which, if any, services for children and families
that are not described in ORS 409.010 (2)(a) and 430.215 are not
to be transferred to local commissions but are to remain state
responsibilities.
SECTION 20. ORS 417.788 is amended to read:
417.788. (1) The { - State Commission on Children and
Families - } { + Early Learning Council + } shall support
relief nurseries statewide through local commissions on children
and families as funding becomes available. Local commissions may
establish relief nurseries for young children who are at risk and
their families. Local commissions in adjoining counties may
choose to establish regional relief nurseries. The relief
nurseries shall:
(a) Be consistent with the voluntary early childhood system
plan that is part of the local coordinated comprehensive plan;
and
(b) Involve the parents of children served by the relief
nurseries.
(2) Programs at the relief nurseries shall include:
(a) Therapeutic early childhood education programs; and
(b) Parent education, training and support.
(3) Each relief nursery that receives state funding shall have
financial support from the community that is at least equal to 25
percent of any state allocation.
SECTION 21. ORS 417.790 is amended to read:
417.790. The { - State Commission on Children and
Families - } { + Early Learning Council + } shall:
(1) Make grants to local commissions on children and families
to fund research-based services and initiatives to improve
outcomes for children, youth or families. The { - state
commission - } { + council + } shall assist counties in the
implementation of community services that are efficient,
accountable, coordinated and readily available. Grants for
services and initiatives to support children, youth or families
shall be used at the local level according to the county's local
coordinated comprehensive plan. These services shall be provided
in accordance with ORS 417.715 and 417.720.
(2) Make Great Start grants to local commissions on children
and families to fund community-based programs for children who
are newborn through eight years of age. A county or region shall
use Great Start grant funds to provide research-based early
childhood programs in community settings and to provide services
that have proven to be successful and that meet the needs of the
community as described in the county's local coordinated
comprehensive plan. These services shall be provided in
accordance with ORS 417.728.
SECTION 22. ORS 417.793 is amended to read:
417.793. The { - State Commission on Children and
Families - } { + Early Learning Council + } shall support
parents-as-teachers programs statewide through local commissions
on children and families as funding becomes available. If a local
commission offers a program, the program shall be part of a
comprehensive, research-based approach to parent education and
support. The program shall be consistent with the voluntary early
childhood system plan that is part of the local coordinated
comprehensive plan.
SECTION 23. ORS 417.795 is amended to read:
417.795. (1) The { - State Commission on Children and
Families established under ORS 417.730 - } { + Early Learning
Council + } shall establish Healthy Start Family Support Services
programs through contracts entered into by local commissions on
children and families in all counties of this state as funding
becomes available.
(2) These programs shall be nonstigmatizing, voluntary and
designed to achieve the appropriate early childhood benchmarks
and shall:
(a) Ensure that express written consent is obtained from the
family prior to any release of information that is protected by
federal or state law and before the family receives any services;
(b) Ensure that services are voluntary and that, if a family
chooses not to accept services or ends services, there are no
adverse consequences for those decisions;
(c) Offer a voluntary comprehensive screening and risk
assessment of all newly born children and their families;
(d) Ensure that the disclosure of information gathered in
conjunction with the voluntary comprehensive screening and risk
assessment of children and their families is limited
{ - pursuant to - } { + under + } ORS 417.728 (6) to the
following purposes:
(A) Providing services under the programs to children and
families who give their express written consent;
(B) Providing statistical data that are not personally
identifiable;
(C) Accomplishing other purposes for which the family has given
express written consent; and
(D) Meeting the requirements of mandatory state and federal
disclosure laws;
(e) Ensure that risk factors used in the risk assessment are
limited to those risk factors that have been shown by research to
be associated with poor outcomes for children and families;
(f) Identify, as early as possible, families that would benefit
most from the programs;
(g) Provide parenting education and support services, including
but not limited to community-based home visiting services and
primary health care services;
(h) Provide other supports, including but not limited to
referral to and linking of community and public services for
children and families such as mental health services, alcohol and
drug treatment programs that meet the standards promulgated by
the Oregon Health Authority { - pursuant to - } { + under + }
ORS 430.357, child care, food, housing and transportation;
(i) Coordinate services for children consistent with the
voluntary local early childhood system plan developed
{ - pursuant to - } { + under + } ORS 417.777;
(j) Provide follow-up services and supports from birth through
five years of age;
(k) Integrate data with any common data system for early
childhood programs implemented { - pursuant to section 7,
chapter 831, Oregon Laws 2001 - } ;
(L) Be included in a statewide independent evaluation to
document:
(A) Level of screening and assessment;
(B) Incidence of child abuse and neglect;
(C) Change in parenting skills; and
(D) Rate of child development;
(m) Be included in a statewide training program in the dynamics
of the skills needed to provide early childhood services, such as
assessment and home visiting; and
(n) Meet voluntary statewide and local early childhood system
quality assurance and quality improvement standards.
(3) The Healthy Start Family Support Services programs, local
health departments and other providers of prenatal and perinatal
services in counties, as part of the voluntary local early
childhood system, shall:
(a) Identify existing services and describe and prioritize
additional services necessary for a voluntary home visit system;
(b) Build on existing programs;
(c) Maximize the use of volunteers and other community
resources that support all families;
(d) Target, at a minimum, all first birth families in the
county; and
(e) Ensure that home visiting services provided by local health
departments for children and pregnant women support and are
coordinated with local Healthy Start Family Support Services
programs.
(4) Through a Healthy Start Family Support Services program, a
trained family support worker or nurse shall be assigned to each
family assessed as at risk that consents to receive services
through the worker or nurse. The worker or nurse shall conduct
home visits and assist the family in gaining access to needed
services.
(5) The services required by this section shall be provided by
hospitals, public or private entities or organizations, or any
combination thereof, capable of providing all or part of the
family risk assessment and the follow-up services. In granting a
contract, a local commission may utilize collaborative
contracting or requests for proposals and shall take into
consideration the most effective and consistent service delivery
system.
(6) The family risk assessment and follow-up services for
families at risk shall be provided by trained family support
workers or nurses organized in teams supervised by a manager and
including a family services coordinator who is available to
consult.
(7) Each Healthy Start Family Support Services program shall
adopt disciplinary procedures for family support workers, nurses
and other employees of the program. The procedures shall provide
appropriate disciplinary actions for family support workers,
nurses and other employees who violate federal or state law or
the policies of the program.
SECTION 24. ORS 417.797 is amended to read:
417.797. (1) Each state agency or other entity that is
responsible for a component of the local coordinated
comprehensive plan shall ensure that a biennial evaluation of the
plan component is conducted according to a consistent framework.
The program evaluation shall include:
(a) An identified goal and associated Oregon benchmarks;
(b) Proven practices of effectiveness and related Oregon data;
(c) A target population and a description of local service
systems that may be used in identifying, screening, recruiting
and serving the target population;
(d) Specific intermediate outcomes that measure progress in
addressing risk contributors or developing core supports and
competencies and specific tools and data sources to measure the
intermediate outcomes;
(e) Baseline data about the incidence of risk and asset and
support factors with the goal of measuring change over time,
including an assessment of local need;
(f) Measures of fiscal accountability;
(g) Identified roles and responsibilities for state agencies
and local partners and performance measures to evaluate
effectiveness in agreed-upon roles; and
(h) Measures of the change in coordination among service
providers and programs as a result of the local plan, including
increases in access to services.
(2) The { - State Commission on Children and Families - }
{ + Early Learning Council + } shall disclose the results of
the evaluations to any person upon request.
(3) The Oregon Progress Board shall conduct a review of the
intermediate { - outcome targets - } { + outcomes that
were + } achieved by local coordinated comprehensive plans
{ - in accordance with ORS 417.735 (3)(c) - } for the purpose
of identifying progress in achieving outcomes specified in local
plans. The Oregon Progress Board shall coordinate the review with
the evaluations conducted according to subsection (1) of this
section.
SECTION 25. ORS 417.799 is amended to read:
417.799. (1) The { - State Commission on Children and
Families - } { + Early Learning Council + } is responsible for
coordinating statewide planning for delivery of services to
runaway and homeless youth and their families.
(2) The { - State Commission on Children and Families - }
{ + Early Learning Council + } shall lead a process that will
allow the { - state commission - } { + council + }, the
Juvenile Crime Prevention Advisory Committee, the Employment
Department, the Department of Human Services, the Housing and
Community Services Department, the Department of Community
Colleges and Workforce Development, the Department of Education
and the Oregon Youth Authority to develop a comprehensive and
coordinated approach for services and support for runaway and
homeless youth and their families. The approach shall include an
assessment of service needs, the integration of existing services
and the identification and tracking of a statewide high-level
outcome related to runaway and homeless youth and their families.
(3) Through the process, the agencies and other persons and
entities involved in the process shall:
(a) Recommend funding mechanisms, financial resources and
policy changes that will support a continuum of services and that
will ensure integration of services among state agencies that
provide services to runaway and homeless youth and their
families;
(b) Identify means of service delivery that are culturally
competent, gender specific and evidence based and that reflect
differences in approaches for urban and rural runaway and
homeless youth and their families;
(c) Develop urban and rural demonstration sites to test
effective service delivery models for the urban and rural
populations;
(d) Recommend policies and services that specifically address
the needs and responsibilities of parents of runaway and homeless
youth;
(e) Review existing state laws regarding parental
accountability to determine recommended enforcement levels and
examine new strategies to encourage parents to be accountable for
positive development of their children; and
(f) Recommend policies that integrate a system of services for
runaway and homeless youth into the state's continuum of care for
children who are 0 through 18 years of age.
(4) In addition to the state agencies listed in subsection (2)
of this section, the { - state commission - } { + joint
process described in subsection (2) of this section + } shall
include representatives of youth, nonprofit organizations and
statewide coalitions related to runaway and homeless youth
services and supports { - in the joint process described in
subsection (2) of this section - } .
SECTION 26. ORS 417.800 is amended to read:
417.800. The { - State Commission on Children and
Families - } { + Early Learning Council + } shall coordinate
the collection of data, provision of technical assistance to
communities for assessing the needs of runaway and homeless
youth, and identification and promotion of the best practices for
service delivery, and shall recommend long term goals to identify
and address the underlying causes of homelessness of youth.
SECTION 27. ORS 417.801 is amended to read:
417.801. Local commissions on children and families shall
consider the needs, resources and support for runaway and
homeless youth and their families as part of the development of
local coordinated comprehensive plans. As part of this process,
local commissions shall provide information to the { - State
Commission on Children and Families - } { + Early Learning
Council + } on the barriers to local implementation of care and
services to runaway and homeless youth and their families that
result from existing state level policies.
SECTION 28. ORS 417.845 is amended to read:
417.845. (1) The Juvenile Crime Prevention Advisory Committee
is created within the { - State Commission on Children and
Families - } { + Early Learning Council + }.
(2) The committee shall have the following members:
(a) The Director of the Oregon Youth Authority or a designee of
the director;
(b) The { - staff - } director of the { - State Commission
on Children and Families - } { + Early Learning Council + } or
a designee of the { - staff - } director;
(c) The Director of the Oregon Health Authority or one or more
designees of the director, one of whom has expertise in treatment
and prevention of substance abuse;
(d) The executive director of the Oregon Criminal Justice
Commission or a designee of the executive director;
(e) The Superintendent of Public Instruction or a designee of
the superintendent;
(f) The Superintendent of State Police or a designee of the
superintendent;
(g) The Director of the Department of Corrections or a designee
of the director;
(h) One designee of the Governor;
(i) One member appointed by the President of the Senate, who
shall be a member of the Senate and who shall be a nonvoting,
advisory member;
(j) One member appointed by the Speaker of the House of
Representatives, who shall be a member of the House of
Representatives and who shall be a nonvoting, advisory member;
and
(k) One designee of the Chief Justice of the Supreme Court from
the Judicial Department who serves as a nonvoting member to
provide information and support the partnership role of the
courts in an effective comprehensive statewide approach to
high-risk youth and their families.
(3) In addition to the members listed in subsection (2) of this
section, the Governor shall appoint the following members who
shall be representative of the geographic and cultural diversity
of the state:
(a) To represent local public and private entities:
(A) A county commissioner;
(B) A local juvenile director;
(C) A director of a local commission on children and families;
(D) Two law enforcement officials;
(E) A county mental health director;
(F) An alcohol and drug abuse professional;
(G) A school superintendent;
(H) A private youth service provider; and
(I) An elected city official;
(b) A researcher;
(c) A citizen member; and
(d) Other members as determined by the Governor.
(4) Each member of the committee appointed by the Governor
under subsection (3) of this section shall serve a term of four
years. Members appointed by the Governor shall serve at the
pleasure of the Governor. A vacancy in the office of any member
appointed by the Governor under subsection (3) of this section
shall be filled by the Governor by appointment for the unexpired
term.
(5) The Governor shall select one of the members of the
committee as chairperson and one of its members as vice
chairperson.
(6) The committee shall meet at times, places and intervals
deemed advisable by a majority of the members.
(7) The { - State Commission on Children and Families - }
{ + Early Learning Council + } shall provide staff support to
the committee.
SECTION 29. ORS 417.855 is amended to read:
417.855. (1) Each board of county commissioners shall designate
an agency or organization to serve as the lead planning
organization to facilitate the creation of a partnership among
state and local public and private entities in each county. The
partnership shall include, but is not limited to, local
commissions on children and families, education representatives,
public health representatives, local alcohol and drug planning
committees, representatives of the court system, local mental
health planning committees, city or municipal representatives and
local public safety coordinating councils. The partnership shall
develop a local high-risk juvenile crime prevention plan that
shall be incorporated into the local coordinated comprehensive
plans created { - pursuant to - } { + under + } ORS 417.775.
(2) The local high-risk juvenile crime prevention plans shall
use services and activities to meet the needs of a targeted
population of youths who:
(a) Have more than one of the following risk factors:
(A) Antisocial behavior;
(B) Poor family functioning or poor family support;
(C) Failure in school;
(D) Substance abuse problems; or
(E) Negative peer association; and
(b) Are clearly demonstrating at-risk behaviors that have come
to the attention of government or community agencies, schools or
law enforcement and will lead to imminent or increased
involvement in the juvenile justice system.
(3)(a) The { - State Commission on Children and Families - }
{ + Early Learning Council + } shall allocate funds available
to support the local high-risk juvenile crime prevention plans to
counties based on the youth population age 18 or younger in those
counties.
(b) The { - state commission - } { + council + } shall
award a minimum grant to small counties. The minimum grant level
shall be determined by the Juvenile Crime Prevention Advisory
Committee through a public process and reviewed by the committee
biennially.
SECTION 30. ORS 417.857 is amended to read:
417.857. (1) Deschutes County may place greater emphasis on
early intervention and work with younger children than required
by the Juvenile Crime Prevention Advisory Committee if the county
has been granted a waiver { - pursuant to - } { + under + }
this section.
(2) The Juvenile Crime Prevention Advisory Committee shall
develop an objective process, review criteria and timetable for
consideration of a waiver request. A waiver granted under this
section applies to the requirements for basic services grants
described in ORS 417.850 (8) and high-risk juvenile crime
prevention resources managed by the { - State Commission on
Children and Families - } { + Early Learning Council + }. The
waiver shall be consistent with the goals of ORS 417.705 to
417.801, 417.850 and 417.855.
(3) Any documentation required for a waiver under this section
shall be obtained to the greatest extent possible from material
contained in the county's juvenile crime prevention plan and from
material as determined through biennial intergovernmental
agreements. The Juvenile Crime Prevention Advisory Committee may
ask the county to submit additional information regarding how the
county intends to use crime prevention funds under the waiver.
(4) The Juvenile Crime Prevention Advisory Committee shall
grant a waiver or continue a waiver based on criteria that
include:
(a) The rate of Oregon Youth Authority discretionary bed usage
compared to other counties;
(b) The county's rates of first-time juvenile offenders,
chronic juvenile offenders and juvenile recidivism compared to
other counties;
(c) The amount and allocation of expenditures from all funding
sources for juvenile crime prevention, including prevention and
early intervention strategies, and how the requested waiver
addresses the needs and priorities for the target population
described in ORS 417.855 and for the target population described
in the waiver;
(d) Inclusion of prevention or early intervention strategies in
the juvenile crime prevention plan;
(e) Investments in evidence-based crime prevention programs and
practices;
(f) Support of the local public safety coordinating council,
local commission on children and families and board of county
commissioners;
(g) Local integration practices including citizens, victims,
courts, law enforcement, business and schools;
(h) Identification of the risk factors for the target
population described in the waiver; and
(i) Changes in the risk factors for the target population
described in the waiver.
