Bill Text: OR HB4165 | 2012 | Regular Session | Enrolled
Bill Title: Relating to children; appropriating money; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2012-03-06 - Chapter 37, (2012 Laws): Effective date March 6, 2012. [HB4165 Detail]
Download: Oregon-2012-HB4165-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
House Bill 4165
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber for Early
Learning Council, Oregon Education Investment Board)
CHAPTER ................
AN ACT
Relating to children; creating new provisions; amending ORS
131A.360, 131A.365, 169.090, 181.715, 181.725, 182.515,
315.259, 329.145, 329.150, 329.155, 329.156, 329.175, 329.190,
329.195, 343.475, 343.495, 343.499, 343.507, 357.750, 417.705,
417.710, 417.725, 417.727, 417.728, 417.760, 417.765, 417.775,
417.777, 417.780, 417.785, 417.787, 417.788, 417.790, 417.793,
417.795, 417.797, 417.799, 417.845, 417.850, 417.855, 417.857,
418.751, 418.975, 419A.170, 419B.005, 419C.453, 420.017,
423.565, 430.241, 430.242, 430.420, 430.630, 431.385, 458.525,
609.652, 657A.010, 657A.180, 657A.310, 657A.490, 657A.700,
657A.992 and 805.205 and section 16, chapter 418, Oregon Laws
2011, and sections 4, 10 and 11, chapter 519, Oregon Laws 2011;
repealing ORS 417.730, 417.733, 417.735, 417.740, 417.745,
417.747, 417.750, 417.760, 417.765, 417.770, 417.775, 417.777,
417.780, 417.785, 417.787, 417.797, 417.830, 417.833, 417.836,
417.839, 417.842, 417.845, 419A.047, 657A.600, 657A.610,
657A.620, 657A.630 and 657A.640; appropriating money; limiting
expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
EARLY LEARNING COUNCIL + }
SECTION 1. Section 10, chapter 519, Oregon Laws 2011, is
amended to read:
{ + Sec. 10. + } { - Sections 1 to 7 of this 2011 Act - }
{ + Sections 1, 2, 3, 5, 6 and 7, chapter 519, Oregon Laws
2011, + } are repealed on March 15, 2016.
SECTION 2. Section 11, chapter 519, Oregon Laws 2011, is
amended to read:
{ + Sec. 11. + } (1) On March 15, 2016, the Chief Education
Officer of the Oregon Education Investment Board shall deliver to
the Chancellor of the Oregon University System all records and
property within the jurisdiction of the Chief Education Officer
that relate to the duties, functions and powers of the Oregon
Education Investment Board. The Chancellor of the Oregon
University System shall take possession of the records and
property.
(2) On March 15, 2016, the { - Early Childhood System
Director - } { + Chief Education Officer + } shall deliver to
Enrolled House Bill 4165 (HB 4165-B) Page 1
the { - Superintendent of Public Instruction - } { + Early
Learning System Director + } all records and property within the
jurisdiction of the { - Early Childhood System Director - }
{ + Chief Education Officer + } that relate to the duties,
functions and powers of the Early Learning Council. The
{ - Superintendent of Public Instruction - } { + Early
Learning System Director + } shall take possession of the records
and property.
(3) The Governor shall resolve any dispute between the Chief
Education Officer and the Chancellor of the Oregon University
System, or the { + Chief Education Officer and the + } Early
{ - Childhood - } { + Learning + } System Director { - and
the Superintendent of Public Instruction - } , relating to
transfers of records and property under this section, and the
Governor's decision is final.
SECTION 3. Section 4, chapter 519, Oregon Laws 2011, is amended
to read:
{ + Sec. 4. + } (1) The Early Learning Council is
established. The council shall function under the direction and
control of the Oregon Education Investment Board established by
section 1 { - of this 2011 Act - } { + , chapter 519, Oregon
Laws 2011 + }.
(2) The council is established { - for the purpose of
assisting - } { + to assist + } the board in overseeing a
unified system of early
{ - childhood services, including the funding and
administration of those services. - } { + learning services for
the purpose of ensuring that children enter school ready to
learn. The Early Learning Council shall ensure that children
enter school ready to learn by:
(a) Serving as the state advisory council for purposes of the
federal Head Start Act, as provided by section 7 of this 2012
Act.
(b) Implementing and overseeing a system that coordinates the
delivery of early learning services.
(c) Overseeing the Oregon Early Learning System created by ORS
417.727. + }
(3) { - (a) - } The council consists of { + members
appointed as provided by subsections (4) and (5) of this section.
(4)(a) The Governor shall appoint + } nine { + voting + }
members who are appointed { - by the Governor - } { + for a
term of four years + } and serve at the pleasure of the
Governor. { + A person appointed under this subsection may not
be appointed to serve more than two consecutive full terms as a
council member. + }
(b) When determining { - who - } { + whom + } to appoint to
the council { + under this subsection + }, the Governor shall:
(A) Ensure that at least one of the members is an appointed
member of the Oregon Education Investment Board;
(B) Ensure that each congressional district of this state is
represented { - by at least one member of the council - } ;
(C) For a member who is not an appointed member of the Oregon
Education Investment Board, ensure that the member meets the
following qualifications:
(i) Demonstrates leadership skills in civics or the member's
profession;
(ii) To the greatest extent practicable, contributes to the
council's representation of the geographic, ethnic, gender,
racial and economic diversity of this state; and
Enrolled House Bill 4165 (HB 4165-B) Page 2
(iii) Contributes to the council's expertise, knowledge and
experience in early childhood development, early childhood care,
early childhood education, family financial stability,
populations disproportionately burdened by poor education
outcomes and outcome-based best practices; and
(D) Solicit recommendations from the Speaker of the House of
Representatives for at least two members and from the President
of the Senate for at least two members.
{ + (5) In addition to the members appointed under subsection
(4) of this section, the Governor shall appoint voting, ex
officio members who represent the state agencies and other
entities that are required to be represented on a state advisory
council for purposes of the federal Head Start Act and who
represent the tribes of this state. + }
{ - (4) - } { + (6) + } The activities of the council shall
be directed and supervised by the Early { - Childhood - }
{ + Learning + } System Director, who is appointed by the
Governor and serves at the pleasure of the Governor.
{ + (7) In accordance with applicable provisions of ORS
chapter 183, the council may adopt rules necessary for the
administration of the laws that the council is charged with
administering. + }
SECTION 4. { + Notwithstanding section 4 (4), chapter 519,
Oregon Laws 2011, the members serving on the Early Learning
Council on the effective date of this 2012 Act shall determine by
lot the length of their terms such that:
(1) Four shall serve a term expiring on July 1, 2014; and
(2) Five shall serve a term expiring on July 1, 2015. + }
SECTION 5. Section 4, chapter 519, Oregon Laws 2011, as amended
by section 3 of this 2012 Act, is amended to read:
{ + Sec. 4. + } (1) The Early Learning Council is
established. { - The council shall function under the direction
and control of the Oregon Education Investment Board established
by section 1, chapter 519, Oregon Laws 2011. - }
(2) The council is established to { - assist the board in
overseeing - } { + oversee + } a unified system of early
learning services for the purpose of ensuring that children enter
school ready to learn. The Early Learning Council shall ensure
that children enter school ready to learn by:
(a) Serving as the state advisory council for purposes of the
federal Head Start Act, as provided by section 7 of this 2012
Act.
(b) Implementing and overseeing a system that coordinates the
delivery of early learning services.
(c) Overseeing the Oregon Early Learning System created by ORS
417.727.
(3) The council consists of members appointed as provided by
subsections (4) and (5) of this section.
(4)(a) The Governor shall appoint nine voting members who are
appointed for a term of four years and serve at the pleasure of
the Governor. A person appointed under this subsection may not be
appointed to serve more than two consecutive full terms as a
council member.
(b) When determining whom to appoint to the council under this
subsection, the Governor shall:
{ - (A) Ensure that at least one of the members is an
appointed member of the Oregon Education Investment Board; - }
{ - (B) - } { + (A) + } Ensure that each congressional
district of this state is represented;
Enrolled House Bill 4165 (HB 4165-B) Page 3
{ - (C) - } { + (B) + } { - For a member who is not an
appointed member of the Oregon Education Investment Board, - }
Ensure that { - the - } { + each + } member meets the
following qualifications:
(i) Demonstrates leadership skills in civics or the member's
profession;
(ii) To the greatest extent practicable, contributes to the
council's representation of the geographic, ethnic, gender,
racial and economic diversity of this state; and
(iii) Contributes to the council's expertise, knowledge and
experience in early childhood development, early childhood care,
early childhood education, family financial stability,
populations disproportionately burdened by poor education
outcomes and outcome-based best practices; and
{ - (D) - } { + (C) + } Solicit recommendations from the
Speaker of the House of Representatives for at least two members
and from the President of the Senate for at least two members.
(5) In addition to the members appointed under subsection (4)
of this section, the Governor shall appoint voting, ex officio
members who represent the state agencies and other entities that
are required to be represented on a state advisory council for
purposes of the federal Head Start Act and who represent the
tribes of this state.
(6) The activities of the council shall be directed and
supervised by the Early Learning System Director, who is
appointed by the Governor and serves at the pleasure of the
Governor.
(7) In accordance with applicable provisions of ORS chapter
183, the council may adopt rules necessary for the administration
of the laws that the council is charged with administering.
SECTION 6. { + The amendments to section 4, chapter 519,
Oregon Laws 2011, by section 5 of this 2012 Act become operative
on March 15, 2016. + }
SECTION 7. { + (1) As the state advisory council for purposes
of the federal Head Start Act, the Early Learning Council shall:
(a) Conduct a periodic statewide needs assessment concerning
the quality and availability of early childhood education and
development programs and services for children from birth to
school age, including an assessment of the availability of
high-quality prekindergarten services for low-income children in
this state.
(b) Identify opportunities for, and barriers to, collaboration
and coordination among federally-funded and state-funded child
care and early childhood education and development programs and
services, including collaboration and coordination among state
agencies responsible for administering those programs and
services.
(c) Develop recommendations for increasing the overall
participation of children in existing federal, state and local
early childhood education and development programs and services,
including outreach to underrepresented and special populations.
(d) Develop recommendations for establishing a unified data
collection system for public early childhood education and
development programs and services throughout this state.
(e) Develop recommendations regarding statewide professional
development and career advancement plans for providers of early
childhood education and development programs and services in this
state.
(f) Assess the capacity and effectiveness of two-year and
four-year public and private institutions of higher education in
Enrolled House Bill 4165 (HB 4165-B) Page 4
this state in supporting the development of early childhood
educators, including the extent to which the institutions have
articulation agreements, professional development and career
advancement plans, and internships or other training
opportunities that allow students to spend time with children
enrolled in the federal Head Start program or another
prekindergarten program. The assessment conducted under this
paragraph must be conducted in coordination with appropriate
higher education governance bodies, as identified by the Oregon
Education Investment Board.
(g) Make recommendations for improvements in state early
learning standards and undertake efforts to develop high-quality
comprehensive early learning standards when appropriate.
(2) The council shall hold public hearings and provide an
opportunity for public comment in relation to the actions
described in subsection (1) of this section.
(3)(a) The council shall submit an annual statewide strategic
report addressing the activities described in subsection (1) of
this section to the State Director of Head Start Collaboration,
the Oregon Education Investment Board, the Legislative Assembly
and the Governor.
(b) Following submission of a statewide strategic report
described in paragraph (a) of this subsection, the council may
meet periodically to review the implementation of the
recommendations in the report and to review any changes in state
or local needs. + }
SECTION 8. Section 7 of this 2012 Act is amended to read:
{ + Sec. 7. + } (1) As the state advisory council for
purposes of the federal Head Start Act, the Early Learning
Council shall:
(a) Conduct a periodic statewide needs assessment concerning
the quality and availability of early childhood education and
development programs and services for children from birth to
school age, including an assessment of the availability of
high-quality prekindergarten services for low-income children in
this state.
(b) Identify opportunities for, and barriers to, collaboration
and coordination among federally-funded and state-funded child
care and early childhood education and development programs and
services, including collaboration and coordination among state
agencies responsible for administering those programs and
services.
(c) Develop recommendations for increasing the overall
participation of children in existing federal, state and local
early childhood education and development programs and services,
including outreach to underrepresented and special populations.
(d) Develop recommendations for establishing a unified data
collection system for public early childhood education and
development programs and services throughout this state.
(e) Develop recommendations regarding statewide professional
development and career advancement plans for providers of early
childhood education and development programs and services in this
state.
(f) Assess the capacity and effectiveness of two-year and
four-year public and private institutions of higher education in
this state in supporting the development of early childhood
educators, including the extent to which the institutions have
articulation agreements, professional development and career
advancement plans, and internships or other training
opportunities that allow students to spend time with children
Enrolled House Bill 4165 (HB 4165-B) Page 5
enrolled in the federal Head Start program or another
prekindergarten program. The assessment conducted under this
paragraph must be conducted in coordination with appropriate
higher education governance bodies { - , as identified by the
Oregon Education Investment Board - } .
(g) Make recommendations for improvements in state early
learning standards and undertake efforts to develop high-quality
comprehensive early learning standards when appropriate.
(2) The council shall hold public hearings and provide an
opportunity for public comment in relation to the actions
described in subsection (1) of this section.
(3)(a) The council shall submit an annual statewide strategic
report addressing the activities described in subsection (1) of
this section to the State Director of Head Start Collaboration,
{ - the Oregon Education Investment Board, - } the Legislative
Assembly and the Governor.
(b) Following submission of a statewide strategic report
described in paragraph (a) of this subsection, the council may
meet periodically to review the implementation of the
recommendations in the report and to review any changes in state
or local needs.
SECTION 9. { + The amendments to section 7 of this 2012 Act by
section 8 of this 2012 Act become operative March 15, 2016. + }
SECTION 10. { + (1) The Early Learning Council Fund is
established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Early Learning Council Fund
shall be credited to the fund.
(2) Moneys in the Early Learning Council Fund consist of:
(a) Amounts donated to the fund;
(b) Moneys transferred to the fund from the federal government,
state agencies and local governments;
(c) Amounts appropriated or otherwise transferred to the fund
by the Legislative Assembly;
(d) Investment earnings received on moneys in the fund; and
(e) Other amounts deposited in the fund from any source.
(3) Moneys in the fund are continuously appropriated to the
Early Learning Council established in section 4, chapter 519,
Oregon Laws 2011, for the purpose of fulfilling the council's
duties, functions and powers.
(4) The council may establish accounts and subaccounts within
the fund when the council determines that accounts or subaccounts
are necessary or desirable and may credit any interest or income
derived from moneys in the fund to any account or subaccount in
the fund. + }
SECTION 11. { + By September 30, 2012, the Early Learning
Council established by section 4, chapter 519, Oregon Laws 2011,
and the State Interagency Coordinating Council created by ORS
343.499 shall jointly submit a report to the Oregon Education
Investment Board and the interim committees of the Legislative
Assembly on education and human services. The report shall
describe the unique complexities of providing early childhood
special education and early intervention services and shall make
recommendations for possible ways to better coordinate and
improve the delivery of those services. In developing the report
described in this section, the councils shall conduct a public
and transparent process and shall solicit and consider the input
of stakeholders and interested persons. + }
SECTION 12. { + (1) By September 30, 2012, the Early Learning
Council established by section 4, chapter 519, Oregon Laws 2011,
shall submit a report to the Oregon Education Investment Board
Enrolled House Bill 4165 (HB 4165-B) Page 6
and the interim committees of the Legislative Assembly on
education and human services. The report shall describe a
comprehensive children's budget for adequately funding early
childhood education and development programs and services and
that may be used to design a budget for early childhood education
and development programs and services for the 2013-2015 biennium.
The budget set forth in the report shall include an analysis for
maximizing:
(a) Existing evidence-based programs and services serving
at-risk children; and
(b) Existing programs and services that facilitate early
childhood development by supporting the financial stability of
low-income families.
(2) In developing the report described in this section, the
council shall conduct a public and transparent process and shall
solicit and consider the input of stakeholders and interested
persons.
(3) As used in this section:
(a) 'At-risk child' means a child who is at risk of not
entering school ready to learn due to factors, including but not
limited to:
(A) Living in a household that is at or near poverty, as
determined under federal poverty guidelines;
(B) Living in inadequate or unsafe housing;
(C) Having inadequate nutrition;
(D) Living in a household where there is significant or
documented domestic conflict, disruption or violence;
(E) Having a parent who suffers from mental illness, who
engages in substance abuse or who experiences a developmental
disability or an intellectual disability;
(F) Living in circumstances under which there is neglectful or
abusive care-giving;
(G) Having unmet health care and medical treatment needs; and
(H) Having a racial or ethnic minority status that is
historically consistent with disproportionate overrepresentation
in academic achievement gaps or in the systems of child welfare,
foster care or juvenile or adult corrections.
(b) 'Comprehensive children's budget' means a budget for the
total amount identified by the Early Learning Council as being
necessary to deliver, manage and coordinate quality early
childhood education and development programs and services for
children to ensure that children enter school ready to learn.
(c) 'Early childhood education and development programs and
services' means programs and services for children zero through
six years of age that address language and literacy development,
cognition and general knowledge, learning approaches, physical
health and well-being, motor development and social and emotional
development. + }
SECTION 13. { + By September 30, 2012, the Early Learning
Council established by section 4, chapter 519, Oregon Laws 2011,
shall submit a report to the Oregon Education Investment Board
and the interim committees of the Legislative Assembly on
education and human services that describes the availability,
resources and functions of persons who act as family support
managers, as described in section 5 (3)(b), chapter 519, Oregon
Laws 2011. In developing the report described in this section,
the council shall conduct a public and transparent process and
shall solicit and consider the input of stakeholders and
interested persons. + }
Enrolled House Bill 4165 (HB 4165-B) Page 7
SECTION 14. { + (1) The Early Learning Council established by
section 4, chapter 519, Oregon Laws 2011, and the Department of
Education shall jointly develop a process that allows for an
assessment of children to determine their readiness for
kindergarten. The development of the process must include the
input of kindergarten teachers prior to implementation as
described in subsection (2) of this section.
(2) By November 1, 2012, the process described in subsection
(1) of this section must be made available to school districts
that have been selected to be part of a pilot program for the
implementation of the process. The council and department shall
select the participating school districts from school districts
that volunteer to be part of the pilot program and in a manner
that achieves the greatest possible diversity of school districts
across this state.
(3) By November 1, 2013, the process described in subsection
(1) of this section must be made available to all school
districts for implementation. + }
SECTION 15. { + (1) By February 4, 2013, the Early Learning
Council established by section 4, chapter 519, Oregon Laws 2011,
shall submit a report to the Legislative Assembly on the
functions and administration of community-based coordinators of
early learning services, including but not limited to:
(a) The contracting criteria and process for implementing the
community-based coordination structure.
(b) The relationship between community-based coordinators of
early learning services and a comprehensive children's budget, as
described in section 12 of this 2012 Act.
(c) The relationship between the council and the
community-based coordination structure.
(d) The proposed governance structure of community-based
coordinators of early learning services, including methods of
addressing potential conflicts of interest.
(2) In developing the report described in this section, the
council shall conduct a public and transparent process and shall
solicit and consider the input of stakeholders and interested
persons.
(3) Except to prepare the report described in subsection (1) of
this section, the council may not expend public funds to
implement community-based coordinators of early learning services
until the Legislative Assembly approves the council's
implementation plans by repealing this subsection. + }
SECTION 16. { + By June 30, 2013, the Early Learning Council
established by section 4, chapter 519, Oregon Laws 2011, shall
work with the Department of Education and other state agencies
and shall:
(1) Adopt a Head Start Child Development Early Learning
Framework for children three through five years of age; and
(2) Initiate revisions to the early childhood foundation
standards for children zero through three years of age to align
the standards with the framework described in subsection (1) of
this section. + }
SECTION 17. { + (1) By June 30, 2015, the Department of
Education shall align Common Core State Standards with Oregon
Early Learning System outcomes and with the Head Start Child
Development Early Learning Framework adopted under section 16 of
this 2012 Act.
