Bill Text: OR HB4082 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to court appointed special advocates; appropriating money; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2012-04-11 - Chapter 97, (2012 Laws): Effective date April 11, 2012. [HB4082 Detail]
Download: Oregon-2012-HB4082-Introduced.html
Bill Title: Relating to court appointed special advocates; appropriating money; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2012-04-11 - Chapter 97, (2012 Laws): Effective date April 11, 2012. [HB4082 Detail]
Download: Oregon-2012-HB4082-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 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 96
House Bill 4082
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Human
Services)
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 as
introduced.
Transfers authority over court appointed special advocates and
CASA Volunteer Programs from State Commission on Children and
Families to Oregon Volunteers Commission for Voluntary Action and
Service. Becomes operative on May 1, 2012.
Prescribes duties and responsibilities of Oregon Volunteers
Commission for Voluntary Action and Service. Requires commission
to contract with and disburse moneys to CASA Volunteer Programs.
Directs commission to present annual report to Legislative
Assembly.
Creates Court Appointed Special Advocate Fund and continuously
appropriates moneys in fund to Housing and Community Services
Department for Oregon Volunteers Commission for Voluntary Action
and Service for purpose of providing court appointed special
advocate services in state.
Repeals provisions regarding CASA Volunteer Programs and court
appointed special advocates on January 2, 2016.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to court appointed special advocates; creating new
provisions; amending ORS 131A.360, 342.176, 409.185, 417.707,
417.710, 417.720, 417.725, 417.735, 417.775, 417.780, 417.785,
418.517, 418.575, 418.580, 419A.004, 419A.098, 419A.255,
419A.256, 419B.005, 419B.015, 419B.035, 419B.395, 419B.470,
419B.875, 419C.285, 419C.626, 458.558, 458.568 and 609.652;
repealing ORS 419A.170; appropriating money; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + ORS 419A.170 is repealed. + }
SECTION 2. { + (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 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 in the Court Appointed
Special Advocate Fund established under section 5 of this 2012
Act. Funds from the Public Defense Services Account, or from
Judicial Department operating funds, may not 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, the
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 an order of the court.
(3) If a juvenile court does not have a sufficient number of
qualified court appointed special advocates available to it, the
court may, in fulfillment of the requirements of this section,
appoint a juvenile department employee or other suitable person
to represent the child or ward's interest in court pursuant to
ORS 419A.012 or 419B.195.
(4) Any person appointed as a court appointed special advocate
in any judicial proceeding on behalf of the child or ward is
immune from any liability for defamation or statements made in
good faith by that person, orally or in writing, in the course of
the case review or judicial proceeding.
(5) Any person appointed as a court appointed special advocate,
CASA Volunteer Program director, CASA Volunteer Program employee
or member of the board of directors or trustees of any CASA
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, the court 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 court
appointed special advocate services, including reasonable
attorney fees. The court's order of payment is enforceable in the
same manner as an order of support under ORS 419B.408.
(7) Upon presentation of the order of appointment by the court
appointed special advocate, any agency, hospital, school
organization, division, office or department of the state,
doctor, nurse or other health care provider, psychologist,
psychiatrist, police department or mental health clinic shall
permit the court appointed special advocate to inspect and copy,
and may consult with the court appointed special advocate
regarding, any records relating to the child or ward involved in
the case, without the consent of the child, ward or parents.
(8) All records and information acquired or reviewed by a court
appointed special advocate during the course of official duties
are deemed confidential under ORS 419A.255.
(9) For the purposes of a Child Abuse Prevention and Treatment
Act (42 U.S.C. 5101 et seq.) grant to this state under P.L.
93-247, or any related state or federal legislation, a court
appointed special advocate or other person appointed pursuant to
subsections (1) to (3) of this section is deemed a guardian ad
litem to represent the interests of the child or ward in
proceedings before the court. + }
SECTION 3. { + As used in ORS 458.558 and sections 2 and 4 of
this 2012 Act:
(1) 'CASA Volunteer Program' means a program that has entered
into a contract with the Oregon Volunteers Commission for
Voluntary Action and Service under section 4 of this 2012 Act to
recruit, train and supervise volunteers to serve as court
appointed special advocates.
(2) 'Court appointed special advocate' means a person in a CASA
Volunteer Program who is appointed by the court to act as a court
appointed special advocate pursuant to section 2 of this 2012
Act. + }
SECTION 4. { + (1) The Oregon Volunteers Commission for
Voluntary Action and Service shall:
(a) Contract with all CASA Volunteer Programs in this state to
recruit, train and supervise court appointed special advocates.
(b) Disburse and expend moneys in the Court Appointed Special
Advocate Fund established under section 5 of this 2012 Act for
the purposes set forth in this section and section 2 of this 2012
Act.
(c) Work to ensure the provision of court appointed special
advocate services throughout this state in a uniform, consistent
and cost-efficient manner.
(d) Adopt policies, procedures, standards and guidelines
regarding the provision of court appointed special advocate
services.
(e) Develop and provide training and education for court
appointed special advocates and employees and other volunteers in
CASA Volunteer Programs.
(f) Identify statewide outcome or performance measures for CASA
Volunteer Programs.
(g) Collect, evaluate and summarize data regarding CASA
Volunteer Programs and court appointed special advocate services
in this state.
(h) Adopt rules for carrying out the commission's
responsibilities, duties and functions under this section and
section 2 of this 2012 Act.
(2) The commission may:
(a) Delegate to public agencies or private nonprofit
organizations the responsibility to, or contract with public
agencies or private nonprofit organizations to:
(A) Create, supervise and operate CASA Volunteer Programs
throughout this state; and
(B) Develop and provide training for court appointed special
advocates and employees and volunteers of CASA Volunteer
Programs.
(b) Consult with public agencies or private nonprofit
organizations for the purpose of developing:
(A) An allocation formula for the disbursement of moneys to
CASA Volunteer Programs in this state; and
(B) Policies, procedures, standards and guidelines regarding
the provision of court appointed special advocate services in
this state.
(c) Apply for and receive funds from state, federal and private
sources for CASA Volunteer Programs and the provision of court
appointed special advocate services in this state.
(3) The commission shall report annually to committees or
interim committees of the Legislative Assembly related to the
provision of court appointed special advocate services regarding
the disbursement of moneys in the Court Appointed Special
Advocate Fund established under section 5 of this 2012 Act, the
extent to which statewide outcome or performance measures
identified under subsection (1)(f) of this section are being met
and the current status of court appointed special advocate
services provided in this state. + }
SECTION 5. { + (1) The Court Appointed Special Advocate Fund
is created within the State Treasury, separate and distinct from
the General Fund. Interest earned by the Court Appointed Special
Advocate Fund shall be credited to the fund.
(2) Moneys in the Court Appointed Special Advocate Fund shall
consist of:
(a) Amounts appropriated or otherwise transferred to the fund
by the Legislative Assembly;
(b) Amounts received from state, federal and private sources;
(c) Amounts donated to the fund; and
(d) Other amounts deposited in the fund from any source.
(3) Moneys in the fund are continuously appropriated to the
Housing and Community Services Department for the Oregon
Volunteers Commission for Voluntary Action and Service
established under ORS 458.555 for the purpose of carrying out the
provisions of sections 2 and 4 of this 2012 Act.
(4) The department may use moneys in the fund to pay the
administrative costs of the commission associated with the fund
and with carrying out the provisions of sections 2 and 4 of this
2012 Act. + }
SECTION 6. ORS 458.558 is amended to read:
458.558. (1) The members of the Oregon Volunteers Commission
for Voluntary Action and Service must be citizens of this state
who have a proven commitment to community service and who have a
demonstrated interest in fostering and nurturing citizen
involvement as a strategy for strengthening communities and
promoting the ethic of service in all sectors of this state.
(2) The Governor shall appoint as members of the commission at
least one of each of the following:
(a) An individual with experience in educational, training and
development needs of youth, particularly disadvantaged youth.
(b) An individual with experience in promoting involvement of
older adults in service and volunteerism.
(c) A representative of community-based agencies or
organizations within this state.
(d) The Deputy Superintendent of Public Instruction or
designee.
(e) A representative of local governments in this state.
(f) A representative of local labor unions in this state.
(g) A representative of business.
(h) A person at least 16, but not more than 25, years of age
who is a participant or supervisor in a national service program.
(i) A representative of a national service program described in
42 U.S.C. 12572(a).
(3) In addition to appointing members under subsection (2) of
this section, the Governor may appoint as members individuals
from the following groups:
(a) Educators.
(b) Experts in the delivery of human, educational,
environmental or public safety services to communities and
individuals.
(c) Members of Native American tribes.
(d) At-risk youths who are out of school.
(e) Entities that receive assistance under the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).
{ + (f) A director or representative of a CASA Volunteer
Program.
(g) A court appointed special advocate. + }
(4) In making appointments of members described in subsections
(2) and (3) of this section, the Governor shall ensure that:
(a) No more than 50 percent of the appointed members are from
the same political party; and
(b) No more than 25 percent of the appointed members are state
employees.
SECTION 7. ORS 458.568 is amended to read:
458.568. The Oregon Volunteers Commission for Voluntary Action
and Service shall:
(1) Develop programs and provide oversight and administration
of programs granted to this state by the Corporation for National
and Community Service under the National and Community Service
Trust Act of 1993, as amended, (P.L. 103-82).
(2) Prepare state applications to the Corporation for National
and Community Service for financial assistance for state-based
service programs.
(3) Develop a statewide plan that is designed to meet or exceed
the Oregon benchmark on volunteerism.
(4) Develop projects, training methods, curriculum materials
and other materials and activities related to state service
programs that receive assistance directly from the Corporation
for National and Community Service.
(5) To engage citizens in service and to strengthen
communities, create statewide access for all Oregon citizens to a
variety of volunteer opportunities by:
(a) Evaluating the status of volunteerism in the public,
private and nonprofit sectors of this state;
(b) Examining methods to strengthen the capacity of volunteer
organizations to support citizen involvement; and
(c) Educating all citizens about the importance of citizen
involvement and voluntary action.
(6) Encourage youth and young adults to engage in their
communities through voluntary action by:
(a) Assisting efforts to inform young Oregonians about
opportunities for involvement in the public, private and
nonprofit sectors;
(b) Promoting the value of service learning as an educational
strategy in the kindergarten through higher educational systems;
and
(c) Collaborating with groups to advocate for youth voice in
the public, private and nonprofit governing structures.
(7) Promote recognition of volunteerism and service into the
daily operation of public, private and nonprofit sectors
throughout the state by:
(a) Promoting a statewide volunteer recognition plan open to
all sectors; and
(b) Assisting efforts by Oregon communities to encourage
citizen involvement in volunteerism.