(5) The committee shall review and act on any request for a
waiver within 90 days after receipt of the request.
(6) The duration of a waiver granted under this section is four
years. Before the expiration of a waiver granted under this
section, the county may submit a request for another waiver.
SECTION 31. ORS 418.751 is amended to read:
418.751. (1) The Department of Human Services, as provided in
ORS 418.702, and the Department of Justice shall ensure that
training and education are provided for persons, other than law
enforcement officers, who are required to investigate allegations
of child abuse. The Department of Human Services and the
Department of Justice shall consult with the { - State
Commission on Children and Families - } { + Early Learning
Council + } in assessing the grant funding that might be
distributed to enhance and support training and continuing
education for the county multidisciplinary child abuse teams.
(2) The Department of Human Services and the Department of
Justice shall work with the Board on Public Safety Standards and
Training to ensure that the training that is offered to persons
under subsection (1) of this section and ORS 418.702 is
coordinated with the training given to law enforcement officers.
SECTION 32. ORS 418.975 is amended to read:
418.975. As used in ORS 418.975 to 418.985:
(1) 'Cultural competence' means accepting and respecting
diversity and differences in a continuous process of
self-assessment and reflection on one's personal and
organizational perceptions of the dynamics of culture.
(2) 'Family' includes, with respect to a youth:
(a) A biological or legal parent;
(b) A sibling;
(c) An individual related by blood, marriage or adoption;
(d) A foster parent;
(e) A legal guardian;
(f) A caregiver;
(g) An individual with a significant social relationship with
the youth; and
(h) Any person who provides natural, formal or informal support
to the youth that the youth identifies as important.
(3) 'Family-run organization' means a private nonprofit entity
organized for the purpose of serving families with a youth who
has a serious emotional disorder that:
(a) Has a governing board in which a majority of the members
are family members of a youth with a serious emotional disorder;
and
(b) Gives a preference to family members in hiring decisions
for the entity.
(4) 'Identified population' means youth who have or are at risk
of developing emotional, behavioral or substance use related
needs, and who are involved with two or more systems of care.
(5) 'Partner agency' includes the Department of Education,
Oregon Youth Authority, Department of Human Services, { - State
Commission on Children and Families - } { + Early Learning
Council + } and other appropriate agencies involved in the system
of care.
(6) 'Services and supports' means public, private and community
resources that assist youth in the achievement of positive
outcomes.
(7) 'System of care' means a coordinated network of services
including education, child welfare, public health, primary care,
pediatric care, juvenile justice, mental health treatment,
substance use treatment, developmental disability services and
any other services and supports to the identified population that
integrates care planning and management across multiple levels,
that is culturally and linguistically competent, that is designed
to build meaningful partnerships with families and youth in the
delivery and management of services and the development of policy
and that has a supportive policy and management infrastructure.
(8) 'Wraparound' means a definable, team-based planning process
involving a youth and the youth's family that results in a unique
set of community services and services and supports
individualized for that youth and family to achieve a set of
positive outcomes.
(9) 'Youth' means an individual 18 years of age or younger.
SECTION 33. 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 - } { + under + } 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
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
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 - } { + under + } 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 - } { + Early Learning Council + } and
may be used only to carry out the purposes of this section. The
{ - commission - } { + council + } may apply for and receive
funds from federal and private sources for carrying out the
provisions of this section.
(11) The { - state commission - } { + Early Learning
Council + } 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 - } { + council + } 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 - } { + council + } shall adopt rules for
carrying out its responsibilities under this section and ORS
419B.035 and 419B.045.
SECTION 34. ORS 419B.005, as amended by section 4, chapter 60,
Oregon Laws 2010, is amended to read:
419B.005. As used in ORS 419B.005 to 419B.050, unless the
context requires otherwise:
(1)(a) 'Abuse' means:
(A) Any assault, as defined in ORS chapter 163, of a child and
any physical injury to a child which has been caused by other
than accidental means, including any injury which appears to be
at variance with the explanation given of the injury.
(B) Any mental injury to a child, which shall include only
observable and substantial impairment of the child's mental or
psychological ability to function caused by cruelty to the child,
with due regard to the culture of the child.
(C) Rape of a child, which includes but is not limited to rape,
sodomy, unlawful sexual penetration and incest, as those acts are
described in ORS chapter 163.
(D) Sexual abuse, as described in ORS chapter 163.
(E) Sexual exploitation, including but not limited to:
(i) Contributing to the sexual delinquency of a minor, as
defined in ORS chapter 163, and any other conduct which allows,
employs, authorizes, permits, induces or encourages a child to
engage in the performing for people to observe or the
photographing, filming, tape recording or other exhibition which,
in whole or in part, depicts sexual conduct or contact, as
defined in ORS 167.002 or described in ORS 163.665 and 163.670,
sexual abuse involving a child or rape of a child, but not
including any conduct which is part of any investigation
conducted { - pursuant to - } { + under + } ORS 419B.020 or
which is designed to serve educational or other legitimate
purposes; and
(ii) Allowing, permitting, encouraging or hiring a child to
engage in prostitution, as defined in ORS chapter 167.
(F) Negligent treatment or maltreatment of a child, including
but not limited to the failure to provide adequate food,
clothing, shelter or medical care that is likely to endanger the
health or welfare of the child.
(G) Threatened harm to a child, which means subjecting a child
to a substantial risk of harm to the child's health or welfare.
(H) Buying or selling a person under 18 years of age as
described in ORS 163.537.
(I) Permitting a person under 18 years of age to enter or
remain in or upon premises where methamphetamines are being
manufactured.
(J) Unlawful exposure to a controlled substance, as defined in
ORS 475.005, that subjects a child to a substantial risk of harm
to the child's health or safety.
(b) 'Abuse' does not include reasonable discipline unless the
discipline results in one of the conditions described in
paragraph (a) of this subsection.
(2) 'Child' means an unmarried person who is under 18 years of
age.
(3) 'Public or private official' means:
(a) Physician, osteopathic physician, physician assistant,
naturopathic physician, podiatric physician and surgeon,
including any intern or resident.
(b) Dentist.
(c) School employee.
(d) Licensed practical nurse, registered nurse, nurse
practitioner, nurse's aide, home health aide or employee of an
in-home health service.
(e) Employee of the Department of Human Services, Oregon Health
Authority, { - State Commission on Children and Families, - }
Child Care Division of the Employment Department, the Oregon
Youth Authority, a county health department, a community mental
health program, a community developmental disabilities program, a
county juvenile department, a licensed child-caring agency or an
alcohol and drug treatment program.
(f) Peace officer.
(g) Psychologist.
(h) Member of the clergy.
(i) Regulated social worker.
(j) Optometrist.
(k) Chiropractor.
(L) Certified provider of foster care, or an employee thereof.
(m) Attorney.
(n) Licensed professional counselor.
(o) Licensed marriage and family therapist.
(p) Firefighter or emergency medical technician.
(q) A court appointed special advocate, as defined in ORS
419A.004.
(r) A child care provider registered or certified under ORS
657A.030 and 657A.250 to 657A.450.
(s) Member of the Legislative Assembly.
(t) Physical, speech or occupational therapist.
(u) Audiologist.
(v) Speech-language pathologist.
(w) Employee of the Teacher Standards and Practices Commission
directly involved in investigations or discipline by the
commission.
(x) Pharmacist.
(y) An operator of a preschool recorded program under ORS
657A.255.
(z) An operator of a school-age recorded program under ORS
657A.257.
(aa) Employee of a private agency or organization facilitating
the provision of respite services, as defined in ORS 418.205, for
parents pursuant { + + }to a properly executed power of
attorney under ORS 109.056.
(4) 'Law enforcement agency' means:
(a) Any city or municipal police department.
(b) Any county sheriff's office.
(c) The Oregon State Police.
(d) A county juvenile department.
SECTION 35. ORS 182.515 is amended to read:
182.515. As used in this section and ORS 182.525:
(1) 'Agency' means:
(a) The Department of Corrections;
(b) The Oregon Youth Authority; { + and + }
{ - (c) The State Commission on Children and Families;
and - }
{ - (d) - } { + (c) + } That part of the Oregon Health
Authority that deals with mental health and addiction issues.
(2) 'Cost effective' means that cost savings realized over a
reasonable period of time are greater than costs.
(3) 'Evidence-based program' means a program that:
(a) Incorporates significant and relevant practices based on
scientifically based research; and
(b) Is cost effective.
(4)(a) 'Program' means a treatment or intervention program or
service that is intended to:
(A) Reduce the propensity of a person to commit crimes;
(B) Improve the mental health of a person with the result of
reducing the likelihood that the person will commit a crime or
need emergency mental health services; or
(C) Reduce the propensity of a person who is less than 18 years
of age to engage in antisocial behavior with the result of
reducing the likelihood that the person will become a juvenile
offender.
(b) 'Program' does not include:
(A) An educational program or service that an agency is
required to provide to meet educational requirements imposed by
state law; or
(B) A program that provides basic medical services.
(5) 'Scientifically based research' means research that obtains
reliable and valid knowledge by:
(a) Employing systematic, empirical methods that draw on
observation or experiment;
(b) Involving rigorous data analyses that are adequate to test
the stated hypotheses and justify the general conclusions drawn;
and
(c) Relying on measurements or observational methods that
provide reliable and valid data across evaluators and observers,
across multiple measurements and observations and across studies
by the same or different investigators.
SECTION 36. ORS 329.155 is amended to read:
329.155. (1) State agencies that administer education programs
and other programs that provide services for children and
families shall:
(a) Evaluate the effectiveness of the program as related to the
principles stated in ORS 329.025 and 417.305 in the earliest
stages of the budget process, including components within
programs as appropriate;
(b) Articulate ways in which the program is an effective
component of agency and state priorities, goals and strategies,
such as those developed by the Oregon Progress Board, or to
relevant research and professional standards;
(c) Establish plans, interagency partnerships, implementation
practices and interactions with local coordinated comprehensive
plans;
(d) Utilize the information generated by applicable state
advisory groups { - and by the local planning process
administered by the State Commission on Children and Families - }
{ + + }in the program assessment of needs and decisions as to
service delivery in a given community; and
(e) Identify barriers to improving program capability to serve
the needs of young children and related recommendations, if any.
(2) The processes listed in subsection (1) of this section are
for the purpose of generating interagency coordination so as to
serve to the greatest extent possible young children and their
families in a comprehensive and developmentally appropriate
fashion. The information generated by these processes shall be
considered as a contribution to subsequent budget decisions by
state and local agencies, the Oregon Department of Administrative
Services and Legislative Assembly { - , and as a contribution to
the planning and coordination tasks of the State Commission on
Children and Families - } .
SECTION 37. ORS 329.159 is amended to read:
329.159. (1) Within available funding, the Department of
Education shall, in conjunction with the Department of Human
Services, { - the State Commission on Children and
Families, - } representatives of local commissions on children
and families { - , - } and the Juvenile Crime Prevention
Advisory Committee, explore the feasibility of conducting a
statewide evaluation of the effectiveness of community learning
centers. The evaluation may consider the following outcomes:
(a) Student attendance;
(b) Test scores;
(c) Parent involvement;
(d) Family mobility;
(e) Disciplinary referrals; and
(f) Referrals to the juvenile justice system.
(2) The Department of Education, in consultation with the
Department of Human Services, { - the State Commission on
Children and Families, - } representatives of local commissions
on children and families, and the Juvenile Crime Prevention
Advisory Committee, shall create a form for reporting and
monitoring information collected by community learning centers.
The form shall be designed to collect the following data:
(a) Unduplicated number of children and unduplicated number of
adults served in community learning center programs;
(b) Number of requests for information and other referrals;
(c) Level of parent or customer satisfaction;
(d) Increases in or reductions of collaboration among agencies
and departments;
(e) Increases in or reductions of the use of public facilities
for community and family programs; and
(f) Outcomes listed in subsection (1) of this section.
SECTION 38. ORS 329.190 is amended to read:
329.190. The Department of Education shall establish an
advisory committee composed of interested parents and
representatives from the { - State Commission on Children and
Families, - } health care profession, early childhood education
and development staff preparation programs, Oregon Head Start
Association, school districts, community colleges, Early
Intervention Council, child care and other organizations. The
purpose of the advisory committee is to provide advice to the
department on matters related to the Oregon prekindergarten
program.
SECTION 39. ORS 343.499 is amended to read:
343.499. (1)(a) There is created the State Interagency
Coordinating Council.
(b) The Governor shall appoint members of the council from a
list of eligible appointees provided by the council and agencies
described in subsection (2) of this section and shall ensure that
the membership of the council reasonably represents the
population of this state.
(c) The Governor shall designate one member of the council to
serve as the chairperson, or if the Governor chooses not to name
a chairperson, the council may elect one of its members to serve
as chairperson. However, any member of the council who represents
the Department of Education may not serve as the chairperson of
the council.
(2) The membership of the council shall be composed as follows:
(a) At least 20 percent of the council members shall be
parents, including minority parents, of preschool children with
disabilities or of children with disabilities who are 12 years of
age or younger who have knowledge of or experience with programs
for infants and toddlers with disabilities. At least one council
member shall be a parent of an infant or toddler with a
disability or of a child with a disability who is six years of
age or younger.
(b) At least 20 percent of the council members shall be public
or private providers of early intervention and early childhood
special education services.
(c) At least one council member shall be a member of the
Legislative Assembly.
(d) At least one council member shall be involved in personnel
preparation.
(e) At least one council member shall represent the Department
of Human Services.
(f) At least one council member shall represent the federal
Head Start program.
(g) At least one council member shall represent the Child Care
Division of the Employment Department.
(h) At least one council member shall represent the Department
of Education.
(i) At least one council member shall represent the Department
of Consumer and Business Services.
{ - (j) At least one council member shall represent the State
Commission on Children and Families. - }
{ - (k) - } { + (j) + } At least one council member shall
represent the Child Development and Rehabilitation Center of the
Oregon Health and Science University.
{ - (L) - } { + (k) + } At least one council member shall
be a member of the State Advisory Council for Special Education
created under ORS 343.287.
{ - (m) - } { + (L) + } At least one council member shall
be a representative designated by the state coordinator for
homeless education.
{ - (n) - } { + (m) + } At least one council member shall
represent the state child welfare agency responsible for foster
care.
{ - (o) - } { + (n) + } At least one council member shall
represent the state agency responsible for children's mental
health.
{ - (p) - } { + (o) + } At least one council member shall
be from the Oregon Health Authority.
{ - (q) - } { + (p) + } The council may include other
members appointed by the Governor, including but not limited to
one representative from the United States Bureau of Indian
Affairs or, where there is no school operated or funded by the
bureau, from the Indian Health Service or the tribe or tribal
council.
(3) An individual appointed to represent a state agency that is
involved in the provision of or payment for services for
preschool children with disabilities under subsection (2)(e) and
(h) to { - (k) - } { + (j) + } of this section shall have
sufficient authority to engage in making and implementing policy
on behalf of the agency.
(4) The State Interagency Coordinating Council shall:
(a) Advise the Superintendent of Public Instruction and the
State Board of Education on unmet needs in the early childhood
special education and early intervention programs for preschool
children with disabilities, review and comment publicly on any
rules proposed by the State Board of Education and the
distribution of funds for the programs and assist the state in
developing and reporting data on and evaluations of the programs
and services.
(b) Advise and assist the represented public agencies regarding
the services and programs they provide to preschool children with
disabilities and their families, including public comments on any
proposed rules affecting the target population and the
distribution of funds for such services, and assist each agency
in developing services that reflect the overall goals for the
target population as adopted by the council.
(c) Advise and assist the Department of Education and other
state agencies in the development and implementation of the
policies that constitute the statewide system.
(d) Assist all appropriate public agencies in achieving the
full participation, coordination and cooperation for
implementation of a statewide system that includes but is not
limited to:
(A) Seeking information from service providers, service
coordinators, parents and others about any federal, state or
local policies that impede timely service delivery; and
(B) Taking steps to ensure that any policy problems identified
under subparagraph (A) of this paragraph are resolved.
(e) Advise and assist the Department of Education in
identifying the sources of fiscal and other support for preschool
services, assigning financial responsibility to the appropriate
agencies and ensuring that the provisions of interagency
agreements under ORS 343.511 are carried out.