(2) Beginning April 1, 2012, the department shall report
quarterly to the Early Learning Council and the Oregon Education
Enrolled House Bill 4165 (HB 4165-B) Page 8
Investment Board on the state's progress toward meeting the goal
identified in subsection (1) of this section. + }
SECTION 18. ORS 329.195 is amended to read:
329.195. (1) { + (a) + } The State Board of Education shall
adopt rules for the establishment of the Oregon prekindergarten
program.
{ + (b) + } Rules { + adopted under this section + }
specifically shall require { - the Oregon prekindergarten
program to provide for parental involvement and - } { + :
(A) + } Performance standards { + and operating standards that
are + } at a level no less than { - that provided - } { + the
level + } { + required + } under the federal Head Start program
guidelines.
{ + (B) Processes and procedures for recompetition that are
substantially similar to the processes and procedures required
under the rules and guidelines adopted under the federal Head
Start Act.
(c) + } Federal Head Start program guidelines shall be
considered as guidelines for the Oregon prekindergarten program.
(2) In developing rules for the Oregon prekindergarten program,
the board shall consult with the advisory committee established
under ORS 329.190 and shall consider such factors as coordination
with existing programs, the preparation necessary for
instructors, qualifications of instructors, training of staff,
adequate space and equipment and special transportation needs.
(3) The Department of Education shall review applications for
the Oregon prekindergarten program received and designate those
programs as eligible to commence operation by July 1 of each
year. When approving grant applications, to the extent
practicable, the board shall distribute funds regionally based on
percentages of unmet needs as identified in the voluntary local
early childhood system plans that are part of the local
coordinated comprehensive plans developed under ORS 417.775 for
the county or region.
{ + NOTE: + } Sections 19 and 20 were deleted by amendment.
Subsequent sections were not renumbered.
{ +
YOUTH DEVELOPMENT COUNCIL + }
SECTION 21. { + (1) The Youth Development Council is
established. The council shall function under the direction and
control of the Oregon Education Investment Board established by
section 1, chapter 519, Oregon Laws 2011.
(2) The council is established for the purpose of assisting the
board in overseeing a unified system that provides services to
school-age children through youth 20 years of age in a manner
that supports academic success, reduces criminal involvement and
is integrated, measurable and accountable.
(3) The council consists of no fewer than 15 members who are
appointed by the Governor. The Governor shall ensure that
membership of the council satisfies any federal requirements for
membership of a state advisory committee on juvenile justice, and
shall include tribal representation in the membership of the
council.
(4) The council shall:
(a) Prioritize funding for prevention and intervention services
related to gang violence and gang involvement.
(b) Determine the means by which services to children and youth
may be provided effectively and efficiently across multiple
Enrolled House Bill 4165 (HB 4165-B) Page 9
programs to improve the academic and social outcomes of children
and youth.
(c) Assess state programs and services related to youth
development and training, and identify methods by which programs
and services may be coordinated or consolidated.
(d) Establish common academic and social indicators to support
attainment of goals established by the Oregon Education
Investment Board.
(e) Establish common program outcome measurements and
coordinate data collection across multiple programs and services.
(f) Ensure implementation of best practices that:
(A) Are evidence based;
(B) Are culturally, gender and age appropriate;
(C) Address individual risk factors;
(D) Build upon factors that increase the health and well-being
of children and youth; and
(E) Include tribal best practices.
(5) The Governor may designate one member of the council to
serve as the chairperson or, if the Governor chooses not to
designate a chairperson, the council may elect one of its members
to serve as chairperson. + }
SECTION 21a. { + Section 21 of this 2012 Act becomes operative
on July 1, 2012. + }
SECTION 21b. { + (1) The Youth Development Council Fund is
established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Youth Development Council
Fund shall be credited to the fund.
(2) Moneys in the Youth Development Council Fund consist of:
(a) Amounts donated to the fund;
(b) Moneys transferred to the fund from the federal government,
state agencies and local governments;
(c) Amounts appropriated or otherwise transferred to the fund
by the Legislative Assembly;
(d) Investment earnings received on moneys in the fund; and
(e) Other amounts deposited in the fund from any source.
(3) Moneys in the fund are continuously appropriated to the
Youth Development Council established in section 21 of this 2012
Act for the purpose of fulfilling the council's duties, functions
and powers.
(4) The council may establish accounts and subaccounts within
the fund when the council determines that accounts or subaccounts
are necessary or desirable and may credit any interest or income
derived from moneys in the fund to any account or subaccount in
the fund. + }
SECTION 22. { + For the biennium beginning July 1, 2011, funds
allocated to tribes may not be decreased by the Youth Development
Council or the Juvenile Crime Prevention Advisory Committee. + }
SECTION 23. Section 21 of this 2012 Act is amended to read:
{ + Sec. 21. + } (1) The Youth Development Council is
established.
{ - The council shall function under the direction and control
of the Oregon Education Investment Board established by section
1, chapter 519, Oregon Laws 2011. - }
(2) The council is established for the purpose of
{ - assisting the board in - } overseeing a unified system that
provides services to school-age children through youth 20 years
of age in a manner that supports academic success, reduces
criminal involvement and is integrated, measurable and
accountable.
Enrolled House Bill 4165 (HB 4165-B) Page 10
(3) The council consists of no fewer than 15 members who are
appointed by the Governor. The Governor shall ensure that
membership of the council satisfies any federal requirements for
membership of a state advisory committee on juvenile justice.
(4) The council shall:
(a) Prioritize funding for prevention and intervention services
related to gang violence and gang involvement.
(b) Determine the means by which services to children and youth
may be provided effectively and efficiently across multiple
programs to improve the academic and social outcomes of children
and youth.
(c) Assess state programs and services related to youth
development and training, and identify methods by which programs
and services may be coordinated or consolidated.
(d) Establish common academic and social indicators to support
attainment of goals established by the { - Oregon Education
Investment Board - } { + council + }.
(e) Establish common program outcome measurements and
coordinate data collection across multiple programs and services.
(f) Ensure implementation of best practices that:
(A) Are evidence based;
(B) Are culturally, gender and age appropriate;
(C) Address individual risk factors;
(D) Build upon factors that increase the health and well-being
of children and youth; and
(E) Include tribal best practices.
(5) The Governor may designate one member of the council to
serve as the chairperson or, if the Governor chooses not to
designate a chairperson, the council may elect one of its members
to serve as chairperson.
{ + (6) In accordance with applicable provisions of ORS
chapter 183, the council may adopt rules necessary for the
administration of the laws that the council is charged with
administering. + }
SECTION 24. { + The amendments to section 21 of this 2012 Act
by section 23 of this 2012 Act become operative on March 15,
2016. + }
SECTION 25. { + By September 30, 2012, the Youth Development
Council shall submit a report to the Oregon Education Investment
Board that summarizes existing social services and existing
juvenile justice programs and services provided by state
government that reduce criminal involvement and support academic
success for school-age children through youth 20 years of age.
The report shall include summaries of the costs, goals, outcomes
and locations of the programs and services. + }
SECTION 26. { + By November 1, 2013, the Youth Development
Council shall submit a report to the Oregon Education Investment
Board that establishes funding priorities for gang violence
intervention efforts and programs that assist gang-affected
youth. + }
SECTION 27. ORS 417.845 is amended to read:
417.845. (1) The Juvenile Crime Prevention Advisory Committee
is created within the { - State Commission on Children and
Families - } { + Youth Development Council + }.
(2) The committee shall have the following members:
(a) The Director of the Oregon Youth Authority or a designee of
the director;
{ - (b) The staff director of the State Commission on
Children and Families or a designee of the staff director; - }
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{ + (b) The chairperson of the Youth Development Council or a
designee of the chairperson; + }
(c) The Director of the Oregon Health Authority or one or more
designees of the director, one of whom has expertise in treatment
and prevention of substance abuse;
(d) The executive director of the Oregon Criminal Justice
Commission or a designee of the executive director;
(e) The Superintendent of Public Instruction or a designee of
the superintendent;
(f) The Superintendent of State Police or a designee of the
superintendent;
(g) The Director of the Department of Corrections or a designee
of the director;
(h) One designee of the Governor;
(i) One member appointed by the President of the Senate, who
shall be a member of the Senate and who shall be a nonvoting,
advisory member;
(j) One member appointed by the Speaker of the House of
Representatives, who shall be a member of the House of
Representatives and who shall be a nonvoting, advisory member;
and
(k) One designee of the Chief Justice of the Supreme Court from
the Judicial Department who serves as a nonvoting member to
provide information and support the partnership role of the
courts in an effective comprehensive statewide approach to
high-risk youth and their families.
(3) In addition to the members listed in subsection (2) of this
section, the Governor shall appoint the following members who
shall be representative of the geographic and cultural diversity
of the state:
(a) To represent local public and private entities:
(A) A county commissioner;
(B) A local juvenile director;
(C) A director of a local commission on children and families;
(D) Two law enforcement officials;
(E) A county mental health director;
(F) An alcohol and drug abuse professional;
(G) A school superintendent;
(H) A private youth service provider; and
(I) An elected city official;
(b) A researcher;
(c) A citizen member; and
(d) Other members as determined by the Governor.
(4) Each member of the committee appointed by the Governor
under subsection (3) of this section shall serve a term of four
years. Members appointed by the Governor shall serve at the
pleasure of the Governor. A vacancy in the office of any member
appointed by the Governor under subsection (3) of this section
shall be filled by the Governor by appointment for the unexpired
term.
(5) The Governor shall select one of the members of the
committee as chairperson and one of its members as vice
chairperson.
(6) The committee shall meet at times, places and intervals
deemed advisable by a majority of the members.
(7) The { - State Commission on Children and Families - }
{ + Youth Development Council + } shall provide staff support to
the committee.
Enrolled House Bill 4165 (HB 4165-B) Page 12
(8) Members of the committee who are members of the Legislative
Assembly are entitled to compensation and reimbursement of
expenses as provided in ORS 171.072.
(9) Members of the committee who are not members of the
Legislative Assembly are not entitled to compensation, but may be
reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
expenses shall be paid out of funds appropriated to the
{ - State Commission on Children and Families - } { + Youth
Development Council + } for purposes of the committee.
SECTION 28. { + The amendments to ORS 417.485 by section 27 of
this 2012 Act become operative on July 1, 2012. + }
{ +
ABOLISHMENT OF + }
{ +
STATE COMMISSION ON CHILDREN AND FAMILIES + }
SECTION 29. { + (1) The State Commission on Children and
Families is abolished. On the operative date of this section, all
duties, functions and powers of the State Commission on Children
and Families are imposed upon, transferred to and vested in:
(a) The Early Learning Council established in section 4,
chapter 519, Oregon Laws 2011, for duties, functions and powers
related to children zero through six years of age; and
(b) The Youth Development Council established in section 21 of
this 2012 Act for duties, functions and powers related to
school-age children through youth 20 years of age.
(2) The staff director of the State Commission on Children and
Families shall:
(a) Deliver to the Early Learning System Director or the
chairperson of the Youth Development Council all records and
property within the jurisdiction of the staff director and the
state commission that relate to the duties, functions and powers
transferred to and assumed by the council under the provisions of
this section.
(b) Transfer to the Early Learning Council or the Youth
Development Council those employees engaged primarily in the
exercise of the duties, functions and powers transferred to and
assumed by the council under the provisions of this section.
(3) The Early Learning System Director or the chairperson of
the Youth Development Council shall take possession of the
records and property, and shall take charge of the employees and
employ them in the exercise of the duties, functions and powers
transferred by the provisions of this section, without reduction
of compensation but subject to change or termination of
employment or compensation as provided by law.
(4) The Governor shall resolve any dispute between the State
Commission on Children and Families, the Early Learning Council
and the Youth Development Council relating to transfers of
records, property and employees under this section, and the
Governor's decision is final. + }
SECTION 30. { + (1) The State Commission on Children and
Families Account is abolished. Any moneys remaining in the
account on the operative date of this section that are
unexpended, unobligated and not subject to any conditions shall
be transferred as provided by subsection (2) of this section to:
(a) The Youth Development Council Fund established under
section 21b of this 2012 Act; and
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(b) The Early Learning Council Fund established under section
10 of this 2012 Act.
(2)(a) Moneys to be transferred to the Youth Development
Council Fund include any moneys from any source that were
specifically donated, appropriated, transferred, granted or
otherwise provided to fulfill a duty, function or power of the
Youth Development Council, including moneys received under the
Social Services Block Grant program, moneys received from the
Office of Juvenile Justice and Delinquency Prevention, moneys
received under the Foster Care Program and the Adoption
Assistance Program, moneys received from the Casey Foundation and
any other moneys in the State Commission on Children and Families
Account designated by the Governor.
(b) Moneys to be transferred to the Early Learning Council Fund
include any moneys from any source in the State Commission on
Children and Families Account that are not identified in
paragraph (a) of this subsection.
(c) The Governor shall resolve any disputes related to the
transfer of funds under this section, and the Governor's decision
is final. + }
SECTION 31. { + (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 the provisions of
section 29 of this 2012 Act are transferred to and are available
for expenditure by the Office of the Governor for the Early
Learning Council or the Youth Development Council for the
biennium beginning July 1, 2011, for the purpose of administering
and enforcing the duties, functions and powers transferred by the
provisions of section 29 of this 2012 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the state commission
remain applicable to expenditures by the council under this
section. + }
SECTION 32. { + The transfer of duties, functions and powers
to the Early Learning Council and the Youth Development Council
by the provisions of section 29 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 Early Learning Council
or the Youth Development Council is substituted for the State
Commission on Children and Families in the action, proceeding or
prosecution. + }
SECTION 33. 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,
Enrolled House Bill 4165 (HB 4165-B) Page 14
the cost of disabling a hidden compartment in a motor vehicle and
the expenses of maintaining the seized property. The forfeiting
agency may not pay expenditures made in connection with the
ordinary maintenance and operation of a seizing or forfeiting
agency under this subsection.
(4) After payment of costs under subsection (3) of this
section, the forfeiting agency shall:
(a) Deduct an amount equal to five percent of the forfeiture
proceeds and deposit that amount in the Illegal Drug Cleanup Fund
established by ORS 475.495 for the purposes specified in ORS
475.495 (5) and (6);
(b) Deduct an amount equal to 2.5 percent of the forfeiture
proceeds and deposit that amount in the Asset Forfeiture
Oversight Account;
(c) Deduct an amount equal to 20 percent of the forfeiture
proceeds and deposit that amount in the Oregon Criminal Justice
Commission Account established under ORS 137.662 for disbursement
to drug court programs as described in ORS 3.450; and
(d) Deduct an amount equal to 10 percent of the forfeiture
proceeds and deposit that amount in the { - State Commission on
Children and Families Account established by ORS 417.733 - }
{ + Early Learning Council Fund established in section 10 of
this 2012 Act + } for disbursement to relief nurseries as
described in ORS 417.788.
(5) If the forfeiting agency has entered into an agreement with
a county under subsection (2) of this section, after paying costs
under subsection (3) of this section and making the deductions
required by subsection (4) of this section, the forfeiting agency
shall pay the county the amounts required by the agreement.
(6) After making all payments and deductions required by
subsections (3), (4) and (5) of this section, the forfeiting
agency may use the remaining forfeiture proceeds, including
amounts received by a county under subsection (5) of this section
or by a any other public body under an intergovernmental
agreement entered into under ORS 131A.355, only for:
(a) The purchase of equipment necessary for the enforcement of
laws relating to the unlawful delivery, distribution, manufacture
or possession of controlled substances;
(b) Currency for undercover law enforcement operations;
(c) Drug awareness and drug education programs offered in
middle schools and high schools;
(d) The expenses of a forfeiting agency in operating joint
narcotic operations with other forfeiting agencies pursuant to
the terms of an intergovernmental agreement, including paying for
rental space, utilities and office equipment;
(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 Volunteer Program.
(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.
Enrolled House Bill 4165 (HB 4165-B) Page 15
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 34. ORS 131A.365 is amended to read:
131A.365. (1) The provisions of this section apply only when
the forfeiting agency is the state, and apply only to forfeiture
proceeds arising out of prohibited conduct as defined by ORS
131A.005 (12)(a).
(2) After entry of a judgment of forfeiture, a forfeiting
agency shall first pay from the forfeiture proceeds the costs
incurred by seizing and forfeiting agencies in investigating and
prosecuting the case, including costs, disbursements and attorney
fees as defined in ORCP 68 A, special expenses such as the
provision of currency for undercover law enforcement operations,
the cost of disabling a hidden compartment in a motor vehicle and
the expenses of maintaining the seized property. The forfeiting
agency may not pay expenditures made in connection with the
ordinary maintenance and operation of a seizing or forfeiting
agency under this subsection. Any amount paid to or retained by
the Department of Justice under this subsection shall be
deposited in the Criminal Justice Revolving Account in the State
Treasury. Any amount paid to or retained by the Oregon State
Police under this subsection shall be deposited in the State
Police Account.
(3) After payment of costs under subsection (2) of this
section, the forfeiting agency shall:
(a) Deduct an amount equal to 10 percent of the forfeiture
proceeds and deposit that amount in the Illegal Drug Cleanup Fund
established by ORS 475.495 for the purposes specified in ORS
475.495 (5) and (6);
(b) Deduct an amount equal to three percent of the forfeiture
proceeds, not to exceed $50,000 in a biennium, and deposit that
amount in the Asset Forfeiture Oversight Account;
(c) Deduct an amount equal to 20 percent of the forfeiture
proceeds and deposit that amount in the Oregon Criminal Justice
Commission Account established under ORS 137.662 for disbursement
to drug court programs as described in ORS 3.450; and
(d) Deduct an amount equal to 10 percent of the forfeiture
proceeds and deposit that amount in the { - State Commission on
Children and Families Account established by ORS 417.733 - }
{ + Early Learning Council Fund established in section 10 of
this 2012 Act + } for disbursement to relief nurseries as
described in ORS 417.788.
(4) If the forfeiting agency has entered into an
intergovernmental agreement with another public body under ORS
131A.355, or has entered into an agreement with any other law
enforcement agency of the state relating to distribution of
forfeiture proceeds, after paying costs under subsection (2) of
this section and making the deductions required by subsection (3)
of this section, the forfeiting agency shall pay an equitable
portion of the forfeiture proceeds to each agency participating
in the seizure or forfeiture as provided by the agreement.
(5) After making all payments and deductions required by
subsections (2), (3) and (4) of this section, the forfeiting
agency shall distribute the remaining forfeiture proceeds as
follows:
(a) If no law enforcement agency other than the Department of
Justice participated in the seizure or forfeiture, the remaining
forfeiture proceeds, and forfeiture proceeds received by the
Enrolled House Bill 4165 (HB 4165-B) Page 16
Department of Justice under subsection (4) of this section, shall
be divided between the Criminal Justice Revolving Account and the
Special Crime and Forfeiture Account according to the following
schedule:
(A) One hundred percent of the first $200,000 accumulated shall
be deposited in the Criminal Justice Revolving Account.
(B) Seventy-five percent of the next $200,000 shall be
deposited in the Criminal Justice Revolving Account and the
balance in the Special Crime and Forfeiture Account.
(C) Fifty percent of the next $200,000 shall be deposited in
the Criminal Justice Revolving Account and the balance in the
Special Crime and Forfeiture Account.
(D) Twenty-five percent of the next $200,000 shall be deposited
in the Criminal Justice Revolving Account and the balance in the
Special Crime and Forfeiture Account.
(E) One hundred percent of all additional sums shall be
deposited in the Special Crime and Forfeiture Account.
(b) If no law enforcement agency other than the Department of
State Police participated in the seizure or forfeiture, the
remaining proceeds, and proceeds received by the Department of
State Police under subsection (4) of this section, shall be
divided between the State Police Account and the Special Crime
and Forfeiture Account according to the following schedule:
(A) One hundred percent of the first $600,000 accumulated shall
be deposited in the State Police Account.