{ + (8) Implement the provisions of sections 2 and 4 of this
2012 Act. + }
{ - (8) - } { + (9) + } Biennially submit a report to the
Governor and the Legislative Assembly as provided under ORS
192.230 to 192.245:
(a) Detailing commission activities during the preceding
two-year period;
(b) Reviewing and summarizing, to the extent the commission
deems relevant, the content of reports accepted by the commission
on behalf of the Governor;
(c) Assessing the state of volunteerism in Oregon; and
(d) Containing specific recommendations for any additional
legislation the commission deems necessary to carry out the
purpose of the Oregon Volunteer and Community Service Act or to
improve the effectiveness or efficiency of the commission.
SECTION 8. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Housing and Community
Services Department, for the biennium beginning July 1, 2011, out
of the General Fund, the amount of $___, for distribution to the
Oregon Volunteers Commission for Voluntary Action and Service for
the purpose of implementing the provisions of sections 2 and 4 of
this 2012 Act. + }
SECTION 9. { + Sections 2, 3, 4 and 5 of this 2012 Act are
repealed on January 2, 2016. + }
SECTION 10. { + Any unexpended moneys remaining in the Court
Appointed Special Advocate Fund established under section 5 of
this 2012 Act on January 2, 2016, shall be transferred to the
General Fund. + }
{ +
TRANSFER OF AUTHORITY FROM + }
{ +
STATE COMMISSION ON CHILDREN AND FAMILIES + }
{ +
TO OREGON VOLUNTEERS COMMISSION + }
{ +
FOR VOLUNTARY ACTION AND SERVICE + }
SECTION 11. { + All the duties, functions and powers of the
State Commission on Children and Families relating to the
creation, supervision and operation of CASA Volunteer Programs
under ORS 419A.170, as that statute was in effect before the
operative date of this section, are imposed upon, transferred to
and vested in the Oregon Volunteers Commission for Voluntary
Action and Service established under ORS 458.555. + }
{ +
RECORDS AND PROPERTY + }
SECTION 12. { + The staff director of the State Commission on
Children and Families shall deliver to the director of the Oregon
Volunteers Commission for Voluntary Action and Service all
records and property within the jurisdiction of the staff
director that relate to the duties, functions and powers
transferred by section 11 of this 2012 Act, and the director of
the Oregon Volunteers Commission for Voluntary Action and Service
shall take possession of the records and property transferred
under this section. + }
{ +
UNEXPENDED REVENUES + }
SECTION 13. { + (1) The unexpended balances of amounts
authorized to be expended by the State Commission on Children and
Families for the biennium beginning July 1, 2011, from revenues
dedicated, continuously appropriated, appropriated or otherwise
made available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 11 of this
2012 Act are transferred to and are available for expenditure by
the Housing and Community Services Department for the Oregon
Volunteers Commission for Voluntary Action and Service for the
biennium beginning July 1, 2011, for the purpose of administering
and enforcing the duties, functions and powers of the department
and the Oregon Volunteers Commission for Voluntary Action and
Service under sections 2, 4 and 5 of this 2012 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the State Commission
on Children and Families remain applicable to expenditures by the
Housing and Community Services Department for the Oregon
Volunteers Commission for Voluntary Action and Service under this
section. + }
{ +
ACTIONS, PROCEEDINGS, PROSECUTIONS + }
SECTION 14. { + The transfer of duties, functions and powers
to the Oregon Volunteers Commission for Voluntary Action and
Service by section 11 of this 2012 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 Oregon Volunteers
Commission for Voluntary Action and Service is substituted for
the State Commission on Children and Families in the action,
proceeding or prosecution. + }
{ +
LIABILITIES, DUTIES, OBLIGATIONS + }
SECTION 15. { + (1) Nothing in sections 11 to 18 of this 2012
Act relieves a person of a liability, duty or obligation accruing
under or with respect to the duties, functions and powers
transferred by section 11 of this 2012 Act. The Oregon Volunteers
Commission for Voluntary Action and Service 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 11 of this 2012 Act are transferred
to the Oregon Volunteers Commission for Voluntary Action and
Service. For the purpose of succession to these rights and
obligations, the Oregon Volunteers Commission for Voluntary
Action and Service is a continuation of the State Commission on
Children and Families and not a new authority. + }
{ +
RULES + }
SECTION 16. { + Notwithstanding the transfer of duties,
functions and powers by section 11 of this 2012 Act, the rules of
the State Commission on Children and Families with respect to
such duties, functions or powers that are in effect on the
operative date of section 11 of this 2012 Act continue in effect
until superseded or repealed by rules of the Oregon Volunteers
Commission for Voluntary Action and Service. References in such
rules of the State Commission on Children and Families to the
State Commission on Children and Families or an officer or
employee of the State Commission on Children and Families are
considered to be references to the Oregon Volunteers Commission
for Voluntary Action and Service or an officer or employee of the
Oregon Volunteers Commission for Voluntary Action and
Service. + }
SECTION 17. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 11 of
this 2012 Act, reference is made to the State Commission on
Children and Families or an officer or employee of the State
Commission on Children and Families whose duties, functions or
powers are transferred by section 11 of this 2012 Act, the
reference is considered to be a reference to the Oregon
Volunteers Commission for Voluntary Action and Service or an
officer or employee of the Oregon Volunteers Commission for
Voluntary Action and Service who by this 2012 Act is charged with
carrying out such duties, functions and powers. + }
{ +
CONFORMING AMENDMENTS RELATING TO + }
{ +
TRANSFER OF AUTHORITY + }
{ +
(Operative May 1, 2012) + }
SECTION 18. 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 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;
(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;
(f) Drug treatment and programs that support drug treatment;
and
(g) A { - Court Appointed Special Advocate - } { + CASA + }
Volunteer Program { + as defined in section 3 of this 2012
Act + }.
(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 19. ORS 409.185 is amended to read:
409.185. (1) The Director of Human Services shall oversee the
development of standards and procedures for assessment,
investigation and enforcement of child protective services.
(2)(a) The Department of Human Services shall take action to
implement the provision of child protective services as outlined
in ORS 417.705 to 417.800 { - and 419A.170 - } and based on
the recommendations in the 1992 'Oregon Child Protective Services
Performance Study' published by the University of Southern Maine.
(b) In all substantiated cases of child abuse and neglect, the
role of the department is to complete a comprehensive family
assessment of risk of abuse or neglect, or both, assess service
needs and provide immediate protective services as necessary.
(c) The department shall provide remedial services needed to
ensure the safety of the child.
(d) In all cases of child abuse and neglect for which a
criminal investigation is conducted, the role of law enforcement
agencies is to provide a legally sound, child sensitive
investigation of whether abuse or neglect or both have occurred
and to gather other evidence and perform other responsibilities
in accordance with interagency agreements.
(e) The department and law enforcement agencies shall conduct
the investigation and assessment concurrently, based upon the
protocols and procedures of the county multidisciplinary child
abuse team in each jurisdiction.
(f) When the department and law enforcement agencies conduct a
joint investigation and assessment, the activities of the
department and agencies are to be clearly differentiated by the
protocols of the county multidisciplinary child abuse team.
(g) Nothing in this subsection is intended to be inconsistent
with ORS 418.702, 418.747 and 418.748 and ORS chapter 419B.
(h) In all cases of child abuse for which an investigation is
conducted, the department shall provide a child's parent,
guardian or caregiver with a clear written explanation of the
investigation process, the court hearing process and the rights
of the parent, guardian or caregiver in the abuse investigation
and in the court proceedings related to the abuse investigation.
(3) Upon receipt of a recommendation of the Children's Advocate
under ORS 417.815 (2)(e), the department shall implement the
recommendation or give the Children's Advocate written notice of
an intent not to implement the recommendation.
SECTION 20. ORS 417.707 is amended to read:
417.707. The purpose of ORS 417.705 to 417.800 { - and
419A.170 - } , as described in ORS 417.708 to 417.725, shall be
implemented by all state agencies providing services for children
and families to guide the providing of those services.
SECTION 21. 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 417.800 { - and
419A.170 - } , it is the purpose of ORS 417.705 to 417.800
{ - and 419A.170 - } to:
(1) Authorize the State Commission on Children and Families 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 417.800
{ - 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 22. ORS 417.720 is amended to read:
417.720. The characteristics of the service system developed
and implemented under ORS 417.705 to 417.800 { - and
419A.170 - } are that the system:
(1) Is nonstigmatizing;
(2) Is available and accessible when needed and is based on the
perspective of children and families and, whenever possible,
allows families to design their own service programs, based on
assessment of their needs and their solutions and resources for
change;
(3) Is outcome-oriented;
(4) Is integrated;
(5) Recognizes the contributions of the system's workers;
(6) Promotes in the community a sense of responsibility for
self and others and is committed to the well-being of children as
well as support for families;
(7) Emphasizes local planning for children and families and
integrates local needs with statewide goals;
(8) Provides services locally in a process that encourages
partnerships, alliances and efficient use of resources; and
(9) Provides local service delivery systems that build on the
unique strengths of the county or community.
SECTION 23. ORS 417.725 is amended to read:
417.725. (1) Key elements of the service system developed and
implemented under ORS 417.705 to 417.800 { - 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 24. 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.
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.
(b) The state commission shall provide technical assistance and
research-based information to local commissions to support the
development of county goals, performance measures and outcomes
for services and programs.
(c) The state commission may 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:
(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 417.800. 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) The state commission shall employ a staff director who
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.
(7) 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) 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) 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) Before each odd-numbered year 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, 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.
(13)(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 417.800 { - 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) 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) 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 25. 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 and tribal-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 417.800 { - 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 ORS 430.242;
(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 ORS 430.242;
(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 417.800 { - 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.
(17) Alcohol and drug prevention and treatment services
included in the local coordinated comprehensive plan must meet
minimum standards adopted by the Oregon Health Authority under
ORS 430.357.
SECTION 26. 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 417.800 { - 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 may waive the
requirements of this section in approving the local coordinated
comprehensive plan.
SECTION 27. ORS 417.785 is amended to read:
417.785. A local commission is the recommended local structure
for implementation of ORS 417.705 to 417.800 { - 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.
SECTION 28. ORS 418.575 is amended to read:
418.575. As used in ORS 418.575 to 418.598:
(1) 'Child' means a child who qualifies for child welfare
services provided by the Department of Human Services.
(2) 'Client-focused functional outcome measures' means
objective, observable measures of outcomes for services provided
to a child and a child's family under ORS 418.575 to 418.598,
including but not limited to measures relating to permanency.
(3) 'County partners' means employees or representatives of the
Department of Human Services, the county, court appointed special
advocates under { - ORS 419A.170 - } { + section 2 of this
2012 Act + }, drug and alcohol treatment providers, mental health
providers, providers of affordable housing and other persons or
entities that provide services to children and families within a
county of this state.