(f) Review and comment on each agency's services and policies
regarding services for preschool children with disabilities, or
preschool children who are at risk of developing disabling
conditions, and their families to the maximum extent possible to
assure cost-effective and efficient use of resources.
(g) To the extent appropriate, assist the Department of
Education in the resolution of disputes.
(h) Advise and assist the Department of Education in the
preparation of applications and amendments thereto.
(i) Advise and assist the Department of Education regarding the
transition of preschool children with disabilities.
(j) Prepare and submit an annual report to the Governor and to
the United States Secretary of Education on the status of early
intervention programs operated within this state.
(5) The council may advise appropriate agencies about
integration of services for preschool children with disabilities
and at-risk preschool children.
(6) Terms of office for council members shall be three years,
except that:
(a) The representative from the State Advisory Council for
Special Education shall serve a one-year term; and
(b) The representatives from other state agencies and the
representative from the Legislative Assembly shall serve
indefinite terms.
(7) Subject to approval by the Governor, the council may use
federal funds appropriated for this purpose and available to the
council to:
(a) Conduct hearings and forums;
(b) Reimburse nonagency council members { - pursuant to - }
{ + under + } ORS 292.495 for attending council meetings, for
performing council duties, and for necessary expenses, including
child care for parent members;
(c) Pay compensation to a council member if the member is not
employed or if the member must forfeit wages from other
employment when performing official council business;
(d) Hire staff; and
(e) Obtain the services of such professional, technical and
clerical personnel as may be necessary to carry out its
functions.
(8) Except as provided in subsection (7) of this section,
council members shall serve without compensation.
(9) The Department of Education shall provide clerical and
administrative support, including staff, to the council to carry
out the performance of the council's function as described in
this section.
(10) The council shall meet at least quarterly. The meetings
shall be announced publicly and, to the extent appropriate, be
open and accessible to the general public.
(11) No member of the council shall cast a vote on any matter
that would provide direct financial benefit to that member or
otherwise give the appearance of a conflict of interest under
state law.
SECTION 40. ORS 343.507 is amended to read:
343.507. (1) Each contractor for early childhood special
education and early intervention services shall assist in the
development of a local early intervention interagency advisory
council in every county within the contractor's service area.
(2) Each local early intervention interagency advisory council
shall include as members at least 20 percent parents of preschool
children with disabilities, 20 percent providers of early
childhood special education and early intervention services or
other services to preschool children with disabilities { - , a
representative of the State Commission on Children and
Families - } and representatives from public and private agencies
that serve young children and their families, including but not
limited to Head Start and Oregon prekindergartens, community
child care, the Child Care Division of the Employment Department,
local school districts, education service districts, Department
of Education regional special education programs, community
mental health and developmental disabilities programs, Department
of Human Services health programs, child welfare programs and
public assistance programs, Indian education agencies, migrant
programs serving young children and community colleges.
(3) Each local early intervention interagency advisory council
shall select its own chairperson and vice chairperson and fix the
duties of its officers.
(4) The department shall establish procedures pursuant to rules
of the State Board of Education for seeking and considering local
council advice regarding the selection of contractors,
coordination of services and procedures for local resolution of
disputes.
SECTION 41. ORS 430.257 is amended to read:
430.257. (1) The Legislative Assembly finds that alcohol and
other drug use, abuse and addiction:
(a) Pose significant social and public health problems for
Oregon;
(b) Impact the budgets and workloads of state and local
agencies that provide services for children and families and
contribute to incidences of crime, violence, accidents and
deaths, as well as reducing worker productivity; and
(c) Contribute substantially to the problems faced by a
significant number of persons served by the Department of Human
Services, Department of Corrections, Oregon Health Authority,
Oregon Youth Authority { - , - } { + and + }Juvenile Crime
Prevention Advisory Committee { - and State Commission on
Children and Families - } .
(2) The Department of Human Services, Department of
Corrections, Oregon Health Authority, Oregon Youth Authority
{ - , - } { + and + } Juvenile Crime Prevention Advisory
Committee { - and State Commission on Children and Families - }
shall contribute to the development of a comprehensive state plan
for alcohol and other drug prevention, intervention and treatment
services.
(3) The administrative heads of the Department of Education,
Department of Human Services, Oregon Health Authority, Oregon
State Police, Department of Transportation, Oregon Liquor Control
Commission { - , - } { + and + } Juvenile Crime Prevention
Advisory Committee
{ - and State Commission on Children and Families - } shall
each designate an individual, or in the instance of
multidivisional departments, individuals, to serve as liaison to
and assist the Governor's Council on Alcohol and Drug Abuse
Programs in meeting the policies, duties and responsibilities set
forth in this section and ORS 430.250, 430.255, 430.258, 430.259,
430.270, 430.290, 430.359, 430.368, 430.535 and 430.630.
SECTION 42. ORS 458.525 is amended to read:
458.525. (1) The Interagency Council on Hunger and Homelessness
is established. The Director of the Housing and Community
Services Department shall chair the council. In addition to the
director, the council shall consist of 15 members as follows:
(a) One member representing each of the following:
(A) The Housing and Community Services Department.
(B) The Department of Corrections.
(C) The Oregon Business Development Department.
{ - (D) The State Commission on Children and Families. - }
{ - (E) - } { + (D) + } The Department of Education.
{ - (F) - } { + (E) + } The State Department of
Agriculture.
{ - (G) - } { + (F) + } The Employment Department.
{ - (H) - } { + (G) + } The Department of Veterans'
Affairs.
{ - (I) - } { + (H) + } The Department of Transportation.
{ - (J) - } { + (I) + } The Oregon Youth Authority.
{ - (K) - } { + (J) + } The Department of Community
Colleges and Workforce Development.
{ - (L) - } { + (K) + } The Department of Justice.
{ - (M) - } { + (L) + } The Oregon Health Authority.
(b) Two members representing the Department of Human Services.
Of the two members representing that department:
(A) One shall have expertise on issues affecting services to
adults and families.
(B) One shall have expertise on issues affecting services to
seniors and to persons with disabilities.
(2) Each council member must be the administrative head of the
listed agency or an employee of that agency who is designated by
the administrative head and who has an agency policy-making role
affecting hunger, food programs, nutrition, homelessness or
related issues.
(3) The Hunger Relief Task Force shall adopt recommendations
and proposals as the task force deems appropriate. The council
shall be responsible for receiving the recommendations and
proposals adopted by the task force and the recommendations of
any state body relating to the issue of homelessness, and for
forwarding the recommendations and proposals to state agencies or
other public or private organizations for action that the council
deems appropriate:
(a) To ensure the coordination of state agency hunger relief
efforts and homelessness relief efforts;
(b) To ensure that food and nutrition programs, other hunger
relief efforts and homelessness relief efforts operate
efficiently and effectively;
(c) To monitor the utilization of federal hunger relief efforts
and homelessness relief efforts and provide outreach to expand
underutilized programs; and
(d) To encourage the coordination of state and local programs,
public and private antipoverty programs affecting food
distribution and programs for assisting the homeless.
(4) The Director of the Housing and Community Services
Department, in collaboration with the Director of Human Services,
shall convene council meetings at least quarterly.
(5) The Director of the Housing and Community Services
Department shall provide the council with staff support the
director deems appropriate, by using Housing and Community
Services Department employees or by contract. The director shall
also provide the council with supplies as the director deems
appropriate.
SECTION 43. ORS 609.652 is amended to read:
609.652. As used in ORS 609.654:
(1)(a) 'Aggravated animal abuse' means any animal abuse as
described in ORS 167.322.
(b) 'Aggravated animal abuse' does not include:
(A) Good animal husbandry, as defined in ORS 167.310; or
(B) Any exemption listed in ORS 167.335.
(2) 'Law enforcement agency' means:
(a) Any city or municipal police department.
(b) Any county sheriff's office.
(c) The Oregon State Police.
(d) A law enforcement division of a county or municipal animal
control agency that employs sworn officers.
(3) 'Public or private official' means:
(a) A physician, including any intern or resident.
(b) A dentist.
(c) A school employee.
(d) A licensed practical nurse or registered nurse.
(e) An employee of the Department of Human Services, Oregon
Health Authority, { - State Commission on Children and
Families, - } Child Care Division of the Employment Department,
the Oregon Youth Authority, a county health department, a
community mental health program, a community developmental
disabilities program, a county juvenile department, a licensed
child-caring agency or an alcohol and drug treatment program.
(f) A peace officer.
(g) A psychologist.
(h) A member of the clergy.
(i) A regulated social worker.
(j) An optometrist.
(k) A chiropractor.
(L) A certified provider of foster care, or an employee
thereof.
(m) An attorney.
(n) A naturopathic physician.
(o) A licensed professional counselor.
(p) A licensed marriage and family therapist.
(q) A firefighter or emergency medical technician.
(r) A court appointed special advocate, as defined in ORS
419A.004.
(s) A child care provider registered or certified under ORS
657A.030 and 657A.250 to 657A.450.
(t) A member of the Legislative Assembly.
SECTION 44. ORS 657A.490 is amended to read:
657A.490. If the Department of Education is able to find
adequate funding under ORS 657A.493, the department, in
partnership with organizations including, but not limited to, the
Institute on Violence and Destructive Behavior at the University
of Oregon, the Child Care Division of the Employment Department
{ - , the State Commission on Children and Families - } { +
+ }and the Oregon Center for Career Development in Childhood
Care and Education:
(1) Shall establish, in coordination with existing training
systems, a statewide child care provider training program that
will educate child care providers on:
(a) The importance of healthy brain development in the first
three years of a child's life.
(b) The identification of risk factors and behaviors that
indicate that a child:
(A) Needs special education or mental health treatment; or
(B) Is at risk of becoming involved in the criminal justice
system.
(c) Appropriate referrals for intervention for the behaviors
identified under paragraph (b) of this subsection.
(2) Shall establish an application process for child care
providers who wish to attend the program and may charge child
care providers a fee for attending the program.
(3) May adopt any rules necessary to implement this section.
SECTION 45. ORS 131A.360 is amended to read:
131A.360. (1) The provisions of this section apply only to a
forfeiting agency other than the state, and apply only to
forfeiture proceeds arising out of prohibited conduct as defined
by ORS 131A.005 (12)(a).
(2) If the forfeiting agency is not a county, the forfeiting
agency shall enter into an agreement, under ORS chapter 190, with
the county in which the property was seized to provide a portion
of the forfeiture proceeds to the county.
(3) After entry of a judgment of forfeiture, a forfeiting
agency shall first pay from the forfeiture proceeds the costs
incurred by seizing and forfeiting agencies in investigating and
prosecuting the case, including costs, disbursements and attorney
fees as defined in ORCP 68 A, special expenses such as the
provision of currency for undercover law enforcement operations,
the cost of disabling a hidden compartment in a motor vehicle and
the expenses of maintaining the seized property. The forfeiting
agency may not pay expenditures made in connection with the
ordinary maintenance and operation of a seizing or forfeiting
agency under this subsection.
(4) After payment of costs under subsection (3) of this
section, the forfeiting agency shall:
(a) Deduct an amount equal to five percent of the forfeiture
proceeds and deposit that amount in the Illegal Drug Cleanup Fund
established by ORS 475.495 for the purposes specified in ORS
475.495 (5) and (6);
(b) Deduct an amount equal to 2.5 percent of the forfeiture
proceeds and deposit that amount in the Asset Forfeiture
Oversight Account;
(c) Deduct an amount equal to 20 percent of the forfeiture
proceeds and deposit that amount in the Oregon Criminal Justice
Commission Account established under ORS 137.662 for disbursement
to drug court programs as described in ORS 3.450; and
(d) Deduct an amount equal to 10 percent of the forfeiture
proceeds and deposit that amount in the { - State Commission on
Children and Families Account established by ORS 417.733 - }
{ + Early Learning Council Fund established in section 3 of
this 2011 Act + } for disbursement to relief nurseries as
described in ORS 417.788.
(5) If the forfeiting agency has entered into an agreement with
a county under subsection (2) of this section, after paying costs
under subsection (3) of this section and making the deductions
required by subsection (4) of this section, the forfeiting agency
shall pay the county the amounts required by the agreement.
(6) After making all payments and deductions required by
subsections (3), (4) and (5) of this section, the forfeiting
agency may use the remaining forfeiture proceeds, including
amounts received by a county under subsection (5) of this section
or by a any other public body under an intergovernmental
agreement entered into under ORS 131A.355, only for:
(a) The purchase of equipment necessary for the enforcement of
laws relating to the unlawful delivery, distribution, manufacture
or possession of controlled substances;
(b) Currency for undercover law enforcement operations;
(c) Drug awareness and drug education programs offered in
middle schools and high schools;
(d) The expenses of a forfeiting agency in operating joint
narcotic operations with other forfeiting agencies pursuant to
the terms of an intergovernmental agreement, including paying for
rental space, utilities and office equipment; and
(e) Expenses of a district attorney in criminal prosecutions
for unlawful delivery, distribution, manufacture or possession of
controlled substances, as determined through intergovernmental
agreement between the forfeiting agency and the district
attorney.
(7) Notwithstanding subsection (6) of this section, growing
equipment and laboratory equipment seized by a forfeiting agency
that was used, or intended for use, in the manufacturing of
controlled substances may be donated to a public school,
community college or institution of higher education.
(8) A forfeiting agency shall sell as much property as may be
needed to make the distributions required by this section.
Distributions required under subsection (4) of this section must
be made once every three months and are due within 20 days of the
end of each quarter. No interest shall accrue on amounts that are
paid within the period specified by this subsection.
SECTION 46. ORS 131A.365 is amended to read:
131A.365. (1) The provisions of this section apply only when
the forfeiting agency is the state, and apply only to forfeiture
proceeds arising out of prohibited conduct as defined by ORS
131A.005 (12)(a).
(2) After entry of a judgment of forfeiture, a forfeiting
agency shall first pay from the forfeiture proceeds the costs
incurred by seizing and forfeiting agencies in investigating and
prosecuting the case, including costs, disbursements and attorney
fees as defined in ORCP 68 A, special expenses such as the
provision of currency for undercover law enforcement operations,
the cost of disabling a hidden compartment in a motor vehicle and
the expenses of maintaining the seized property. The forfeiting
agency may not pay expenditures made in connection with the
ordinary maintenance and operation of a seizing or forfeiting
agency under this subsection. Any amount paid to or retained by
the Department of Justice under this subsection shall be
deposited in the Criminal Justice Revolving Account in the State
Treasury. Any amount paid to or retained by the Oregon State
Police under this subsection shall be deposited in the State
Police Account.
(3) After payment of costs under subsection (2) of this
section, the forfeiting agency shall:
(a) Deduct an amount equal to 10 percent of the forfeiture
proceeds and deposit that amount in the Illegal Drug Cleanup Fund
established by ORS 475.495 for the purposes specified in ORS
475.495 (5) and (6);
(b) Deduct an amount equal to three percent of the forfeiture
proceeds, not to exceed $50,000 in a biennium, and deposit that
amount in the Asset Forfeiture Oversight Account;
(c) Deduct an amount equal to 20 percent of the forfeiture
proceeds and deposit that amount in the Oregon Criminal Justice
Commission Account established under ORS 137.662 for disbursement
to drug court programs as described in ORS 3.450; and
(d) Deduct an amount equal to 10 percent of the forfeiture
proceeds and deposit that amount in the { - State Commission on
Children and Families Account established by ORS 417.733 - }
{ + Early Learning Council Fund established in section 3 of
this 2011 Act + } for disbursement to relief nurseries as
described in ORS 417.788.
(4) If the forfeiting agency has entered into an
intergovernmental agreement with another public body under ORS
131A.355, or has entered into an agreement with any other law
enforcement agency of the state relating to distribution of
forfeiture proceeds, after paying costs under subsection (2) of
this section and making the deductions required by subsection (3)
of this section, the forfeiting agency shall pay an equitable
portion of the forfeiture proceeds to each agency participating
in the seizure or forfeiture as provided by the agreement.
(5) After making all payments and deductions required by
subsections (2), (3) and (4) of this section, the forfeiting
agency shall distribute the remaining forfeiture proceeds as
follows:
(a) If no law enforcement agency other than the Department of
Justice participated in the seizure or forfeiture, the remaining
forfeiture proceeds, and forfeiture proceeds received by the
Department of Justice under subsection (4) of this section, shall
be divided between the Criminal Justice Revolving Account and the
Special Crime and Forfeiture Account according to the following
schedule:
(A) One hundred percent of the first $200,000 accumulated shall
be deposited in the Criminal Justice Revolving Account.