(B) Seventy-five percent of the next $300,000 shall be
deposited in the State Police Account and the balance in the
Special Crime and Forfeiture Account.
(C) Fifty percent of the next $200,000 shall be deposited in
the State Police Account and the balance in the Special Crime and
Forfeiture Account.
(D) Twenty-five percent of the next $200,000 shall be deposited
in the State Police Account and the balance in the Special Crime
and Forfeiture Account.
(E) One hundred percent of all additional sums shall be
deposited in the Special Crime and Forfeiture Account.
(6) Forfeiture proceeds distributed under subsection (5) of
this section may be used only for:
(a) The purchase of equipment necessary for the enforcement of
laws relating to the unlawful delivery, distribution, manufacture
or possession of controlled substances;
(b) Currency for undercover law enforcement operations;
(c) Drug awareness and drug education programs offered in
middle schools and high schools; and
(d) The expenses of a forfeiting agency in operating joint
narcotic operations with other forfeiting agencies pursuant to
the terms of an intergovernmental agreement, including paying for
rental space, utilities and office equipment.
(7) A forfeiting agency shall sell as much property as may be
needed to make the distributions required by this section.
Distributions required under subsection (3) of this section must
be made once every three months and are due within 20 days of the
end of each quarter. No interest shall accrue on amounts that are
paid within the period specified by this subsection.
SECTION 35. ORS 181.715 is amended to read:
181.715. (1) The Department of State Police or another criminal
justice agency designated by the Director of the Oregon
Department of Administrative Services shall operate a Criminal
Justice Information Standards program that coordinates
Enrolled House Bill 4165 (HB 4165-B) Page 17
information among state criminal justice agencies. The program
shall:
(a) Ensure that in developing new information systems, data can
be retrieved to support evaluation of criminal justice planning
and programs, including, but not limited to, the ability of the
programs to reduce future criminal conduct;
(b) Ensure that maximum effort is made for the safety of public
safety officers;
(c) Establish methods and standards for data interchange and
information access between criminal justice information systems,
in compliance with the technology standards and policies of the
Oregon Department of Administrative Services;
(d) Design and implement improved applications for exchange of
agency information; and
(e) Implement the capability to exchange images between
criminal justice agencies.
(2) The program shall develop a plan to accelerate data sharing
and information integration among criminal justice agencies. The
plan shall include, but is not limited to, priorities, timelines,
development costs, resources needed, the projected ongoing cost
of support, critical success factors and any known barriers to
accomplishing the plan. Representatives of criminal justice
agencies and public safety agencies, including but not limited to
local law enforcement agencies, courts of criminal jurisdiction,
district attorneys, city attorneys with criminal prosecutive
functions, public defender organizations established under ORS
chapter 151, community corrections directors, jail managers and
county juvenile departments, shall be invited to participate in
the planning process. The program shall present the plan to the
Director of the Oregon Department of Administrative Services no
later than May 30 of each even-numbered year for development of
the Governor's budget report. The program shall submit the plan
to the Joint Legislative Committee on Information Management and
Technology no later than December 31 of each even-numbered year.
(3) Notwithstanding the meaning given 'criminal justice agency'
in ORS 181.010, as used in this section and ORS 181.720, '
criminal justice agency' includes, but is not limited to:
(a) The Judicial Department;
(b) The Attorney General;
(c) The Department of Corrections;
(d) The Department of State Police;
(e) Any other state agency with law enforcement authority
designated by order of the Governor;
(f) The Department of Transportation;
(g) The State Board of Parole and Post-Prison Supervision;
(h) The Department of Public Safety Standards and Training;
(i) The State Department of Fish and Wildlife;
(j) The Oregon Liquor Control Commission;
(k) The Oregon Youth Authority;
(L) { - The State Commission on Children and Families - }
{ + The Youth Development Council + }; and
(m) A university that has established a police department under
ORS 352.383.
SECTION 36. ORS 181.725 is amended to read:
181.725. (1) There is established a Criminal Justice
Information Standards Advisory Board to advise the Department of
State Police or the criminal justice agency designated by the
Director of the Oregon Department of Administrative Services
under ORS 181.715 (1) about the department's or the agency's
Enrolled House Bill 4165 (HB 4165-B) Page 18
duties under ORS 181.715. The board consists of the following
members:
(a) The State Court Administrator or the administrator's
designee;
(b) The Director of the Department of Corrections or the
director's designee;
(c) The Superintendent of State Police or the superintendent's
designee;
(d) The executive director of the Oregon Criminal Justice
Commission or the executive director's designee;
(e) The Director of Transportation or the director's designee;
(f) The chairperson of the State Board of Parole and
Post-Prison Supervision or the chairperson's designee;
(g) The Director of the Department of Public Safety Standards
and Training or the director's designee;
(h) A chief of police designated by the Oregon Association
Chiefs of Police;
(i) A sheriff designated by the Oregon State Sheriffs'
Association;
(j) A jail manager designated by the Oregon Sheriff's Jail
Command Council;
(k) A county juvenile department director designated by the
Oregon Juvenile Department Directors' Association;
(L) A community corrections agency director designated by the
Oregon Association of Community Corrections Directors;
(m) A district attorney designated by the Oregon District
Attorneys Association;
(n) The administrator of the Enterprise Information Strategy
and Policy Division of the Oregon Department of Administrative
Services or the administrator's designee;
(o) The Director of the Oregon Youth Authority or the
director's designee;
(p) The State Fish and Wildlife Director or the director's
designee;
(q) The administrator of the Oregon Liquor Control Commission
or the administrator's designee; and
{ - (r) The staff director of the State Commission on
Children and Families or the staff director's designee. - }
{ + (r) The chairperson of the Youth Development Council or
the chairperson's designee. + }
(2) The board shall meet at such times and places as the board
deems necessary.
(3) The members of the board are not entitled to compensation
but are entitled to expenses as provided in ORS 292.495.
SECTION 37. ORS 182.515 is amended to read:
182.515. As used in this section and ORS 182.525:
(1) 'Agency' means:
(a) The Department of Corrections;
(b) The Oregon Youth Authority;
(c) { - The State Commission on Children and Families - }
{ + The Youth Development Council + }; and
(d) That part of the Oregon Health Authority that deals with
mental health and addiction issues.
(2) 'Cost effective' means that cost savings realized over a
reasonable period of time are greater than costs.
(3) 'Evidence-based program' means a program that:
(a) Incorporates significant and relevant practices based on
scientifically based research; and
(b) Is cost effective.
Enrolled House Bill 4165 (HB 4165-B) Page 19
(4)(a) 'Program' means a treatment or intervention program or
service that is intended to:
(A) Reduce the propensity of a person to commit crimes;
(B) Improve the mental health of a person with the result of
reducing the likelihood that the person will commit a crime or
need emergency mental health services; or
(C) Reduce the propensity of a person who is less than 18 years
of age to engage in antisocial behavior with the result of
reducing the likelihood that the person will become a juvenile
offender.
(b) 'Program' does not include:
(A) An educational program or service that an agency is
required to provide to meet educational requirements imposed by
state law; or
(B) A program that provides basic medical services.
(5) 'Scientifically based research' means research that obtains
reliable and valid knowledge by:
(a) Employing systematic, empirical methods that draw on
observation or experiment;
(b) Involving rigorous data analyses that are adequate to test
the stated hypotheses and justify the general conclusions drawn;
and
(c) Relying on measurements or observational methods that
provide reliable and valid data across evaluators and observers,
across multiple measurements and observations and across studies
by the same or different investigators.
SECTION 37a. ORS 329.145 is amended to read:
329.145. As used in ORS 329.150 and 329.155:
(1) 'Families' means a group of individuals related by blood,
marriage or adoption, or individuals whose functional
relationships are similar to those found in such associations.
The family's purpose is the security, support, nurturance, love,
transmission of values and facilitation of each member's growth
and development, and is the primary social unit affecting a
child's well-being.
(2) 'Services' means education and all other programs and
services addressing one or more of a child's six basic needs as
follows: stimulus, nutrition, health, safety, nurturance and
shelter.
(3) 'Young children' means children zero through
{ - eight - } { + six + } years of age.
SECTION 38. ORS 329.155 is amended to read:
329.155. (1) State agencies that administer education programs
and other programs that provide services for children and
families shall:
(a) Evaluate the effectiveness of the program as related to the
principles stated in ORS 329.025 and 417.305 in the earliest
stages of the budget process, including components within
programs as appropriate;
(b) Articulate ways in which the program is { + :
(A) + } An effective component of agency and state priorities,
goals and strategies { - , such as those developed by the Oregon
Progress Board, or to - } { + that have been established by the
Early Learning Council; and
(B) + } Relevant { + to + } research and professional
standards;
(c) Establish plans, interagency partnerships, implementation
practices and interactions with local coordinated comprehensive
plans;
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(d) { - Utilize - } { + Use + } the information generated
by applicable state advisory groups { + and governing boards + }
{ - and by the local planning process administered by the State
Commission on Children and Families - } in the program
assessment of needs and decisions as to service delivery in a
given community; and
(e) Identify barriers to improving program capability to serve
the needs of young children and { + make + } related
recommendations, if any { + , to the Early Learning Council + }.
(2) The processes listed in subsection (1) of this section are
for the purpose of generating interagency coordination so as to
serve to the greatest extent possible young children and their
families in a comprehensive and developmentally appropriate
fashion. The information generated by these processes shall be
considered as a contribution to subsequent budget decisions by
state and local agencies, the Oregon Department of Administrative
Services and { + the + } Legislative Assembly { - , and as a
contribution to the planning and coordination tasks of the State
Commission on Children and Families - } .
SECTION 39. ORS 329.156 is amended to read:
329.156. (1) The Department of Education { - , - }
{ + and + } the Department of Human Services { - and the State
Commission on Children and Families - } shall support the
development and implementation of a network of community learning
centers across the state.
(2) Within available funding, the { - state commission - }
{ + Early Learning Council + }, in conjunction with local
commissions on children and families or other organizations that
provide training and technical assistance to schools or community
programs, shall provide training and technical assistance to
promote the development and implementation of community learning
centers. To the extent possible, the { - state commission - }
{ + council + } shall use voluntary organizations to provide
the training and technical assistance.
(3) If a community learning center is created by a school
district, the school district shall coordinate with the local
commission on children and families to ensure that the community
learning center is referenced in the local coordinated
comprehensive plan, implemented pursuant to ORS 417.775.
(4) Community learning centers created pursuant to this section
shall:
(a) Be located in or near a school or a cluster of schools;
(b) Involve parents in the care and education of their
children;
(c) Involve the local community in developing and overseeing
community learning center programs;
(d) Incorporate the principles of family support services
described in ORS 329.150 and 417.342;
(e) In partnership with the local school district board, create
or designate an advisory committee to offer guidance on program
development and implementation, with membership that is
representative of the diversity of community interests, including
representatives of businesses, schools, faith-based
organizations, social service and health care agencies, cultural
groups, recreation groups, municipal governments, community
colleges, libraries, child care providers, parents and youths;
(f) Conduct an assessment of strengths, needs and assets within
the community to be served by the community learning center that
identifies services being delivered in the community, defines and
Enrolled House Bill 4165 (HB 4165-B) Page 21
clarifies services that are missing or overlapping and builds on
any existing community assessments; and
(g) Coordinate the community assessment with the local
commission on children and families.
(5) The Department of Human Services and the Department of
Education shall provide technical assistance to community
learning centers to develop policies ensuring that confidential
information is disclosed only in accordance with state and
federal laws.
SECTION 40. ORS 329.190 is amended to read:
329.190. The Department of Education shall establish an
advisory committee composed of interested parents and
representatives from the { - State Commission on Children and
Families, - } health care profession, early childhood education
and development staff preparation programs, Oregon Head Start
Association, school districts, community colleges, Early
Intervention Council, child care and other organizations. The
purpose of the advisory committee is to provide advice to the
department { + and the Early Learning Council + } on matters
related to the Oregon prekindergarten program.
SECTION 41. ORS 343.499 is amended to read:
343.499. (1)(a) There is created the State Interagency
Coordinating Council.
(b) The Governor shall appoint members of the council from a
list of eligible appointees provided by the council and agencies
described in subsection (2) of this section and shall ensure that
the membership of the council reasonably represents the
population of this state.
(c) The Governor shall designate one member of the council to
serve as the chairperson, or if the Governor chooses not to name
a chairperson, the council may elect one of its members to serve
as chairperson. However, any member of the council who represents
the Department of Education may not serve as the chairperson of
the council.
(2) The membership of the council shall be composed as follows:
(a) At least 20 percent of the council members shall be
parents, including minority parents, of preschool children with
disabilities or of children with disabilities who are 12 years of
age or younger who have knowledge of or experience with programs
for infants and toddlers with disabilities. At least one council
member shall be a parent of an infant or toddler with a
disability or of a child with a disability who is six years of
age or younger.
(b) At least 20 percent of the council members shall be public
or private providers of early intervention and early childhood
special education services.
(c) At least one council member shall be a member of the
Legislative Assembly.
(d) At least one council member shall be involved in personnel
preparation.
(e) At least one council member shall represent the Department
of Human Services.
(f) At least one council member shall represent the federal
Head Start program.
(g) At least one council member shall represent the Child Care
Division of the Employment Department.
(h) At least one council member shall represent the Department
of Education.
(i) At least one council member shall represent the Department
of Consumer and Business Services.
Enrolled House Bill 4165 (HB 4165-B) Page 22
(j) At least one council member shall represent the { - State
Commission on Children and Families - } { + Early Learning
Council + }.
(k) At least one council member shall represent the Child
Development and Rehabilitation Center of the Oregon Health and
Science University.
(L) At least one council member shall be a member of the State
Advisory Council for Special Education created under ORS 343.287.
(m) At least one council member shall be a representative
designated by the state coordinator for homeless education.
(n) At least one council member shall represent the state child
welfare agency responsible for foster care.
(o) At least one council member shall represent the state
agency responsible for children's mental health.
(p) At least one council member shall be from the Oregon Health
Authority.
(q) The council may include other members appointed by the
Governor, including but not limited to one representative from
the United States Bureau of Indian Affairs or, where there is no
school operated or funded by the bureau, from the Indian Health
Service or the tribe or tribal council.
(3) An individual appointed to represent a state agency that is
involved in the provision of or payment for services for
preschool children with disabilities under subsection (2)(e) and
(h) to (k) of this section shall have sufficient authority to
engage in making and implementing policy on behalf of the agency.
(4) The State Interagency Coordinating Council shall:
(a) Advise the Superintendent of Public Instruction { + , + }
{ - and - } the State Board of Education { + and the Early
Learning Council + } on unmet needs in the early childhood
special education and early intervention programs for preschool
children with disabilities, review and comment publicly on any
rules proposed by the State Board of Education and the
distribution of funds for the programs and assist the state in
developing and reporting data on and evaluations of the programs
and services.
(b) Advise and assist the represented public agencies regarding
the services and programs they provide to preschool children with
disabilities and their families, including public comments on any
proposed rules affecting the target population and the
distribution of funds for such services, and assist each agency
in developing services that reflect the overall goals for the
target population as adopted by the council.
(c) Advise and assist the Department of Education and other
state agencies in the development and implementation of the
policies that constitute the statewide system.
(d) Assist all appropriate public agencies in achieving the
full participation, coordination and cooperation for
implementation of a statewide system that includes but is not
limited to:
(A) Seeking information from service providers, service
coordinators, parents and others about any federal, state or
local policies that impede timely service delivery; and
(B) Taking steps to ensure that any policy problems identified
under subparagraph (A) of this paragraph are resolved.
(e) Advise and assist the Department of Education in
identifying the sources of fiscal and other support for preschool
services, assigning financial responsibility to the appropriate
agencies and ensuring that the provisions of interagency
agreements under ORS 343.511 are carried out.
Enrolled House Bill 4165 (HB 4165-B) Page 23
(f) Review and comment on each agency's services and policies
regarding services for preschool children with disabilities, or
preschool children who are at risk of developing disabling
conditions, and their families to the maximum extent possible to
assure cost-effective and efficient use of resources.
(g) To the extent appropriate, assist the Department of
Education in the resolution of disputes.
(h) Advise and assist the Department of Education in the
preparation of applications and amendments thereto.
(i) Advise and assist the Department of Education regarding the
transition of preschool children with disabilities.
(j) Prepare and submit an annual report to the Governor and to
the United States Secretary of Education on the status of early
intervention programs operated within this state.
(5) The council may advise appropriate agencies about
integration of services for preschool children with disabilities
and at-risk preschool children.
(6) Terms of office for council members shall be three years,
except that:
(a) The representative from the State Advisory Council for
Special Education shall serve a one-year term; and
(b) The representatives from other state agencies and the
representative from the Legislative Assembly shall serve
indefinite terms.
(7) Subject to approval by the Governor, the council may use
federal funds appropriated for this purpose and available to the
council to:
(a) Conduct hearings and forums;
(b) Reimburse nonagency council members { - pursuant to - }
{ + under + } ORS 292.495 for attending council meetings, for
performing council duties, and for necessary expenses, including
child care for parent members;
(c) Pay compensation to a council member if the member is not
employed or if the member must forfeit wages from other
employment when performing official council business;
(d) Hire staff; and
(e) Obtain the services of such professional, technical and
clerical personnel as may be necessary to carry out its
functions.
(8) Except as provided in subsection (7) of this section,
council members shall serve without compensation.
(9) The Department of Education shall provide clerical and
administrative support, including staff, to the council to carry
out the performance of the council's function as described in
this section.
(10) The council shall meet at least quarterly. The meetings
shall be announced publicly and, to the extent appropriate, be
open and accessible to the general public.
(11) No member of the council shall cast a vote on any matter
that would provide direct financial benefit to that member or
otherwise give the appearance of a conflict of interest under
state law.
SECTION 42. ORS 343.507 is amended to read:
343.507. (1) Each contractor for early childhood special
education and early intervention services shall assist in the
development of a local early intervention interagency advisory
council in every county within the contractor's service area.
(2) Each local early intervention interagency advisory council
shall include as members at least 20 percent parents of preschool
children with disabilities, 20 percent providers of early
Enrolled House Bill 4165 (HB 4165-B) Page 24
childhood special education and early intervention services or
other services to preschool children with disabilities, a
representative of the { - State Commission on Children and
Families - } { + Early Learning Council + } and representatives
from public and private agencies that serve young children and
their families, including but not limited to Head Start and
Oregon prekindergartens, community child care, the Child Care
Division of the Employment Department, local school districts,
education service districts, Department of Education regional
special education programs, community mental health programs,
community developmental disabilities programs, Department of
Human Services health programs, child welfare programs and public
assistance programs, Indian education agencies, migrant programs
serving young children and community colleges.
(3) Each local early intervention interagency advisory council
shall select its own chairperson and vice chairperson and fix the
duties of its officers.
(4) The department shall establish procedures pursuant to rules
of the State Board of Education for seeking and considering local
council advice regarding the selection of contractors,
coordination of services and procedures for local resolution of
disputes.
SECTION 42a. ORS 357.750 is amended to read:
357.750. Units of local government and counties may apply to
the Trustees of the State Library for annual establishment and
development grants. The grants may be made from funds
specifically appropriated therefor and are to be used to
establish, develop or improve public library early literacy
services for children from birth to { - five - } { + six + }
years of age and to provide the statewide summer reading program,
as defined by rule of the Trustees of the State Library, for
children from birth to 14 years of age.
SECTION 43. ORS 417.705 is amended to read:
417.705. As used in ORS 417.705 to 417.800:
{ - (1) 'Community mobilization' means government and private
efforts to increase community awareness and facilitate the active
participation of citizens and organizations in projects and
issues that will have positive impact on the well-being of
children, families and communities. - }
{ - (2) 'Efficiency' means a measurable indicator of the
amount of resources required to produce an output. - }
{ - (3) 'High-level outcome' means the Oregon benchmarks
adopted by the Oregon Progress Board and any other measurable
indicators of societal well-being. - }
{ - (4) 'Intermediate outcome' means a measurable indicator
of the effort by an agency or other entity toward achieving a
high-level outcome target. - }
{ - (5) - } { + (1) + } 'Local commission' means a local
commission on children and families established pursuant to ORS
417.760.