(4) 'Family' means, at a minimum but not to the exclusion of
siblings as defined in ORS 419A.004 or other persons living in
the same household with a child, the child and:
(a) The child's parent as defined in ORS 419A.004;
(b) The child's guardian appointed pursuant to ORS chapter 125;
or
(c) A person who has a caregiver relationship as defined in ORS
419B.116 with the child.
(5) 'Intensive in-home services' means services that keep a
child and family together in the child's and family's home with a
goal of 24-hour on-call support while the child and the child's
family engage in family strengthening activities and receive
appropriate mental health and addiction treatment and other
intensive support interventions.
(6) 'Performance-based contract' means a contract entered into
under ORS 418.580 that:
(a) Requires a program to demonstrate successful child-driven
outcomes when compared to alternative placement options and
long-term cost savings; and
(b) Bases termination or renewal of the contract on
demonstration of the factors described in paragraph (a) of this
subsection.
(7) 'Program' means a Strengthening, Preserving and Reunifying
Families program described in ORS 418.580.
SECTION 29. ORS 418.580 is amended to read:
418.580. (1) By October 1, 2012, and to the extent practicable
using available resources, the Department of Human Services and
county partners shall implement Strengthening, Preserving and
Reunifying Families programs as described in this section. County
partners are encouraged to form collaborations with programs to
design, oversee and participate in program development and
implementation as appropriate. The department shall be the lead
agency in efforts undertaken pursuant to this section, but all
officers, boards, commissions and other agencies of the State of
Oregon shall cooperate with the department to accomplish the
duties imposed on the department by ORS 418.575 to 418.598 and to
allocate services provided by programs as described in this
section.
(2)(a) The Director of Human Services or the director's
designee, the Director of the Oregon Health Authority or the
director's designee or the Director of the Housing and Community
Services Department or the director's designee shall enter into a
contract with, and make reasonable payment for services provided
by, a program in accordance with ORS 418.575 to 418.598, and
shall, where necessary, enter into contracts with a lead agency
or with county and community entities that have been designated
by the county partners to coordinate services provided under this
section.
(b) A contract entered into under this subsection shall require
only those services that are reasonably available in the county
or region where the program is or will be providing services.
Services may or may not be located in a given county or region.
(c) At the election of any director or director's designee, a
contract entered into under this subsection may be a
performance-based contract.
(3) The programs implemented under this section shall provide
an array of services. Depending on resources and availability,
the services provided may include but are not limited to the
following:
(a) Front end intervention services that include alcohol and
drug treatment providers or mental health providers accompanying
department caseworkers on initial calls and visits in response to
allegations or reports of abuse or neglect. County partners shall
participate in assessments to determine the appropriateness and
level of program services required for a child and the child's
family, the creation of safety plans to enable the provision of
in-home services if appropriate and the development of family
preservation and reunification plans for presentation to the
juvenile court.
(b) Residential treatment whereby a member of a child's family
with care, custody or control of the child enters a treatment
facility accompanied by the child with 24-hour supervision while
the child and the member of the child's family engage in family
strengthening activities and receive appropriate mental health
and addiction treatment support and services.
(c) Supervised housing whereby a child and the child's family
remain together in program housing while they participate in
family strengthening activities, receive mental health and
addiction support and services and have the appropriate level of
supervision to ensure the physical health, care and safety of the
child.
(d) Family-centered day and outpatient treatment services,
either after completion of residential treatment or in lieu of
residential treatment, designed specifically for
substance-abusing parents of children involved in the child
welfare system.
(e) Intensive in-home services while the child and family
engage in family strengthening activities.
(f) Facilitation of regular contact between a child and the
child's family, if separation has occurred, to facilitate an
easier, quicker and more successful transition of the child back
into the family home.
(g) Case managers who provide child and family supervision,
assistance identifying and accessing needed services, observation
and monitoring of parenting behavior, assistance with life skills
development and assistance in removing barriers to system
independence.
(h) Immediate access to supervised drug-free emergency and
short-term housing.
(i) Access to permanent, drug-free housing with on-site case
managers and access to supportive services that increase
stability for a child and the child's family.
(j) Family finding services to identify extended family members
to provide additional support, resources and alternative
placement options if necessary.
(k) Services of a court appointed special advocate appointed
{ - pursuant to ORS 419A.170 - } { + under section 2 of this
2012 Act + } where available.
(L) Other services and interventions as programs evolve,
research develops and funding becomes available.
(4) The services provided by programs must be culturally
competent and include evidence-informed or evidence-based
practices.
(5) The department shall establish by rule client-focused
functional outcome measures for programs implemented under this
section.
(6) Client-focused functional outcome measures may be used as a
basis for funding programs and entering into or renewing
contracts with programs.
(7) Programs shall develop and implement training and
continuing education curricula for persons delivering program
services and, when adequate funding exists, sponsor the
attendance of service providers at state or national training
programs, conferences or other similar events.
(8) Programs may seek funds from public and private sources to:
(a) Meet match requirements for state or federal grants to
support the provision of program services;
(b) Implement and operate the training and educational
requirements of subsection (7) of this section; and
(c) Provide financial resources for the hiring of personnel and
the provision of existing or enhanced program services.
(9) The department, in consultation with programs, shall report
annually to the Governor and the appropriate interim committees
of the Legislative Assembly that address child welfare issues on
the progress toward and projected costs of full implementation of
ORS 418.575 to 418.598.
SECTION 30. ORS 419A.004 is amended to read:
419A.004. As used in this chapter and ORS chapters 419B and
419C, unless the context requires otherwise:
(1) 'CASA Volunteer Program' means a program { - approved or
sanctioned by the juvenile court - } { + that has entered into
a contract with the Oregon Volunteers Commission for Voluntary
Action and Service under section 4 of this 2012 Act + } to
recruit, train and supervise { - volunteer persons - }
{ + volunteers + } to serve as court appointed special
advocates.
(2) 'Child care center' means a residential facility for wards
or youth offenders that is licensed under the provisions of ORS
418.240.
(3) 'Community service' has the meaning given that term in ORS
137.126.
(4) 'Conflict of interest' means a person appointed to a local
citizen review board who has a personal or pecuniary interest in
a case being reviewed by that board.
(5) 'Counselor' means a juvenile department counselor or a
county juvenile probation officer.
(6) 'Court' means the juvenile court.
(7) 'Court appointed special advocate' { - or 'CASA' - }
means a person { + in a CASA Volunteer Program who is + }
appointed by the court { - pursuant to a CASA Volunteer Program
to act as special advocate pursuant to ORS 419A.170 - } { + to
act as a court appointed special advocate pursuant to section 2
of this 2012 Act + }.
(8) 'Court facility' has the meaning given that term in ORS
166.360.
(9) 'Department' means the Department of Human Services.
(10) 'Detention' or 'detention facility' means a facility
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063 for the detention of children, wards, youths or youth
offenders pursuant to a judicial commitment or order.
(11) 'Director' means the director of a juvenile department
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063.
(12) 'Guardian' means guardian of the person and not guardian
of the estate.
(13) 'Indian child' means any unmarried person less than 18
years of age who is:
(a) A member of an Indian tribe; or
(b) Eligible for membership in an Indian tribe and is the
biological child of a member of an Indian tribe.
(14) 'Juvenile court' means the court having jurisdiction of
juvenile matters in the several counties of this state.
(15) 'Local citizen review board' means the board specified by
ORS 419A.090 and 419A.092.
(16) 'Parent' means the biological or adoptive mother and the
legal father of the child, ward, youth or youth offender. As used
in this subsection, 'legal father' means:
(a) A man who has adopted the child, ward, youth or youth
offender or whose paternity has been established or declared
under ORS 109.070 or 416.400 to 416.465 or by a juvenile court;
and
(b) In cases in which the Indian Child Welfare Act applies, a
man who is a father under applicable tribal law.
(17) 'Permanent foster care' means an out-of-home placement in
which there is a long-term contractual foster care agreement
between the foster parents and the department that is approved by
the juvenile court and in which the foster parents commit to
raise a ward in substitute care or youth offender until the age
of majority.
(18) 'Planned permanent living arrangement' means an
out-of-home placement other than by adoption, placement with a
relative or placement with a legal guardian that is consistent
with the case plan and in the best interests of the ward.
(19) 'Public building' has the meaning given that term in ORS
166.360.
(20) 'Reasonable time' means a period of time that is
reasonable given a child or ward's emotional and developmental
needs and ability to form and maintain lasting attachments.
(21) 'Records' means any information in written form, pictures,
photographs, charts, graphs, recordings or documents pertaining
to a case.
(22) 'Resides' or 'residence,' when used in reference to the
residence of a child, ward, youth or youth offender, means the
place where the child, ward, youth or youth offender is actually
living or the jurisdiction in which wardship or jurisdiction has
been established.
(23) 'Restitution' has the meaning given that term in ORS
137.103.
(24) 'Serious physical injury' means:
(a) A serious physical injury as defined in ORS 161.015; or
(b) A physical injury that:
(A) Has a permanent or protracted significant effect on a
child's daily activities;
(B) Results in substantial and recurring pain; or
(C) In the case of a child under 10 years of age, is a broken
bone.
(25) 'Shelter care' means a home or other facility suitable for
the safekeeping of a child, ward, youth or youth offender who is
taken into temporary custody pending investigation and
disposition.
(26) 'Short-term detention facility' means a facility
established under ORS 419A.050 (3) for holding children, youths
and youth offenders pending further placement.
(27) 'Sibling' means one of two or more children or wards
related:
(a) By blood or adoption through a common legal parent; or
(b) Through the marriage of the children's or wards' legal or
biological parents.
(28) 'Substitute care' means an out-of-home placement directly
supervised by the department or other agency, including placement
in a foster family home, group home or other child caring
institution or facility. 'Substitute care' does not include care
in:
(a) A detention facility, forestry camp or youth correction
facility;
(b) A family home that the court has approved as a ward's
permanent placement, when a private child caring agency has been
appointed guardian of the ward and when the ward's care is
entirely privately financed; or
(c) In-home placement subject to conditions or limitations.
(29) 'Surrogate' means a person appointed by the court to
protect the right of the child, ward, youth or youth offender to
receive procedural safeguards with respect to the provision of
free appropriate public education.
(30) 'Tribal court' means a court with jurisdiction over child
custody proceedings and that is either a Court of Indian
Offenses, a court established and operated under the code of
custom of an Indian tribe or any other administrative body of a
tribe that is vested with authority over child custody
proceedings.
(31) 'Victim' means any person determined by the district
attorney, the juvenile department or the court to have suffered
direct financial, psychological or physical harm as a result of
the act that has brought the youth or youth offender before the
juvenile court. When the victim is a minor, 'victim' includes the
legal guardian of the minor. The youth or youth offender may not
be considered the victim. When the victim of the crime cannot be
determined, the people of Oregon, as represented by the district
attorney, are considered the victims.