(B) Seventy-five percent of the next $200,000 shall be
deposited in the Criminal Justice Revolving Account and the
balance in the Special Crime and Forfeiture Account.
(C) Fifty percent of the next $200,000 shall be deposited in
the Criminal Justice Revolving Account and the balance in the
Special Crime and Forfeiture Account.
(D) Twenty-five percent of the next $200,000 shall be deposited
in the Criminal Justice Revolving Account and the balance in the
Special Crime and Forfeiture Account.
(E) One hundred percent of all additional sums shall be
deposited in the Special Crime and Forfeiture Account.
(b) If no law enforcement agency other than the Department of
State Police participated in the seizure or forfeiture, the
remaining proceeds, and proceeds received by the Department of
State Police under subsection (4) of this section, shall be
divided between the State Police Account and the Special Crime
and Forfeiture Account according to the following schedule:
(A) One hundred percent of the first $600,000 accumulated shall
be deposited in the State Police Account.
(B) Seventy-five percent of the next $300,000 shall be
deposited in the State Police Account and the balance in the
Special Crime and Forfeiture Account.
(C) Fifty percent of the next $200,000 shall be deposited in
the State Police Account and the balance in the Special Crime and
Forfeiture Account.
(D) Twenty-five percent of the next $200,000 shall be deposited
in the State Police Account and the balance in the Special Crime
and Forfeiture Account.
(E) One hundred percent of all additional sums shall be
deposited in the Special Crime and Forfeiture Account.
(6) Forfeiture proceeds distributed under subsection (5) of
this section may be used only for:
(a) The purchase of equipment necessary for the enforcement of
laws relating to the unlawful delivery, distribution, manufacture
or possession of controlled substances;
(b) Currency for undercover law enforcement operations;
(c) Drug awareness and drug education programs offered in
middle schools and high schools; and
(d) The expenses of a forfeiting agency in operating joint
narcotic operations with other forfeiting agencies { - pursuant
to - } { + under + } the terms of an intergovernmental
agreement, including paying for rental space, utilities and
office equipment.
(7) A forfeiting agency shall sell as much property as may be
needed to make the distributions required by this section.
Distributions required under subsection (3) of this section must
be made once every three months and are due within 20 days of the
end of each quarter. No interest shall accrue on amounts that are
paid within the period specified by this subsection.
SECTION 47. ORS 181.715 is amended to read:
181.715. (1) The Department of State Police or another criminal
justice agency designated by the Director of the Oregon
Department of Administrative Services shall operate a Criminal
Justice Information Standards program that coordinates
information among state criminal justice agencies. The program
shall:
(a) Ensure that in developing new information systems, data can
be retrieved to support evaluation of criminal justice planning
and programs, including, but not limited to, the ability of the
programs to reduce future criminal conduct;
(b) Ensure that maximum effort is made for the safety of public
safety officers;
(c) Establish methods and standards for data interchange and
information access between criminal justice information systems,
in compliance with the technology standards and policies of the
Oregon Department of Administrative Services;
(d) Design and implement improved applications for exchange of
agency information; and
(e) Implement the capability to exchange images between
criminal justice agencies.
(2) The program shall develop a plan to accelerate data sharing
and information integration among criminal justice agencies. The
plan shall include, but is not limited to, priorities, timelines,
development costs, resources needed, the projected ongoing cost
of support, critical success factors and any known barriers to
accomplishing the plan. Representatives of criminal justice
agencies and public safety agencies, including but not limited to
local law enforcement agencies, courts of criminal jurisdiction,
district attorneys, city attorneys with criminal prosecutive
functions, public defender organizations established under ORS
chapter 151, community corrections directors, jail managers and
county juvenile departments, shall be invited to participate in
the planning process. The program shall present the plan to the
Director of the Oregon Department of Administrative Services no
later than May 30 of each even-numbered year for development of
the Governor's budget report. The program shall submit the plan
to the Joint Legislative Committee on Information Management and
Technology no later than December 31 of each even-numbered year.
(3) Notwithstanding the meaning given 'criminal justice agency'
in ORS 181.010, as used in this section and ORS 181.720, '
criminal justice agency' includes, but is not limited to:
(a) The Judicial Department;
(b) The Attorney General;
(c) The Department of Corrections;
(d) The Department of State Police;
(e) Any other state agency with law enforcement authority
designated by order of the Governor;
(f) The Department of Transportation;
(g) The State Board of Parole and Post-Prison Supervision;
(h) The Department of Public Safety Standards and Training;
(i) The State Department of Fish and Wildlife;
(j) The Oregon Liquor Control Commission; { + and + }
(k) The Oregon Youth Authority { + . + } { - ; and - }
{ - (L) The State Commission on Children and Families. - }
SECTION 48. ORS 181.725 is amended to read:
181.725. (1) There is established a Criminal Justice
Information Standards Advisory Board to advise the Department of
State Police or the criminal justice agency designated by the
Director of the Oregon Department of Administrative Services
under ORS 181.715 (1) about the department's or the agency's
duties under ORS 181.715. The board consists of the following
members:
(a) The State Court Administrator or the administrator's
designee;
(b) The Director of the Department of Corrections or the
director's designee;
(c) The Superintendent of State Police or the superintendent's
designee;
(d) The executive director of the Oregon Criminal Justice
Commission or the executive director's designee;
(e) The Director of Transportation or the director's designee;
(f) The chairperson of the State Board of Parole and
Post-Prison Supervision or the chairperson's designee;
(g) The Director of the Department of Public Safety Standards
and Training or the director's designee;
(h) A chief of police designated by the Oregon Association
Chiefs of Police;
(i) A sheriff designated by the Oregon Sheriffs' Association;
(j) A jail manager designated by the Oregon Jail Managers'
Association;
(k) A county juvenile department director designated by the
Oregon Juvenile Department Directors' Association;
(L) A community corrections agency director designated by the
Oregon Association of Community Corrections Directors;
(m) A district attorney designated by the Oregon District
Attorneys Association;
(n) The administrator of the Enterprise Information Strategy
and Policy Division of the Oregon Department of Administrative
Services or the administrator's designee;
(o) The Director of the Oregon Youth Authority or the
director's designee;
(p) The State Fish and Wildlife Director or the director's
designee; { + and + }
(q) The administrator of the Oregon Liquor Control Commission
or the administrator's designee { + . + } { - ; and - }
{ - (r) The staff director of the State Commission on
Children and Families or the staff director's designee. - }
(2) The board shall meet at such times and places as the board
deems necessary.
(3) The members of the board are not entitled to compensation
but are entitled to expenses as provided in ORS 292.495.
SECTION 49. ORS 419C.453 is amended to read:
419C.453. (1) Pursuant to a hearing, the juvenile court may
order a youth offender placed in a detention facility for a
specific period of time not to exceed eight days, in addition to
time already spent in the facility { - , unless a program plan
that is in conformance with standards established by the State
Commission on Children and Families has been filed with and
approved by the commission, in which case the youth offender may
be held in detention for a maximum of 30 days in addition to time
already spent in the facility, - } when:
(a) The youth offender has been found to be within the
jurisdiction of the juvenile court by reason of having committed
an act { - which - } { + that + } would be a crime if
committed by an adult; or
(b) The youth offender has been placed on formal probation for
an act { - which - } { + that + } would be a crime if
committed by an adult, and has been found to have violated a
condition of that probation.
(2) Pursuant to a hearing, the juvenile court may order a youth
offender who is at least 18 years of age placed in a jail or
other place where adults are detained. The placement must be for
a specific period of time and may not exceed eight days in
addition to time already spent in a juvenile detention facility
or jail. The court may order placement under this subsection
when:
(a) The youth offender has been found to be within the
jurisdiction of the juvenile court by reason of having committed
an act which would be a crime if committed by an adult; or
(b) The youth offender has been placed on formal probation for
an act { - which - } { + that + } would be a crime if
committed by an adult, and has been found to have violated a
condition of that probation.
(3) In order to detain a youth offender under subsection (2) of
this section, the court shall make case-specific findings that
placement in a jail or other place where adults are detained
meets the specific needs of the youth offender.
(4) As used in this section, 'adult' does not include a person
who is 18 years of age or older and is alleged to be, or has been
found to be, within the jurisdiction of the juvenile court under
ORS 419C.005.
{ +
(Transitional Provisions) + }
SECTION 50. { + (1) The State Commission on Children and
Families is abolished. On the operative date of this section, all
duties, functions and powers of the State Commission on Children
and Families are imposed upon, transferred to and vested in the
Early Learning Council established under section 1 of this 2011
Act.
(2) The staff director of the State Commission on Children and
Families shall:
(a) Deliver to the director of the Early Learning Council all
records and property within the jurisdiction of the staff
director and the state commission that relate to the duties,
functions and powers transferred to and assumed by the council
under the provisions of this section; and
(b) Transfer to the council those employees engaged primarily
in the exercise of the duties, functions and powers transferred
to and assumed by the council under the provisions of this
section.
(3) The director of the Early Learning Council shall take
possession of the records and property, and shall take charge of
the employees and employ them in the exercise of the duties,
functions and powers transferred by the provisions of this
section, without reduction of compensation but subject to change
or termination of employment or compensation as provided by law.
(4) The Governor shall resolve any dispute between the State
Commission on Children and Families and the Early Learning
Council relating to transfers of records, property and employees
under this section, and the Governor's decision is final. + }
SECTION 51. { + The State Commission on Children and Families
Account is abolished. Any moneys remaining in the account on June
30, 2011, that are unexpended, unobligated and not subject to any
conditions shall be transferred to the Early Learning Council
Fund established under section 3 of this 2011 Act. + }
SECTION 52. { + (1) The unexpended balances of amounts
authorized to be expended by the State Commission on Children and
Families for the biennium beginning July 1, 2009, from revenues
dedicated, continuously appropriated, appropriated or otherwise
made available for the purpose of administering and enforcing the
duties, functions and powers transferred by the provisions of
section 50 of this 2011 Act are transferred to and are available
for expenditure by the Early Learning Council for the biennium
beginning July 1, 2011, for the purpose of administering and
enforcing the duties, functions and powers transferred by the
provisions of section 50 of this 2011 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the state commission
remain applicable to expenditures by the council under this
section. + }
SECTION 53. { + The transfer of duties, functions and powers
to the Early Learning Council by the provisions of section 50 of
this 2011 Act does not affect any action, proceeding or
prosecution involving or with respect to such duties, functions
and powers begun before and pending at the time of the transfer,
except that the council is substituted for the State Commission
on Children and Families in the action, proceeding or
prosecution. + }
SECTION 54. { + (1) Nothing in the provisions of sections 1 to
4 of this 2011 Act, the amendments to statutes by sections 9 to
49 of this 2011 Act and the repeal of ORS 417.730, 417.733,
417.735, 417.740, 417.745 and 417.750 by section 7 of this 2011
Act, relieves a person of a liability, duty or obligation
accruing under or with respect to the duties, functions and
powers transferred by the provisions of section 50 of this 2011
Act. The Early Learning Council may undertake the collection or
enforcement of any such liability, duty or obligation.
(2) The rights and obligations of the State Commission on
Children and Families legally incurred under contracts, leases
and business transactions executed, entered into or begun before
the operative date of section 50 of this 2011 Act are transferred
to the council. For the purpose of succession to these rights and
obligations, the council is a continuation of the state
commission and not a new authority. + }
SECTION 55. { + Notwithstanding the transfer of duties,
functions and powers by the provisions of section 50 of this 2011
Act, the rules of the State Commission on Children and Families
in effect on the operative date of section 50 of this 2011 Act
continue in effect until superseded or repealed by rules of the
Early Learning Council. References in rules of the state
commission to the state commission or an officer or employee of
the state commission are considered to be references to the
council or an officer or employee of the council. + }
SECTION 56. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, reference is
made to the State Commission on Children and Families or an
officer or employee of the state commission, the reference is
considered to be a reference to the Early Learning Council or an
officer or employee of the council. + }
SECTION 57. { + For the purpose of harmonizing and clarifying
statutory law, the Legislative Counsel may substitute for words
designating the 'State Commission on Children and Families
Account,' wherever they occur in statutory law, words designating
the 'Early Learning Council Fund.' + }
{ +
(Operative Date) + }
SECTION 58. { + (1) Sections 50 to 57 of this 2011 Act and
amendments to statutes by sections 9 to 49 of this 2011 Act
become operative on July 1, 2011.
(2) The director of the Early Learning Council may take any
action before the operative date specified in subsection (1) of
this section that is necessary to enable the director to
exercise, on and after the operative date specified in subsection
(1) of this section, the duties, functions and powers of the
director under the provisions of section 50 of this 2011 Act. + }
{ +
LOCAL COMMISSIONS ON CHILDREN AND FAMILIES + }
SECTION 59. { + (1)(a) The local commissions on children and
families appointed under ORS 417.760 shall convene and
collaborate on a joint effort to make recommendations to the
Early Learning Council established under section 1 of this 2011
Act regarding how the work of the local commissions may be
aligned with the work of the council.
(b) Recommendations under paragraph (a) of this subsection must
include, but are not limited to, how the local commissions would:
(A) Lead efforts to engage communities in achieving the
council's goals and objectives; and
(B) Create local match requirements when required for state and
federal financial support.
(2) The local commissions shall submit their recommendations to
the council on or before September 15, 2011. + }
SECTION 60. { + ORS 417.760, 417.765, 417.770, 417.775,
417.777, 417.780, 417.785 and 417.787 are repealed. + }
SECTION 61. { + The repeal of ORS 417.760, 417.765, 417.770,
417.775, 417.777, 417.780, 417.785 and 417.787 by section 60 of
this 2011 Act becomes operative on June 30, 2012. + }
SECTION 62. ORS 315.259 is amended to read:
315.259. (1) The tax credits provided under this section may be
referred to as the First Break Program.
(2) As used in this section:
(a) 'Certificate' means a certificate issued by a
community-based organization under subsection (5) of this section
that certifies an individual as a qualified youth.
(b) 'Community-based organization' means an organization
designated by the Employment Department by rule as an
organization authorized to certify individuals as qualified
youths for purposes of this section, including all { - local
commissions on children and families, - } schools or class
groups offering alternative education programs under ORS 336.615
to 336.675, the federal Job Corps, school districts and the Youth
Employment and Empowerment Coalition.
(c) 'Employer' means an employer subject to taxation under ORS
chapter 316, 317 or 318.
(d) 'Hiring date' means the date on which the individual begins
work for the first employer after becoming a qualified youth.
(e) 'Qualified youth' or 'qualified youth employee' means an
individual who is 14 to 23 years of age on the hiring date and
who has received a certificate pursuant to subsection (5) of this
section from a community-based organization identifying the youth
as eligible to participate in the First Break Program according
to rules adopted by the Employment Department.
(f) 'Sustained employment' means employment:
(A)(i) Of at least six months during the 12-month period
following the hiring date; and
(ii) By three or fewer employers during the 12-month period
following the hiring date; or
(B) Of a full-time student for at least two months during the
period between May 1 and September 15.
(3)(a) A credit against the taxes otherwise due under ORS
chapter 316 (or, if the taxpayer is a corporation that is an
employer, under ORS chapter 317 or 318) is allowed to a resident
employer, based upon wages actually paid by the employer to a
qualified youth employee.
(b) The credit allowed under this subsection shall be allowed
for the tax year in which ends the 12-month period following the
hiring date of the qualified youth employee. Nothing in this
paragraph shall be interpreted to require the employer to employ
the qualified youth for the entire 12-month period in order to be
eligible for the credit under this subsection.
(4) The amount of the credit provided under subsection (3) of
this section shall be equal to the lesser of:
(a) $1,000;
(b) The amount of credit provided for in paragraph (a) of this
subsection that has not already been taken into account by a
previous employer of the qualified youth employee; or
(c) 50 percent of the wages paid to the qualified youth
employee during the 12-month period following the qualified youth
employee's hiring date.
(5)(a) The Employment Department shall authorize each
community-based organization to issue only a fixed number of
certificates, the amount to be determined by the Employment
Department, but not to exceed 1,500 certificates.
(b) Each certificate is valid only for a two-year period from
the date it is issued to a qualified youth by a community-based
organization.