{ - (6) - } { + (2) + } 'Local coordinated comprehensive
plan' or 'local plan' means a local coordinated comprehensive
plan for children and families that is developed pursuant to ORS
417.775 through a process coordinated and led by a local
commission and that consists of:
(a) A community plan that identifies the community's needs,
strengths, goals, priorities and strategies for:
(A) Creating positive outcomes for children and families;
(B) Community mobilization;
Enrolled House Bill 4165 (HB 4165-B) Page 25
(C) Coordinating programs, strategies and services for children
who are 0 through 18 years of age and their families among
community groups, government agencies, private providers and
other parties; and
(D) Addressing the needs of target populations; and
(b) The service plans listed in ORS 417.775 (6) that designate
specific services for the target populations identified in the
community plan.
{ - (7) - } { + (3) + } 'Outcome' means the measure of a
desired result.
{ - (8) 'Output' means the amount or frequency of products or
services delivered by an agency or other entity. - }
{ - (9) 'Performance measure' includes outcomes, outputs and
efficiencies that indicate how well an agency or other entity is
carrying out its mission and achieving its goals. - }
{ - (10) - } { + (4) + } 'Services for children and
families' does not include services provided by the Department of
Education or school districts that are related to curriculum or
instructional programs.
{ - (11) 'State commission' means the State Commission on
Children and Families established under ORS 417.730. - }
{ - (12) - } { + (5) + } 'Target' means a specific level of
achievement desired for a specific time, expressed numerically.
SECTION 44. 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 - } { + Early Learning Council + } to set statewide
guidelines for the planning, coordination and delivery of
services for children and families in conjunction with other
state agencies and other planning bodies;
(2) Vest in local commissions on children and families the
authority to distribute state and federal funds allocated to the
local commissions to supervise services or to purchase services
for children and families in the local area and to supervise the
development of the local coordinated comprehensive plan;
(3) Provide a process for comprehensive local planning for
services for children and families to provide local services that
are consistent with statewide guidelines;
(4) Retain in the state the responsibility for funding of
services for children and families through a combination of
local, state and federal funding, including the leveraging of
public and private funds available under ORS 417.705 to 417.800
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 44a. ORS 417.727 is amended to read:
417.727. Based on the findings expressed in ORS 417.708, there
is created the Oregon Early { - Childhood - }
{ + Learning + } System. The goals of the system are to:
(1) Prevent child abuse and neglect;
(2) Improve the health and development of young children;
(3) Promote bonding and attachment in the early years of a
child's life;
(4) Support parents in providing the optimum environment for
their young children;
Enrolled House Bill 4165 (HB 4165-B) Page 26
(5) Link and integrate services and supports in the voluntary
statewide early { - childhood - } { + learning + } system
pursuant to ORS 417.728;
(6) Link and integrate services and supports in the voluntary
local early childhood system pursuant to ORS 417.777;
(7) Ensure that children are entering school ready to learn;
and
(8) Ensure that { - children receive - } { + parents have
access to affordable, + } quality child care.
SECTION 44b. ORS 417.728 is amended to read:
417.728. (1) The { - State Commission on Children and
Families, the Department of Education, the Employment Department,
the Department of Human Services and the Oregon Health
Authority - } { + Early Learning Council + } shall lead a joint
effort with other state and local early childhood partners to
establish the policies necessary for a voluntary statewide early
{ - childhood - } { + learning + } system that shall be
incorporated into the local coordinated comprehensive plan.
(2) The voluntary statewide early { - childhood - }
{ + learning + } system shall be designed to achieve:
(a) The appropriate { - early childhood benchmarks jointly
identified by the State Commission on Children and Families, the
Department of Education, the Employment Department, the
Department of Human Services and the Oregon Health Authority, - }
{ + outcomes identified by the Early Learning Council + } with
input from early childhood partners { - , as the appropriate
benchmarks - } ; and
(b) Any other early childhood benchmark or { - intermediate
outcome jointly identified by the State Commission on Children
and Families, the Department of Education, the Employment
Department, the Department of Human Services and the Oregon
Health Authority, - } { + outcome that demonstrates progress
toward meeting a target and that is identified by the Early
Learning Council + } with input from early childhood partners
{ - , as an appropriate benchmark or outcome - } .
(3) The voluntary statewide early { - childhood - }
{ + learning + } system shall include the following components:
(a) A process to identify as early as possible children and
families who would benefit from early { - childhood - }
{ + learning + } services;
(b) A plan to support the identified needs of the child and
family that coordinates case management personnel and the
delivery of services to the child and family; and
(c) Services to support children who are zero through
{ - eight - } { + six + } years of age and their families who
give their express written consent, including:
(A) Screening, assessment and home visiting services pursuant
to ORS 417.795;
(B) Specialized or targeted home visiting services;
(C) Community-based services such as relief nurseries, family
support programs and parent education programs;
(D) { - High - } { + Affordable, + } quality child care, as
defined by the
{ - Commission for Child Care - } { + Early Learning
Council + };
(E) Preschool and other early education services;
(F) Health services for children and pregnant women;
(G) Mental health services;
Enrolled House Bill 4165 (HB 4165-B) Page 27
(H) Alcohol and drug treatment programs that meet the standards
promulgated by the Oregon Health Authority pursuant to ORS
430.357;
(I) Developmental disability services; and
(J) Other state and local services.
{ - (4) The State Commission on Children and Families, the
Department of Education, the Employment Department, the
Department of Human Services and the Oregon Health Authority
shall jointly: - }
{ + (4) In establishing the definition of affordable, quality
child care under subsection (3)(c)(D) of this section, the Early
Learning Council shall consult with child care providers and
early childhood educators. The definition established by the
council shall support parental choice of child care provider and
shall consider differences in settings and services, including
but not limited to child care for school-aged children, part-time
care, odd-hour and respite care and factors of cultural
appropriateness and competence.
(5) The Early Learning Council shall: + }
(a) Consolidate administrative functions relating to the
voluntary statewide early { - childhood - } { + learning + }
system, to the extent practicable, including but not limited to
training and technical assistance, planning and budgeting. This
paragraph does not apply to the administrative functions of the
Department of Education relating to education programs { - ; - }
{ + . + }
(b) Adopt policies to establish training and technical
assistance programs to ensure that personnel have skills in
appropriate areas, including screening, family assessment,
competency-based home visiting skills, cultural and gender
differences and other areas as needed { - ; - } { + . + }
(c) Identify research-based age-appropriate and culturally and
gender appropriate screening and assessment tools that would be
used as appropriate in programs and services of the voluntary
statewide early { - childhood - } { + learning + } system
{ - ; - } { + . + }
(d) Develop a plan for the implementation of a common data
system for voluntary early childhood programs { - as provided
in section 7, chapter 831, Oregon Laws 2001; - } { + . + }
(e) Coordinate existing and new early childhood programs to
provide a range of community-based supports { - ; - } { + . + }
(f) Establish a common set of quality assurance standards to
guide local implementation of all elements of the voluntary
statewide early { - childhood - } { + learning + } system,
including voluntary universal screening and assessment, home
visiting, staffing, evaluation and community-based services
{ - ; - } { + . + }
(g) Ensure that all plans for voluntary early childhood
services are coordinated and consistent with federal and state
law, including but not limited to plans for Oregon
prekindergarten programs, federal Head Start programs, early
childhood special education services, early intervention services
and public health services { - ; - } { + . + }
(h) Identify how the voluntary statewide early
{ - childhood - } { + learning + } system for children who are
zero through { - eight - } { + six + } years of age will link
with systems of support for older children and their families
{ - ; - } { + . + }
{ - (i) Contract for an evaluation of the outcomes of the
voluntary statewide early childhood system; and - }
Enrolled House Bill 4165 (HB 4165-B) Page 28
{ - (j) - } { + (i) + } During January of each odd-numbered
year, report to the Governor and the Legislative Assembly on the
voluntary statewide early { - childhood - } { + learning + }
system. { - The report shall include the evaluation described
in paragraph (i) of this subsection. - }
{ - (5) - } { + (6) + } { - The State Commission on
Children and Families, - } The State Board of Education, the
Employment Department, the Department of Human Services and the
Oregon Health Authority when adopting rules to administer
voluntary early childhood programs under their individual
authority shall adopt rules { + :
(a) + } That are consistent with the requirements of the
voluntary statewide early { - childhood - } { + learning + }
system created under this section { + ; and
(b) With the direction of the Early Learning Council + }.
{ - (6) - } { + (7) + } Information gathered in conjunction
with the voluntary comprehensive screening and assessment of
children and their families may be used only for the following
purposes:
(a) Providing services to children and families who give their
express written consent;
(b) Providing statistical data that are not personally
identifiable;
(c) Accomplishing other purposes for which the family has given
express written consent; and
(d) Meeting the requirements of mandatory state and federal
disclosure laws.
SECTION 45. ORS 417.760 is amended to read:
417.760. (1) The board of county commissioners of a county or
the boards of county commissioners of contiguous counties that
agree to appoint a regional commission:
(a) Shall appoint a chairperson and a minimum of eight members
to a local commission on children and families in the manner
described in ORS 417.765.
(b) Shall appoint a local staff director. The staff director
shall hire and supervise any other support staff necessary for
operation of the local commission. The staff director and staff
are subject to county personnel policies and other administration
policies and ordinances. The staff director shall be responsible
for all management functions of the local commission.
(c) Must approve the local coordinated comprehensive plan
before it may be submitted to the { - State Commission on
Children and Families - } { + Early Learning Council + }. If
the local plan has been revised or is amended, the revised or
amended local plan must be submitted to the board or boards for
approval before it is submitted to the { - state commission - }
{ + council + }.
(2) The board or boards of county commissioners must approve
any transfer of responsibility for a state service and its
funding to a local commission.
(3) Funds payable to implement local coordinated comprehensive
plans shall be paid to the county. The board or boards of county
commissioners are responsible for the expenditure of such funds
subject to county budget and fiscal operating procedures.
SECTION 45a. ORS 417.765 is amended to read:
417.765. (1) A majority of a local commission on children and
families, including the chairperson, shall be laypersons { - as
defined in ORS 417.730 (6)(b) - } . Appointments to the local
commission shall reflect the county's or counties' diverse
populations and shall reflect expertise along the full spectrum
Enrolled House Bill 4165 (HB 4165-B) Page 29
of developmental stages of a child, from the prenatal stage
through 18 years of age. Members shall include persons who have
knowledge of the issues relating to children and families in the
affected communities, including education, municipal government
and the court system.
(2) Members of the local commission shall be appointed to
four-year terms. The appointing board or boards of county
commissioners may appoint a member for additional terms or may
limit the number of terms that a member may serve.
SECTION 46. ORS 417.775 is amended to read:
417.775. (1) Under the direction of the board or boards of
county commissioners, and in conjunction with the guidelines set
by the { - State Commission on Children and Families - } { +
Early Learning Council + }, the local commission on children and
families shall promote wellness for children of all ages and
their families in the county or region, if the families have
given their express written consent, mobilize communities and
develop policy and oversee the implementation of a local
coordinated comprehensive plan described in this section. A local
commission shall:
(a) Inform and involve citizens;
(b) Identify and map the range of resources in the community;
(c) Plan, advocate and fund research-based 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.
Enrolled House Bill 4165 (HB 4165-B) Page 30
(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 - } { + Early Learning
Council + }. The local plan shall be based on identifying the
most effective service delivery system allowing for the
continuation of current public and private programs where
appropriate. The local plan shall address needs, strengths and
assets of all children, their families and communities, including
those children and their families at highest risk.
(6) Subject to the availability of funds:
(a) The local coordinated comprehensive plan shall include:
(A) Identification of ways to connect all state and local
planning processes related to services for children and their
families into the local coordinated comprehensive plan to create
positive outcomes for children and their families; and
(B) Provisions for a continuum of social supports at the
community level for children from the prenatal stage through 18
years of age, and their families, that takes into account areas
of need, service overlap, asset building and community strengths
as outlined in ORS 417.305 (2).
(b) The local coordinated comprehensive plan shall reference:
(A) A voluntary local early childhood system plan created
pursuant to 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.
Enrolled House Bill 4165 (HB 4165-B) Page 31
(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 - } { + Early Learning
Council + } may disapprove the part of the local coordinated
comprehensive plan relating to the planning process required by
this section and the voluntary local early childhood system plan.
(11)(a) The { - state commission - } { + Early Learning
Council + } may disapprove the 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 - } { + Early Learning Council + } shall
assist the local commission in remedying the deficiencies in the
planning process or the voluntary local early childhood system
plan. The { - state commission - } { + Early Learning
Council + } shall set a date by which any deficient portions of
the planning process or the voluntary local early childhood
system plan must be revised and resubmitted to the
{ - state commission - } { + Early Learning Council + } by
the local commission.
(b) The { - state commission - } { + Early Learning
Council + } does not have approval authority over the following
service plans referenced in the local coordinated comprehensive
plan:
Enrolled House Bill 4165 (HB 4165-B) Page 32
(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 - } { + Early Learning
Council + }, the Department of Human Services and the Juvenile
Crime Prevention Advisory Committee may jointly approve the
community plan that is part of the local coordinated
comprehensive plan, but may not jointly approve the service plans
that are referenced in the local plan. If the community plan is
disapproved in whole, the agencies shall identify with
particularity the manner in which the community plan is deficient
and the service plans may be implemented. If only part of the
community plan is disapproved, the remainder of the community
plan and the service plans may be implemented. The staff of the
agencies shall assist the local commission in remedying the
disapproved portions of the community plan. The agencies shall
jointly set a date by which the deficient portions of the
community plan shall be revised and resubmitted to the agencies
by the local commission. In reviewing the community plan, the
agencies shall consider the impact of state and local budget
reductions on the community plan.
(13) If a local commission determines that the needs of the
county or region it serves differ from those identified by the
{ - state commission - } { + Early Learning Council + }, it
may ask the { - state commission - } { + Early Learning
Council + } to waive specific requirements in its list of
children's support areas. The process for granting waivers shall
be developed by the { - state commission - } { + Early
Learning Council + } prior to the start of the review and
approval process for the local coordinated comprehensive plan
{ - described in ORS 417.735 (4) - } and shall be based
primarily on a determination of whether the absence of a waiver
would prevent the local commission from best meeting the needs of
the county or region.
(14) From time to time, the local commission may amend the
local coordinated comprehensive plan and applications for funds
to implement ORS 417.705 to 417.800 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 - } { + Early
Learning Council + }.
(15) The local commission shall keep an official record of any
amendments to the local coordinated comprehensive plan under
subsection (14) of this section.
(16) The local commission shall provide an opportunity for
public and private contractors to review the components of the
local coordinated comprehensive plan and any amendments to the
local plan, to receive notice of any component that the county or
counties intend to provide through a county agency and to comment
publicly to the board or boards of county commissioners if they
disagree with the proposed service delivery plan.
(17) Alcohol and drug prevention and treatment services
included in the local coordinated comprehensive plan must meet
Enrolled House Bill 4165 (HB 4165-B) Page 33
minimum standards adopted by the Oregon Health Authority under
ORS 430.357.
SECTION 46a. { + The Early Learning Council may waive the
requirements of ORS 417.775 applicable to local coordinated
comprehensive plans of local commissions on children and families
in order for local commissions to transition away from oversight
by the State Commission on Children and Families. + }
SECTION 47. ORS 417.777 is amended to read:
417.777. (1) Each local commission on children and families, as
part of the local coordinated comprehensive plan developed under
ORS 417.775 for the county or region, shall lead and coordinate
the development of a voluntary local early childhood system plan
that shall focus on the needs of children who are zero through
eight years of age and their families. Local Oregon
prekindergarten programs, early childhood special education
programs and early intervention services shall collaborate and
participate with the local commission in the development and
implementation of the voluntary early childhood system plan.
(2) In the process of developing the voluntary local early
childhood system plan, a local commission shall include parents,
youth, community representatives and representatives of local
providers of early childhood services that reflect the diversity
of the county or region, including but not limited to
representatives from:
(a) Hospitals and the health professions;
(b) Local interagency coordinating councils;
(c) Oregon prekindergarten programs;
(d) Contractors who are designated by the Superintendent of
Public Instruction to be responsible for the administration of
early childhood special education and early intervention services
in a service area;
(e) Community corrections agencies;
(f) Mental health services;
(g) County health departments;
(h) Healthy Start Family Support Services programs;
(i) Alcohol and drug treatment programs;
(j) Local child care resource and referral agencies;
(k) Child care providers;
(L) Developmental disability services;
(m) The kindergarten through grade 12 education community;
(n) Faith-based organizations; and
(o) Other providers of prenatal and perinatal services.
(3) A voluntary local early childhood system plan shall:
(a) Provide for the coordination of early childhood programs by
creating a process to connect children and families with the most
appropriate supports;
(b) Include a description of how the components of the
voluntary statewide early { - childhood - } { + learning + }
system specified in ORS 417.728 will be implemented in the county
or region;
(c) Build on existing programs;
(d) Identify ways to maximize the use of volunteers and other
community resources; and
(e) Ensure that the diverse populations within a community
receive services that are culturally and gender appropriate.
(4) Local communities are encouraged to:
(a) Use private nonprofit organizations to raise community
awareness and support for the voluntary local early childhood
system; and
Enrolled House Bill 4165 (HB 4165-B) Page 34
(b) Involve the medical community to ensure appropriate
referrals to services and supports that are provided through the
voluntary local early childhood system.
SECTION 47a. 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 - } { + Early
Learning Council + } may waive the requirements of this section
in approving the local coordinated comprehensive plan.
SECTION 48. 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 - } { +
Early Learning Council + }.
SECTION 49. ORS 417.787 is amended to read:
417.787. The { - State Commission on Children and
Families - } { + Early Learning Council + } shall:
(1) Determine when funds for services for children and families
not described in ORS 409.010 (2)(a) and 430.215 are to be
transferred to the local commission. If a local commission with
an approved local coordinated comprehensive plan requests a
transfer, the { - state commission - } { + Early Learning
Council + } shall determine whether funds can be transferred.
(2) Determine which, if any, services for children and families
that are not described in ORS 409.010 (2)(a) and 430.215 are not
to be transferred to local commissions but are to remain state
responsibilities.
SECTION 50. ORS 417.788 is amended to read:
417.788. (1) The { - State Commission on Children and
Families - } { + Early Learning Council + } shall support
relief nurseries statewide through { + both + } local
commissions on children and families { + and tribes, + } as
funding becomes available. Local commissions { + and tribes + }
may establish relief nurseries for young children who are at risk
and their families. Local commissions in adjoining counties may
choose to establish regional relief nurseries. The relief
nurseries shall:
(a) Be consistent with the voluntary early childhood system
plan that is part of the local coordinated comprehensive plan;
and
(b) Involve the parents of children served by the relief
nurseries.
(2) Programs at the relief nurseries shall include:
(a) Therapeutic early childhood education programs; and
(b) Parent education, training and support.
(3) Each relief nursery that receives state funding shall have
financial support from the community that is at least equal to 25
percent of any state allocation.
SECTION 51. ORS 417.790 is amended to read:
417.790. The { - State Commission on Children and
Families - } { + Early Learning Council + } shall:
(1) Make grants to local commissions on children and families
to fund research-based services and initiatives to improve
Enrolled House Bill 4165 (HB 4165-B) Page 35
outcomes for children, youth or families. The { - state
commission - } { + council + }shall assist counties in the
implementation of community services that are efficient,
accountable, coordinated and readily available. Grants for
services and initiatives to support children, youth or families
shall be used at the local level according to the county's local
coordinated comprehensive plan. These services shall be provided
in accordance with ORS 417.715 and 417.720.