(32) 'Violent felony' means any offense that, if committed by
an adult, would constitute a felony and:
(a) Involves actual or threatened serious physical injury to a
victim; or
(b) Is a sexual offense. As used in this paragraph, 'sexual
offense' has the meaning given the term 'sex crime' in ORS
181.594.
(33) 'Ward' means a person within the jurisdiction of the
juvenile court under ORS 419B.100.
(34) 'Young person' means a person who has been found
responsible except for insanity under ORS 419C.411 and placed
under the jurisdiction of the Psychiatric Security Review Board.
(35) 'Youth' means a person under 18 years of age who is
alleged to have committed an act that is a violation, or, if done
by an adult would constitute a violation, of a law or ordinance
of the United States or a state, county or city.
(36) 'Youth care center' has the meaning given that term in ORS
420.855.
(37) 'Youth offender' means a person who has been found to be
within the jurisdiction of the juvenile court under ORS 419C.005
for an act committed when the person was under 18 years of age.
{ +
OPERATIVE DATE RELATING TO + }
{ +
TRANSFER OF AUTHORITY + }
SECTION 31. { + Sections 2 to 5 and 11 to 17 of this 2012 Act,
the amendments to ORS 131A.360, 409.185, 417.707, 417.710,
417.720, 417.725, 417.735, 417.775, 417.780, 417.785, 418.575,
418.580, 419A.004, 458.558 and 458.568 by sections 6, 7 and 18 to
30 of this 2012 Act and the repeal of ORS 419A.170 by section 1
of this 2012 Act become operative on May 1, 2012. + }
{ +
CONFORMING AMENDMENTS RELATING TO + }
{ +
REPEAL OF CASA PROVISIONS + }
{ +
(Operative January 2, 2016) + }
SECTION 32. ORS 131A.360, as amended by section 18 of this 2012
Act, 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 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;
(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; { + and + }
(f) Drug treatment and programs that support drug
treatment { + . + } { - ; and - }
{ - (g) A CASA Volunteer Program as defined in section 3 of
this 2012 Act. - }
(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 33. ORS 418.517 is amended to read:
418.517. (1) As used in this section:
(a) 'Medically accepted indication' means any use for a covered
outpatient drug that is approved under the Federal Food, Drug and
Cosmetic Act, or recommended by the Pharmacy and Therapeutics
Committee created by ORS 414.353, or the use of which is
supported by one or more citations included or approved for
inclusion in any of the following compendia:
(A) American Hospital Formulary Service drug information;
(B) United States Pharmacopoeia drug information or any
successor publication;
(C) The DRUGDEX Information System; or
(D) Peer-reviewed medical literature.
(b) 'Psychotropic medication' means medication the prescribed
intent of which is to affect or alter thought processes, mood or
behavior, including but not limited to antipsychotic,
antidepressant and anxiolytic medication and behavior
medications. The classification of a medication depends upon its
stated intended effect when prescribed, because it may have many
different effects.
(2) The Department of Human Services shall develop by rule
procedures for the use of psychotropic medications for children
placed in foster care by the department.
(3) The procedures shall include but not be limited to:
(a) Required assessment by a qualified mental health
professional or licensed medical professional, with expertise in
children's mental health, as defined by rule of the department
prior to issuance of a new prescription for more than one
psychotropic medication or any antipsychotic medication, except
in case of urgent medical need as defined by rule.
(b) Required notice by the foster parent to the department
within one working day after receiving a new prescription of the
psychotropic medication.
(c) Required timely notice by the department to the child's
parent and the parent's legal representative, if any, and
{ + to + } the child's legal representative { + , if any, + }
{ - or the court appointed special advocate - } containing the
following information:
(A) The prescribed psychotropic medication;
(B) The amount of the dosage;
(C) The dosage recommended pursuant to a medically accepted
indication;
(D) The reason for the medication;
(E) The efficacy of the medication; and
(F) The side effects of the medication.
(d) Specified follow-up and monitoring by the department of a
child taking psychotropic medication including, but not limited
to, an annual review of medications by a licensed medical
professional, or qualified mental health professional with
authority to prescribe drugs, other than the prescriber, if the
child has more than two prescriptions for psychotropic
medications or if the child is under the age of six years.
(4) A psychotropic medication may not be prescribed for a child
under this section unless it is used for a medically accepted
indication that is age appropriate.
(5) Any parent, legal representative of the parent { - , - }
{ + or + } legal representative of the child { - or court
appointed special advocate - } may petition the juvenile court
for a hearing if the parent, the representative of the parent, if
any, { + or + } the legal representative of the child { + , if
any, + } { - or the advocate - } objects to the use of or the
prescribed dosage of the psychotropic medication. The court may
order an independent evaluation of the need for or the prescribed
dosage of the medication. The court may order that administration
of the medication be discontinued or the prescribed dosage be
modified upon a showing that either the prescribed medication or
the dosage, or both, are inappropriate.
SECTION 34. ORS 418.575, as amended by section 28 of this 2012
Act, is amended to read:
418.575. As used in ORS 418.575 to 418.598:
(1) 'Child' means a child who qualifies for child welfare
services provided by the Department of Human Services.
(2) 'Client-focused functional outcome measures' means
objective, observable measures of outcomes for services provided
to a child and a child's family under ORS 418.575 to 418.598,
including but not limited to measures relating to permanency.
(3) 'County partners' means employees or representatives of the
Department of Human Services, the county, { - court appointed
special advocates under section 2 of this 2012 Act, - } drug and
alcohol treatment providers, mental health providers, providers
of affordable housing and other persons or entities that provide
services to children and families within a county of this state.
(4) 'Family' means, at a minimum but not to the exclusion of
siblings as defined in ORS 419A.004 or other persons living in
the same household with a child, the child and:
(a) The child's parent as defined in ORS 419A.004;
(b) The child's guardian appointed pursuant to ORS chapter 125;
or
(c) A person who has a caregiver relationship as defined in ORS
419B.116 with the child.
(5) 'Intensive in-home services' means services that keep a
child and family together in the child's and family's home with a
goal of 24-hour on-call support while the child and the child's
family engage in family strengthening activities and receive
appropriate mental health and addiction treatment and other
intensive support interventions.
(6) 'Performance-based contract' means a contract entered into
under ORS 418.580 that:
(a) Requires a program to demonstrate successful child-driven
outcomes when compared to alternative placement options and
long-term cost savings; and
(b) Bases termination or renewal of the contract on
demonstration of the factors described in paragraph (a) of this
subsection.
(7) 'Program' means a Strengthening, Preserving and Reunifying
Families program described in ORS 418.580.
SECTION 35. ORS 418.580, as amended by section 29 of this 2012
Act, is amended to read:
418.580. (1) By October 1, 2012, and to the extent practicable
using available resources, the Department of Human Services and
county partners shall implement Strengthening, Preserving and
Reunifying Families programs as described in this section. County
partners are encouraged to form collaborations with programs to
design, oversee and participate in program development and
implementation as appropriate. The department shall be the lead
agency in efforts undertaken pursuant to this section, but all
officers, boards, commissions and other agencies of the State of
Oregon shall cooperate with the department to accomplish the
duties imposed on the department by ORS 418.575 to 418.598 and to
allocate services provided by programs as described in this
section.
(2)(a) The Director of Human Services or the director's
designee, the Director of the Oregon Health Authority or the
director's designee or the Director of the Housing and Community
Services Department or the director's designee shall enter into a
contract with, and make reasonable payment for services provided
by, a program in accordance with ORS 418.575 to 418.598, and
shall, where necessary, enter into contracts with a lead agency
or with county and community entities that have been designated
by the county partners to coordinate services provided under this
section.
(b) A contract entered into under this subsection shall require
only those services that are reasonably available in the county
or region where the program is or will be providing services.
Services may or may not be located in a given county or region.
(c) At the election of any director or director's designee, a
contract entered into under this subsection may be a
performance-based contract.
(3) The programs implemented under this section shall provide
an array of services. Depending on resources and availability,
the services provided may include but are not limited to the
following:
(a) Front end intervention services that include alcohol and
drug treatment providers or mental health providers accompanying
department caseworkers on initial calls and visits in response to
allegations or reports of abuse or neglect. County partners shall
participate in assessments to determine the appropriateness and
level of program services required for a child and the child's
family, the creation of safety plans to enable the provision of
in-home services if appropriate and the development of family
preservation and reunification plans for presentation to the
juvenile court.
(b) Residential treatment whereby a member of a child's family
with care, custody or control of the child enters a treatment
facility accompanied by the child with 24-hour supervision while
the child and the member of the child's family engage in family
strengthening activities and receive appropriate mental health
and addiction treatment support and services.
(c) Supervised housing whereby a child and the child's family
remain together in program housing while they participate in
family strengthening activities, receive mental health and
addiction support and services and have the appropriate level of
supervision to ensure the physical health, care and safety of the
child.
(d) Family-centered day and outpatient treatment services,
either after completion of residential treatment or in lieu of
residential treatment, designed specifically for
substance-abusing parents of children involved in the child
welfare system.
(e) Intensive in-home services while the child and family
engage in family strengthening activities.
(f) Facilitation of regular contact between a child and the
child's family, if separation has occurred, to facilitate an
easier, quicker and more successful transition of the child back
into the family home.
(g) Case managers who provide child and family supervision,
assistance identifying and accessing needed services, observation
and monitoring of parenting behavior, assistance with life skills
development and assistance in removing barriers to system
independence.
(h) Immediate access to supervised drug-free emergency and
short-term housing.
(i) Access to permanent, drug-free housing with on-site case
managers and access to supportive services that increase
stability for a child and the child's family.
(j) Family finding services to identify extended family members
to provide additional support, resources and alternative
placement options if necessary.
{ - (k) Services of a court appointed special advocate
appointed under section 2 of this 2012 Act where available. - }
{ - (L) - } { + (k) + } Other services and interventions as
programs evolve, research develops and funding becomes available.
(4) The services provided by programs must be culturally
competent and include evidence-informed or evidence-based
practices.
(5) The department shall establish by rule client-focused
functional outcome measures for programs implemented under this
section.
(6) Client-focused functional outcome measures may be used as a
basis for funding programs and entering into or renewing
contracts with programs.
(7) Programs shall develop and implement training and
continuing education curricula for persons delivering program
services and, when adequate funding exists, sponsor the
attendance of service providers at state or national training
programs, conferences or other similar events.
(8) Programs may seek funds from public and private sources to:
(a) Meet match requirements for state or federal grants to
support the provision of program services;
(b) Implement and operate the training and educational
requirements of subsection (7) of this section; and
(c) Provide financial resources for the hiring of personnel and
the provision of existing or enhanced program services.