(c) A community-based organization shall track the use of each
certificate issued by it to a qualified youth and, if the youth
is employed by more than one employer during the time the
certificate is issued, shall calculate the amount of maximum
credit allowable under subsection (4) of this section and shall
inform each subsequent employer of the maximum amount of credit
under this section to which the employer may be entitled.
(d) If the community-based organization determines that the
qualified youth is unable or unwilling to find or maintain
sustained employment, the community-based organization shall
cancel the certificate and inform the Employment Department of
the cancellation. Upon cancellation of a certificate, the
Employment Department may authorize any community-based
organization to issue a new certificate to a qualified youth,
provided that the total number of outstanding certificates and
unissued certificates authorized to be issued does not exceed
1,500.
(e) If the community-based organization determines that all of
the employers of a qualified youth are collectively entitled to
80 percent or more of the tax credit provided under this section
at the time the qualified youth becomes unemployed, the
community-based organization shall withdraw the certificate, and
any subsequent employer shall not be entitled to a credit under
this section for employment of the qualified youth. A certificate
that is withdrawn under this paragraph shall not be reissued.
(f) No certificate may be issued under this subsection on or
after January 1, 2005.
(6) Wages taken into account for purposes of subsection (4) of
this section shall not include any amount paid by the employer to
an individual for whom the employer receives federal funds for
on-the-job training of the individual.
(7) Only one employer at a time shall be eligible for the
credit provided under this section for the employment of a
qualified youth employee.
(8)(a) A nonresident shall be allowed the credit provided under
subsection (3) of this section computed in the same manner and
subject to the same limitations as the credit allowed to a
resident of this state. However, the credit shall be prorated
using the proportion provided in ORS 316.117.
(b) If a change in the taxable year of a taxpayer occurs as
described in ORS 314.085, or if the Department of Revenue
terminates the taxpayer's taxable year under ORS 314.440, the
credit allowed by subsection (3) of this section shall be
prorated or computed in a manner consistent with ORS 314.085.
(c) If a change in the status of a taxpayer from resident to
nonresident or from nonresident to resident occurs, the credit
allowed by subsection (3) of this section shall be determined in
a manner consistent with ORS 316.117.
(9) Any tax credit otherwise allowable under this section that
is not used by the taxpayer in a particular tax year may be
carried forward and offset against the taxpayer's tax liability
for the next succeeding tax year. Any credit remaining unused in
such next succeeding tax year may be carried forward and used in
the second succeeding tax year, and likewise any credit not used
in that second succeeding tax year may be carried forward and
used in the third succeeding tax year, and any credit not used in
that third succeeding tax year may be carried forward and used in
the fourth succeeding tax year, and any credit not used in that
fourth succeeding tax year may be carried forward and used in the
fifth succeeding tax year, but may not be carried forward for any
tax year thereafter.
(10)(a) The credit allowed under subsection (3) of this section
is in addition to any deduction otherwise allowable under ORS
chapter 316, 317 or 318.
(b) No other credit allowed under this chapter or ORS chapter
316, 317 or 318 shall be based upon all or any portion of amounts
upon which the credit allowed under subsection (3) of this
section is based.
(11) An employer receiving a credit under subsection (3) of
this section shall maintain records for each qualified youth
employee establishing that the employee was certified by a
community-based organization as a qualified youth on or before
the hiring date. The records shall be retained for a period of
four years after the tax year in which a credit provided under
subsection (3) of this section is taken.
(12) The Employment Department shall adopt rules that:
(a) Provide the criteria by which a youth may be identified as
eligible to participate in the First Break Program.
(b) Designate community-based organizations that may issue the
certificates described in subsection (5) of this section,
including all { - local commissions on children and
families, - } schools and class groups offering alternative
education programs, the federal Jobs Corps, school districts and
the Youth Employment and Empowerment Coalition.
SECTION 63. ORS 329.150 is amended to read:
329.150. A school district may provide services for children
and families at the school site, which may include a community
learning center. If the district chooses to provide services, the
design of educational and other services to children and their
families shall be the responsibility of the school district.
School districts may coordinate services with programs provided
through the { - local commissions on children and families - }
{ + Early Learning Council + } to provide services to families.
To ensure that all educational and other services for young
children and their families offer the maximum opportunity
possible for the personal success of the child and family
members, it is the policy of this state that the following
principles for serving children should be observed to the maximum
extent possible in all of its educational and other programs
serving young children and their families, including those
programs delivered at community learning centers:
(1) Services for young children and their families should be
located as close to the child and the family's community as
possible, encouraging community support and ownership of such
services;
(2) Services for young children and their families should
reflect the importance of integration and diversity to the
maximum extent possible in regard to characteristics such as
race, economics, gender, creed, capability and cultural
differences;
(3) Services should be designed to support and strengthen the
welfare of the child and the family and be planned in
consideration of the individual family's values;
(4) Services should be designed to ensure continuity of care
among care givers in a given day and among service plans from
year to year;
(5) Service systems should address the most urgent needs in a
timely manner including health, intervention and support
services; and
(6) Service providers and sources of support should be
coordinated and collaborative, to reflect the knowledge that no
single system can serve all of the needs of the child and family.
SECTION 64. ORS 329.156, as amended by section 9 of this 2011
Act, is amended to read:
329.156. (1) The Department of Education, the Department of
Human Services and the Early Learning Council shall support the
development and implementation of a network of community learning
centers across the state.
(2) Within available funding, the council, in conjunction with
{ - local commissions on children and families or - } other
organizations that provide training and technical assistance to
schools or community programs, shall provide training and
technical assistance to promote the development and
implementation of community learning centers. To the extent
possible, the council shall use voluntary organizations to
provide the training and technical assistance.
(3) If a community learning center is created by a school
district, the school district shall { - coordinate with the
local commission on children and families to - } ensure that the
community learning center is referenced in the local coordinated
comprehensive plan { - , implemented pursuant to ORS 417.775 - }
.
(4) Community learning centers created pursuant to this section
shall:
(a) Be located in or near a school or a cluster of schools;
(b) Involve parents in the care and education of their
children;
(c) Involve the local community in developing and overseeing
community learning center programs;
(d) Incorporate the principles of family support services
described in ORS 329.150 and 417.342;
(e) In partnership with the local school district board, create
or designate an advisory committee to offer guidance on program
development and implementation, with membership that is
representative of the diversity of community interests, including
representatives of businesses, schools, faith-based
organizations, social service and health care agencies, cultural
groups, recreation groups, municipal governments, community
colleges, libraries, child care providers, parents and
youths; { + and + }
(f) Conduct an assessment of strengths, needs and assets within
the community to be served by the community learning center that
identifies services being delivered in the community, defines and
clarifies services that are missing or overlapping and builds on
any existing community assessments { + . + } { - ; and - }
{ - (g) Coordinate the community assessment with the local
commission on children and families. - }
(5) The Department of Human Services and the Department of
Education shall provide technical assistance to community
learning centers to develop policies ensuring that confidential
information is disclosed only in accordance with state and
federal laws.
SECTION 65. ORS 329.159, as amended by section 37 of this 2011
Act, is amended to read:
329.159. (1) Within available funding, the Department of
Education shall, in conjunction with the Department of Human
Services { - , representatives of local commissions on children
and families, - } and the Juvenile Crime Prevention Advisory
Committee, explore the feasibility of conducting a statewide
evaluation of the effectiveness of community learning centers.
The evaluation may consider the following outcomes:
(a) Student attendance;
(b) Test scores;
(c) Parent involvement;
(d) Family mobility;
(e) Disciplinary referrals; and
(f) Referrals to the juvenile justice system.
(2) The Department of Education, in consultation with the
Department of Human Services { - , representatives of local
commissions on children and families, - } and the Juvenile Crime
Prevention Advisory Committee, shall create a form for reporting
and monitoring information collected by community learning
centers. The form shall be designed to collect the following
data:
(a) Unduplicated number of children and unduplicated number of
adults served in community learning center programs;
(b) Number of requests for information and other referrals;
(c) Level of parent or customer satisfaction;
(d) Increases in or reductions of collaboration among agencies
and departments;
(e) Increases in or reductions of the use of public facilities
for community and family programs; and
(f) Outcomes listed in subsection (1) of this section.
SECTION 66. ORS 329.175 is amended to read:
329.175. (1) The Department of Education shall administer the
Oregon prekindergarten program to assist eligible children with
comprehensive services including educational, social, health and
nutritional development to enhance their chances for success in
school and life. Eligible children, upon request of parent or
guardian, shall be admitted to approved Oregon prekindergartens
to the extent that the Legislative Assembly provides funds.
(2) Nonsectarian organizations including school districts and
Head Start grantees are eligible to compete for funds to
establish an Oregon prekindergarten. Grant recipients shall serve
children eligible according to federal Head Start guidelines and
other children who meet criteria of eligibility adopted by rule
by the State Board of Education. However, not more than 20
percent of the total enrollment shall consist of children who do
not meet Head Start guidelines. School districts may contract
with other governmental or nongovernmental nonsectarian
organizations to conduct a portion of the program. Funds
appropriated for the program shall be used to establish and
maintain new or expanded Oregon prekindergartens and shall not be
used to supplant federally supported Head Start programs. Oregon
prekindergartens also may accept gifts, grants and other funds
for the purposes of this section.
(3) Applicants shall identify how they will serve the target
population and provide all components as specified in the federal
Head Start performance standards and guidelines, including staff
qualifications and training, facilities and equipment,
transportation and fiscal management.
(4) Oregon prekindergartens shall coordinate with each other
and with federal Head Start programs to ensure efficient delivery
of services and prevent overlap. Oregon prekindergartens shall
also work with local organizations such as local education
associations serving young children and make the maximum use of
local resources.
(5) Oregon prekindergartens shall:
(a) Participate in { - the - } { + a + } planning process
{ - under ORS 417.777 - } to develop a voluntary local early
childhood system plan; and
(b) Coordinate services with other services that are
coordinated through the plan. The coordination of services shall
be consistent with federal and state law.
SECTION 67. ORS 329.195 is amended to read:
329.195. (1) The State Board of Education shall adopt rules for
the establishment of the Oregon prekindergarten program. Rules
specifically shall require the Oregon prekindergarten program to
provide for parental involvement and performance standards at a
level no less than that provided under the federal Head Start
program guidelines. Federal Head Start program guidelines shall
be considered as guidelines for the Oregon prekindergarten
program.
(2) In developing rules for the Oregon prekindergarten program,
the board shall consult with the advisory committee established
under ORS 329.190 and shall consider such factors as coordination
with existing programs, the preparation necessary for
instructors, qualifications of instructors, training of staff,
adequate space and equipment and special transportation needs.
(3) The Department of Education shall review applications for
the Oregon prekindergarten program received and designate those
programs as eligible to commence operation by July 1 of each
year. When approving grant applications, to the extent
practicable, the board shall distribute funds regionally based on
percentages of unmet needs as identified in the voluntary local
early childhood system plans that are part of the local
coordinated comprehensive plans developed { - under ORS
417.775 - } for the county or region.
SECTION 68. ORS 343.475 is amended to read:
343.475. (1) In accordance with rules adopted by the State
Board of Education, the Superintendent of Public Instruction
shall develop and administer a statewide, comprehensive,
coordinated, multidisciplinary, interagency program of early
childhood special education and early intervention services for
preschool children with disabilities and may:
(a) Establish and designate service areas throughout the state
for the delivery of early childhood special education and early
intervention services that shall meet state and federal
guidelines and be delivered to all eligible children.
(b) Designate in each service area a primary contractor that
shall be responsible for the administration and coordination of
early childhood special education and early intervention services
to all eligible preschool children and their families residing in
the service area.
(2) Early childhood special education and early intervention
services shall:
(a) Participate in { - the - } { + a + } planning process
{ - under ORS 417.777 - } to develop a voluntary local early
childhood system plan; and
(b) Coordinate services with other services that are
coordinated through the plan. The coordination of services shall
be consistent with federal and state law.
(3) Preschool children with disabilities shall be considered
residents of the service area where the children are currently
living, including children living in public or private
residential programs, hospitals and similar facilities.
(4) In addition to any other remedy or sanction that may be
available, the Superintendent of Public Instruction may withhold
funds and terminate the contract of any contractor that fails to
comply with any provisions of the contract.
SECTION 69. ORS 343.495 is amended to read:
343.495. (1) If no contractor is designated for a service area,
and no qualified county agency is available to manage the
necessary services or to subcontract the services, the Department
of Education may provide early childhood special education and
early intervention services in a local, county or service area.
(2) Contractors designated under this section shall:
(a) Participate in { - the - } { + a + } planning process
{ - under ORS 417.777 - } to develop a voluntary local early
childhood system plan; and
(b) Coordinate services with other services that are
coordinated through the plan. The coordination of services shall
be consistent with federal and state law.
(3) Programs operated by the Department of Education must
comply with rules adopted by the State Board of Education for
early childhood special education and early intervention
contractors.
SECTION 70. ORS 417.705, as amended by section 10 of this 2011
Act, is amended to read:
417.705. As used in ORS 417.705 to 417.801:
(1) 'Community mobilization' means government and private
efforts to increase community awareness and facilitate the active
participation of citizens and organizations in projects and
issues that will have positive impact on the well-being of
children, families and communities.
(2) 'Efficiency' means a measurable indicator of the amount of
resources required to produce an output.
(3) 'High-level outcome' means the Oregon benchmarks adopted by
the Oregon Progress Board and any other measurable indicators of
societal well-being.
(4) 'Intermediate outcome' means a measurable indicator of the
effort by an agency or other entity toward achieving a high-level
outcome target.
{ - (5) 'Local commission' means a local commission on
children and families established pursuant to ORS 417.760. - }
{ - (6) - } { + (5) + } 'Local coordinated comprehensive
plan' or 'local plan' means a local coordinated comprehensive
plan for children and families that { - is developed pursuant
to ORS 417.775 through a process coordinated and led by a local
commission and that - } consists of:
(a) A community plan that identifies the community's needs,
strengths, goals, priorities and strategies for:
(A) Creating positive outcomes for children and families;
(B) Community mobilization;
(C) Coordinating programs, strategies and services for children
who are 0 through 18 years of age and their families among
community groups, government agencies, private providers and
other parties; and
(D) Addressing the needs of target populations; and
(b) The service plans { - listed in ORS 417.775 (6) - } that
designate specific services for the target populations identified
in the community plan.
{ - (7) - } { + (6) + } 'Outcome' means the measure of a
desired result.
{ - (8) - } { + (7) + } 'Output' means the amount or
frequency of products or services delivered by an agency or other
entity.
{ - (9) - } { + (8) + } 'Performance measure' includes
outcomes, outputs and efficiencies that indicate how well an
agency or other entity is carrying out its mission and achieving
its goals.
{ - (10) - } { + (9) + } 'Services for children and
families' does not include services provided by the Department of
Education or school districts that are related to curriculum or
instructional programs.
{ - (11) - } { + (10) + } 'Target' means a specific level
of achievement desired for a specific time, expressed
numerically.
SECTION 71. ORS 417.710, as amended by section 11 of this 2011
Act, is amended to read:
417.710. Subject to the availability of funds and the specific
provisions of ORS 417.705 to 417.801 and 419A.170, it is the
purpose of ORS 417.705 to 417.801 and 419A.170 to:
(1) Authorize the Early Learning Council to set statewide
guidelines for the planning, coordination and delivery of
services for children and families in conjunction with other
state agencies and other planning bodies;
(2) Vest in { - local commissions on children and
families - } { + the council + } the authority to distribute
state and federal funds allocated to { - the local commissions
to supervise services or to purchase - } { + provide + }
services for children and families in the local area and to
supervise the development of the local coordinated comprehensive
plan;
(3) Provide a process for comprehensive local planning for
services for children and families to provide local services that
are consistent with statewide guidelines;
(4) Retain in the state the responsibility for funding of
services for children and families through a combination of
local, state and federal funding, including the leveraging of
public and private funds available under ORS 417.705 to 417.801
and 419A.170; and
(5) Retain state supervision of child protection and other
services that should be uniform throughout the state and that are
necessarily the state's responsibility.
SECTION 72. ORS 417.725 is amended to read:
417.725. (1) Key elements of the service system developed and
implemented under ORS 417.705 to 417.801 and 419A.170 are:
(a) A two-to-seven-year incremental implementation process with
measurable outcomes;
(b) An implementation process resulting in a voluntary system
based on nurturing human development; and
(c) A service continuum based on promoting wellness for the
children of Oregon whose parents have given their express written
consent. Family resource centers and community learning centers
as defined in ORS 329.007 are a viable, but not the exclusive,
structure for delivering a service continuum.