(2) Make Great Start grants to local commissions on children
and families to fund community-based programs for children
{ - who are newborn - } { + zero + } through { - eight - }
{ + six + } years of age. A county or region shall use Great
Start grant funds to provide research-based early childhood
programs in community settings and to provide services that have
proven to be successful and that meet the needs of the community
as described in the county's local coordinated comprehensive
plan. These services shall be provided in accordance with ORS
417.728.
SECTION 52. ORS 417.793 is amended to read:
417.793. The { - State Commission on Children and
Families - } { + Early Learning Council + } shall support
parents-as-teachers programs statewide through local commissions
on children and families as funding becomes available. If a local
commission offers a program, the program shall be part of a
comprehensive, research-based approach to parent education and
support. The program shall be consistent with the voluntary early
childhood system plan that is part of the local coordinated
comprehensive plan.
SECTION 53. ORS 417.795 is amended to read:
417.795. (1) The { - State Commission on Children and
Families established under ORS 417.730 - } { + Early Learning
Council + } shall establish Healthy Start Family Support Services
programs through contracts entered into by local commissions on
children and families in all counties of this state as funding
becomes available.
(2) These programs shall be nonstigmatizing, voluntary and
designed to achieve the appropriate early childhood benchmarks
and shall:
(a) Ensure that express written consent is obtained from the
family prior to any release of information that is protected by
federal or state law and before the family receives any services;
(b) Ensure that services are voluntary and that, if a family
chooses not to accept services or ends services, there are no
adverse consequences for those decisions;
(c) Offer a voluntary comprehensive screening and risk
assessment of all newly born children and their families;
(d) Ensure that the disclosure of information gathered in
conjunction with the voluntary comprehensive screening and risk
assessment of children and their families is limited pursuant to
ORS 417.728 { - (6) - } { + (7) + } to the following
purposes:
(A) Providing services under the programs to children and
families who give their express written consent;
(B) Providing statistical data that are not personally
identifiable;
(C) Accomplishing other purposes for which the family has given
express written consent; and
(D) Meeting the requirements of mandatory state and federal
disclosure laws;
Enrolled House Bill 4165 (HB 4165-B) Page 36
(e) Ensure that risk factors used in the risk assessment are
limited to those risk factors that have been shown by research to
be associated with poor outcomes for children and families;
(f) Identify, as early as possible, families that would benefit
most from the programs;
(g) Provide parenting education and support services, including
but not limited to community-based home visiting services and
primary health care services;
(h) Provide other supports, including but not limited to
referral to and linking of community and public services for
children and families such as mental health services, alcohol and
drug treatment programs that meet the standards promulgated by
the Oregon Health Authority { - pursuant to - } { + under + }
ORS 430.357, child care, food, housing and transportation;
(i) Coordinate services for children consistent with the
voluntary local early childhood system plan developed pursuant to
ORS 417.777;
(j) Provide follow-up services and supports from { - birth
through five - } { + zero through six + } years of age;
(k) Integrate data with any common data system for early
childhood programs { - implemented pursuant to section 7,
chapter 831, Oregon Laws 2001 - } ;
(L) Be included in a statewide independent evaluation to
document:
(A) Level of screening and assessment;
(B) Incidence of child abuse and neglect;
(C) Change in parenting skills; and
(D) Rate of child development;
(m) Be included in a statewide training program in the dynamics
of the skills needed to provide early childhood services, such as
assessment and home visiting; and
(n) Meet voluntary statewide and local early childhood system
quality assurance and quality improvement standards.
(3) The Healthy Start Family Support Services programs, local
health departments and other providers of prenatal and perinatal
services in counties, as part of the voluntary local early
childhood system, shall:
(a) Identify existing services and describe and prioritize
additional services necessary for a voluntary home visit system;
(b) Build on existing programs;
(c) Maximize the use of volunteers and other community
resources that support all families;
(d) Target, at a minimum, all first birth families in the
county; and
(e) Ensure that home visiting services provided by local health
departments for children and pregnant women support and are
coordinated with local Healthy Start Family Support Services
programs.
(4) Through a Healthy Start Family Support Services program, a
trained family support worker or nurse shall be assigned to each
family assessed as at risk that consents to receive services
through the worker or nurse. The worker or nurse shall conduct
home visits and assist the family in gaining access to needed
services.
(5) The services required by this section shall be provided by
hospitals, public or private entities or organizations, or any
combination thereof, capable of providing all or part of the
family risk assessment and the follow-up services. In granting a
contract, a local commission may utilize collaborative
contracting or requests for proposals and shall take into
Enrolled House Bill 4165 (HB 4165-B) Page 37
consideration the most effective and consistent service delivery
system.
(6) The family risk assessment and follow-up services for
families at risk shall be provided by trained family support
workers or nurses organized in teams supervised by a manager and
including a family services coordinator who is available to
consult.
(7) Each Healthy Start Family Support Services program shall
adopt disciplinary procedures for family support workers, nurses
and other employees of the program. The procedures shall provide
appropriate disciplinary actions for family support workers,
nurses and other employees who violate federal or state law or
the policies of the program.
SECTION 54. ORS 417.797 is amended to read:
417.797. (1) Each state agency or other entity that is
responsible for a component of the local coordinated
comprehensive plan shall ensure that a biennial evaluation of the
plan component is conducted according to a consistent framework.
The program evaluation shall include:
(a) An identified goal and associated Oregon benchmarks;
(b) Proven practices of effectiveness and related Oregon data;
(c) A target population and a description of local service
systems that may be used in identifying, screening, recruiting
and serving the target population;
(d) Specific intermediate outcomes that measure progress in
addressing risk contributors or developing core supports and
competencies and specific tools and data sources to measure the
intermediate outcomes;
(e) Baseline data about the incidence of risk and asset and
support factors with the goal of measuring change over time,
including an assessment of local need;
(f) Measures of fiscal accountability;
(g) Identified roles and responsibilities for state agencies
and local partners and performance measures to evaluate
effectiveness in agreed-upon roles; and
(h) Measures of the change in coordination among service
providers and programs as a result of the local plan, including
increases in access to services.
(2) The { - State Commission on Children and Families - }
{ + Early Learning Council + } shall disclose the results of the
evaluations to any person upon request.
(3) The { - Oregon Progress Board - } { + Early Learning
Council + } shall conduct a review of the { - intermediate - }
outcome targets achieved by local coordinated comprehensive plans
{ - in accordance with ORS 417.735 (3)(c) - } for the purpose
of identifying progress in achieving outcomes specified in local
plans. The { - Oregon Progress Board - } { + Early Learning
Council + } shall coordinate the review with the evaluations
conducted according to subsection (1) of this section.
SECTION 55. ORS 417.855 is amended to read:
417.855. (1) Each board of county commissioners shall designate
an agency or organization to serve as the lead planning
organization to facilitate the creation of a partnership among
state and local public and private entities in each county. The
partnership shall include, but is not limited to, local
commissions on children and families, education representatives,
public health representatives, local alcohol and drug planning
committees, representatives of the court system, local mental
health planning committees, city or municipal representatives and
local public safety coordinating councils. The partnership shall
Enrolled House Bill 4165 (HB 4165-B) Page 38
develop a local high-risk juvenile crime prevention plan that
shall be incorporated into the local coordinated comprehensive
plans created pursuant to ORS 417.775.
(2) The local high-risk juvenile crime prevention plans shall
use services and activities to meet the needs of a targeted
population of youths who:
(a) Have more than one of the following risk factors:
(A) Antisocial behavior;
(B) Poor family functioning or poor family support;
(C) Failure in school;
(D) Substance abuse problems; or
(E) Negative peer association; and
(b) Are clearly demonstrating at-risk behaviors that have come
to the attention of government or community agencies, schools or
law enforcement and will lead to imminent or increased
involvement in the juvenile justice system.
(3)(a) The { - State Commission on Children and Families - }
{ + Youth Development Council + }shall allocate funds
available to support the local high-risk juvenile crime
prevention plans to counties based on the youth population age 18
or younger in those counties.
(b) The { - state commission - } { + Youth Development
Council + } shall award a minimum grant to small counties. The
minimum grant level shall be determined by the Juvenile Crime
Prevention Advisory Committee through a public process and
reviewed by the committee biennially.
SECTION 56. ORS 417.857 is amended to read:
417.857. (1) Deschutes County may place greater emphasis on
early intervention and work with younger children than required
by the Juvenile Crime Prevention Advisory Committee if the county
has been granted a waiver pursuant to this section.
(2) The Juvenile Crime Prevention Advisory Committee shall
develop an objective process, review criteria and timetable for
consideration of a waiver request. A waiver granted under this
section applies to the requirements for basic services grants
described in ORS 417.850 (8) and high-risk juvenile crime
prevention resources managed by the { - State Commission on
Children and Families - } { + Youth Development Council + }.
The waiver shall be consistent with the goals of ORS 417.705 to
417.800, 417.850 and 417.855.
(3) Any documentation required for a waiver under this section
shall be obtained to the greatest extent possible from material
contained in the county's juvenile crime prevention plan and from
material as determined through biennial intergovernmental
agreements. The Juvenile Crime Prevention Advisory Committee may
ask the county to submit additional information regarding how the
county intends to use crime prevention funds under the waiver.
(4) The Juvenile Crime Prevention Advisory Committee shall
grant a waiver or continue a waiver based on criteria that
include:
(a) The rate of Oregon Youth Authority discretionary bed usage
compared to other counties;
(b) The county's rates of first-time juvenile offenders,
chronic juvenile offenders and juvenile recidivism compared to
other counties;
(c) The amount and allocation of expenditures from all funding
sources for juvenile crime prevention, including prevention and
early intervention strategies, and how the requested waiver
addresses the needs and priorities for the target population
Enrolled House Bill 4165 (HB 4165-B) Page 39
described in ORS 417.855 and for the target population described
in the waiver;
(d) Inclusion of prevention or early intervention strategies in
the juvenile crime prevention plan;
(e) Investments in evidence-based crime prevention programs and
practices;
(f) Support of the local public safety coordinating council,
local commission on children and families and { + the + } board
of county commissioners;
(g) Local integration practices including citizens, victims,
courts, law enforcement, business and schools;
(h) Identification of the risk factors for the target
population described in the waiver; and
(i) Changes in the risk factors for the target population
described in the waiver.
(5) The committee shall review and act on any request for a
waiver within 90 days after receipt of the request.
(6) The duration of a waiver granted under this section is four
years. Before the expiration of a waiver granted under this
section, the county may submit a request for another waiver.
SECTION 57. ORS 418.751 is amended to read:
418.751. (1) The Department of Human Services, as provided in
ORS 418.702, and the Department of Justice shall ensure that
training and education are provided for persons, other than law
enforcement officers, who are required to investigate allegations
of child abuse. { - The Department of Human Services and the
Department of Justice shall consult with the State Commission on
Children and Families in assessing the grant funding that might
be distributed to enhance and support training and continuing
education for the county multidisciplinary child abuse teams. - }
(2) The Department of Human Services and the Department of
Justice shall work with the Board on Public Safety Standards and
Training to ensure that the training that is offered to persons
under subsection (1) of this section and ORS 418.702 is
coordinated with the training given to law enforcement officers.
SECTION 58. ORS 418.975 is amended to read:
418.975. As used in ORS 418.975 to 418.985:
(1) 'Cultural competence' means accepting and respecting
diversity and differences in a continuous process of
self-assessment and reflection on one's personal and
organizational perceptions of the dynamics of culture.
(2) 'Family' includes, with respect to a youth:
(a) A biological or legal parent;
(b) A sibling;
(c) An individual related by blood, marriage or adoption;
(d) A foster parent;
(e) A legal guardian;
(f) A caregiver;
(g) An individual with a significant social relationship with
the youth; and
(h) Any person who provides natural, formal or informal support
to the youth that the youth identifies as important.
(3) 'Family-run organization' means a private nonprofit entity
organized for the purpose of serving families with a youth who
has a serious emotional disorder. The entity must:
(a) Have a governing board in which a majority of the members
are family members of a youth with a serious emotional disorder;
and
Enrolled House Bill 4165 (HB 4165-B) Page 40
(b) Give a preference to family members in hiring decisions for
the entity.
(4) 'Identified population' means youth who have or are at risk
of developing emotional, behavioral or substance use related
needs, and who are involved with two or more systems of care.
(5) 'Partner agency' includes the Department of Education,
Oregon Youth Authority, Department of Human Services, { - State
Commission on Children and Families - } { + Early Learning
Council, Youth Development Council + }, Oregon Health Authority
and other appropriate agencies involved in the system of care.
(6) 'Services and supports' means public, private and community
resources that assist youth in the achievement of positive
outcomes.
(7) 'System of care' means a coordinated network of services
including education, child welfare, public health, primary care,
pediatric care, juvenile justice, mental health treatment,
substance use treatment, developmental disability services and
any other services and supports to the identified population that
integrates care planning and management across multiple levels,
that is culturally and linguistically competent, that is designed
to build meaningful partnerships with families and youth in the
delivery and management of services and the development of policy
and that has a supportive policy and management infrastructure.
(8) 'Wraparound' means a definable, team-based planning process
involving a youth and the youth's family that results in a unique
set of community services and services and supports
individualized for that youth and family to achieve a set of
positive outcomes.
(9) 'Youth' means an individual 18 years of age or younger.
SECTION 59. ORS 419A.170 is amended to read:
419A.170. (1) In every case under ORS chapter 419B, the court
shall appoint a court appointed special advocate. The court
appointed special advocate is deemed a party in these
proceedings, and in the furtherance thereof, may be represented
by counsel, file pleadings and request hearings and may subpoena,
examine and cross-examine witnesses. If the court appointed
special advocate is represented by counsel, counsel shall be paid
from funds available to the Court Appointed Special Advocate
Volunteer Program. No funds from the Public Defense Services
Account or Judicial Department operating funds may be used for
this purpose.
(2) Subject to the direction of the court, the duties of the
court appointed special advocate are to:
(a) Investigate all relevant information about the case;
(b) Advocate for the child or ward, ensuring that all relevant
facts are brought before the court;
(c) Facilitate and negotiate to ensure that the court,
Department of Human Services, if applicable, and the child or
ward's attorney, if any, fulfill their obligations to the child
or ward in a timely fashion; and
(d) Monitor all court orders to ensure compliance and to bring
to the court's attention any change in circumstances that may
require a modification of the court's order.
(3) If a juvenile court does not have available to it a CASA
Volunteer Program, or a sufficient number of qualified CASA
volunteers, the court may, in fulfillment of the requirements of
this section, appoint a juvenile department employee or other
suitable person to represent the child or ward's interest in
court
{ - pursuant to - } { + under + } ORS 419A.012 or 419B.195.
Enrolled House Bill 4165 (HB 4165-B) Page 41
(4) Any person appointed as a court appointed special advocate
in any judicial proceeding on behalf of the child or ward is
immune from any liability for defamation or statements made in
good faith by that person, orally or in writing, in the course of
the case review or judicial proceeding.
(5) Any person appointed as a court appointed special advocate,
CASA Volunteer Program director, CASA Volunteer Program employee
or member of the board of directors or trustees of any CASA
Volunteer Program is immune from any liability for acts or
omissions or errors in judgment made in good faith in the course
or scope of that person's duties or employment as part of a CASA
Volunteer Program.
(6) Whenever the court appoints a court appointed special
advocate or other person under subsections (1) to (3) of this
section to represent the child or ward, it may require a parent,
if able, or guardian of the estate, if the estate is able, to
pay, in whole or in part, the reasonable costs of CASA services
including reasonable attorney fees. The court's order of payment
is enforceable in the same manner as an order of support under
ORS 419B.408.
(7) Upon presentation of the order of appointment by the court
appointed special advocate, any agency, hospital, school
organization, division, office or department of the state,
doctor, nurse or other health care provider, psychologist,
psychiatrist, police department or mental health clinic shall
permit the court appointed special advocate to inspect and copy,
and may consult with the court appointed special advocate
regarding, any records relating to the child or ward involved in
the case, without the consent of the child, ward or parents.
(8) All records and information acquired or reviewed by a court
appointed special advocate during the course of official duties
are deemed confidential under ORS 419A.255.
(9) For the purposes of a Child Abuse Prevention and Treatment
Act (42 U.S.C. 5101 et seq.) grant to this state under Public Law
No. 93-247, or any related state or federal legislation, a court
appointed special advocate or other person appointed
{ - pursuant to - } { + under + } subsections (1) to (3) of
this section is deemed a guardian ad litem to represent the
interests of the child or ward in proceedings before the court.
(10) There is created a Court Appointed Special Advocate (CASA)
Fund in the General Fund. The fund consists of all moneys
credited to it. Moneys in the Court Appointed Special Advocate
Fund are continuously appropriated to the { - State Commission
on Children and Families - } { + Early Learning Council + } and
may be used only to carry out the purposes of this section. The
{ - commission - } { + council + } may apply for and receive
funds from federal and private sources for carrying out the
provisions of this section.
(11) The { - state commission - } { + Early Learning
Council + } may expend moneys from the Court Appointed Special
Advocate Fund directly or indirectly through contracts or grants
for the creation, supervision and operation of CASA Volunteer
Programs statewide. The { - commission - } { + council + }
may also expend moneys from the Court Appointed Special Advocate
Fund to pay the reasonable costs of its administration of the
Court Appointed Special Advocate Fund. The
{ - commission - } { + council + } shall adopt rules for
carrying out its responsibilities under this section.
SECTION 60. ORS 419B.005 is amended to read:
Enrolled House Bill 4165 (HB 4165-B) Page 42
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.
Enrolled House Bill 4165 (HB 4165-B) Page 43
(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 - }
{ + Early Learning Council, Youth Development Council + },
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) A child care provider registered or certified under ORS
657A.030 and 657A.250 to 657A.450.
(s) Member of the Legislative Assembly.
(t) Physical, speech or occupational therapist.
(u) Audiologist.
(v) Speech-language pathologist.
(w) Employee of the Teacher Standards and Practices Commission
directly involved in investigations or discipline by the
commission.
(x) Pharmacist.
(y) An operator of a preschool recorded program under ORS
657A.255.
(z) An operator of a school-age recorded program under ORS
657A.257.
(aa) Employee of a private agency or organization facilitating
the provision of respite services, as defined in ORS 418.205, for
parents pursuant to a properly executed power of attorney under
ORS 109.056.
SECTION 61. ORS 419C.453 is amended to read:
419C.453. (1) Pursuant to a hearing, the juvenile court may
order a youth offender placed in a detention facility for a
specific period of time not to exceed eight days, in addition to
time already spent in the facility, unless a program plan that is
in conformance with standards established by the { - State
Commission on Children and Families - } { + Youth Development
Council + } has been filed with and approved by the
{ - commission - } { + council + }, in which case the youth
offender may be held in detention for a maximum of 30 days in
addition to time already spent in the facility, when:
(a) The youth offender has been found to be within the
jurisdiction of the juvenile court by reason of having committed
an act { - which - } { + that + } would be a crime if
committed by an adult; or
Enrolled House Bill 4165 (HB 4165-B) Page 44
(b) The youth offender has been placed on formal probation for
an act { - which - } { + that + } would be a crime if
committed by an adult, and has been found to have violated a
condition of that probation.
(2) Pursuant to a hearing, the juvenile court may order a youth
offender who is at least 18 years of age placed in a jail or
other place where adults are detained. The placement must be for
a specific period of time and may not exceed eight days in
addition to time already spent in a juvenile detention facility
or jail. The court may order placement under this subsection
when:
(a) The youth offender has been found to be within the
jurisdiction of the juvenile court by reason of having committed
an act { - which - } { + that + } would be a crime if
committed by an adult; or
(b) The youth offender has been placed on formal probation for
an act { - which - } { + that + } would be a crime if
committed by an adult, and has been found to have violated a
condition of that probation.
(3) In order to detain a youth offender under subsection (2) of
this section, the court shall make case-specific findings that
placement in a jail or other place where adults are detained
meets the specific needs of the youth offender.