(9) The department, in consultation with programs, shall report
annually to the Governor and the appropriate interim committees
of the Legislative Assembly that address child welfare issues on
the progress toward and projected costs of full implementation of
ORS 418.575 to 418.598.
SECTION 36. ORS 419A.004, as amended by section 30 of this 2012
Act, is amended to read:
419A.004. As used in this chapter and ORS chapters 419B and
419C, unless the context requires otherwise:
{ - (1) 'CASA Volunteer Program' means a program that has
entered into a contract with the Oregon Volunteers Commission for
Voluntary Action and Service under section 4 of this 2012 Act to
recruit, train and supervise volunteers to serve as court
appointed special advocates. - }
{ - (2) - } { + (1) + } 'Child care center' means a
residential facility for wards or youth offenders that is
licensed under the provisions of ORS 418.240.
{ - (3) - } { + (2) + } 'Community service' has the meaning
given that term in ORS 137.126.
{ - (4) - } { + (3) + } 'Conflict of interest' means a
person appointed to a local citizen review board who has a
personal or pecuniary interest in a case being reviewed by that
board.
{ - (5) - } { + (4) + } 'Counselor' means a juvenile
department counselor or a county juvenile probation officer.
{ - (6) - } { + (5) + } 'Court' means the juvenile court.
{ - (7) 'Court appointed special advocate' means a person in
a CASA Volunteer Program who is appointed by the court to act as
a court appointed special advocate pursuant to section 2 of this
2012 Act. - }
{ - (8) - } { + (6) + } 'Court facility' has the meaning
given that term in ORS 166.360.
{ - (9) - } { + (7) + } 'Department' means the Department
of Human Services.
{ - (10) - } { + (8) + } 'Detention' or 'detention
facility' means a facility established under ORS 419A.010 to
419A.020 and 419A.050 to 419A.063 for the detention of children,
wards, youths or youth offenders pursuant to a judicial
commitment or order.
{ - (11) - } { + (9) + } 'Director' means the director of a
juvenile department established under ORS 419A.010 to 419A.020
and 419A.050 to 419A.063.
{ - (12) - } { + (10) + } 'Guardian' means guardian of the
person and not guardian of the estate.
{ - (13) - } { + (11) + } 'Indian child' means any
unmarried person less than 18 years of age who is:
(a) A member of an Indian tribe; or
(b) Eligible for membership in an Indian tribe and is the
biological child of a member of an Indian tribe.
{ - (14) - } { + (12) + } 'Juvenile court' means the court
having jurisdiction of juvenile matters in the several counties
of this state.
{ - (15) - } { + (13) + } 'Local citizen review board'
means the board specified by ORS 419A.090 and 419A.092.
{ - (16) - } { + (14) + } 'Parent' means the biological or
adoptive mother and the legal father of the child, ward, youth or
youth offender. As used in this subsection, 'legal father' means:
(a) A man who has adopted the child, ward, youth or youth
offender or whose paternity has been established or declared
under ORS 109.070 or 416.400 to 416.465 or by a juvenile court;
and
(b) In cases in which the Indian Child Welfare Act applies, a
man who is a father under applicable tribal law.
{ - (17) - } { + (15) + } 'Permanent foster care' means an
out-of-home placement in which there is a long-term contractual
foster care agreement between the foster parents and the
department that is approved by the juvenile court and in which
the foster parents commit to raise a ward in substitute care or
youth offender until the age of majority.
{ - (18) - } { + (16) + } 'Planned permanent living
arrangement' means an out-of-home placement other than by
adoption, placement with a relative or placement with a legal
guardian that is consistent with the case plan and in the best
interests of the ward.
{ - (19) - } { + (17) + } 'Public building' has the meaning
given that term in ORS 166.360.
{ - (20) - } { + (18) + } 'Reasonable time' means a period
of time that is reasonable given a child or ward's emotional and
developmental needs and ability to form and maintain lasting
attachments.
{ - (21) - } { + (19) + } 'Records' means any information
in written form, pictures, photographs, charts, graphs,
recordings or documents pertaining to a case.
{ - (22) - } { + (20) + } 'Resides' or 'residence,' when
used in reference to the residence of a child, ward, youth or
youth offender, means the place where the child, ward, youth or
youth offender is actually living or the jurisdiction in which
wardship or jurisdiction has been established.
{ - (23) - } { + (21) + } 'Restitution' has the meaning
given that term in ORS 137.103.
{ - (24) - } { + (22) + } 'Serious physical injury' means:
(a) A serious physical injury as defined in ORS 161.015; or
(b) A physical injury that:
(A) Has a permanent or protracted significant effect on a
child's daily activities;
(B) Results in substantial and recurring pain; or
(C) In the case of a child under 10 years of age, is a broken
bone.
{ - (25) - } { + (23) + } 'Shelter care' means a home or
other facility suitable for the safekeeping of a child, ward,
youth or youth offender who is taken into temporary custody
pending investigation and disposition.
{ - (26) - } { + (24) + } 'Short-term detention facility'
means a facility established under ORS 419A.050 (3) for holding
children, youths and youth offenders pending further placement.
{ - (27) - } { + (25) + } 'Sibling' means one of two or
more children or wards related:
(a) By blood or adoption through a common legal parent; or
(b) Through the marriage of the children's or wards' legal or
biological parents.
{ - (28) - } { + (26) + } 'Substitute care' means an
out-of-home placement directly supervised by the department or
other agency, including placement in a foster family home, group
home or other child caring institution or facility. 'Substitute
care' does not include care in:
(a) A detention facility, forestry camp or youth correction
facility;
(b) A family home that the court has approved as a ward's
permanent placement, when a private child caring agency has been
appointed guardian of the ward and when the ward's care is
entirely privately financed; or
(c) In-home placement subject to conditions or limitations.
{ - (29) - } { + (27) + } 'Surrogate' means a person
appointed by the court to protect the right of the child, ward,
youth or youth offender to receive procedural safeguards with
respect to the provision of free appropriate public education.
{ - (30) - } { + (28) + } 'Tribal court' means a court with
jurisdiction over child custody proceedings and that is either a
Court of Indian Offenses, a court established and operated under
the code of custom of an Indian tribe or any other administrative
body of a tribe that is vested with authority over child custody
proceedings.
{ - (31) - } { + (29) + } 'Victim' means any person
determined by the district attorney, the juvenile department or
the court to have suffered direct financial, psychological or
physical harm as a result of the act that has brought the youth
or youth offender before the juvenile court. When the victim is a
minor, 'victim ' includes the legal guardian of the minor. The
youth or youth offender may not be considered the victim. When
the victim of the crime cannot be determined, the people of
Oregon, as represented by the district attorney, are considered
the victims.
{ - (32) - } { + (30) + } 'Violent felony' means any
offense that, if committed by an adult, would constitute a felony
and:
(a) Involves actual or threatened serious physical injury to a
victim; or
(b) Is a sexual offense. As used in this paragraph, 'sexual
offense' has the meaning given the term 'sex crime' in ORS
181.594.
{ - (33) - } { + (31) + } 'Ward' means a person within the
jurisdiction of the juvenile court under ORS 419B.100.
{ - (34) - } { + (32) + } 'Young person' means a person who
has been found responsible except for insanity under ORS 419C.411
and placed under the jurisdiction of the Psychiatric Security
Review Board.
{ - (35) - } { + (33) + } 'Youth' means a person under 18
years of age who is alleged to have committed an act that is a
violation, or, if done by an adult would constitute a violation,
of a law or ordinance of the United States or a state, county or
city.
{ - (36) - } { + (34) + } 'Youth care center' has the
meaning given that term in ORS 420.855.
{ - (37) - } { + (35) + } 'Youth offender' means a person
who has been found to be within the jurisdiction of the juvenile
court under ORS 419C.005 for an act committed when the person was
under 18 years of age.
SECTION 37. ORS 419A.098 is amended to read:
419A.098. The Chief Justice, in consultation with the Supreme
Court, shall adopt rules under ORS 1.002 that may include any
procedures for the administration of the local citizen review
board program regarding:
(1) Removal of members of local citizen review boards;
(2) The time, content and manner in which case plans and case
progress reports shall be provided by the Department of Human
Services or other agency or individual directly responsible for
the care of the child or ward to the local citizen review board.
These rules may require that such information be provided in
shorter time periods than those contained in ORS 419B.443, and
that information in addition to that specified by ORS 419B.443 be
provided;
(3) Procedures for providing written notice of the review to
the department, any other agency directly responsible for the
care or placement of the child or ward, the parents or their
attorneys, foster parents, surrogate parents, mature children and
wards or their attorneys, the appointed attorney { - or court
appointed special advocate - } of any child or ward, any
district attorney or attorney general actively involved in the
case and other interested persons. The notice shall include
advice that persons receiving a notice may participate in the
hearing and be accompanied by a representative;
(4) Procedures for securing or excusing the presence at the
review of caseworkers and other employees of the department or
other agencies directly responsible for the care of the child or
ward;
(5) Procedures by which boards can remove cases from review
when such review is not required under federal law;
(6) Grounds for removal of members;
(7) Terms of board members; and
(8) Organization of individual boards.
SECTION 38. ORS 419A.255 is amended to read:
419A.255. (1) The clerk of the court shall keep a record of
each case, including therein the summons and other process, the
petition and all other papers in the nature of pleadings,
motions, orders of the court and other papers filed with the
court, but excluding reports and other material relating to the
child, ward, youth or youth offender's history and prognosis. The
record of the case shall be withheld from public inspection but
is open to inspection by the child, ward, youth, youth offender,
parent, guardian, { - court appointed special advocate, - }
surrogate or a person allowed to intervene in a proceeding
involving the child, ward, youth or youth offender, and their
attorneys. The attorneys are entitled to copies of the record of
the case.
(2) Reports and other material relating to the child, ward,
youth or youth offender's history and prognosis are privileged
and, except at the request of the child, ward, youth or youth
offender, may not be disclosed directly or indirectly to anyone
other than the judge of the juvenile court, those acting under
the judge's direction, service providers in the case and the
attorneys of record for the child, ward, youth or youth offender
or the child, ward, youth or youth offender's parent, guardian,
{ - court appointed special advocate, - } surrogate or person
allowed to intervene in a proceeding involving the child, ward,
youth or youth offender. Reports and other material relating to a
youth offender's history and prognosis in cases under ORS
419C.005 may be disclosed to the superintendent of the school
district in which the youth offender resides or the
superintendent's designee. The service providers in the case,
school superintendents, superintendents' designees and attorneys
are entitled to examine and obtain copies of any reports or other
material relating to the child, ward, youth or youth offender's
history and prognosis. Any service provider in the case, school
superintendent, superintendent's designee or attorney who
examines or obtains copies of such reports or materials is
responsible for preserving their confidentiality. A service
provider, school superintendent or superintendent's designee who
obtains copies of such reports or materials shall return the
copies to the court upon the conclusion of the service
provider's, superintendent's or superintendent's designee's
involvement in the case.
(3) Except as otherwise provided in subsection (7) of this
section, no information appearing in the record of the case or in
reports or other material relating to the child, ward, youth or
youth offender's history or prognosis may be disclosed to any
person not described in subsection (2) of this section without
the consent of the court, except for purposes of evaluating the
child, ward, youth or youth offender's eligibility for special
education as provided in ORS chapter 343, and no such information
may be used in evidence in any proceeding to establish criminal
or civil liability against the child, ward, youth or youth
offender, whether such proceeding occurs after the child, ward,
youth or youth offender has reached 18 years of age or otherwise,
except for the following purposes:
(a) In connection with a presentence investigation after guilt
has been admitted or established in a criminal court.
(b) In connection with a proceeding in another juvenile court
concerning the child, ward, youth or youth offender or an appeal
from the juvenile court.
(4) If the court finds that the child, ward, youth, youth
offender or parent is without financial means to purchase all or
a necessary part of the transcript of the evidence or
proceedings, the court shall order upon motion the transcript or
part thereof to be furnished. The transcript or part thereof
furnished under this subsection shall be paid for in the same
manner as furnished transcripts are paid for in criminal cases.
(5) Notwithstanding any other provision of law, the following
are not confidential and not exempt from disclosure:
(a) The name and date of birth of the youth or youth offender;
(b) The basis for the juvenile court's jurisdiction over the
youth or youth offender;
(c) The date, time and place of any juvenile court proceeding
in which the youth or youth offender is involved;
(d) The act alleged in the petition that if committed by an
adult would constitute a crime if jurisdiction is based on ORS
419C.005;
(e) That portion of the juvenile court order providing for the
legal disposition of the youth or youth offender when
jurisdiction is based on ORS 419C.005;
(f) The names and addresses of the youth or youth offender's
parents or guardians; and
(g) The register described in ORS 7.020 when jurisdiction is
based on ORS 419C.005.
(6) Notwithstanding any other provision of law, when a youth
has been taken into custody under ORS 419C.080, the following
information shall be disclosed unless, and only for so long as,
there is a clear need to delay disclosure in the course of a
specific investigation, including the need to protect the
complaining party or the victim:
(a) The youth's name and age and whether the youth is employed
or in school;
(b) The youth offense for which the youth was taken into
custody;
(c) The name and age of the adult complaining party and the
adult victim, unless the disclosure of such information is
otherwise prohibited or restricted;
(d) The identity of the investigating and arresting agency; and
(e) The time and place that the youth was taken into custody
and whether there was resistance, pursuit or a weapon used in
taking the youth into custody.
(7)(a) Information contained in reports and other materials
relating to a child, ward, youth or youth offender's history and
prognosis that, in the professional judgment of the juvenile
counselor, caseworker, school superintendent or superintendent's
designee, teacher or detention worker to whom the information for
the reports or other materials has been provided, indicates a
clear and immediate danger to another person or to society shall
be disclosed to the appropriate authority and the person or
entity who is in danger from the child, ward, youth or youth
offender.
(b) An agency or a person who discloses information under
paragraph (a) of this subsection has immunity from any liability,
civil or criminal, that might otherwise be incurred or imposed
for making the disclosure.
(c) Nothing in this subsection affects the provisions of ORS
146.750, 146.760, 419B.035, 419B.040 and 419B.045. The disclosure
of information under this section does not make the information
admissible in any court or administrative proceeding if it is not
otherwise admissible.
(8) A county juvenile department is the agency responsible for
disclosing youth and youth offender records if the records are
subject to disclosure.
(9) A petition filed under ORS 419B.851 alleging that a child
who is a foreign national is within the jurisdiction of the
court, or a motion requesting an implementation plan other than
return of a ward to the ward's parent, is subject to disclosure
to the consulate for the child or ward's country as provided
under ORS 419B.851 (3).
(10) Nothing in this section prohibits a guardian appointed
under ORS 419B.365 or 419B.366 from disclosing or providing
copies of letters of guardianship when so required to fulfill the
duties of a guardian.
(11) The court shall cooperate in the sharing of information
with a court in another state to facilitate an interstate
placement of a child or ward.
SECTION 39. ORS 419A.256 is amended to read:
419A.256. (1)(a) Once prepared and filed with the court, a
transcript of a juvenile court proceeding is part of the record
of the case maintained by the clerk of the court under ORS
419A.255 (1) and is subject to the provisions of ORS 419A.255 (1)
and (3) governing access and disclosure.
(b) Notwithstanding ORS 419A.255, if a transcript, audiotape or
videotape has been prepared in any proceeding under ORS chapter
419C, the victim may obtain a copy by paying the actual cost of
preparation.
(2) The official audio, video or other recording of a juvenile
court proceeding shall be withheld from public inspection but is
open to inspection by the child, ward, youth, youth offender,
parent, guardian, { - court appointed special advocate, - }
surrogate or a person allowed to intervene in a proceeding
involving the child, ward, youth or youth offender, and their
attorneys.
SECTION 40. ORS 419B.005 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 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 or to patronize a prostitute, 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) 'Law enforcement agency' means:
(a) A city or municipal police department.
(b) A county sheriff's office.
(c) The Oregon State Police.
(d) A police department established by a university under ORS
352.383.
(e) A county juvenile department.
(4) '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 services provider.
{ - (q) A court appointed special advocate, as defined in ORS
419A.004. - }
{ - (r) - } { + (q) + } A child care provider registered or
certified under ORS 657A.030 and 657A.250 to 657A.450.
{ - (s) - } { + (r) + } Member of the Legislative Assembly.
{ - (t) - } { + (s) + } Physical, speech or occupational
therapist.
{ - (u) - } { + (t) + } Audiologist.
{ - (v) - } { + (u) + } Speech-language pathologist.
{ - (w) - } { + (v) + } Employee of the Teacher Standards
and Practices Commission directly involved in investigations or
discipline by the commission.
{ - (x) - } { + (w) + } Pharmacist.
{ - (y) - } { + (x) + } An operator of a preschool recorded
program under ORS 657A.255.
{ - (z) - } { + (y) + } An operator of a school-age
recorded program under ORS 657A.257.
{ - (aa) - } { + (z) + } 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.
SECTION 41. ORS 419B.015 is amended to read:
419B.015. (1)(a) A person making a report of child abuse,
whether the report is made voluntarily or is required by ORS
419B.010, shall make an oral report by telephone or otherwise to
the local office of the Department of Human Services, to the
designee of the department or to a law enforcement agency within
the county where the person making the report is located at the
time of the contact. The report shall contain, if known, the
names and addresses of the child and the parents of the child or
other persons responsible for care of the child, the child's age,
the nature and extent of the abuse, including any evidence of
previous abuse, the explanation given for the abuse and any other
information that the person making the report believes might be
helpful in establishing the cause of the abuse and the identity
of the perpetrator.
(b) When a report of child abuse is received by the department,
the department shall notify a law enforcement agency within the
county where the report was made. When a report of child abuse is
received by a designee of the department, the designee shall
notify, according to the contract, either the department or a law
enforcement agency within the county where the report was made.
When a report of child abuse is received by a law enforcement
agency, the agency shall notify the local office of the
department within the county where the report was made.
(2) When a report of child abuse is received under subsection
(1)(a) of this section, the entity receiving the report shall
make the notification required by subsection (1)(b) of this
section according to rules adopted by the department under ORS
419B.017.
(3)(a) When a report alleging that a child or ward in
substitute care may have been subjected to abuse is received by
the department, the department shall notify the attorney for the
child or ward, { - the child's or ward's court appointed
special advocate, - } the parents of the child or ward and any
attorney representing a parent of the child or ward that a report
has been received.
(b) The name and address of and other identifying information
about the person who made the report may not be disclosed under
this subsection. Any person or entity to whom notification is
made under this subsection may not release any information not
authorized by this subsection.
(c) The department shall make the notification required by this
subsection within three business days of receiving the report of
abuse.
(d) Notwithstanding the obligation imposed by this subsection,
the department is not required under this subsection to notify
the parent or parent's attorney that a report of abuse has been
received if the notification may interfere with an investigation
or assessment or jeopardize the child's or ward's safety.
SECTION 42. ORS 419B.035, as amended by section 4, chapter 348,
Oregon Laws 2009, is amended to read:
419B.035. (1) Notwithstanding the provisions of ORS 192.001 to
192.170, 192.210 to 192.505 and 192.610 to 192.990 relating to
confidentiality and accessibility for public inspection of public
records and public documents, reports and records compiled under
the provisions of ORS 419B.010 to 419B.050 are confidential and
may not be disclosed except as provided in this section. The
Department of Human Services shall make the records available to:
(a) Any law enforcement agency or a child abuse registry in any
other state for the purpose of subsequent investigation of child
abuse;
(b) Any physician, at the request of the physician, regarding
any child brought to the physician or coming before the physician
for examination, care or treatment;
(c) Attorneys of record for the child or child's parent or
guardian in any juvenile court proceeding;
(d) Citizen review boards established by the Judicial
Department for the purpose of periodically reviewing the status
of children, youths and youth offenders under the jurisdiction of
the juvenile court under ORS 419B.100 and 419C.005. Citizen
review boards may make such records available to participants in
case reviews;
{ - (e) A court appointed special advocate in any juvenile
court proceeding in which it is alleged that a child has been
subjected to child abuse or neglect; - }
{ - (f) - } { + (e) + } The Child Care Division for
certifying, registering or otherwise regulating child care
facilities;
{ - (g) - } { + (f) + } The Office of Children's Advocate;
{ - (h) - } { + (g) + } The Teacher Standards and Practices
Commission for investigations conducted under ORS 342.176
involving any child or any student in grade 12 or below; and
{ - (i) - } { + (h) + } Any person, upon request to the
Department of Human Services, if the reports or records requested
regard an incident in which a child, as the result of abuse, died
or suffered serious physical injury as defined in ORS 161.015.
Reports or records disclosed under this paragraph must be
disclosed in accordance with ORS 192.410 to 192.505.
(2)(a) When disclosing reports and records pursuant to
subsection { - (1)(i) - } { + (1)(h) + } of this section, the
Department of Human Services may exempt from disclosure the
names, addresses and other identifying information about other
children, witnesses, victims or other persons named in the report
or record if the department determines, in written findings, that
the safety or well-being of a person named in the report or
record may be jeopardized by disclosure of the names, addresses
or other identifying information, and if that concern outweighs
the public's interest in the disclosure of that information.
(b) If the Department of Human Services does not have a report
or record of abuse regarding a child who, as the result of abuse,
died or suffered serious physical injury as defined in ORS
161.015, the department may disclose that information.
(3) The Department of Human Services may make reports and
records compiled under the provisions of ORS 419B.010 to 419B.050
available to any person, administrative hearings officer, court,
agency, organization or other entity when the department
determines that such disclosure is necessary to administer its
child welfare services and is in the best interests of the
affected child, or that such disclosure is necessary to
investigate, prevent or treat child abuse and neglect, to protect
children from abuse and neglect or for research when the Director
of Human Services gives prior written approval. The Department of
Human Services shall adopt rules setting forth the procedures by
which it will make the disclosures authorized under this
subsection or subsection (1) or (2) of this section. The name,
address and other identifying information about the person who
made the report may not be disclosed pursuant to this subsection
and subsection (1) of this section.
(4) A law enforcement agency may make reports and records
compiled under the provisions of ORS 419B.010 to 419B.050
available to other law enforcement agencies, district attorneys,
city attorneys with criminal prosecutorial functions and the
Attorney General when the law enforcement agency determines that
disclosure is necessary for the investigation or enforcement of
laws relating to child abuse and neglect.
(5) A law enforcement agency, upon completing an investigation
and closing the file in a specific case relating to child abuse
or neglect, shall make reports and records in the case available
upon request to any law enforcement agency or community
corrections agency in this state, to the Department of
Corrections or to the State Board of Parole and Post-Prison
Supervision for the purpose of managing and supervising offenders
in custody or on probation, parole, post-prison supervision or
other form of conditional or supervised release. A law
enforcement agency may make reports and records compiled under
the provisions of ORS 419B.010 to 419B.050 available to law
enforcement, community corrections, corrections or parole
agencies in an open case when the law enforcement agency
determines that the disclosure will not interfere with an ongoing
investigation in the case. The name, address and other
identifying information about the person who made the report may
not be disclosed under this subsection or subsection (6)(b) of
this section.
(6)(a) Any record made available to a law enforcement agency or
community corrections agency in this state, to the Department of
Corrections or the State Board of Parole and Post-Prison
Supervision or to a physician in this state, as authorized by
subsections (1) to (5) of this section, shall be kept
confidential by the agency, department, board or physician. Any
record or report disclosed by the Department of Human Services to
other persons or entities pursuant to subsections (1) and (3) of
this section shall be kept confidential.
(b) Notwithstanding paragraph (a) of this subsection:
(A) A law enforcement agency, a community corrections agency,
the Department of Corrections and the State Board of Parole and
Post-Prison Supervision may disclose records made available to
them under subsection (5) of this section to each other, to law
enforcement, community corrections, corrections and parole
agencies of other states and to authorized treatment providers
for the purpose of managing and supervising offenders in custody
or on probation, parole, post-prison supervision or other form of
conditional or supervised release.
(B) A person may disclose records made available to the person
under subsection { - (1)(i) - } { + (1)(h) + } of this
section if the records are disclosed for the purpose of advancing
the public interest.
(7) An officer or employee of the Department of Human Services
or of a law enforcement agency or any person or entity to whom
disclosure is made pursuant to subsections (1) to (6) of this
section may not release any information not authorized by
subsections (1) to (6) of this section.
(8) As used in this section, 'law enforcement agency' has the
meaning given that term in ORS 181.010.
(9) A person who violates subsection (6)(a) or (7) of this
section commits a Class A violation.
SECTION 43. ORS 342.176 is amended to read:
342.176. (1) The Teacher Standards and Practices Commission
shall promptly undertake an investigation upon receipt of a
complaint or information that may constitute grounds for:
(a) Refusal to issue a license or registration, as provided
under ORS 342.143;
(b) Suspension or revocation of a license or registration,
discipline of a person holding a license or registration, or
suspension or revocation of the right to apply for a license or
registration, as provided under ORS 342.175; or
(c) Discipline for failure to provide appropriate notice prior
to resignation, as provided under ORS 342.553.
(2) The commission may appoint an investigator and shall
furnish the investigator with appropriate professional and other
special assistance reasonably required to conduct the
investigation, and the investigator is empowered to subpoena
witnesses over the signature of the executive director, swear
witnesses and compel obedience in the same manner as provided
under ORS 183.440 (2).
(3) Following completion of the investigation, the executive
director shall report in writing any findings and recommendations
to:
(a) The commission, meeting in executive session, at its next
regular meeting following completion of the investigation; and
(b) The person against whom the charge is made.
(4)(a) Except as provided in paragraph (b) of this subsection,
the documents and materials used in the investigation and the
report of the executive director are confidential and not subject
to public inspection unless the commission makes a final
determination to:
(A) Refuse to issue a license or registration, as provided
under ORS 342.143;
(B) Suspend or revoke a license or registration, discipline a
person holding a license or registration, or suspend or revoke
the right to apply for a license or registration, as provided
under ORS 342.175; or
(C) Discipline a person for failure to provide appropriate
notice prior to resignation, as provided under ORS 342.553.
(b) Records made available to the commission under ORS 419B.035
{ - (1)(h) - } { + (1)(g) + } shall be kept confidential.
(5) If the commission finds from the report that there is
sufficient cause to justify holding a hearing under ORS 342.177,
it shall notify in writing:
(a) The person charged, enclosing a statement of the charges
and a notice of opportunity for hearing;
(b) The complainant; and
(c) The employing district or public charter school, if any.
(6) If the commission finds from the report that there is not
sufficient cause to justify holding a hearing under ORS 342.177,
it shall notify in writing:
(a) The person charged;
(b) The complainant; and
(c) The employing district or public charter school, if any.
(7) Notwithstanding ORS 192.660 (6), the commission may make
its findings under this section in executive session. However,
the provisions of ORS 192.660 (4) apply to the sessions.
SECTION 44. ORS 419B.395 is amended to read:
419B.395. (1) If in any proceeding under ORS 419B.100 or
419B.500 the juvenile court determines that the child or ward has
no legal father or that paternity is disputed as allowed in ORS
109.070, the court may enter a judgment of paternity or a
judgment of nonpaternity in compliance with the provisions of ORS
109.070, 109.124 to 109.230, 109.250 to 109.262 and 109.326.
(2) Before entering a judgment under subsection (1) of this
section, the court must find that adequate notice and an
opportunity to be heard was provided to:
(a) The parties to the proceeding;
(b) The man alleged or claiming to be the child or ward's
father; and
(c) The Administrator of the Division of Child Support of the
Department of Justice or the branch office providing support
services to the county in which the court is located.
(3) When appropriate, the court shall inform a man before the
court claiming to be the father of a child or ward that paternity
establishment services may be available through the administrator
if the child or ward:
(a) Is a child born out of wedlock;
(b) Has not been placed for adoption; and
(c) Has no legal father.
(4) As used in this section:
(a) 'Administrator' has the meaning given that term in ORS
25.010.
(b) 'Child born out of wedlock' has the meaning given that term
in ORS 109.124.
(c) 'Legal father' has the meaning given that term in ORS
419A.004 { - (16) - } { + (14) + }.
SECTION 45. ORS 419B.470 is amended to read:
419B.470. (1) The court shall conduct a permanency hearing
within 30 days after a judicial finding is made under ORS
419B.340 (5) if, based upon that judicial finding, the Department
of Human Services determines that it will not make reasonable
efforts to reunify the family.
(2) In all other cases when a child or ward is in substitute
care, the court shall conduct a permanency hearing no later than
12 months after the ward was found within the jurisdiction of the
court under ORS 419B.100 or 14 months after the child or ward was
placed in substitute care, whichever is the earlier.
(3) If a ward is removed from court sanctioned permanent foster
care, the department shall request and the court shall conduct a
permanency hearing within three months after the date of the
change in placement.
(4) If a ward has been surrendered for adoption or the parents'
rights have been terminated and the department has not physically
placed the ward for adoption or initiated adoption proceedings
within six months after the surrender or entry of an order
terminating parental rights, the court shall conduct a permanency
hearing within 30 days after receipt of the report required by
ORS 419B.440 (2)(b).
(5) Unless good cause otherwise is shown, the court shall also
conduct a permanency hearing at any time upon the request of the
department, an agency directly responsible for care or placement
of the child or ward, parents whose parental rights have not been
terminated, an attorney for the child or ward, { - a court
appointed special advocate, - } a citizen review board, a tribal
court or upon its own motion. The court shall schedule the
hearing as soon as possible after receiving a request.
(6) After the initial permanency hearing conducted under
subsection (1) or (2) of this section or any permanency hearing
conducted under subsections (3) to (5) of this section, the court
shall conduct subsequent permanency hearings not less frequently
than once every 12 months for as long as the child or ward
remains in substitute care.
(7) After the permanency hearing conducted under subsection (4)
of this section, the court shall conduct subsequent permanency
hearings at least every six months for as long as the ward is not
physically placed for adoption or adoption proceedings have not
been initiated.
(8) If a child returns to substitute care after a court's
previously established jurisdiction over the child has been
dismissed or terminated, a permanency hearing shall be conducted
no later than 12 months after the child is found within the
jurisdiction of the court on a newly filed petition or 14 months
after the child's most recent placement in substitute care,
whichever is the earlier.
SECTION 46. ORS 419B.875 is amended to read:
419B.875. (1)(a) Parties to proceedings in the juvenile court
under ORS 419B.100 and 419B.500 are:
(A) The child or ward;
(B) The parents or guardian of the child or ward;
(C) A putative father of the child or ward who has demonstrated
a direct and significant commitment to the child or ward by
assuming, or attempting to assume, responsibilities normally
associated with parenthood, including but not limited to:
(i) Residing with the child or ward;
(ii) Contributing to the financial support of the child or
ward; or
(iii) Establishing psychological ties with the child or ward;
(D) The state;
(E) The juvenile department;
{ - (F) A court appointed special advocate, if appointed; - }
{ - (G) - } { + (F) + } The Department of Human Services or
other child-caring agency if the agency has temporary custody of
the child or ward; and
{ - (H) - } { + (G) + } The tribe in cases subject to the
Indian Child Welfare Act if the tribe has intervened pursuant to
the Indian Child Welfare Act.
(b) An intervenor who is granted intervention under ORS
419B.116 is a party to a proceeding under ORS 419B.100. An
intervenor under this paragraph is not a party to a proceeding
under ORS 419B.500.
(2) The rights of the parties include, but are not limited to:
(a) The right to notice of the proceeding and copies of the
petitions, answers, motions and other papers;
(b) The right to appear with counsel and, except for
intervenors under subsection (1)(b) of this section, to have
counsel appointed as otherwise provided by law;
(c) The right to call witnesses, cross-examine witnesses and
participate in hearings;
(d) The right of appeal; and
(e) The right to request a hearing.
(3) A putative father who satisfies the criteria set out in
subsection (1)(a)(C) of this section shall be treated as a
parent, as that term is used in this chapter and ORS chapters
419A and 419C, until the court confirms his paternity or finds
that he is not the legal or biological father of the child or
ward.
(4) If no appeal from the judgment or order is pending, a
putative father whom a court of competent jurisdiction has found
not to be the child or ward's legal or biological father or who
has filed a petition for filiation that was dismissed is not a
party under subsection (1) of this section.
(5)(a) A person granted rights of limited participation under
ORS 419B.116 is not a party to a proceeding under ORS 419B.100 or
419B.500 but has only those rights specified in the order
granting rights of limited participation.
(b) Persons moving for or granted rights of limited
participation are not entitled to appointed counsel but may
appear with retained counsel.
(6) If a foster parent, preadoptive parent or relative is
currently providing care for a child or ward, the Department of
Human Services shall give the foster parent, preadoptive parent
or relative notice of a proceeding concerning the child or ward.
A foster parent, preadoptive parent or relative providing care
for a child or ward has the right to be heard at the proceeding.
Except when allowed to intervene, the foster parent, preadoptive
parent or relative providing care for the child or ward is not
considered a party to the juvenile court proceeding solely
because of notice and the right to be heard at the proceeding.
(7) When a legal grandparent of a child or ward requests in
writing and provides a mailing address, the Department of Human
Services shall give the legal grandparent notice of a hearing
concerning the child or ward and the court shall give the legal
grandparent an opportunity to be heard. Except when allowed to
intervene, a legal grandparent is not considered a party to the
juvenile court proceeding solely because of notice and an
opportunity to be heard.
(8) Interpreters for parties and persons granted rights of
limited participation shall be appointed in the manner specified
by ORS 45.275 and 45.285.
SECTION 47. ORS 419C.285 is amended to read:
419C.285. (1) At the adjudication stage of a delinquency
proceeding, the parties to the proceeding are the youth and the
state, represented by the district attorney or the juvenile
department. At the dispositional stage of a delinquency
proceeding, the following are also parties:
(a) The parents or guardian of the youth;
{ - (b) A court appointed special advocate, if appointed; - }
{ - (c) - } { + (b) + } The Oregon Youth Authority or other
child care agency, if the youth is temporarily committed to the
agency; and
{ - (d) - } { + (c) + } An intervenor who petitions or
files a motion on the basis of a child-parent relationship under
ORS 109.119.
(2) The rights of the parties include, but are not limited to:
(a) The right to notice of the proceeding and copies of the
pleadings;
(b) The right to appear with counsel and to have counsel
appointed if otherwise provided by law;
(c) The right to call witnesses, cross-examine witnesses and
participate in hearings;
(d) The right to appeal;
(e) The right to request a hearing; and
(f) The right to notice of any proceeding before the
Psychiatric Security Review Board.
(3)(a) Persons who are not parties under subsection (1) of this
section may petition the court for rights of limited
participation. The petition must be filed and served on all
parties no later than two weeks before a proceeding in the case
in which participation is sought. The petition must state:
(A) The reason the participation is sought;
(B) How the person's involvement is in the best interest of the
youth or the administration of justice;
(C) Why the parties cannot adequately present the case; and
(D) What specific relief is being sought.
(b) If the court finds that the petition is well founded, the
court may grant rights of limited participation as specified by
the court.
(c) Persons petitioning for rights of limited participation are
not entitled to appointed counsel.
(4) In all delinquency proceedings, interpreters shall be
appointed in the manner specified by ORS 45.275 and 45.285 for
the parties to the proceeding, any person granted rights of
limited participation, and any parent or guardian of the youth
without regard to whether the parent or guardian is a party to
the proceeding.
SECTION 48. ORS 419C.626 is amended to read:
419C.626. (1) Upon receiving a report required by ORS 419C.620:
(a) The court may hold a hearing to review the youth offender's
condition and circumstances and to determine if the court should
continue jurisdiction over the youth offender or order
modifications in the custody, placement and supervision of the
youth offender.
(b) And if requested by the youth offender, the attorney for
the youth offender, if any, the parents of the youth offender if
parental rights have not been terminated, { - a court appointed
special advocate, - } a local citizen review board, the Oregon
Youth Authority, a district attorney or a private agency having
guardianship or legal custody of the youth offender, the court
shall hold a hearing within 30 days of receipt of the request.
(2) The court, on its own motion, may hold a review hearing at
any time. Unless good cause otherwise is shown, the court shall
hold a review hearing at any time upon the request of the youth
offender, the attorney for the youth offender, if any, the
parents of the youth offender if parental rights have not been
terminated,
{ - a court appointed special advocate, - } a local citizen
review board, the youth authority, a district attorney or a
private agency having guardianship or legal custody of the youth
offender.
(3) A hearing under subsection (1) or (2) of this section shall
be conducted in the manner provided in ORS 419C.400 (1), 419C.405
and 419C.408, except that the court may receive testimony and
reports as provided in ORS 419C.400 (4). At the conclusion of the
hearing, the court shall enter findings of fact if the decision
is to continue the youth offender in an out-of-home placement in
the legal custody of the youth authority or a private agency. The
findings shall specifically state:
(a) Why continued out-of-home placement is necessary as opposed
to returning the youth offender to the youth offender's home or
promptly securing another placement;
(b) The expected timetable for return home; and
(c) Whether the youth offender's reformation plan or case plan
should be modified.
(4) The court may direct the local citizen review board to
review the status of the youth offender prior to the court's next
review under ORS 419A.106, 419A.108, 419A.110, 419A.112, 419A.116
and 419A.118.
(5) Any final decision of the court made pursuant to a hearing
under subsection (1) or (2) of this section is appealable under
ORS 419A.200.
SECTION 49. ORS 458.558, as amended by section 6 of this 2012
Act, is amended to read:
458.558. (1) The members of the Oregon Volunteers Commission
for Voluntary Action and Service must be citizens of this state
who have a proven commitment to community service and who have a
demonstrated interest in fostering and nurturing citizen
involvement as a strategy for strengthening communities and
promoting the ethic of service in all sectors of this state.
(2) The Governor shall appoint as members of the commission at
least one of each of the following:
(a) An individual with experience in educational, training and
development needs of youth, particularly disadvantaged youth.
(b) An individual with experience in promoting involvement of
older adults in service and volunteerism.
(c) A representative of community-based agencies or
organizations within this state.
(d) The Deputy Superintendent of Public Instruction or
designee.
(e) A representative of local governments in this state.
(f) A representative of local labor unions in this state.
(g) A representative of business.
(h) A person at least 16, but not more than 25, years of age
who is a participant or supervisor in a national service program.
(i) A representative of a national service program described in
42 U.S.C. 12572(a).
(3) In addition to appointing members under subsection (2) of
this section, the Governor may appoint as members individuals
from the following groups:
(a) Educators.
(b) Experts in the delivery of human, educational,
environmental or public safety services to communities and
individuals.
(c) Members of Native American tribes.
(d) At-risk youths who are out of school.
(e) Entities that receive assistance under the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).
{ - (f) A director or representative of a CASA Volunteer
Program. - }
{ - (g) A court appointed special advocate. - }
(4) In making appointments of members described in subsections
(2) and (3) of this section, the Governor shall ensure that:
(a) No more than 50 percent of the appointed members are from
the same political party; and
(b) No more than 25 percent of the appointed members are state
employees.
SECTION 50. ORS 458.568, as amended by section 7 of this 2012
Act, is amended to read:
458.568. The Oregon Volunteers Commission for Voluntary Action
and Service shall:
(1) Develop programs and provide oversight and administration
of programs granted to this state by the Corporation for National
and Community Service under the National and Community Service
Trust Act of 1993, as amended, (P.L. 103-82).
(2) Prepare state applications to the Corporation for National
and Community Service for financial assistance for state-based
service programs.
(3) Develop a statewide plan that is designed to meet or exceed
the Oregon benchmark on volunteerism.
(4) Develop projects, training methods, curriculum materials
and other materials and activities related to state service
programs that receive assistance directly from the Corporation
for National and Community Service.
(5) To engage citizens in service and to strengthen
communities, create statewide access for all Oregon citizens to a
variety of volunteer opportunities by:
(a) Evaluating the status of volunteerism in the public,
private and nonprofit sectors of this state;
(b) Examining methods to strengthen the capacity of volunteer
organizations to support citizen involvement; and
(c) Educating all citizens about the importance of citizen
involvement and voluntary action.
(6) Encourage youth and young adults to engage in their
communities through voluntary action by:
(a) Assisting efforts to inform young Oregonians about
opportunities for involvement in the public, private and
nonprofit sectors;
(b) Promoting the value of service learning as an educational
strategy in the kindergarten through higher educational systems;
and
(c) Collaborating with groups to advocate for youth voice in
the public, private and nonprofit governing structures.
(7) Promote recognition of volunteerism and service into the
daily operation of public, private and nonprofit sectors
throughout the state by:
(a) Promoting a statewide volunteer recognition plan open to
all sectors; and
(b) Assisting efforts by Oregon communities to encourage
citizen involvement in volunteerism.
{ - (8) Implement the provisions of sections 2 and 4 of this
2012 Act. - }
{ - (9) - } { + (8) + } Biennially submit a report to the
Governor and the Legislative Assembly as provided under ORS
192.230 to 192.245:
(a) Detailing commission activities during the preceding
two-year period;
(b) Reviewing and summarizing, to the extent the commission
deems relevant, the content of reports accepted by the commission
on behalf of the Governor;
(c) Assessing the state of volunteerism in Oregon; and
(d) Containing specific recommendations for any additional
legislation the commission deems necessary to carry out the
purpose of the Oregon Volunteer and Community Service Act or to
improve the effectiveness or efficiency of the commission.
SECTION 51. 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) A police department established by a university under ORS
352.383.
(c) Any county sheriff's office.
(d) The Oregon State Police.
(e) 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 services provider.
{ - (r) A court appointed special advocate, as defined in ORS
419A.004. - }
{ - (s) - } { + (r) + } A child care provider registered or
certified under ORS 657A.030 and 657A.250 to 657A.450.
{ - (t) - } { + (s) + } A member of the Legislative
Assembly.
{ +
OPERATIVE DATE RELATING TO + }
{ +
REPEAL OF CASA PROVISIONS + }
SECTION 52. { + The amendments to ORS 131A.360, 342.176,
418.517, 418.575, 418.580, 419A.004, 419A.098, 419A.255,
419A.256, 419B.005, 419B.015, 419B.035, 419B.395, 419B.470,
419B.875, 419C.285, 419C.626, 458.558, 458.568 and 609.652 by
sections 32 to 51 of this 2012 Act become operative on January 2,
2016. + }
{ +
CAPTIONS + }
SECTION 53. { + The unit captions used in this 2012 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 2012 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 54. { + This 2012 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2012 Act takes effect on
its passage. + }
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