(2) If a system of family resource centers and community
learning centers is selected { - by a local commission on
children and families established pursuant to ORS 417.760 - } to
deliver services, the centers:
(a) May serve as the prevention arm of the voluntary delivery
system and may link and integrate neighborhood-based services
with the intent that services be available to all families who
have given their express written consent to promote their
children's wellness;
(b) Shall involve parents in the care and education of their
children;
(c) Shall involve the local community in developing and
overseeing family resource center programs and community learning
center programs;
(d) Shall be consistent with the local coordinated
comprehensive plan; and
(e) Shall incorporate the requirements specified for community
learning centers under ORS 329.156.
SECTION 73. ORS 417.727 is amended to read:
417.727. Based on the findings expressed in ORS 417.708, there
is created the Oregon Early Childhood System. The goals of the
system are to:
(1) Prevent child abuse and neglect;
(2) Improve the health and development of young children;
(3) Promote bonding and attachment in the early years of a
child's life;
(4) Support parents in providing the optimum environment for
their young children;
(5) Link and integrate services and supports in the voluntary
statewide early childhood system pursuant to ORS 417.728;
(6) Link and integrate services and supports in the voluntary
local early childhood system { - pursuant to ORS 417.777 - } ;
(7) Ensure that children are entering school ready to learn;
and
(8) Ensure that children receive quality child care.
SECTION 74. ORS 417.747 is amended to read:
417.747. (1) The Department of Human Services { - , in
consultation with local commissions on children and families, - }
may establish community-based foster care demonstration projects.
The purposes of the demonstration projects are to:
(a) Promote strategies that keep abused and neglected children
in their familiar surroundings and neighborhood schools;
(b) Recruit community volunteers to serve as foster parents for
abused and neglected children who live in the community;
(c) Identify barriers to recruiting community foster parents
and recommend strategies to address those identified barriers;
and
(d) Create a community-based system of support for foster
children and community foster parents.
(2) A demonstration project shall be subject to federal
requirements and the restrictions agreed upon between the
department and the county where the demonstration project is
located.
SECTION 75. ORS 417.788, as amended by section 20 of this 2011
Act, is amended to read:
417.788. (1) The Early Learning Council shall support relief
nurseries statewide { - through local commissions on children
and families - } as funding becomes available. { - Local
commissions - } { + The council + } may establish relief
nurseries for young children who are at risk and their families.
{ - Local commissions in - } Adjoining counties may choose to
establish regional relief nurseries. The relief nurseries shall:
(a) Be consistent with the voluntary early childhood system
plan that is part of the local coordinated comprehensive plan;
and
(b) Involve the parents of children served by the relief
nurseries.
(2) Programs at the relief nurseries shall include:
(a) Therapeutic early childhood education programs; and
(b) Parent education, training and support.
(3) Each relief nursery that receives state funding shall have
financial support from the community that is at least equal to 25
percent of any state allocation.
SECTION 76. ORS 417.790, as amended by section 21 of this 2011
Act, is amended to read:
417.790. The Early Learning Council shall:
(1) Make grants to { - local commissions on children and
families to - } fund research-based services and initiatives to
improve outcomes for children, youth or families. The council
shall assist counties in the implementation of community services
that are efficient, accountable, coordinated and readily
available. Grants for services and initiatives to support
children, youth or families shall be used at the local level
according to the county's local coordinated comprehensive plan.
These services shall be provided in accordance with ORS 417.715
and 417.720.
(2) Make Great Start grants to { - local commissions on
children and families to - } fund community-based programs for
children who are newborn through eight years of age. A county or
region shall use Great Start grant funds to provide
research-based early childhood programs in community settings and
to provide services that have proven to be successful and that
meet the needs of the community as described in the county's
local coordinated comprehensive plan. These services shall be
provided in accordance with ORS 417.728.
SECTION 77. ORS 417.793, as amended by section 22 of this 2011
Act, is amended to read:
417.793. The Early Learning Council shall support
parents-as-teachers programs statewide { - through local
commissions on children and families - } as funding becomes
available. If a
{ - local commission offers a - } program { + is offered + },
the program shall be part of a comprehensive, research-based
approach to parent education and support. The program shall be
consistent with the voluntary early childhood system plan that is
part of the local coordinated comprehensive plan.
SECTION 78. ORS 417.795, as amended by section 23 of this 2011
Act, is amended to read:
417.795. (1) The Early Learning Council shall establish Healthy
Start Family Support Services programs { - through contracts
entered into by local commissions on children and families - }
in all counties of this state as funding becomes available.
(2) These programs shall be nonstigmatizing, voluntary and
designed to achieve the appropriate early childhood benchmarks
and shall:
(a) Ensure that express written consent is obtained from the
family prior to any release of information that is protected by
federal or state law and before the family receives any services;
(b) Ensure that services are voluntary and that, if a family
chooses not to accept services or ends services, there are no
adverse consequences for those decisions;
(c) Offer a voluntary comprehensive screening and risk
assessment of all newly born children and their families;
(d) Ensure that the disclosure of information gathered in
conjunction with the voluntary comprehensive screening and risk
assessment of children and their families is limited under ORS
417.728 (6) to the following purposes:
(A) Providing services under the programs to children and
families who give their express written consent;
(B) Providing statistical data that are not personally
identifiable;
(C) Accomplishing other purposes for which the family has given
express written consent; and
(D) Meeting the requirements of mandatory state and federal
disclosure laws;
(e) Ensure that risk factors used in the risk assessment are
limited to those risk factors that have been shown by research to
be associated with poor outcomes for children and families;
(f) Identify, as early as possible, families that would benefit
most from the programs;
(g) Provide parenting education and support services, including
but not limited to community-based home visiting services and
primary health care services;
(h) Provide other supports, including but not limited to
referral to and linking of community and public services for
children and families such as mental health services, alcohol and
drug treatment programs that meet the standards promulgated by
the Oregon Health Authority under ORS 430.357, child care, food,
housing and transportation;
(i) Coordinate services for children consistent with the
voluntary local early childhood system plan { - developed under
ORS 417.777 - } ;
(j) Provide follow-up services and supports from birth through
five years of age;
(k) Integrate data with any common data system for early
childhood programs;
(L) Be included in a statewide independent evaluation to
document:
(A) Level of screening and assessment;
(B) Incidence of child abuse and neglect;
(C) Change in parenting skills; and
(D) Rate of child development;
(m) Be included in a statewide training program in the dynamics
of the skills needed to provide early childhood services, such as
assessment and home visiting; and
(n) Meet voluntary statewide and local early childhood system
quality assurance and quality improvement standards.
(3) The Healthy Start Family Support Services programs, local
health departments and other providers of prenatal and perinatal
services in counties, as part of the voluntary local early
childhood system, shall:
(a) Identify existing services and describe and prioritize
additional services necessary for a voluntary home visit system;
(b) Build on existing programs;
(c) Maximize the use of volunteers and other community
resources that support all families;
(d) Target, at a minimum, all first birth families in the
county; and
(e) Ensure that home visiting services provided by local health
departments for children and pregnant women support and are
coordinated with local Healthy Start Family Support Services
programs.
(4) Through a Healthy Start Family Support Services program, a
trained family support worker or nurse shall be assigned to each
family assessed as at risk that consents to receive services
through the worker or nurse. The worker or nurse shall conduct
home visits and assist the family in gaining access to needed
services.
(5) The services required by this section shall be provided by
hospitals, public or private entities or organizations, or any
combination thereof, capable of providing all or part of the
family risk assessment and the follow-up services. In granting a
contract, { - a local commission may utilize - } collaborative
contracting or requests for proposals { - and shall take into
consideration - } { + may be utilized and shall include + } the
most effective and consistent service delivery system.
(6) The family risk assessment and follow-up services for
families at risk shall be provided by trained family support
workers or nurses organized in teams supervised by a manager and
including a family services coordinator who is available to
consult.
(7) Each Healthy Start Family Support Services program shall
adopt disciplinary procedures for family support workers, nurses
and other employees of the program. The procedures shall provide
appropriate disciplinary actions for family support workers,
nurses and other employees who violate federal or state law or
the policies of the program.
SECTION 79. ORS 417.801, as amended by section 27 of this 2011
Act, is amended to read:
417.801. { - Local commissions on children and families shall
consider - } The needs, resources and support for runaway and
homeless youth and their families { + shall be considered + } as
part of the development of local coordinated comprehensive plans.
As part of this process, { - local commissions shall provide
information to - } the Early Learning Council { - on the - }
{ + shall consider + } barriers to local implementation of care
and services to runaway and homeless youth and their families
that result from existing state level policies.
SECTION 80. ORS 417.845, as amended by section 28 of this 2011
Act, is amended to read:
417.845. (1) The Juvenile Crime Prevention Advisory Committee
is created within the Early Learning Council.
(2) The committee shall have the following members:
(a) The Director of the Oregon Youth Authority or a designee of
the director;
(b) The director of the Early Learning Council or a designee of
the director;
(c) The Director of the Oregon Health Authority or one or more
designees of the director, one of whom has expertise in treatment
and prevention of substance abuse;
(d) The executive director of the Oregon Criminal Justice
Commission or a designee of the executive director;
(e) The Superintendent of Public Instruction or a designee of
the superintendent;
(f) The Superintendent of State Police or a designee of the
superintendent;
(g) The Director of the Department of Corrections or a designee
of the director;
(h) One designee of the Governor;
(i) One member appointed by the President of the Senate, who
shall be a member of the Senate and who shall be a nonvoting,
advisory member;
(j) One member appointed by the Speaker of the House of
Representatives, who shall be a member of the House of
Representatives and who shall be a nonvoting, advisory member;
and
(k) One designee of the Chief Justice of the Supreme Court from
the Judicial Department who serves as a nonvoting member to
provide information and support the partnership role of the
courts in an effective comprehensive statewide approach to
high-risk youth and their families.
(3) In addition to the members listed in subsection (2) of this
section, the Governor shall appoint the following members who
shall be representative of the geographic and cultural diversity
of the state:
(a) To represent local public and private entities:
(A) A county commissioner;
(B) A local juvenile director;
{ - (C) A director of a local commission on children and
families; - }
{ - (D) - } { + (C) + } Two law enforcement officials;
{ - (E) - } { + (D) + } A county mental health director;
{ - (F) - } { + (E) + } An alcohol and drug abuse
professional;
{ - (G) - } { + (F) + } A school superintendent;
{ - (H) - } { + (G) + } A private youth service provider;
and
{ - (I) - } { + (H) + } An elected city official;
(b) A researcher;
(c) A citizen member; and
(d) Other members as determined by the Governor.
(4) Each member of the committee appointed by the Governor
under subsection (3) of this section shall serve a term of four
years. Members appointed by the Governor shall serve at the
pleasure of the Governor. A vacancy in the office of any member
appointed by the Governor under subsection (3) of this section
shall be filled by the Governor by appointment for the unexpired
term.
(5) The Governor shall select one of the members of the
committee as chairperson and one of its members as vice
chairperson.
(6) The committee shall meet at times, places and intervals
deemed advisable by a majority of the members.
(7) The Early Learning Council shall provide staff support to
the committee.
SECTION 81. ORS 417.850 is amended to read:
417.850. The Juvenile Crime Prevention Advisory Committee
shall:
(1) Review the budget and allocation formula for appropriations
for the purpose of juvenile crime prevention;
(2) Review the components of the local coordinated
comprehensive plans for children and families { - created
pursuant to ORS 417.775 - } that address local high-risk
juvenile crime prevention plans developed under ORS 417.855 and
make recommendations to the Governor about the local plans;
(3) Ensure that high-risk juvenile crime prevention planning
criteria are met by state and local public and private entities;
(4) Recommend high-risk juvenile justice and juvenile crime
prevention policies to the Governor and the Legislative Assembly;
(5) Ensure initiation of contracts based on approved local
high-risk juvenile crime prevention plans and oversee contract
changes;
(6) Review data and outcome information;
(7) Establish and publish review and assessment criteria for
the local high-risk juvenile crime prevention plans. The criteria
shall include, but not be limited to, measuring changes in
juvenile crime and juvenile recidivism;
(8) Review and coordinate county youth diversion plans and
basic services grants with the local high-risk juvenile crime
prevention plans. Basic services grants may be used for detention
and other juvenile department services including:
(a) Shelter care;
(b) Treatment services;
(c) Graduated sanctions; and
(d) Aftercare for youth offenders;
(9) Work to ensure broad-based citizen involvement in the
planning and execution of high-risk juvenile crime prevention
plans at both the state and local levels;
(10) Develop a funding policy that provides incentives for
flexible programming and promotes strategies that stress
reinvestment in youth;
(11) Periodically report to the Governor and the Legislative
Assembly on the progress of the committee;
(12) Oversee and approve funding and policy recommendations of
the state advisory group as required by the federal Juvenile
Justice and Delinquency Prevention Act of 1974, 42 U.S.C. 5601 et
seq.; and
(13) Work with tribal governments to develop tribal high-risk
juvenile crime prevention plans.
SECTION 82. ORS 417.855, as amended by section 29 of this 2011
Act, is amended to read:
417.855. (1) Each board of county commissioners shall designate
an agency or organization to serve as the lead planning
organization to facilitate the creation of a partnership among
state and local public and private entities in each county. The
partnership shall include, but is not limited to, { - local
commissions on children and families, - } education
representatives, public health representatives, local alcohol and
drug planning committees, representatives of the court system,
local mental health planning committees, city or municipal
representatives and local public safety coordinating councils.
The partnership shall develop a local high-risk juvenile crime
prevention plan that shall be incorporated into the local
coordinated comprehensive plans created under ORS 417.775.
(2) The local high-risk juvenile crime prevention plans shall
use services and activities to meet the needs of a targeted
population of youths who:
(a) Have more than one of the following risk factors:
(A) Antisocial behavior;
(B) Poor family functioning or poor family support;
(C) Failure in school;
(D) Substance abuse problems; or
(E) Negative peer association; and
(b) Are clearly demonstrating at-risk behaviors that have come
to the attention of government or community agencies, schools or
law enforcement and will lead to imminent or increased
involvement in the juvenile justice system.
(3)(a) The Early Learning Council shall allocate funds
available to support the local high-risk juvenile crime
prevention plans to counties based on the youth population age 18
or younger in those counties.
(b) The council shall award a minimum grant to small counties.
The minimum grant level shall be determined by the Juvenile Crime
Prevention Advisory Committee through a public process and
reviewed by the committee biennially.
SECTION 83. ORS 417.857, as amended by section 30 of this 2011
Act, is amended to read:
417.857. (1) Deschutes County may place greater emphasis on
early intervention and work with younger children than required
by the Juvenile Crime Prevention Advisory Committee if the county
has been granted a waiver under this section.
(2) The Juvenile Crime Prevention Advisory Committee shall
develop an objective process, review criteria and timetable for
consideration of a waiver request. A waiver granted under this
section applies to the requirements for basic services grants
described in ORS 417.850 (8) and high-risk juvenile crime
prevention resources managed by the Early Learning Council. The
waiver shall be consistent with the goals of ORS 417.705 to
417.801, 417.850 and 417.855.
(3) Any documentation required for a waiver under this section
shall be obtained to the greatest extent possible from material
contained in the county's juvenile crime prevention plan and from
material as determined through biennial intergovernmental
agreements. The Juvenile Crime Prevention Advisory Committee may
ask the county to submit additional information regarding how the
county intends to use crime prevention funds under the waiver.
(4) The Juvenile Crime Prevention Advisory Committee shall
grant a waiver or continue a waiver based on criteria that
include:
(a) The rate of Oregon Youth Authority discretionary bed usage
compared to other counties;
(b) The county's rates of first-time juvenile offenders,
chronic juvenile offenders and juvenile recidivism compared to
other counties;
(c) The amount and allocation of expenditures from all funding
sources for juvenile crime prevention, including prevention and
early intervention strategies, and how the requested waiver
addresses the needs and priorities for the target population
described in ORS 417.855 and for the target population described
in the waiver;
(d) Inclusion of prevention or early intervention strategies in
the juvenile crime prevention plan;
(e) Investments in evidence-based crime prevention programs and
practices;
(f) Support of the local public safety coordinating council
{ - , local commission on children and families - } and
{ + the + } board of county commissioners;
(g) Local integration practices including citizens, victims,
courts, law enforcement, business and schools;
(h) Identification of the risk factors for the target
population described in the waiver; and
(i) Changes in the risk factors for the target population
described in the waiver.
(5) The committee shall review and act on any request for a
waiver within 90 days after receipt of the request.
(6) The duration of a waiver granted under this section is four
years. Before the expiration of a waiver granted under this
section, the county may submit a request for another waiver.
SECTION 84. ORS 420.017 is amended to read:
420.017. (1) The Oregon Youth Authority shall develop annually
a plan for diversion of delinquent youth from commitment to the
youth correction facilities to alternative community services.
(2) { - In consultation with the local commissions on
children and families established under ORS 417.760, - } The
juvenile departments shall develop a plan for services needed to
divert the commitment of youth from the youth correction
facilities, and how these services are to be administered if
funds are provided.
{ - Following review and comment by local commissions, - } The
plan must be approved in the form of a resolution by the
governing body of the appropriate county and of a letter of
concurrence from the presiding judge for the judicial district in
which the juvenile court is located.
(3) The youth authority shall develop and implement a statewide
diversion plan after taking the local juvenile departments' plans
into consideration and after consulting with affected service
providers.
SECTION 85. ORS 423.565 is amended to read:
423.565. In addition to the duties assigned to it under ORS
423.560, the local public safety coordinating council convened by
the board of commissioners shall, at a minimum:
(1) Develop and recommend to the county board of commissioners
the plan for use of state resources to serve the local youth
offender population.
(2) Coordinate local juvenile justice policy among affected
juvenile justice entities.
(3) { - In consultation with the local commission on children
and families, - } Develop and recommend to the county board of
commissioners a plan designed to prevent criminal involvement by
youth. The plan must provide for coordination of community-wide
services involving treatment, education, employment and
intervention strategies aimed at crime prevention.
(4) Create a facility advisory subcommittee when provided with
the information described in ORS 169.690. The subcommittee shall
be composed of the following persons:
(a) The affected law enforcement officer described in ORS
423.560 (1)(a) or (b);
(b) A district attorney;
(c) A mental health director;
(d) A designee of the city council or county board of
commissioners, whichever is affected;
(e) A representative of an organization that advocates on
behalf of persons with mental illness; and
(f) A consumer as defined in ORS 430.073.
(5) If a written plan of action has been provided to the
council under ORS 165.127, annually review the plan and, if
appropriate, make written recommendations to the affected
district attorney for plan improvements.
SECTION 86. ORS 430.255 is amended to read:
430.255. (1)(a) There is created in the office of the Governor
the Governor's Council on Alcohol and Drug Abuse Programs. The
council shall consist of not more than 11 members who are
appointed by the Governor for terms of four years. Members are
eligible for one reappointment. Members must be without
conflicting interests and as representative as possible of:
(A) Geographic regions of the state;
(B) At-risk populations, including among others, youth, the
elderly, minorities and women;
(C) Knowledgeable professionals, such as pharmacists,
physicians, attorneys and the like who are not necessarily
representatives of professional organizations, but who may be
recovering;
(D) Knowledgeable nonprofessionals who may represent advocate
groups and who may be recovering; and
(E) Local advisory groups.
(b) In addition to the members appointed to the council under
paragraph (a) of this subsection, the council shall include:
(A) One member appointed by the President of the Senate, who
shall be a member of the Senate and who shall be a nonvoting,
advisory member; and
(B) One member appointed by the Speaker of the House of
Representatives, who shall be a member of the House of
Representatives and who shall be a nonvoting, advisory member.
(2) The duties of the Governor's Council on Alcohol and Drug
Abuse Programs are to:
(a) Assess the economic and social impact of alcohol and drug
abuse on the State of Oregon and report the findings and
recommendations to the Governor by January 1 of each
even-numbered year.
(b) Review and make recommendations to the Governor on the
goals, financing, priorities and a state plan for prevention,
intervention and treatment of alcohol and drug abuse problems,
which encompasses all appropriate state agencies and is
consistent with ORS 430.258, by January 1 of each even-numbered
year.
(c) Review alcohol and drug abuse programs and make
recommendations to the Governor on the effectiveness and
priorities for improvements of all such prevention and treatment
programs for alcohol and drug problems engaged in or financed
through state agencies by January 1 of each even-numbered year.
(d) Review and approve the components of the local coordinated
comprehensive plan { - created pursuant to ORS 417.775 - } that
address alcohol and other drug prevention and treatment plans
developed under ORS 430.258.
(e) Work to ensure broad-based citizen involvement in the
planning and execution of the alcohol and drug prevention and
treatment plans at both the state and local level.
(3) Members of the council are entitled to compensation and
expenses as provided under ORS 292.495.
(4) The Governor may remove any member for misconduct,
incapacity or neglect of duty.
(5) The Director of the Oregon Health Authority shall provide
the technical and financial support as is required and authorized
by the Legislative Assembly and as is necessary to carry out this
section and ORS 430.250, 430.257, 430.258, 430.259, 430.270,
430.290, 430.359, 430.368, 430.535 and 430.630.
SECTION 87. ORS 430.258 is amended to read:
430.258. The Governor's Council on Alcohol and Drug Abuse
Programs shall prepare criteria and policies for a statewide plan
of services for alcohol and other drug prevention and treatment
for children and families to guide local alcohol and drug
councils. { - Local commissions on children and families shall
incorporate - } Alcohol and other drug prevention and treatment
plans developed pursuant to this section { + shall be
incorporated + } into the local coordinated comprehensive plan
{ - created under ORS 417.775 - } . The criteria and policies
prepared for the statewide plan of services shall:
(1) Describe the need for prevention and treatment services and
strategies, and the method by which state and federal resources
shall be prioritized in order to meet the needs, including
prevention and treatment for families with young children and
adolescents;
(2) Set forth principles guiding the purchase of prevention and
treatment services and strategies from local community providers;
(3) Identify outcomes for the provision of prevention and
treatment services and strategies and a method for monitoring
those outcomes;
(4) Identify consistent standards for measuring prevention and
treatment provision and success;
(5) Outline a process for providing training and technical
assistance to state and local community providers, including
prevention and treatment for special needs populations; and
(6) Identify how prevention and treatment services and
strategies will link to other services and supports for children
and families.
SECTION 88. ORS 430.420 is amended to read:
430.420. (1) In collaboration with local seizing agencies, the
district attorney, the local public safety coordinating council
and the local mental health advisory committee, a local
alcoholism planning committee appointed or designated pursuant to
ORS 430.342 shall develop a plan to integrate drug treatment
services into the criminal justice system for offenders who
commit nonviolent felony drug possession offenses. The plan may
also include property offenders as provided for under ORS
475.245. The plan developed under this subsection must be
incorporated into the local coordinated comprehensive plan
{ - required by ORS 417.775 - } .
(2)(a) A plan may include, but need not be limited to, programs
that occur before adjudication, after adjudication as part of a
sentence of probation or as part of a conditional discharge.
(b) A plan must include, but need not be limited to:
(A) A description of local criminal justice and treatment
coordination efforts;
(B) A description of the method by which local, state and
federal treatment resources are prioritized and allocated to meet
the needs of the drug abusing offender population;
(C) The principles that guide criminal justice strategies for
supervision and treatment of drug abusing offenders and the
purchase of treatment services from local community providers;
(D) The desired outcomes for criminal justice strategies for
supervision and treatment of drug abusing offenders and the
provision of treatment services and identification of a method
for monitoring and reporting the outcomes; and
(E) Consistent standards for measuring the success of criminal
justice strategies for supervision and treatment of drug abusing
offenders and the provision of treatment.
(3) A program must include, but need not be limited to:
(a) Ongoing oversight of the participant;
(b) Frequent monitoring to determine whether a participant is
using controlled substances unlawfully; and
(c) A coordinated strategy governing responses to a
participant's compliance or noncompliance with the program.
(4) The local alcoholism planning committee shall submit the
plan to the Oregon Health Authority and shall provide the county
board of commissioners with a copy of the plan.
SECTION 89. ORS 430.630 is amended to read:
430.630. (1) In addition to any other requirements that may be
established by rule by the Oregon Health Authority, each
community mental health program and community developmental
disabilities program, subject to the availability of funds, shall
provide the following basic services to persons with mental
retardation, developmental disabilities, alcoholism or drug
dependence, and persons who are alcohol or drug abusers:
(a) Outpatient services;
(b) Aftercare for persons released from hospitals and training
centers;
(c) Training, case and program consultation and education for
community agencies, related professions and the public;
(d) Guidance and assistance to other human service agencies for
joint development of prevention programs and activities to reduce
factors causing mental retardation, developmental disabilities,
alcohol abuse, alcoholism, drug abuse and drug dependence; and
(e) Age-appropriate treatment options for older adults.
(2) As alternatives to state hospitalization, it is the
responsibility of the community mental health or community
developmental disabilities program to ensure that, subject to the
availability of funds, the following services for persons with
mental retardation, developmental disabilities, alcoholism or
drug dependence, and persons who are alcohol or drug abusers, are
available when needed and approved by the Oregon Health
Authority:
(a) Emergency services on a 24-hour basis, such as telephone
consultation, crisis intervention and prehospital screening
examination;
(b) Care and treatment for a portion of the day or night, which
may include day treatment centers, work activity centers and
preschool programs;
(c) Residential care and treatment in facilities such as
halfway houses, detoxification centers and other community living
facilities;
(d) Continuity of care, such as that provided by service
coordinators, community case development specialists and core
staff of federally assisted community mental health centers;
(e) Inpatient treatment in community hospitals; and
(f) Other alternative services to state hospitalization as
defined by the Department of Human Services or the Oregon Health
Authority.
(3) In addition to any other requirements that may be
established by rule of the Oregon Health Authority, each
community mental health program, subject to the availability of
funds, shall provide or ensure the provision of the following
services to persons with mental or emotional disturbances:
(a) Screening and evaluation to determine the client's service
needs;
(b) Crisis stabilization to meet the needs of persons with
acute mental or emotional disturbances, including the costs of
investigations and prehearing detention in community hospitals or
other facilities approved by the authority for persons involved
in involuntary commitment procedures;
(c) Vocational and social services that are appropriate for the
client's age, designed to improve the client's vocational,
social, educational and recreational functioning;
(d) Continuity of care to link the client to housing and
appropriate and available health and social service needs;
(e) Psychiatric care in state and community hospitals, subject
to the provisions of subsection (4) of this section;
(f) Residential services;
(g) Medication monitoring;
(h) Individual, family and group counseling and therapy;
(i) Public education and information;
(j) Prevention of mental or emotional disturbances and
promotion of mental health;
(k) Consultation with other community agencies;
(L) Preventive mental health services for children and
adolescents, including primary prevention efforts, early
identification and early intervention services. Preventive
services should be patterned after service models that have
demonstrated effectiveness in reducing the incidence of
emotional, behavioral and cognitive disorders in children. As
used in this paragraph:
(A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(B) 'Early intervention services' for children at risk of later
development of emotional disturbances means programs and
activities for children and their families that promote
conditions, opportunities and experiences that encourage and
develop emotional stability, self-sufficiency and increased
personal competence; and
(C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop; and
(m) Preventive mental health services for older adults,
including primary prevention efforts, early identification and
early intervention services. Preventive services should be
patterned after service models that have demonstrated
effectiveness in reducing the incidence of emotional and
behavioral disorders and suicide attempts in older adults. As
used in this paragraph:
(A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(B) 'Early intervention services' for older adults at risk of
development of emotional disturbances means programs and
activities for older adults and their families that promote
conditions, opportunities and experiences that encourage and
maintain emotional stability, self-sufficiency and increased
personal competence and that deter suicide; and
(C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop.
(4) A community mental health program shall assume
responsibility for psychiatric care in state and community
hospitals, as provided in subsection (3)(e) of this section, in
the following circumstances:
(a) The person receiving care is a resident of the county
served by the program. For purposes of this paragraph, '
resident' means the resident of a county in which the person
maintains a current mailing address or, if the person does not
maintain a current mailing address within the state, the county
in which the person is found, or the county in which a
court-committed person with a mental illness has been
conditionally released.
(b) The person has been hospitalized involuntarily or
voluntarily, pursuant to ORS 426.130 or 426.220, except for
persons confined to the Secure Child and Adolescent Treatment
Unit at Oregon State Hospital, or has been hospitalized as the
result of a revocation of conditional release.
(c) Payment is made for the first 60 consecutive days of
hospitalization.
(d) The hospital has collected all available patient payments
and third-party reimbursements.
(e) In the case of a community hospital, the authority has
approved the hospital for the care of persons with mental or
emotional disturbances, the community mental health program has a
contract with the hospital for the psychiatric care of residents
and a representative of the program approves voluntary or
involuntary admissions to the hospital prior to admission.
(5) Subject to the review and approval of the Department of
Human Services, a developmental disabilities program may initiate
additional services after the services defined in this section
are provided.
(6) Subject to the review and approval of the Oregon Health
Authority, a mental health program may initiate additional
services after the services defined in this section are provided.
(7) Each community mental health program and community
developmental disabilities program and the state hospital serving
the program's geographic area shall enter into a written
agreement concerning the policies and procedures to be followed
by the program and the hospital when a patient is admitted to,
and discharged from, the hospital and during the period of
hospitalization.
(8) Each community mental health program shall have a mental
health advisory committee, appointed by the board of county
commissioners or the county court or, if two or more counties
have combined to provide mental health services, the boards or
courts of the participating counties or, in the case of a Native
American reservation, the tribal council.
(9) A community mental health program may request and the
authority may grant a waiver regarding provision of one or more
of the services described in subsection (3) of this section upon
a showing by the county and a determination by the authority that
persons with mental or emotional disturbances in that county
would be better served and unnecessary institutionalization
avoided.
(10) Each community mental health program shall cooperate fully
with the Alcohol and Drug Policy Commission in the performance of
its duties.
(11)(a) As used in this subsection, 'local mental health
authority' means one of the following entities:
(A) The board of county commissioners of one or more counties
that establishes or operates a community mental health program;
(B) The tribal council, in the case of a federally recognized
tribe of Native Americans that elects to enter into an agreement
to provide mental health services; or
(C) A regional local mental health authority comprised of two
or more boards of county commissioners.
(b) Each local mental health authority that provides mental
health services shall determine the need for local mental health
services and adopt a comprehensive local plan for the delivery of
mental health services for children, families, adults and older
adults that describes the methods by which the local mental
health authority shall provide those services. The local mental
health authority shall review and revise the local plan
biennially. The purpose of the local plan is to create a
blueprint to provide mental health services that are directed by
and responsive to the mental health needs of individuals in the
community served by the local plan.
(c) The local plan shall identify ways to:
(A) Coordinate and ensure accountability for all levels of care
described in paragraph (e) of this subsection;
(B) Maximize resources for consumers and minimize
administrative expenses;
(C) Provide supported employment and other vocational
opportunities for consumers;
(D) Determine the most appropriate service provider among a
range of qualified providers;
(E) Ensure that appropriate mental health referrals are made;
(F) Address local housing needs for persons with mental health
disorders;
(G) Develop a process for discharge from state and local
psychiatric hospitals and transition planning between levels of
care or components of the system of care;
(H) Provide peer support services, including but not limited to
drop-in centers and paid peer support;
(I) Provide transportation supports; and
(J) Coordinate services among the criminal and juvenile justice
systems, adult and juvenile corrections systems and local mental
health programs to ensure that persons with mental illness who
come into contact with the justice and corrections systems
receive needed care and to ensure continuity of services for
adults and juveniles leaving the corrections system.
(d) When developing a local plan, a local mental health
authority shall:
(A) Coordinate with the budgetary cycles of state and local
governments that provide the local mental health authority with
funding for mental health services;
(B) Involve consumers, advocates, families, service providers,
schools and other interested parties in the planning process;
(C) Coordinate with the local public safety coordinating
council to address the services described in paragraph (c)(J) of
this subsection;
(D) Conduct a population based needs assessment to determine
the types of services needed locally;
(E) Determine the ethnic, age-specific, cultural and diversity
needs of the population served by the local plan;
(F) Describe the anticipated outcomes of services and the
actions to be achieved in the local plan;
(G) Ensure that the local plan coordinates planning, funding
and services with:
(i) The educational needs of children, adults and older adults;
(ii) Providers of social supports, including but not limited to
housing, employment, transportation and education; and
(iii) Providers of physical health and medical services;
(H) Describe how funds, other than state resources, may be used
to support and implement the local plan;
(I) Demonstrate ways to integrate local services and
administrative functions in order to support integrated service
delivery in the local plan; and
(J) Involve the local mental health advisory committees
described in subsection (8) of this section.