(4) As used in this section, 'adult' does not include a person
who is 18 years of age or older and is alleged to be, or has been
found to be, within the jurisdiction of the juvenile court under
ORS 419C.005.
SECTION 62. ORS 430.241 is amended to read:
430.241. (1) As used in this section and ORS 430.242:
(a) 'Local government' means a local government as defined in
ORS 174.116 that receives state or federal funding for programs
that provide alcohol or drug prevention or treatment services.
(b) 'Participating state agency' means the { - State
Commission on Children and Families - } { + Youth Development
Council + }, the Department of Corrections, the Department of
Human Services, the Oregon Health Authority, the Department of
Education, the Oregon Criminal Justice Commission, the Oregon
State Police, the Oregon Youth Authority or any other state
agency that is approved by the Alcohol and Drug Policy Commission
to license, contract for, provide or coordinate alcohol or drug
prevention or treatment services.
(c) 'Provider' means any person that is licensed by the Oregon
Health Authority to provide alcohol or drug prevention or
treatment services.
(2) There is created the Alcohol and Drug Policy Commission,
which is charged with planning, evaluating and coordinating
policies for the funding and effective delivery of alcohol and
drug prevention and treatment services.
(3) The membership of the commission consists of:
(a) Sixteen members appointed by the Governor, subject to
confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565, including:
(A) An elected district attorney;
(B) An elected county sheriff;
(C) A county commissioner;
(D) A representative of an Indian tribe;
(E) A provider;
(F) A chief of police;
(G) An alcohol or drug treatment researcher or epidemiologist;
(H) A criminal defense attorney;
Enrolled House Bill 4165 (HB 4165-B) Page 45
(I) A representative of the health insurance industry;
(J) A representative of hospitals;
(K) An alcohol or treatment professional who is highly
experienced in the treatment of persons with a dual diagnosis of
mental illness and substance abuse;
(L) An alcohol or drug abuse prevention representative;
(M) A consumer of alcohol or drug treatment who is in recovery;
(N) A representative of the business community;
(O) An alcohol or drug prevention representative who
specializes in youth; and
(P) A person with expertise in and experience working with
information technology systems used in complex intergovernmental
or corporate settings.
(b) Two members of the Legislative Assembly appointed to the
commission as nonvoting members of the commission, acting in an
advisory capacity only and including:
(A) One member from among members of the Senate appointed by
the President of the Senate; and
(B) One member from among members of the House of
Representatives appointed by the Speaker of the House of
Representatives.
(c) The following voting ex officio members:
(A) The Governor or the Governor's designee;
(B) The Attorney General;
(C) The Director of the Oregon Health Authority;
(D) The Director of the Department of Corrections;
(E) The Deputy Superintendent of Public Instruction or the
deputy superintendent's designee;
(F) The Director of Human Services;
(G) The Director of the Oregon Youth Authority;
(H) The chairperson of the { - State Commission on Children
and Families - } { + Youth Development Council + }; and
(I) The administrator of the Oregon Liquor Control Commission.
(d) A judge of a circuit court appointed to the commission as a
nonvoting member by the Chief Justice of the Supreme Court.
(4) The Alcohol and Drug Policy Commission shall select one of
its members as chairperson and another as vice chairperson, for
such terms and with duties and powers necessary for the
performance of the functions of such offices as the commission
determines.
(5) A majority of the voting members of the commission
constitutes a quorum for the transaction of business.
(6) Official action of the commission requires the approval of
a majority of a quorum.
(7) The commission may establish a steering committee and
subcommittees. These committees may be continuing or temporary.
(8) The term of office of each commission member appointed by
the Governor is four years, but a member serves at the pleasure
of the Governor. If there is a vacancy for any cause, the
Governor shall make an appointment to become immediately
effective.
(9) The Oregon Health Authority shall provide staff support to
the commission. Subject to available funding, the commission may
contract with a public or private entity to provide staff
support.
(10) Members of the commission who are not members of the
Legislative Assembly are entitled to compensation and expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
compensation and expenses shall be paid out of funds appropriated
Enrolled House Bill 4165 (HB 4165-B) Page 46
to the Oregon Health Authority or funds appropriated to the
commission for purposes of the commission.
(11) The commission shall establish a budget advisory committee
composed of the individuals listed in subsection (3)(a)(C),
(c)(B) to (I) and (d) of this section. The individual described
in subsection (3)(d) of this section is a nonvoting member of the
committee. The committee shall recommend budget policy priorities
to the commission:
(a) Regarding the allocation of funding for alcohol and drug
prevention and treatment services across state agencies and
throughout this state;
(b) That identify additional funding from federal and private
sources for alcohol and drug prevention and treatment services;
and
(c) For authorizing a suspension of the payment of state funds,
or funds administered by this state, to programs that do not
comply with the commission's rules or the budget priority policy
or that do not provide effective prevention or treatment
services.
(12)(a) The Governor shall appoint a Director of the Alcohol
and Drug Policy Commission who shall serve at the pleasure of the
Governor and be responsible for the dissemination and
implementation of the commission's policies and the performance
of the duties, functions and powers of the commission that are
delegated to the director by the commission.
(b) The director shall be paid a salary as provided by law or,
if not so provided, as prescribed by the Governor.
SECTION 63. ORS 430.242 is amended to read:
430.242. (1) The Alcohol and Drug Policy Commission established
under ORS 430.241 shall:
(a) Establish priorities and policies for alcohol and drug
prevention and treatment services as part of a long-term
strategic prevention and treatment plan for this state.
(b) In consultation with the budget advisory committee
described in ORS 430.241, adopt budget policy priorities
including recommendations for state agency budget allocations, in
the Governor's proposed budget, for alcohol and drug prevention
and treatment services.
(c) For alcohol and drug prevention and treatment services that
use state funds or that use private or federal funds administered
by this state, establish, as the commission deems appropriate,
minimum standards for licensing, contracting for, providing and
coordinating the services.
(2) To promote the effective and efficient use of resources and
to reduce unnecessary administrative requirements, the
commission, in consultation with participating state agencies,
the Judicial Department, local governments, providers and the
Oregon Department of Administrative Services, shall develop and
implement a plan for structuring Oregon's data collection and
reporting systems for alcohol and drug prevention and treatment
programs to enable participating state agencies, the Judicial
Department, local governments and providers to share data to:
(a) Improve client care;
(b) Improve and ensure the fidelity of evidence-based treatment
practices;
(c) Improve alcohol and drug prevention and treatment programs;
(d) Ensure the accountability of publicly funded programs;
(e) Establish high-level, statewide performance measures for
Oregon's alcohol and drug prevention and treatment programs; and
Enrolled House Bill 4165 (HB 4165-B) Page 47
(f) Advance the science of alcohol and drug prevention and
treatment.
(3) The plan established under subsection (2) of this section
must:
(a) Include protocols and procedures to improve data
collection, sharing and analysis and the interoperability of data
and information systems;
(b) Include safeguards for protecting the confidentiality of
information consistent with state and federal privacy and
security requirements;
(c) Include safeguards for protecting trade secret information
of providers;
(d) Include a review of the data collection, sharing and
analysis functions of participating state agencies with respect
to alcohol and drug prevention and treatment programs to identify
duplicative, inefficient, wasteful or unnecessary functions and
include recommendations for improvements to the functions
described in this paragraph; and
(e) Be published no later than six months after the
appointment, under ORS 430.241, of the first Director of the
Alcohol and Drug Policy Commission and shall be revised as
frequently as the commission determines is appropriate.
(4) Consistent with the plan established under subsection (2)
of this section, the commission may:
(a) Designate a statewide data repository for data related to
alcohol and drug prevention and treatment services and require
participating state agencies, local governments and providers to
furnish data to the designated statewide data repository in the
form and manner prescribed by the commission.
(b) Direct participating state agencies, local governments and
providers to furnish other data, information and reports that the
commission considers necessary to perform its duties.
(c) Furnish data to participating state agencies, local
governments, providers and the Judicial Department.
(d) Direct the unit within the Oregon Health Authority that
conducts analyses and evaluations of alcohol and drug prevention
and treatment programs to:
(A) Modify systems and business processes to conform to the
plan established under subsection (2) of this section; and
(B) Change or stop data collection, data sharing or data
analysis functions that are duplicative, inefficient, wasteful or
unnecessary.
(5) All participating state agencies shall:
(a) Provide staff support and financial resources to assist the
commission in the performance of its duties, which may include
making reasonable modifications to the information systems of the
state agencies to conform the systems to the plan established
under subsection (2) of this section.
(b) Furnish such information, assistance and advice as the
commission considers necessary to perform its duties.
(c) Coordinate grant applications that seek funding for alcohol
or drug prevention or treatment programs.
(d) Coordinate with research entities to obtain current
information about issues related to alcohol and drug use and to
encourage research to evaluate and refine prevention and
treatment efforts.
(e) Educate the general public about issues related to alcohol
and drug use and the effectiveness of evidence-based prevention
and treatment services, to increase public awareness and the
allocation of resources.
Enrolled House Bill 4165 (HB 4165-B) Page 48
(f) Promote a treatment delivery infrastructure that will meet
anticipated increases in demand for services, ensure a skilled
addictions treatment workforce and provide effective treatment
assessment mechanisms.
(g) Assess funding priorities and explore opportunities for
additional federal resources for alcohol and drug prevention and
treatment services.
(h) Solicit from agencies, associations, individuals and all
political subdivisions of this state program proposals that
address identified priorities.
(i) Evaluate and report to the commission, in the manner and at
intervals prescribed by the commission, on the cost and
effectiveness of the state agency's treatment programs.
(6) The commission may:
(a) Establish up to 10 pilot programs, located in diverse
Oregon communities including at least one tribe, to:
(A) Phase in the long-term strategic prevention and treatment
plan developed under subsection (1)(a) of this section; and
(B) Implement prevention programs developed under subsection
(7) of this section.
(b) Delegate to the Director of the Alcohol and Drug Policy
Commission the authority to carry out the provisions of this
section.
(c) Apply for and receive gifts and grants from any public or
private source. All moneys received by the commission under this
paragraph are continuously appropriated to the commission for the
purposes of carrying out the duties, functions and powers of the
commission.
(d) Award grants from funds appropriated to the commission by
the Legislative Assembly, or from funds otherwise available from
any other source, for the purpose of carrying out the duties of
the commission.
(7) No later than six months after the appointment of the first
Director of the Alcohol and Drug Policy Commission, the director
shall develop a science-based model alcohol and drug prevention
program for use in conjunction with the pilot programs, if any,
established under subsection (6) of this section and as otherwise
directed by the commission. The director shall develop the model
program in consultation with:
(a) The Oregon Health Authority;
(b) The Department of Human Services;
(c) The Department of Education;
(d) The Oregon Liquor Control Commission;
{ - (e) The State Commission on Children and Families; - }
{ + (e) The Youth Development Council; + }
(f) Organizations that represent or advocate on behalf of
consumers of alcohol and drug prevention and treatment programs;
and
(g) Behavioral scientists.
(8) The commission and participating state agencies shall enter
into interagency agreements to:
(a) Provide staff and financial resources to assist the
commission in carrying out its duties;
(b) Share computer systems and technologies between
participating state agencies' staff;
(c) Collect and analyze data related to the performance of
alcohol and drug prevention and treatment programs; and
(d) Investigate the impacts of drug and alcohol abuse on
Oregonians.
Enrolled House Bill 4165 (HB 4165-B) Page 49
(9) The commission may adopt rules to carry out its duties
under this section.
SECTION 64. Section 16, chapter 418, Oregon Laws 2011, is
amended to read:
{ + Sec. 16. + } (1) As used in this section, 'regional
health improvement plan' means a four-year comprehensive,
coordinated regional plan incorporating and replacing all health
and human service plans prescribed by the Oregon Health
Authority, including but not limited to plans required under ORS
430.630, 430.640, 431.385 and 624.510 { - and plans required by
the State Commission on Children and Families under ORS 417.705
to 417.801 - } .
(2)(a) The Central Oregon Health Council shall conduct a
regional health assessment and adopt a regional health
improvement plan to serve as a strategic population health and
health care system service plan for the region served by the
council. The plan must define the scope of the activities,
services and responsibilities that the council proposes to assume
upon implementation of the plan.
(b) The activities, services and responsibilities that the
council proposes to assume under the plan may include, but are
not limited to:
(A) Analysis and development of public and private resources,
capacities and metrics based on ongoing regional health
assessment activities and population health priorities;
(B) Health policy;
(C) System design;
(D) Outcome and quality improvement;
(E) Integration of service delivery; and
(F) Workforce development.
(3) The council shall submit the plan adopted under subsection
(2) of this section to the authority for approval. The authority
may approve the plan or return it to the council for modification
prior to approval.
(4) The regional health improvement plan adopted under this
section shall serve as a guide for entities serving medical
assistance recipients, public health authorities, mental health
authorities, health care systems, payer groups, provider groups
and health coalitions in the counties served by the council.
SECTION 65. ORS 458.525 is amended to read:
458.525. (1) The Interagency Council on Hunger and Homelessness
is established. The Director of the Housing and Community
Services Department shall chair the council. In addition to the
director, the council shall consist of 15 members as follows:
(a) One member representing each of the following:
(A) The Housing and Community Services Department.
(B) The Department of Corrections.
(C) The Oregon Business Development Department.
{ - (D) The State Commission on Children and Families. - }
{ + (D) The Early Learning Council. + }
(E) The Department of Education.
(F) The State Department of Agriculture.
(G) The Employment Department.
(H) The Department of Veterans' Affairs.
(I) The Department of Transportation.
(J) The Oregon Youth Authority.
(K) The Department of Community Colleges and Workforce
Development.
(L) The Department of Justice.
(M) The Oregon Health Authority.
Enrolled House Bill 4165 (HB 4165-B) Page 50
(b) Two members representing the Department of Human Services.
Of the two members representing that department:
(A) One shall have expertise on issues affecting services to
adults and families.
(B) One shall have expertise on issues affecting services to
seniors and to persons with disabilities.
(2) Each council member must be the administrative head of the
listed agency or an employee of that agency who is designated by
the administrative head and who has an agency policy-making role
affecting hunger, food programs, nutrition, homelessness or
related issues.
(3) The Hunger Relief Task Force shall adopt recommendations
and proposals as the task force deems appropriate. The council
shall be responsible for receiving the recommendations and
proposals adopted by the task force and the recommendations of
any state body relating to the issue of homelessness, and for
forwarding the recommendations and proposals to state agencies or
other public or private organizations for action that the council
deems appropriate:
(a) To ensure the coordination of state agency hunger relief
efforts and homelessness relief efforts;
(b) To ensure that food and nutrition programs, other hunger
relief efforts and homelessness relief efforts operate
efficiently and effectively;
(c) To monitor the utilization of federal hunger relief efforts
and homelessness relief efforts and provide outreach to expand
underutilized programs; and
(d) To encourage the coordination of state and local programs,
public and private antipoverty programs affecting food
distribution and programs for assisting the homeless.
(4) The Director of the Housing and Community Services
Department, in collaboration with the Director of Human Services,
shall convene council meetings at least quarterly.
(5) The Director of the Housing and Community Services
Department shall provide the council with staff support the
director deems appropriate, by using Housing and Community
Services Department employees or by contract. The director shall
also provide the council with supplies as the director deems
appropriate.
SECTION 66. 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.
Enrolled House Bill 4165 (HB 4165-B) Page 51
(e) An employee of the Department of Human Services, Oregon
Health Authority, { - State Commission on Children and
Families, - } { + Early Learning Council, Youth Development
Council, + }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) A child care provider registered or certified under ORS
657A.030 and 657A.250 to 657A.450.
(t) A member of the Legislative Assembly.
SECTION 67. ORS 657A.490 is amended to read:
657A.490. If the Department of Education is able to find
adequate funding under ORS 657A.493, the department, in
partnership with organizations including, but not limited to, the
Institute on Violence and Destructive Behavior at the University
of Oregon, the Child Care Division of the Employment Department,
the { - State Commission on Children and Families - } { +
Early Learning Council, the Youth Development Council + } and the
Oregon Center for Career Development in Childhood Care and
Education:
(1) Shall establish, in coordination with existing training
systems, a statewide child care provider training program that
will educate child care providers on:
(a) The importance of healthy brain development in the first
three years of a child's life.
(b) The identification of risk factors and behaviors that
indicate that a child:
(A) Needs special education or mental health treatment; or
(B) Is at risk of becoming involved in the criminal justice
system.
(c) Appropriate referrals for intervention for the behaviors
identified under paragraph (b) of this subsection.
(2) Shall establish an application process for child care
providers who wish to attend the program and may charge child
care providers a fee for attending the program.
(3) May adopt any rules necessary to implement this section.
SECTION 68. ORS 805.205 is amended to read:
805.205. (1) The Department of Transportation shall provide for
issuance of registration plates described in subsections (3), (7)
and (8) of this section for nonprofit groups meeting the
qualifications for tax exempt status under section 501(c)(3) of
the Internal Revenue Code and for institutions of higher
education. Plates issued under this section may be issued to
owners of motor vehicles registered under the provisions of ORS
Enrolled House Bill 4165 (HB 4165-B) Page 52
803.420 (1). Plates issued under this section may not contain
expressions of political opinion or religious belief. Rules
adopted under this section shall include, but need not be limited
to, rules that:
(a) Describe general qualifications to be met by any group in
order to be eligible for plates issued under this section.
(b) Specify circumstances under which the department may cease
to issue plates for any particular group.
(c) Require each group for which plates are issued to file an
annual statement on a form designed by the department showing
that the group is a nonprofit group or is an institution of
higher education and that the group or institution otherwise
meets the qualifications imposed for eligibility for plates
issued under this section. The statement shall include names and
addresses of current directors or officers of the group or
institution or of other persons authorized to speak for the group
or institution on matters affecting plates issued under this
section.
(2)(a) Except as otherwise provided in paragraphs (b) and (c)
of this subsection, in addition to any other fee authorized by
law, upon issuance of a plate under this section and upon renewal
of registration for a vehicle that has plates issued under this
section, the department shall collect a surcharge for each year
of the registration period. The surcharge shall be determined by
the department by rule and may not be less than $2.50 per plate
or more than $16 per plate. In setting the amount of the
surcharge, the department shall consult with the nonprofit group
for which the plates are issued.
(b) In addition to any other fee authorized by law, upon
issuance of a plate under this section that recognizes an
institution of higher education in this state, and upon renewal
of registration for a vehicle that has such plates, the
department shall collect a surcharge of $8 per plate for each
year of the registration period.
(c) In addition to any other fee authorized by law, upon
issuance of a Share the Road registration plate, as described in
subsection (7) of this section, the department shall collect a
surcharge of $5 per year of registration.
(3) Plates issued under this section shall be from the current
regular issue of plates except that:
(a) If the group requesting the plates is an institution of
higher education, the plates shall, upon request, contain words
that indicate the plates are issued to recognize the institution
or shall contain the institution's logo or an image of the
institution's mascot; or
(b) If the group requesting the plates is a group that
recognizes fallen public safety officers, the plates shall, upon
request, contain a decal that indicates the plates are issued to
recognize fallen public safety officers.
(4) Except as otherwise required by the design chosen, the
plates shall comply with the requirements of ORS 803.535. The
department shall determine how many sets of plates shall be
manufactured for each group approved under this section. If the
department does not sell or issue renewal for 500 sets of plates
for a particular group in any one year, the department shall
cease production of those plates.
(5) Except as otherwise provided in subsection (6) of this
section, each group that is found by the department to be
eligible for plates issued under this section may designate an
account into which the net proceeds of the surcharge collected by
Enrolled House Bill 4165 (HB 4165-B) Page 53
the department under subsection (2) of this section are to be
deposited. The department shall keep accurate records of the
number of plates issued for each group that qualifies. After
payment of administrative expenses of the department, moneys
collected under this section for each group shall be deposited by
the department into an account specified by that group. If any
group does not specify an account for the moneys collected from
the sale of plates issued under this section, the department
shall deposit moneys collected for those plates into the
Passenger Rail Transportation Account established under ORS
802.100 to be used as other moneys in the account are used.
Deposits under this subsection shall be made at least quarterly.
(6)(a) Each institution of higher education that requests a
plate under this section shall designate an account in the
general fund of the institution, and the proceeds in the account
shall be used for the purpose of academic enrichment at the
institution.
(b) Net proceeds of the surcharge collected by the department
for Share the Road registration plates shall be deposited into
two accounts designated by the Bicycle Transportation Alliance
and Cycle Oregon. The department shall evenly distribute the net
proceeds to each account. Deposits under this paragraph shall be
made at least quarterly. At any time that the department
determines that the accounts designated by the Bicycle
Transportation Alliance and Cycle Oregon cease to exist, the
department may deposit the proceeds into the Passenger Rail
Transportation Account established under ORS 802.100.
(c) Net proceeds of the surcharge collected by the department
for Keep Kids Safe registration plates shall be deposited into an
account designated by the Children's Trust Fund of Oregon
Foundation to fund strategies and approaches shown to prevent or
reduce child abuse. Deposits made under this paragraph shall be
made at least quarterly. At any time that the department
determines that the account designated by the Children's Trust
Fund of Oregon Foundation ceases to exist, the department may
deposit the proceeds into the Passenger Rail Transportation
Account established under ORS 802.100 to be used as other moneys
in the account are used.
(7) Notwithstanding subsection (3) of this section, the
department shall design a Share the Road registration plate in
consultation with the Bicycle Transportation Alliance and Cycle
Oregon.
(8) Notwithstanding subsection (3) of this section, the
department shall design a Keep Kids Safe registration plate in
consultation with the { - State Commission on Children and
Families - } { + Children's Trust Fund of Oregon Foundation and
the regional entity that provides services to children and
families in Deschutes County + }.
SECTION 68a. ORS 805.205, as amended by section 68 of this 2012
Act, is amended to read:
805.205. (1) The Department of Transportation shall provide for
issuance of registration plates described in subsections (3), (7)
and (8) of this section for nonprofit groups meeting the
qualifications for tax exempt status under section 501(c)(3) of
the Internal Revenue Code and for institutions of higher
education. Plates issued under this section may be issued to
owners of motor vehicles registered under the provisions of ORS
803.420 (1). Plates issued under this section may not contain
expressions of political opinion or religious belief. Rules
Enrolled House Bill 4165 (HB 4165-B) Page 54
adopted under this section shall include, but need not be limited
to, rules that:
(a) Describe general qualifications to be met by any group in
order to be eligible for plates issued under this section.
(b) Specify circumstances under which the department may cease
to issue plates for any particular group.
(c) Require each group for which plates are issued to file an
annual statement on a form designed by the department showing
that the group is a nonprofit group or is an institution of
higher education and that the group or institution otherwise
meets the qualifications imposed for eligibility for plates
issued under this section. The statement shall include names and
addresses of current directors or officers of the group or
institution or of other persons authorized to speak for the group
or institution on matters affecting plates issued under this
section.
(2)(a) Except as otherwise provided in paragraphs (b) and (c)
of this subsection, in addition to any other fee authorized by
law, upon issuance of a plate under this section and upon renewal
of registration for a vehicle that has plates issued under this
section, the department shall collect a surcharge for each year
of the registration period. The surcharge shall be determined by
the department by rule and may not be less than $2.50 per plate
or more than $16 per plate. In setting the amount of the
surcharge, the department shall consult with the nonprofit group
for which the plates are issued.
(b) In addition to any other fee authorized by law, upon
issuance of a plate under this section that recognizes an
institution of higher education in this state, and upon renewal
of registration for a vehicle that has such plates, the
department shall collect a surcharge of $8 per plate for each
year of the registration period.
(c) In addition to any other fee authorized by law, upon
issuance of a Share the Road registration plate, as described in
subsection (7) of this section, the department shall collect a
surcharge of $5 per year of registration.
(3) Plates issued under this section shall be from the current
regular issue of plates except that:
(a) If the group requesting the plates is an institution of
higher education, the plates shall, upon request, contain words
that indicate the plates are issued to recognize the institution
or shall contain the institution's logo or an image of the
institution's mascot; or
(b) If the group requesting the plates is a group that
recognizes fallen public safety officers, the plates shall, upon
request, contain a decal that indicates the plates are issued to
recognize fallen public safety officers.
(4) Except as otherwise required by the design chosen, the
plates shall comply with the requirements of ORS 803.535. The
department shall determine how many sets of plates shall be
manufactured for each group approved under this section. If the
department does not sell or issue renewal for 500 sets of plates
for a particular group in any one year, the department shall
cease production of those plates.
(5) Except as otherwise provided in subsection (6) of this
section, each group that is found by the department to be
eligible for plates issued under this section may designate an
account into which the net proceeds of the surcharge collected by
the department under subsection (2) of this section are to be
deposited. The department shall keep accurate records of the
Enrolled House Bill 4165 (HB 4165-B) Page 55
number of plates issued for each group that qualifies. After
payment of administrative expenses of the department, moneys
collected under this section for each group shall be deposited by
the department into an account specified by that group. If any
group does not specify an account for the moneys collected from
the sale of plates issued under this section, the department
shall deposit moneys collected for those plates into the
Passenger Rail Transportation Account established under ORS
802.100 to be used as other moneys in the account are used.
Deposits under this subsection shall be made at least quarterly.
(6)(a) Each institution of higher education that requests a
plate under this section shall designate an account in the
general fund of the institution, and the proceeds in the account
shall be used for the purpose of academic enrichment at the
institution.
(b) Net proceeds of the surcharge collected by the department
for Share the Road registration plates shall be deposited into
two accounts designated by the Bicycle Transportation Alliance
and Cycle Oregon. The department shall evenly distribute the net
proceeds to each account. Deposits under this paragraph shall be
made at least quarterly. At any time that the department
determines that the accounts designated by the Bicycle
Transportation Alliance and Cycle Oregon cease to exist, the
department may deposit the proceeds into the Passenger Rail
Transportation Account established under ORS 802.100.
(c) Net proceeds of the surcharge collected by the department
for Keep Kids Safe registration plates shall be deposited into an
account designated by the Children's Trust Fund of Oregon
Foundation to fund strategies and approaches shown to prevent or
reduce child abuse. Deposits made under this paragraph shall be
made at least quarterly. At any time that the department
determines that the account designated by the Children's Trust
Fund of Oregon Foundation ceases to exist, the department
{ + shall deposit the proceeds into the Keep Kids Safe
Registration Plate Account established in section 68b of this
2012 Act. + } { - may deposit the proceeds into the Passenger
Rail Transportation Account established under ORS 802.100 to be
used as other moneys in the account are used. - } { + At the
beginning of each biennium, the Early Learning Council shall
evenly distribute the moneys in the Keep Kids Safe Registration
Plate Account to the counties in this state, until each county
receives $1,000. After each county has received $1,000, the
council shall distribute any remaining moneys to each county in
an amount equal to the percentage of Keep Kids Safe registration
plates sold in that county. Each county shall use the moneys
received under this paragraph solely for the purpose of funding
strategies and approaches shown to prevent or reduce child
abuse. + }
(7) Notwithstanding subsection (3) of this section, the
department shall design a Share the Road registration plate in
consultation with the Bicycle Transportation Alliance and Cycle
Oregon.
(8) Notwithstanding subsection (3) of this section, the
department shall design a Keep Kids Safe registration plate in
consultation with the Children's Trust Fund of Oregon Foundation
and the regional entity that provides services to children and
families in Deschutes County.
SECTION 68b. { + The Keep Kids Safe Registration Plate Account
is established within the Early Learning Council Fund. All moneys
received by the Early Learning Council from the sale of Keep Kids
Enrolled House Bill 4165 (HB 4165-B) Page 56
Safe registration plates shall be deposited into the account and
are continuously appropriated to the council to be distributed to
counties as provided in ORS 805.205. + }
SECTION 68c. { + Section 68b of this 2012 Act and the
amendments to ORS 805.205 by section 68a of this 2012 Act become
operative January 1, 2014. + }
SECTION 69. { + ORS 417.730, 417.733, 417.735, 417.740,
417.745, 417.750 and 419A.047 are repealed. + }
SECTION 70. { + (1) Sections 29 to 32 of this 2012 Act and the
amendments to statutes and session law by sections 33 to 46 and
47 to 68 of this 2012 Act become operative on July 1, 2012.
(2) The Early Learning System Director or the chairperson of
the Youth Development Council may take any action before the
operative date specified in subsection (1) of this section that
is necessary to enable the director or chairperson to exercise,
on and after the operative date specified in subsection (1) of
this section, the duties, functions and powers of the director or
chairperson transferred by the provisions of section 29 of this
2012 Act. + }
SECTION 71. { + The repeal of ORS 417.730, 417.733, 417.735,
417.740, 417.745, 417.750 and 419A.047 by section 69 of this 2012
Act becomes operative on July 1, 2012. + }
SECTION 72. { + (1) Nothing in the amendments to statutes and
session law by sections 33 to 46 and 47 to 68 of this 2012 Act
and the repeal of statutes by section 69 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 the provisions of section 29 of this 2012 Act. The
Early Learning Council or the Youth Development Council may
undertake the collection or enforcement of any such liability,
duty or obligation.
(2) The rights and obligations of the State Commission on
Children and Families legally incurred under contracts, leases
and business transactions executed, entered into or begun before
the operative date specified in section 70 of this 2012 Act are
transferred to the Early Learning Council or the Youth
Development Council. For the purpose of succession to these
rights and obligations, the Early Learning Council or the Youth
Development Council is a continuation of the state commission and
not a new authority. + }
SECTION 73. { + Notwithstanding the transfer of duties,
functions and powers by the provisions of section 29 of this 2012
Act, the rules of the State Commission on Children and Families
in effect on the operative date specified in section 70 of this
2012 Act continue in effect until superseded or repealed by rules
of the Early Learning Council or the Youth Development Council.
References in rules of the state commission to the state
commission or an officer or employee of the state commission are
considered to be references to:
(1) The Early Learning Council, or an officer or employee of
the council, for services related to children zero through six
years of age.
(2) The Youth Development Council, or an officer or employee of
the council, for services related to school-age children through
youth 20 years of age. + }
SECTION 74. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, reference is
made to the State Commission on Children and Families or an
Enrolled House Bill 4165 (HB 4165-B) Page 57
officer or employee of the state commission, the reference is
considered to be a reference to:
(1) The Early Learning Council, or an officer or employee of
the council, for services related to children zero through six
years of age.
(2) The Youth Development Council, or an officer or employee of
the council, for services related to school-age children through
youth 20 years of age. + }
SECTION 75. { + (1) Section 29 of this 2012 Act and the repeal
of ORS 417.730 by section 69 of this 2012 Act are intended to
change the name of the 'State Commission on Children and
Families' to:
(a) The 'Early Learning Council' for services related to
children zero through six years of age; and
(b) The 'Youth Development Council' for services related to
school-age children through youth 20 years of age.
(2) For the purpose of harmonizing and clarifying statutory
law, the Legislative Counsel may substitute for words designating
the 'State Commission on Children and Families,' wherever they
occur in statutory law, other words designating:
(a) The 'Early Learning Council' for services related to
children zero through six years of age; and
(b) The 'Youth Development Council' for services related to
school-age children through youth 20 years of age. + }
SECTION 76. { + (1) Sections 10 and 21b of this 2012 Act and
the repeal of ORS 417.733 by section 69 of this 2012 Act are
intended to change the name of the 'State Commission on Children
and Families Account' to the 'Early Learning Council Fund' and
the ' Youth Development Council Fund. '
(2) For the purpose of harmonizing and clarifying statutory
law, the Legislative Counsel may substitute for words designating
the 'State Commission on Children and Families Account, '
wherever they occur in statutory law, other words designating the
' Early Learning Council Fund' or the 'Youth Development Council
Fund,' as appropriate, based on the transfer of funds from the
State Commission on Children and Families Account as provided by
section 30 of this 2012 Act. + }
{ +
COMMUNITY-BASED COORDINATORS OF + }
{ +
EARLY LEARNING SERVICES + }
SECTION 77. { + (1) As used in this section, 'community-based
coordinator of early learning services' means counties, cities,
school districts, education service districts, community
colleges, public universities, private educational institutions,
faith-based organizations, nonprofit service providers, tribes
and any other entity that meets the minimum criteria to be a
community-based coordinator of early learning services, as
determined by the Early Learning Council.
(2) The Early Learning Council shall implement and oversee a
system that coordinates the delivery of early learning services
to the communities of this state through the use of
community-based coordinators of early learning services.
(3) The system implemented and overseen by the council must
ensure that:
(a) Providers of early learning services are accountable;
(b) Services are provided in a cost-efficient manner; and
Enrolled House Bill 4165 (HB 4165-B) Page 58
(c) The services provided, and the means by which those
services are provided, are focused on the outcomes of the
services.
(4) An entity may become a community-based coordinator of early
learning services by submitting to the council an application
that demonstrates the following:
(a) The entity is able to coordinate the provision of early
learning services to the community that will be served by the
entity. An entity may make the demonstration required by this
paragraph by submitting evidence that local stakeholders,
including but not limited to service providers, parents,
community members, county governments, local governments and
school districts, have participated in the development of the
application.
(b) The services coordinated by the entity will be in alignment
with the services provided by the public schools of the community
that will be served by the entity.
(c) The entity will make advantageous use of the system of
public health care and services available through county health
departments and other publicly supported programs delivered
through, or in partnership with, counties.
(d) The entity has a governing body or an advisory body that:
(A) Has the authority to initiate audits, recommend the terms
of a contract and provide reports to the public and to the Early
Learning Council on the outcomes of the provision of early
learning services to the community served by the entity.
(B) Has members selected through a transparent process.
(e) The entity will collaborate on documentation related to
coordinated services with public and private entities that are
identified by the Early Learning Council as providers of services
that advance the early learning of children.
(f) The entity will serve a community that is based on the
population and service needs of the community.
(g) The entity is able to raise significant funds from public
and private sources to support early learning services
coordinated by the entity.
(h) The entity meets any other qualifications established by
the Early Learning Council.
(5) The Early Learning Council may develop requirements in
addition to the requirements described in subsections (3) and (4)
of this section that an entity must meet to qualify as a
community-based coordinator of early learning services. When
developing the requirements, the council must use a statewide
public process of community engagement that is consistent with
the requirements of the federal Head Start Act.
(6) When determining whether to designate an entity as a
community-based coordinator of early learning services, the Early
Learning Council shall balance the following factors:
(a) The entity's ability to engage the community and be
involved in the community.
(b) The entity's ability to produce outcomes that benefit
children.
(c) The entity's resourcefulness.
(d) The entity's use, or proposed use, of evidence-based
practices.
(7) The Early Learning Council may alter the lines of the
territory served by a community-based coordinator of early
learning services only to ensure that all children of this state
are served by a community-based coordinator of early learning
services.
Enrolled House Bill 4165 (HB 4165-B) Page 59
(8) An entity designated as a community-based coordinator of
early learning services may not use more than 15 percent of the
moneys received by the entity from the Early Learning Council to
pay administrative costs of the entity. + }
SECTION 77a. { + (1) In order to ensure an orderly transition
from the local system of commissions on children and families, an
entity submitting an application under section 77 of this 2012
Act must show inclusion of, and coordination with, county
governments.
(2) On and after January 1, 2014, an entity submitting an
application under section 77 of this 2012 Act is required to show
that county governments participated in the development of the
application as provided by section 77 (4) of this 2012 Act. + }
SECTION 77b. { + Section 77a of this 2012 Act is repealed on
January 1, 2014. + }
SECTION 78. { + The Early Learning Council shall establish a
process for designating entities as community-based coordinators
of early learning services that allows the entities to begin
functioning as community-based coordinators of early learning
services no later than January 1, 2014. + }
SECTION 79. ORS 417.705, as amended by section 43 of this 2012
Act, is amended to read:
417.705. As used in ORS 417.705 to 417.800:
{ - (1) 'Local commission' means a local commission on
children and families established pursuant to ORS 417.760. - }
{ - (2) 'Local coordinated comprehensive plan' or 'local
plan' means a local coordinated comprehensive plan for children
and families that is developed pursuant to ORS 417.775 through a
process coordinated and led by a local commission and that
consists of: - }
{ - (a) A community plan that identifies the community's
needs, strengths, goals, priorities and strategies for: - }
{ - (A) Creating positive outcomes for children and
families; - }
{ - (B) Community mobilization; - }
{ - (C) Coordinating programs, strategies and services for
children who are 0 through 18 years of age and their families
among community groups, government agencies, private providers
and other parties; and - }
{ - (D) Addressing the needs of target populations; and - }
{ - (b) The service plans listed in ORS 417.775 (6) that
designate specific services for the target populations identified
in the community plan. - }
{ + (1) 'Community-based coordinator of early learning
services' means an entity designated under section 77 of this
2012 Act. + }
{ - (3) - } { + (2) + } 'Outcome' means the measure of a
desired result.
{ - (4) - } { + (3) + } 'Services for children and
families' does not include services provided by the Department of
Education or school districts that are related to curriculum or
instructional programs.
{ - (5) - } { + (4) + } 'Target' means a specific level of
achievement desired for a specific time, expressed numerically.
SECTION 80. ORS 417.710, as amended by section 44 of this 2012
Act, 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:
Enrolled House Bill 4165 (HB 4165-B) Page 60
(1) Authorize the Early Learning Council to set statewide
guidelines for the planning, coordination and delivery of
services for children and families in conjunction with other
state agencies and other planning bodies;
(2) Vest in { - local commissions on children and
families - } { + community-based coordinators of early learning
services + } the authority to distribute state and federal
funds { + , + } { - allocated to the local commissions to
supervise - } { + to coordinate + } services { - or - }
{ + and + } 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 - }
{ + providing + } 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 81. 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 - }
{ + community-based coordinator of early learning services + }
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; { + and + }
{ - (d) Shall be consistent with the local coordinated
comprehensive plan; and - }
{ - (e) - } { + (d) + } Shall incorporate the requirements
specified for community learning centers under ORS 329.156.
SECTION 82. { + The amendments to ORS 417.705, 417.710 and
417.725 by sections 79 to 81 of this 2012 Act become operative on
January 1, 2014. + }
Enrolled House Bill 4165 (HB 4165-B) Page 61
{ +
REMOVAL OF STATUTORY REQUIREMENT + }
{ +
FOR LOCAL COMMISSIONS ON CHILDREN AND FAMILIES + }
SECTION 83. ORS 315.259 is amended to read:
315.259. (1) The tax credits provided under this section may be
referred to as the First Break Program.
(2) As used in this section:
(a) 'Certificate' means a certificate issued by a
community-based organization under subsection (5) of this section
that certifies an individual as a qualified youth.
(b) 'Community-based organization' means an organization
designated by the Employment Department by rule as an
organization authorized to certify individuals as qualified
youths for purposes of this section, including all { - local
commissions on children and families, - } schools or class
groups offering alternative education programs under ORS 336.615
to 336.675, the federal Job Corps, school districts and the Youth
Employment and Empowerment Coalition.
(c) 'Employer' means an employer subject to taxation under ORS
chapter 316, 317 or 318.
(d) 'Hiring date' means the date on which the individual begins
work for the first employer after becoming a qualified youth.
(e) 'Qualified youth' or 'qualified youth employee' means an
individual who is 14 to 23 years of age on the hiring date and
who has received a certificate pursuant to subsection (5) of this
section from a community-based organization identifying the youth
as eligible to participate in the First Break Program according
to rules adopted by the Employment Department.
(f) 'Sustained employment' means employment:
(A)(i) Of at least six months during the 12-month period
following the hiring date; and
(ii) By three or fewer employers during the 12-month period
following the hiring date; or
(B) Of a full-time student for at least two months during the
period between May 1 and September 15.
(3)(a) A credit against the taxes otherwise due under ORS
chapter 316 (or, if the taxpayer is a corporation that is an
employer, under ORS chapter 317 or 318) is allowed to a resident
employer, based upon wages actually paid by the employer to a
qualified youth employee.
(b) The credit allowed under this subsection shall be allowed
for the tax year in which ends the 12-month period following the
hiring date of the qualified youth employee. Nothing in this
paragraph shall be interpreted to require the employer to employ
the qualified youth for the entire 12-month period in order to be
eligible for the credit under this subsection.
(4) The amount of the credit provided under subsection (3) of
this section shall be equal to the lesser of:
(a) $1,000;
(b) The amount of credit provided for in paragraph (a) of this
subsection that has not already been taken into account by a
previous employer of the qualified youth employee; or
(c) 50 percent of the wages paid to the qualified youth
employee during the 12-month period following the qualified youth
employee's hiring date.
(5)(a) The Employment Department shall authorize each
community-based organization to issue only a fixed number of
Enrolled House Bill 4165 (HB 4165-B) Page 62
certificates, the amount to be determined by the Employment
Department, but not to exceed 1,500 certificates.
(b) Each certificate is valid only for a two-year period from
the date it is issued to a qualified youth by a community-based
organization.
(c) A community-based organization shall track the use of each
certificate issued by it to a qualified youth and, if the youth
is employed by more than one employer during the time the
certificate is issued, shall calculate the amount of maximum
credit allowable under subsection (4) of this section and shall
inform each subsequent employer of the maximum amount of credit
under this section to which the employer may be entitled.
(d) If the community-based organization determines that the
qualified youth is unable or unwilling to find or maintain
sustained employment, the community-based organization shall
cancel the certificate and inform the Employment Department of
the cancellation. Upon cancellation of a certificate, the
Employment Department may authorize any community-based
organization to issue a new certificate to a qualified youth,
provided that the total number of outstanding certificates and
unissued certificates authorized to be issued does not exceed
1,500.
(e) If the community-based organization determines that all of
the employers of a qualified youth are collectively entitled to
80 percent or more of the tax credit provided under this section
at the time the qualified youth becomes unemployed, the
community-based organization shall withdraw the certificate, and
any subsequent employer shall not be entitled to a credit under
this section for employment of the qualified youth. A certificate
that is withdrawn under this paragraph shall not be reissued.
(f) No certificate may be issued under this subsection on or
after January 1, 2005.
(6) Wages taken into account for purposes of subsection (4) of
this section shall not include any amount paid by the employer to
an individual for whom the employer receives federal funds for
on-the-job training of the individual.
(7) Only one employer at a time shall be eligible for the
credit provided under this section for the employment of a
qualified youth employee.
(8)(a) A nonresident shall be allowed the credit provided under
subsection (3) of this section computed in the same manner and
subject to the same limitations as the credit allowed to a
resident of this state. However, the credit shall be prorated
using the proportion provided in ORS 316.117.
(b) If a change in the taxable year of a taxpayer occurs as
described in ORS 314.085, or if the Department of Revenue
terminates the taxpayer's taxable year under ORS 314.440, the
credit allowed by subsection (3) of this section shall be
prorated or computed in a manner consistent with ORS 314.085.
(c) If a change in the status of a taxpayer from resident to
nonresident or from nonresident to resident occurs, the credit
allowed by subsection (3) of this section shall be determined in
a manner consistent with ORS 316.117.
(9) Any tax credit otherwise allowable under this section that
is not used by the taxpayer in a particular tax year may be
carried forward and offset against the taxpayer's tax liability
for the next succeeding tax year. Any credit remaining unused in
such next succeeding tax year may be carried forward and used in
the second succeeding tax year, and likewise any credit not used
in that second succeeding tax year may be carried forward and
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used in the third succeeding tax year, and any credit not used in
that third succeeding tax year may be carried forward and used in
the fourth succeeding tax year, and any credit not used in that
fourth succeeding tax year may be carried forward and used in the
fifth succeeding tax year, but may not be carried forward for any
tax year thereafter.
(10)(a) The credit allowed under subsection (3) of this section
is in addition to any deduction otherwise allowable under ORS
chapter 316, 317 or 318.
(b) No other credit allowed under this chapter or ORS chapter
316, 317 or 318 shall be based upon all or any portion of amounts
upon which the credit allowed under subsection (3) of this
section is based.
(11) An employer receiving a credit under subsection (3) of
this section shall maintain records for each qualified youth
employee establishing that the employee was certified by a
community-based organization as a qualified youth on or before
the hiring date. The records shall be retained for a period of
four years after the tax year in which a credit provided under
subsection (3) of this section is taken.
(12) The Employment Department shall adopt rules that:
(a) Provide the criteria by which a youth may be identified as
eligible to participate in the First Break Program.
(b) Designate community-based organizations that may issue the
certificates described in subsection (5) of this section,
including all { - local commissions on children and
families, - } schools and class groups offering alternative
education programs, the federal Jobs Corps, school districts and
the Youth Employment and Empowerment Coalition.
SECTION 84. ORS 329.150 is amended to read:
329.150. A school district may provide services for children
and families at the school site, which may include a community
learning center. If the district chooses to provide services, the
design of educational and other services to children and their
families shall be the responsibility of the school district.
School districts may coordinate services with programs provided
through { - the local commissions on children and families to
provide - } { + and overseen by the Early Learning Council for
the purpose of providing + }services to families. To ensure that
all educational and other services for young children and their
families offer the maximum opportunity possible for the personal
success of the child and family members, it is the policy of this
state that the following principles for serving children should
be observed to the maximum extent possible in all of its
educational and other programs serving young children and their
families, including those programs delivered at community
learning centers:
(1) Services for young children and their families should be
located as close to the child and the family's community as
possible, encouraging community support and ownership of such
services;
(2) Services for young children and their families should
reflect the importance of integration and diversity to the
maximum extent possible in regard to characteristics such as
race, economics, gender, creed, capability and cultural
differences;
(3) Services should be designed to support and strengthen the
welfare of the child and the family and be planned in
consideration of the individual family's values;
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(4) Services should be designed to ensure continuity of care
among care givers in a given day and among service plans from
year to year;
(5) Service systems should address the most urgent needs in a
timely manner including health, intervention and support
services; and
(6) Service providers and sources of support should be
coordinated and collaborative, to reflect the knowledge that no
single system can serve all of the needs of the child and family.
SECTION 85. ORS 329.155, as amended by section 38 of this 2012
Act, is amended to read:
329.155. (1) State agencies that administer education programs
and other programs that provide services for children and
families shall:
(a) Evaluate the effectiveness of the program as related to the
principles stated in ORS 329.025 and 417.305 in the earliest
stages of the budget process, including components within
programs as appropriate;
(b) Articulate ways in which the program is:
(A) An effective component of agency and state priorities,
goals and strategies that have been established by the Early
Learning Council; and
(B) Relevant to research and professional standards;
(c) Establish plans, interagency partnerships { - , - } { +
and + } implementation practices { - and interactions with
local coordinated comprehensive plans - } ;
(d) Use the information generated by applicable state advisory
groups and governing boards in the program assessment of needs
and decisions as to service delivery in a given community; and
(e) Identify barriers to improving program capability to serve
the needs of young children and make related recommendations, if
any, to the Early Learning Council.
(2) The processes listed in subsection (1) of this section are
for the purpose of generating interagency coordination so as to
serve to the greatest extent possible young children and their
families in a comprehensive and developmentally appropriate
fashion. The information generated by these processes shall be
considered as a contribution to subsequent budget decisions by
state and local agencies, the Oregon Department of Administrative
Services and the Legislative Assembly.
SECTION 86. ORS 329.156, as amended by section 39 of this 2012
Act, is amended to read:
329.156. (1) The Department of Education and the Department of
Human Services shall support the development and implementation
of a network of community learning centers across the state.
(2) Within available funding, the Early Learning Council, in
conjunction with { - local commissions on children and families
or - } other organizations that provide training and technical
assistance to schools or community programs, shall provide
training and technical assistance to promote the development and
implementation of community learning centers. To the extent
possible, the council shall use voluntary organizations to
provide the training and technical assistance.
{ - (3) If a community learning center is created by a school
district, the school district shall coordinate with the local
commission on children and families to ensure that the community
learning center is referenced in the local coordinated
comprehensive plan, implemented pursuant to ORS 417.775. - }
{ - (4) - } { + (3) + } Community learning centers created
pursuant to this section shall:
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(a) Be located in or near a school or a cluster of schools;
(b) Involve parents in the care and education of their
children;
(c) Involve the local community in developing and overseeing
community learning center programs;
(d) Incorporate the principles of family support services
described in ORS 329.150 and 417.342;
(e) In partnership with the local school district board, create
or designate an advisory committee to offer guidance on program
development and implementation, with membership that is
representative of the diversity of community interests, including
representatives of businesses, schools, faith-based
organizations, social service and health care agencies, cultural
groups, recreation groups, municipal governments, community
colleges, libraries, child care providers, parents and
youths; { + and + }
(f) Conduct an assessment of strengths, needs and assets within
the community to be served by the community learning center that
identifies services being delivered in the community, defines and
clarifies services that are missing or overlapping and builds on
any existing community assessments { + . + } { - ; and - }
{ - (g) Coordinate the community assessment with the local
commission on children and families. - }
{ - (5) - } { + (4) + } The Department of Human Services
and the Department of Education shall provide technical
assistance to community learning centers to develop policies
ensuring that confidential information is disclosed only in
accordance with state and federal laws.
SECTION 87. ORS 329.175 is amended to read:
329.175. (1) The Department of Education shall administer the
Oregon prekindergarten program to assist eligible children with
comprehensive services including educational, social, health and
nutritional development to enhance their chances for success in
school and life. Eligible children, upon request of parent or
guardian, shall be admitted to approved Oregon prekindergartens
to the extent that the Legislative Assembly provides funds.
(2) Nonsectarian organizations including school districts and
Head Start grantees are eligible to compete for funds to
establish an Oregon prekindergarten. Grant recipients shall serve
children eligible according to federal Head Start guidelines and
other children who meet criteria of eligibility adopted by rule
by the State Board of Education. However, not more than 20
percent of the total enrollment shall consist of children who do
not meet Head Start guidelines. School districts may contract
with other governmental or nongovernmental nonsectarian
organizations to conduct a portion of the program. Funds
appropriated for the program shall be used to establish and
maintain new or expanded Oregon prekindergartens and shall not be
used to supplant federally supported Head Start programs. Oregon
prekindergartens also may accept gifts, grants and other funds
for the purposes of this section.
(3) Applicants shall identify how they will serve the target
population and provide all components as specified in the federal
Head Start performance standards and guidelines, including staff
qualifications and training, facilities and equipment,
transportation and fiscal management.
(4) Oregon prekindergartens shall coordinate with each other
and with federal Head Start programs to ensure efficient delivery
of services and prevent overlap. Oregon prekindergartens shall
also work with local organizations such as local education
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associations serving young children and make the maximum use of
local resources.
(5) Oregon prekindergartens shall { - : - }
{ - (a) Participate in the planning process under ORS 417.777
to develop a voluntary local early childhood system plan; and - }
{ - (b) - } coordinate services with other services
{ - that are coordinated through the plan - } { + provided
through the Oregon Early Learning System + }. The coordination of
services shall be consistent with federal and state law.
SECTION 88. ORS 329.195, as amended by section 18 of this 2012
Act, is amended to read:
329.195. (1)(a) The State Board of Education shall adopt rules
for the establishment of the Oregon prekindergarten program.
(b) Rules adopted under this section specifically shall
require:
(A) Performance standards and operating standards that are at a
level no less than the level required under the federal Head
Start program guidelines.
(B) Processes and procedures for recompetition that are
substantially similar to the processes and procedures required
under the { + rules and guidelines adopted under the + } federal
Head Start Act.
(c) Federal Head Start program guidelines shall be considered
as guidelines for the Oregon prekindergarten program.
(2) In developing rules for the Oregon prekindergarten program,
the board shall consult with the advisory committee established
under ORS 329.190 and shall consider such factors as coordination
with existing programs, the preparation necessary for
instructors, qualifications of instructors, training of staff,
adequate space and equipment and special transportation needs.
(3) The Department of Education shall review applications for
the Oregon prekindergarten program received and designate those
programs as eligible to commence operation by July 1 of each
year. When approving grant applications, to the extent
practicable, the board shall distribute funds regionally based on
percentages of unmet needs { - as identified in the voluntary
local early childhood system plans that are part of the local
coordinated comprehensive plans developed under ORS 417.775 - }
for the county or region.
SECTION 89. ORS 343.475 is amended to read:
343.475. (1) In accordance with rules adopted by the State
Board of Education, the Superintendent of Public Instruction
shall develop and administer a statewide, comprehensive,
coordinated, multidisciplinary, interagency program of early
childhood special education and early intervention services for
preschool children with disabilities and may:
(a) Establish and designate service areas throughout the state
for the delivery of early childhood special education and early
intervention services that shall meet state and federal
guidelines and be delivered to all eligible children.
(b) Designate in each service area a primary contractor that
shall be responsible for the administration and coordination of
early childhood special education and early intervention services
to all eligible preschool children and their families residing in
the service area.
(2) Early childhood special education and early intervention
services shall { - : - }
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{ - (a) Participate in the planning process under ORS 417.777
to develop a voluntary local early childhood system plan; and - }
{ - (b) - } coordinate services with other services
{ - that are coordinated through the plan - } { + provided
through the Oregon Early Learning System + }. The coordination of
services shall be consistent with federal and state law.
(3) Preschool children with disabilities shall be considered
residents of the service area where the children are currently
living, including children living in public or private
residential programs, hospitals and similar facilities.
(4) In addition to any other remedy or sanction that may be
available, the Superintendent of Public Instruction may withhold
funds and terminate the contract of any contractor that fails to
comply with any provisions of the contract.
SECTION 90. ORS 343.495 is amended to read:
343.495. (1) If no contractor is designated for a service area,
and no qualified county agency is available to manage the
necessary services or to subcontract the services, the Department
of Education may provide early childhood special education and
early intervention services in a local, county or service area.
(2) Contractors designated under this section shall { - : - }
{ - (a) Participate in the planning process under ORS 417.777
to develop a voluntary local early childhood system plan; and - }
{ - (b) - } coordinate services with other services
{ - that are coordinated through the plan - } { + provided
through the Oregon Early Learning System + }. The coordination of
services shall be consistent with federal and state law.
(3) Programs operated by the Department of Education must
comply with rules adopted by the State Board of Education for
early childhood special education and early intervention
contractors.
SECTION 90a. ORS 417.727, as amended by section 44a of this
2012 Act, is amended to read:
417.727. Based on the findings expressed in ORS 417.708, there
is created the Oregon Early Learning System. The goals of the
system are to:
(1) Prevent child abuse and neglect;
(2) Improve the health and development of young children;
(3) Promote bonding and attachment in the early years of a
child's life;
(4) Support parents in providing the optimum environment for
their young children;
(5) Link and integrate services and supports in the voluntary
statewide early learning system pursuant to ORS 417.728;
{ - (6) Link and integrate services and supports in the
voluntary local early childhood system pursuant to ORS
417.777; - }
{ - (7) - } { + (6) + } Ensure that children are entering
school ready to learn; and
{ - (8) - } { + (7) + } Ensure that parents have access to
affordable, quality child care.
SECTION 91. ORS 417.728, as amended by section 44b of this 2012
Act, is amended to read:
417.728. (1) The Early Learning Council shall lead a joint
effort with other state and local early childhood partners to
establish the policies necessary for a voluntary statewide early
learning system { - that shall be incorporated into the local
coordinated comprehensive plan - } .
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(2) The voluntary statewide early learning system shall be
designed to achieve:
(a) The appropriate outcomes identified by the Early Learning
Council with input from early childhood partners; and
(b) Any other early childhood benchmark or outcome that
demonstrates progress toward meeting a target and that is
identified by the Early Learning Council with input from early
childhood partners.
(3) The voluntary statewide early learning system shall include
the following components:
(a) A process to identify as early as possible children and
families who would benefit from early learning services;
(b) A plan to support the identified needs of the child and
family that coordinates case management personnel and the
delivery of services to the child and family; and
(c) Services to support children who are zero through six years
of age and their families who give their express written consent,
including:
(A) Screening, assessment and home visiting services pursuant
to ORS 417.795;
(B) Specialized or targeted home visiting services;
(C) Community-based services such as relief nurseries, family
support programs and parent education programs;
(D) Affordable, quality child care, as defined by the Early
Learning Council;
(E) Preschool and other early education services;
(F) Health services for children and pregnant women;
(G) Mental health services;
(H) Alcohol and drug treatment programs that meet the standards
promulgated by the Oregon Health Authority pursuant to ORS
430.357;
(I) Developmental disability services; and
(J) Other state and local services.
(4) In establishing the definition of affordable, quality child
care under subsection (3)(c)(D) of this section, the Early
Learning Council shall consult with child care providers and
early childhood educators. The definition established by the
council shall support parental choice of child care provider and
shall consider differences in settings and services, including
but not limited to child care for school-aged children, part-time
care, odd-hour and respite care and factors of cultural
appropriateness and competence.
(5) The Early Learning Council shall:
(a) Consolidate administrative functions relating to the
voluntary statewide early learning system, to the extent
practicable, including but not limited to training and technical
assistance, planning and budgeting. This paragraph does not apply
to the administrative functions of the Department of Education
relating to education programs.
(b) Adopt policies to establish training and technical
assistance programs to ensure that personnel have skills in
appropriate areas, including screening, family assessment,
competency-based home visiting skills, cultural and gender
differences and other areas as needed.
(c) Identify research-based age-appropriate and culturally and
gender appropriate screening and assessment tools that would be
used as appropriate in programs and services of the voluntary
statewide early learning system.
(d) Develop a plan for the implementation of a common data
system for voluntary early childhood programs.
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(e) Coordinate existing and new early childhood programs to
provide a range of community-based supports.
(f) Establish a common set of quality assurance standards to
guide local implementation of all elements of the voluntary
statewide early learning system, including voluntary universal
screening and assessment, home visiting, staffing, evaluation and
community-based services.
(g) Ensure that all plans for voluntary early childhood
services are coordinated and consistent with federal and state
law, including but not limited to plans for Oregon
prekindergarten programs, federal Head Start programs, early
childhood special education services, early intervention services
and public health services.
(h) Identify how the voluntary statewide early learning system
for children who are zero through six years of age will link with
systems of support for older children and their families.
(i) During January of each odd-numbered year, report to the
Governor and the Legislative Assembly on the voluntary statewide
early learning system.
(6) The State Board of Education, the Employment Department,
the Department of Human Services and the Oregon Health Authority
when adopting rules to administer voluntary early childhood
programs under their individual authority shall adopt rules:
(a) That are consistent with the requirements of the voluntary
statewide early learning system created under this section; and
(b) With the direction of the Early Learning Council.
(7) Information gathered in conjunction with the voluntary
comprehensive screening and assessment of children and their
families may be used only for the following purposes:
(a) Providing services to children and families who give their
express written consent;
(b) Providing statistical data that are not personally
identifiable;
(c) Accomplishing other purposes for which the family has given
express written consent; and
(d) Meeting the requirements of mandatory state and federal
disclosure laws.
SECTION 92. ORS 417.788, as amended by section 50 of this 2012
Act, is amended to read:
417.788. (1) The Early Learning Council shall support relief
nurseries statewide { - through both local commissions on
children and families and tribes - } as funding becomes
available. { - Local commissions and tribes may - } { + The
council may encourage communities to + } establish relief
nurseries for young children who are at risk and their families.
{ - Local commissions in - } Adjoining counties may choose to
establish regional relief nurseries. The relief nurseries shall:
(a) Be consistent with the voluntary early { - childhood - }
{ + learning + } system { - plan that is part of the local
coordinated comprehensive plan - } { + overseen by the Early
Learning Council + }; and
(b) