Bill Text: OR HB3256 | 2011 | Regular Session | Engrossed

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Bill Title: Relating to commissions on children and families.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3256 Detail]

Download: Oregon-2011-HB3256-Engrossed.html

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     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 2354

                           A-Engrossed

                         House Bill 3256
                  Ordered by the House April 19
            Including House Amendments dated April 19

Sponsored by Representative KOTEK

                             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.

  Changes membership of State Commission on Children and
Families. Charges state commission with promoting best practices
at state and local level to prevent child abuse and neglect and
juvenile crime. Directs state commission to develop and
administer
  { - competitive grants to - }   { + funding through
performance-based contracts with + } local commissions. Directs
state commission to develop performance measures and outcomes.
Requires Governor to appoint Director of State Commission on
Children and Families, subject to Senate confirmation. Limits
state commission personnel budget to 10 percent of total budget.
Requires report to Governor and Legislative Assembly on or before
October 1 of each odd-numbered year.

                        A BILL FOR AN ACT
Relating to commissions on children and families; amending ORS
  181.725, 417.730, 417.735, 417.775, 417.797 and 417.845.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 417.730 is amended to read:
  417.730. (1) There is established a State Commission on
Children and Families consisting of:
    { - (a) The Director of Human Services; - }
    { - (b) The Superintendent of Public Instruction; - }
    { - (c) The Director of the Employment Department or, at the
Governor's direction, the chairperson of the Commission for Child
Care; - }
    { - (d) The Director of the Oregon Health Authority; - }
    { - (e) 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; - }
    { - (f) 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 - }
    { - (g) - }  { +  (a) + }   { - Twelve - }  { +  Thirteen
 + }members appointed by the Governor.
   { +  (b) Five ex officio, nonvoting members as follows:
  (A) The Director of Human Services;
  (B) The Superintendent of Public Instruction;
  (C) The Director of the Oregon Health Authority;
  (D) One member appointed by the President of the Senate, who
shall be a member of the Senate and who shall be an advisory
member; and
  (E) 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 an advisory member. + }
  (2) The appointments made by the Governor shall reflect the
state's diverse populations   { - and regions and shall include
representatives with expertise along the full developmental
continuum of a child from the prenatal stage through 18 years of
age - } . The members appointed by the Governor shall include:
    { - (a) One representative from the Oregon Juvenile
Department Directors' Association, from which the Governor may
solicit suggestions for appointment; - }
    { - (b) - }  { +  (a) + } Six public members who have
demonstrated interest in children, with consideration given to a
youth member and persons from the education community;
   { +  (b) Five public members:
  (A) One of whom shall demonstrate expertise in prevention of
child abuse and neglect;
  (B) One of whom shall demonstrate expertise in child
development for children ages birth to five years of age;
  (C) One of whom shall demonstrate expertise in high-risk youth
and their families;
  (D) One of whom shall demonstrate expertise in involvement with
the education community and improvement of high school graduation
rates; and
  (E) One of whom shall demonstrate expertise in improvement in
the financial stability of families; and + }
    { - (c) Two members from local commissions on children and
families, one from a rural area and one from an urban area; - }
    { - (d) One social service professional; and - }
    { - (e) - }  { +  (c) + } Two members from the business
community   { - who have demonstrated interest in children - } .
  (3) The term of office of each member appointed by the
Governor { + , the President of the Senate or the Speaker of the
House of Representatives + } is four years. Before the expiration
of the term of an appointed member, the   { - Governor - }  { +
appointing authority + } shall appoint a successor whose term
begins on October 1. An appointed member is eligible for
reappointment  { + for another four-year term + }. If there is a
vacancy in an appointed position for any cause, the
 { - Governor - }  { +  appointing authority + } shall make an
appointment to become immediately effective for the unexpired
term.
  (4) The appointments by the Governor to the state commission
are subject to confirmation by the Senate in the manner
prescribed in ORS 171.562 and 171.565.
  (5) An appointed member of the state commission who is not a
member of the Legislative Assembly is entitled to compensation
and expenses as provided in ORS 292.495. Members who are members
of the Legislative Assembly shall be paid compensation and
expense reimbursement as provided in ORS 171.072, payable from
funds appropriated to the Legislative Assembly.
  (6)(a) The   { - majority of the - }  members of the state
commission  { +  appointed by the Governor + } shall be
laypersons.
  (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.
  SECTION 2. ORS 417.735 is amended to read:
  417.735. (1) The State Commission on Children and Families
shall promote   { - the wellness of children and families at the
state level and shall act in accordance with the principles,
characteristics and values identified in ORS 417.708 to
417.725 - }  { +  best practices at the state and local level to
prevent child abuse and neglect and juvenile crime + }. The state
commission shall provide no direct services.
  (2)(a) Funds for local commissions shall consist of payments
from moneys appropriated for local commissions to the State
Commission on Children and Families by the Legislative Assembly.
The state commission shall develop   { - an equitable formula for
the distribution of funds to counties or regions for services for
children and families, and a minimum annual grant shall be
provided to each county or region - }  { +  and administer
funding through performance-based contracts with local
commissions to prevent child abuse and neglect and juvenile
crime. A minimum annual grant may be provided to each county or
region for basic administrative costs in an amount not to exceed
15 percent of funds awarded to each county or region + }.
  (b) The state commission shall provide technical assistance and
research-based information to local commissions to support the
  { - development of county goals, - }  { +  efforts of local
commissions to achieve + } performance measures and outcomes for
services and programs.
  (c) The state commission   { - may - }  { +  shall + } withhold
funds from a local commission if services and programs funded
through the local commission do not meet appropriate performance
measures and outcomes.
   { +  (3) The state commission shall develop performance
measures and outcomes for evaluating programs and services
implemented by the local commissions. + }
    { - (3) The state commission shall: - }
    { - (a) Set guidelines for the planning, coordination and
delivery of services by local commissions in partnership with
other planning bodies and agencies providing services for
children and families. The guidelines shall be consistent with
the key elements of the service system developed and implemented
under ORS 417.705 to 417.801. In conjunction with other planning
bodies and agencies providing social supports, the state
commission shall use the local coordinated comprehensive plans to
advise agencies, the Legislative Assembly and the Governor; - }
    { - (b) Advise the Legislative Assembly and the Governor
concerning possible solutions to problems facing children and
families; - }
    { - (c) In consultation with other agencies, identify
high-level and intermediate outcomes relating to children and
families and monitor the progress of local coordinated
comprehensive plans in meeting intermediate outcome targets; - }
    { - (d) Encourage the development of innovative projects,
based on proven practices of effectiveness, that benefit children
and families; - }
    { - (e) Ensure that all services for children and families
are integrated and evaluated according to their outcomes; - }
    { - (f) Compile, analyze and distribute information that
informs and supports statewide coordinated planning; - }
    { - (g) Establish a uniform system of reporting and
collecting statistical data from counties and other agencies
serving children and families; - }
    { - (h) Provide a process whereby the Department of Human
Services, Oregon Health Authority, Juvenile Crime Prevention
Advisory Committee, Oregon Youth Authority, Department of
Education, Department of Community Colleges and Workforce
Development, Employment Department, Housing and Community
Services Department and Oregon Business Development Department
review all findings from data collected by the local commissions
through the local coordinated comprehensive plans. The
information gathered in this review shall be considered by those

agencies in designing future economic resources and services and
in the coordination of services; - }
    { - (i) Make recommendations to the Commission for Child Care
for the development of the state's biennial child care plan;
and - }
    { - (j) Communicate information and policy advice on current
research and proven practices of effectiveness, from both inside
and outside the state, including successful local strategies, to
local commissions, the Governor, the Legislative Assembly, state
agencies and the public. The information shall include progress
in meeting intermediate outcome targets identified in the local
coordinated comprehensive plans. - }
    { - (4)(a) The state commission shall develop a review and
approval process for local coordinated comprehensive plans that
includes: - }
    { - (A) A requirement that the local plan has been approved
by the board or boards of county commissioners; - }
    { - (B) Assurance that the local plan meets essential
criteria and approval required by appropriate entities and meets
appropriate systems and planning connections; and - }
    { - (C) Review of state expenditures of resources allocated
to the local commissions on children and families. - }
    { - (b) The state commission shall develop the process under
this subsection in consultation with other entities involved in
the review and approval process. - }
    { - (c) The state commission shall act on any waiver request
from a local commission within 90 days after receipt of the
request. - }
    { - (d) The state commission may disapprove a local plan for
failure to address the elements described in paragraph (a) of
this subsection within 90 days after receipt of the request. - }
    { - (5) The state commission, in coordination with the local
commissions on children and families, shall: - }
    { - (a) Assist the local commissions in the development and
implementation of performance measures and outcomes for
evaluating services at the local level; - }
    { - (b) Monitor the progress in meeting intermediate outcome
targets in the local coordinated comprehensive plans; - }
    { - (c) In conjunction with the Department of Human Services
and using the staff resources and other resources of the state
commission, educate, inform and provide technical assistance to
local commissions, including but not limited to technical
assistance with: - }
    { - (A) Federal and state laws, regulations and rules, and
changes therein, governing the use of federal and state
funds; - }
    { - (B) Facilitation; - }
    { - (C) Planning; - }
    { - (D) Policy development; - }
    { - (E) Proven practices of effectiveness; - }
    { - (F) Local systems development; - }
    { - (G) Community problem solving and mobilization; and - }
    { - (H) Other services, as appropriate; - }
    { - (d) Conduct research and disseminate information to local
commissions on children and families; - }
    { - (e) Negotiate federal waivers in consultation with the
Department of Human Services; and - }
    { - (f) Develop a process for reviewing requests for waivers
from requirements of the state commission. Requests for waivers
shall be granted or denied as a part of the approval process for
a local coordinated comprehensive plan. The state commission
shall not grant a request for waiver that allows funds to be used
for any purpose other than early childhood prevention,
intervention and treatment programs. - }
    { - (6) - }  { +  (4) + }   { - The state commission shall
employ a staff director who - }  { +  The state commission shall
be under the supervision and control of the Director of the State
Commission on Children and Families. The Governor shall appoint
the director, subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565. The director may be removed
at any time at the pleasure of the Governor. The director + }
shall be responsible for hiring and supervising any additional
personnel necessary to assist the state commission in performing
its duties. The   { - staff - } director shall be responsible for
management functions of the state commission subject to policy
direction by the state commission. { +  The state commission's
personnel budget may not exceed 10 percent of the state
commission's total budget unless otherwise approved by the state
commission. + }
    { - (7) - }  { +  (5) + } To the extent that federal funding
is not jeopardized, the State Commission on Children and Families
shall enter into an interagency agreement with the Department of
Human Services in which they agree on a system to:
  (a) Distribute all Title XX Social Services Block Grant funds;
  (b) Ensure that federal and state requirements are met for
federal funds administered by the state commission; and
  (c) Carry out the necessary auditing, monitoring and
information requirements for federal funds distributed by the
state commission.
    { - (8) - }  { +  (6) + }   { - In addition to the authority
under subsection (5)(e) { +   + }of this section, - }  The state
commission may direct the Department of Human Services or the
appropriate state department providing services for children and
families to negotiate federal waivers. If the Department of Human
Services or any other state agency does not pursue a federal
waiver recommended by the state commission, the state commission
may ask the Governor to direct the Department of Human Services
or other state agency to apply for and negotiate the waiver.
    { - (9) - }  { +  (7) + } If the Department of Human Services
or any other state agency refuses to distribute state or federal
funds as requested by the state commission, the state commission
may ask the Governor to direct the Department of Human Services
or other state agency to distribute the funds.
    { - (10) The programs shall be funded as fully as possible by
Title XX of the federal Social Security Act, consistent with the
terms and conditions of the block grant program and the local
coordinated comprehensive plans that reflect community priorities
established by the local planning process. - }
    { - (11) In conjunction with the Department of Human
Services, the state commission, as soon as possible, shall
develop a plan to re-engineer and integrate the data processing
systems related to children's programs with the objective of
making management information more accessible. The state
commission shall make regular presentations to the Joint
Legislative Committee on Information Management and Technology on
its progress in developing and implementing the plan. - }
    { - (12) - }  { +  (8) + }   { - Before each regular session
of the Legislative Assembly, - }  The state commission shall
report  { - , - }  to the Governor and to the appropriate joint
interim committee as determined by the Speaker of the House of
Representatives and the President of the Senate,  { + on or
before October 1 of each odd-numbered year, regarding  + }the
following:
    { - (a) Any additional proposals contained in 'A Positive
Future for Oregon's Children and Families' by the 1991-1992
Oregon Children's Care Team Interim Task Force that should be
undertaken; - }
    { - (b) The status in all counties of local service systems
related to the health and wellness of children and the adequacy
of financial resources to deliver services; - }

    { - (c) The progress in achieving desired outcomes, including
but not limited to the statewide guidelines set by the state
commission under ORS 417.710 (1); - }
    { - (d) Barriers to achieving intermediate and high-level
outcome targets as identified in local coordinated comprehensive
plans; - }
    { - (e) Proposed solutions to barriers identified under
paragraph (d) of this subsection, including proven, effective and
innovative strategies; and - }
    { - (f) County and community mobilization to increase public
awareness and involvement and funding of community determined
priorities. - }
   { +  (a) The progress in achieving the performance measures
and outcomes developed under subsection (3) of this section;
  (b) Barriers to achieving the performance measures and outcomes
developed under subsection (3) of this section;
  (c) Proposed solutions to barriers identified under paragraph
(b) of this subsection, including proven, effective and
innovative strategies; and
  (d) Proposed prioritization of federal and state resources to
implement solutions identified under paragraph (c) of this
subsection, including the adequacy of existing financial
resources to implement the solutions. + }
    { - (13)(a) - }   { + (9)(a) + } The state commission may
solicit, accept and receive federal moneys or moneys or other
property from persons or corporations, public or private, for the
purpose of carrying out the provisions of ORS 417.705 to 417.801
and 419A.170.
  (b) All federal moneys collected or received under paragraph
(a) of this subsection shall be accepted and transferred or
expended by the state commission upon such terms and conditions
as are prescribed by the federal government.
  (c) All moneys and other property accepted by the state
commission under this subsection shall be transferred, expended
or used upon such terms and conditions as are prescribed by the
donor in a manner consistent with applicable law.
    { - (14) - }   { + (10) + } The state commission shall:
  (a) Implement the recommendations of the Juvenile Crime
Prevention Advisory Committee, as approved by the Governor; and
  (b) In cooperation with other state and federal agencies,
coordinate technical assistance efforts on a statewide and
county-specific basis relating to juvenile crime prevention
programs and services.
    { - (15) - }   { + (11) + } The state commission may contract
with local governments or other entities to administer juvenile
crime prevention programs and services. In accordance with the
applicable provisions of ORS chapter 183, the state commission
may adopt rules necessary for the administration of juvenile
crime prevention programs and services.
  SECTION 3. 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.
  (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 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 shall provide
staff support to the committee.
  SECTION 4. 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;
  (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 5. 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, 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. 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 ORS 417.777;
  (B) Local alcohol and other drug prevention and treatment plans
developed pursuant to section 1, chapter 856, Oregon Laws 2009;
  (C) Local service plans, developed pursuant to ORS 430.630, for
the delivery of mental health services for children and their
families;
  (D) Local public health plans, developed pursuant to 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 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 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 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 may disapprove 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
shall assist the local commission in remedying the deficiencies
in the planning process or the voluntary local early childhood
system plan. The state commission 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 by the local commission.
  (b) The state commission 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, 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 serves differ from those identified by the
state commission, it may ask the state commission to waive
specific requirements in its list of children's support areas.
The process for granting waivers shall be developed by the state
commission 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.
  (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 6. 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, 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. 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 ORS 417.777;
  (B) Local alcohol and other drug prevention and treatment plans
developed pursuant to section 1, chapter 856, Oregon Laws 2009;
  (C) Local service plans, developed pursuant to ORS 430.630, for
the delivery of mental health services for children and their
families;
  (D) Local public health plans, developed pursuant to 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 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 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 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 may disapprove 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
shall assist the local commission in remedying the deficiencies
in the planning process or the voluntary local early childhood
system plan. The state commission 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 by the local commission.
  (b) The state commission 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, 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 serves differ from those identified by the
state commission, it may ask the state commission to waive
specific requirements in its list of children's support areas.
The process for granting waivers shall be developed by the state
commission 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.

  (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 7. 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 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 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.
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