(e) The local plan must describe how the local mental health
authority will ensure the delivery of and be accountable for
clinically appropriate services in a continuum of care based on
consumer needs. The local plan shall include, but not be limited
to, services providing the following levels of care:
(A) Twenty-four-hour crisis services;
(B) Secure and nonsecure extended psychiatric care;
(C) Secure and nonsecure acute psychiatric care;
(D) Twenty-four-hour supervised structured treatment;
(E) Psychiatric day treatment;
(F) Treatments that maximize client independence;
(G) Family and peer support and self-help services;
(H) Support services;
(I) Prevention and early intervention services;
(J) Transition assistance between levels of care;
(K) Dual diagnosis services;
(L) Access to placement in state-funded psychiatric hospital
beds;
(M) Precommitment and civil commitment in accordance with ORS
chapter 426; and
(N) Outreach to older adults at locations appropriate for
making contact with older adults, including senior centers, long
term care facilities and personal residences.
(f) In developing the part of the local plan referred to in
paragraph (c)(J) of this subsection, the local mental health
authority shall collaborate with the local public safety
coordinating council to address the following:
(A) Training for all law enforcement officers on ways to
recognize and interact with persons with mental illness, for the
purpose of diverting them from the criminal and juvenile justice
systems;
(B) Developing voluntary locked facilities for crisis treatment
and follow-up as an alternative to custodial arrests;
(C) Developing a plan for sharing a daily jail and juvenile
detention center custody roster and the identity of persons of
concern and offering mental health services to those in custody;
(D) Developing a voluntary diversion program to provide an
alternative for persons with mental illness in the criminal and
juvenile justice systems; and
(E) Developing mental health services, including housing, for
persons with mental illness prior to and upon release from
custody.
(g) Services described in the local plan shall:
(A) Address the vision, values and guiding principles described
in the Report to the Governor from the Mental Health Alignment
Workgroup, January 2001;
(B) Be provided to children, older adults and families as close
to their homes as possible;
(C) Be culturally appropriate and competent;
(D) Be, for children, older adults and adults with mental
health needs, from providers appropriate to deliver those
services;
(E) Be delivered in an integrated service delivery system with
integrated service sites or processes, and with the use of
integrated service teams;
(F) Ensure consumer choice among a range of qualified providers
in the community;
(G) Be distributed geographically;
(H) Involve consumers, families, clinicians, children and
schools in treatment as appropriate;
(I) Maximize early identification and early intervention;
(J) Ensure appropriate transition planning between providers
and service delivery systems, with an emphasis on transition
between children and adult mental health services;
(K) Be based on the ability of a client to pay;
(L) Be delivered collaboratively;
(M) Use age-appropriate, research-based quality indicators;
(N) Use best-practice innovations; and
(O) Be delivered using a community-based, multisystem approach.
(h) A local mental health authority shall submit to the Oregon
Health Authority a copy of the local plan and biennial revisions
adopted under paragraph (b) of this subsection at time intervals
established by the authority.
(i) { - Each local commission on children and families shall
reference - } The local plan for the delivery of mental health
services { + must be referenced + } in the local coordinated
comprehensive plan { - created pursuant to ORS 417.775 - } .
SECTION 90. ORS 430.630, as amended by section 23, chapter 856,
Oregon Laws 2009, is amended to read:
430.630. (1) In addition to any other requirements that may be
established by rule by the Oregon Health Authority, each
community mental health program and community developmental
disabilities program, subject to the availability of funds, shall
provide the following basic services to persons with mental
retardation, developmental disabilities, alcoholism or drug
dependence, and persons who are alcohol or drug abusers:
(a) Outpatient services;
(b) Aftercare for persons released from hospitals and training
centers;
(c) Training, case and program consultation and education for
community agencies, related professions and the public;
(d) Guidance and assistance to other human service agencies for
joint development of prevention programs and activities to reduce
factors causing mental retardation, developmental disabilities,
alcohol abuse, alcoholism, drug abuse and drug dependence; and
(e) Age-appropriate treatment options for older adults.
(2) As alternatives to state hospitalization, it is the
responsibility of the community mental health or community
developmental disabilities program to ensure that, subject to the
availability of funds, the following services for persons with
mental retardation, developmental disabilities, alcoholism or
drug dependence, and persons who are alcohol or drug abusers, are
available when needed and approved by the Oregon Health
Authority:
(a) Emergency services on a 24-hour basis, such as telephone
consultation, crisis intervention and prehospital screening
examination;
(b) Care and treatment for a portion of the day or night, which
may include day treatment centers, work activity centers and
preschool programs;
(c) Residential care and treatment in facilities such as
halfway houses, detoxification centers and other community living
facilities;
(d) Continuity of care, such as that provided by service
coordinators, community case development specialists and core
staff of federally assisted community mental health centers;
(e) Inpatient treatment in community hospitals; and
(f) Other alternative services to state hospitalization as
defined by the Department of Human Services or the Oregon Health
Authority.
(3) In addition to any other requirements that may be
established by rule of the Oregon Health Authority, each
community mental health program, subject to the availability of
funds, shall provide or ensure the provision of the following
services to persons with mental or emotional disturbances:
(a) Screening and evaluation to determine the client's service
needs;
(b) Crisis stabilization to meet the needs of persons with
acute mental or emotional disturbances, including the costs of
investigations and prehearing detention in community hospitals or
other facilities approved by the authority for persons involved
in involuntary commitment procedures;
(c) Vocational and social services that are appropriate for the
client's age, designed to improve the client's vocational,
social, educational and recreational functioning;
(d) Continuity of care to link the client to housing and
appropriate and available health and social service needs;
(e) Psychiatric care in state and community hospitals, subject
to the provisions of subsection (4) of this section;
(f) Residential services;
(g) Medication monitoring;
(h) Individual, family and group counseling and therapy;
(i) Public education and information;
(j) Prevention of mental or emotional disturbances and
promotion of mental health;
(k) Consultation with other community agencies;
(L) Preventive mental health services for children and
adolescents, including primary prevention efforts, early
identification and early intervention services. Preventive
services should be patterned after service models that have
demonstrated effectiveness in reducing the incidence of
emotional, behavioral and cognitive disorders in children. As
used in this paragraph:
(A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(B) 'Early intervention services' for children at risk of later
development of emotional disturbances means programs and
activities for children and their families that promote
conditions, opportunities and experiences that encourage and
develop emotional stability, self-sufficiency and increased
personal competence; and
(C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop; and
(m) Preventive mental health services for older adults,
including primary prevention efforts, early identification and
early intervention services. Preventive services should be
patterned after service models that have demonstrated
effectiveness in reducing the incidence of emotional and
behavioral disorders and suicide attempts in older adults. As
used in this paragraph:
(A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(B) 'Early intervention services' for older adults at risk of
development of emotional disturbances means programs and
activities for older adults and their families that promote
conditions, opportunities and experiences that encourage and
maintain emotional stability, self-sufficiency and increased
personal competence and that deter suicide; and
(C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop.
(4) A community mental health program shall assume
responsibility for psychiatric care in state and community
hospitals, as provided in subsection (3)(e) of this section, in
the following circumstances:
(a) The person receiving care is a resident of the county
served by the program. For purposes of this paragraph, '
resident' means the resident of a county in which the person
maintains a current mailing address or, if the person does not
maintain a current mailing address within the state, the county
in which the person is found, or the county in which a
court-committed person with a mental illness has been
conditionally released.
(b) The person has been hospitalized involuntarily or
voluntarily, pursuant to ORS 426.130 or 426.220, except for
persons confined to the Secure Child and Adolescent Treatment
Unit at Oregon State Hospital, or has been hospitalized as the
result of a revocation of conditional release.
(c) Payment is made for the first 60 consecutive days of
hospitalization.
(d) The hospital has collected all available patient payments
and third-party reimbursements.
(e) In the case of a community hospital, the authority has
approved the hospital for the care of persons with mental or
emotional disturbances, the community mental health program has a
contract with the hospital for the psychiatric care of residents
and a representative of the program approves voluntary or
involuntary admissions to the hospital prior to admission.
(5) Subject to the review and approval of the Department of
Human Services, a developmental disabilities program may initiate
additional services after the services defined in this section
are provided.
(6) Subject to the review and approval of the Oregon Health
Authority, a mental health program may initiate additional
services after the services defined in this section are provided.
(7) Each community mental health program and community
developmental disabilities program and the state hospital serving
the program's geographic area shall enter into a written
agreement concerning the policies and procedures to be followed
by the program and the hospital when a patient is admitted to,
and discharged from, the hospital and during the period of
hospitalization.
(8) Each community mental health program shall have a mental
health advisory committee, appointed by the board of county
commissioners or the county court or, if two or more counties
have combined to provide mental health services, the boards or
courts of the participating counties or, in the case of a Native
American reservation, the tribal council.
(9) A community mental health program may request and the
authority may grant a waiver regarding provision of one or more
of the services described in subsection (3) of this section upon
a showing by the county and a determination by the authority that
persons with mental or emotional disturbances in that county
would be better served and unnecessary institutionalization
avoided.
(10)(a) As used in this subsection, 'local mental health
authority' means one of the following entities:
(A) The board of county commissioners of one or more counties
that establishes or operates a community mental health program;
(B) The tribal council, in the case of a federally recognized
tribe of Native Americans that elects to enter into an agreement
to provide mental health services; or
(C) A regional local mental health authority comprised of two
or more boards of county commissioners.
(b) Each local mental health authority that provides mental
health services shall determine the need for local mental health
services and adopt a comprehensive local plan for the delivery of
mental health services for children, families, adults and older
adults that describes the methods by which the local mental
health authority shall provide those services. The local mental
health authority shall review and revise the local plan
biennially. The purpose of the local plan is to create a
blueprint to provide mental health services that are directed by
and responsive to the mental health needs of individuals in the
community served by the local plan.
(c) The local plan shall identify ways to:
(A) Coordinate and ensure accountability for all levels of care
described in paragraph (e) of this subsection;
(B) Maximize resources for consumers and minimize
administrative expenses;
(C) Provide supported employment and other vocational
opportunities for consumers;
(D) Determine the most appropriate service provider among a
range of qualified providers;
(E) Ensure that appropriate mental health referrals are made;
(F) Address local housing needs for persons with mental health
disorders;
(G) Develop a process for discharge from state and local
psychiatric hospitals and transition planning between levels of
care or components of the system of care;
(H) Provide peer support services, including but not limited to
drop-in centers and paid peer support;
(I) Provide transportation supports; and
(J) Coordinate services among the criminal and juvenile justice
systems, adult and juvenile corrections systems and local mental
health programs to ensure that persons with mental illness who
come into contact with the justice and corrections systems
receive needed care and to ensure continuity of services for
adults and juveniles leaving the corrections system.
(d) When developing a local plan, a local mental health
authority shall:
(A) Coordinate with the budgetary cycles of state and local
governments that provide the local mental health authority with
funding for mental health services;
(B) Involve consumers, advocates, families, service providers,
schools and other interested parties in the planning process;
(C) Coordinate with the local public safety coordinating
council to address the services described in paragraph (c)(J) of
this subsection;
(D) Conduct a population based needs assessment to determine
the types of services needed locally;
(E) Determine the ethnic, age-specific, cultural and diversity
needs of the population served by the local plan;
(F) Describe the anticipated outcomes of services and the
actions to be achieved in the local plan;
(G) Ensure that the local plan coordinates planning, funding
and services with:
(i) The educational needs of children, adults and older adults;
(ii) Providers of social supports, including but not limited to
housing, employment, transportation and education; and
(iii) Providers of physical health and medical services;
(H) Describe how funds, other than state resources, may be used
to support and implement the local plan;
(I) Demonstrate ways to integrate local services and
administrative functions in order to support integrated service
delivery in the local plan; and
(J) Involve the local mental health advisory committees
described in subsection (8) of this section.
(e) The local plan must describe how the local mental health
authority will ensure the delivery of and be accountable for
clinically appropriate services in a continuum of care based on
consumer needs. The local plan shall include, but not be limited
to, services providing the following levels of care:
(A) Twenty-four-hour crisis services;
(B) Secure and nonsecure extended psychiatric care;
(C) Secure and nonsecure acute psychiatric care;
(D) Twenty-four-hour supervised structured treatment;
(E) Psychiatric day treatment;
(F) Treatments that maximize client independence;
(G) Family and peer support and self-help services;
(H) Support services;
(I) Prevention and early intervention services;
(J) Transition assistance between levels of care;
(K) Dual diagnosis services;
(L) Access to placement in state-funded psychiatric hospital
beds;
(M) Precommitment and civil commitment in accordance with ORS
chapter 426; and
(N) Outreach to older adults at locations appropriate for
making contact with older adults, including senior centers, long
term care facilities and personal residences.
(f) In developing the part of the local plan referred to in
paragraph (c)(J) of this subsection, the local mental health
authority shall collaborate with the local public safety
coordinating council to address the following:
(A) Training for all law enforcement officers on ways to
recognize and interact with persons with mental illness, for the
purpose of diverting them from the criminal and juvenile justice
systems;
(B) Developing voluntary locked facilities for crisis treatment
and follow-up as an alternative to custodial arrests;
(C) Developing a plan for sharing a daily jail and juvenile
detention center custody roster and the identity of persons of
concern and offering mental health services to those in custody;
(D) Developing a voluntary diversion program to provide an
alternative for persons with mental illness in the criminal and
juvenile justice systems; and
(E) Developing mental health services, including housing, for
persons with mental illness prior to and upon release from
custody.
(g) Services described in the local plan shall:
(A) Address the vision, values and guiding principles described
in the Report to the Governor from the Mental Health Alignment
Workgroup, January 2001;
(B) Be provided to children, older adults and families as close
to their homes as possible;
(C) Be culturally appropriate and competent;
(D) Be, for children, older adults and adults with mental
health needs, from providers appropriate to deliver those
services;
(E) Be delivered in an integrated service delivery system with
integrated service sites or processes, and with the use of
integrated service teams;
(F) Ensure consumer choice among a range of qualified providers
in the community;
(G) Be distributed geographically;
(H) Involve consumers, families, clinicians, children and
schools in treatment as appropriate;
(I) Maximize early identification and early intervention;
(J) Ensure appropriate transition planning between providers
and service delivery systems, with an emphasis on transition
between children and adult mental health services;
(K) Be based on the ability of a client to pay;
(L) Be delivered collaboratively;
(M) Use age-appropriate, research-based quality indicators;
(N) Use best-practice innovations; and
(O) Be delivered using a community-based, multisystem approach.
(h) A local mental health authority shall submit to the Oregon
Health Authority a copy of the local plan and biennial revisions
adopted under paragraph (b) of this subsection at time intervals
established by the authority.
(i) { - Each local commission on children and families shall
reference - } The local plan for the delivery of mental health
services { + must be referenced + } in the local coordinated
comprehensive plan { - created pursuant to ORS 417.775 - } .
SECTION 91. ORS 431.385 is amended to read:
431.385. (1) The local public health authority shall submit an
annual plan to the Oregon Health Authority for performing
services pursuant to ORS 431.375 to 431.385 and 431.416. The
annual plan shall be submitted no later than May 1 of each year
or on a date mutually agreeable to the authority and the local
public health authority.
(2) If the local public health authority decides not to submit
an annual plan under the provisions of ORS 431.375 to 431.385 and
431.416, the authority shall become the local public health
authority for that county or health district.
(3) The authority shall review and approve or disapprove each
plan. Variances to the local public health plan must be approved
by the authority. In consultation with the Conference of Local
Health Officials, the authority shall establish the elements of a
plan and an appeals process whereby a local health authority may
obtain a hearing if its plan is disapproved.
(4) { - Each local commission on children and families shall
reference - } The local public health plan { + must be
referenced + } in the local coordinated comprehensive plan
{ - created pursuant to ORS 417.775 - } .
SECTION 92. { + The amendments to statutes by sections 62 to
91 of this 2011 Act become operative on June 30, 2012. + }
{ +
UNIT CAPTIONS + }
SECTION 93. { + The unit captions used in this 2011 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2011 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 94. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
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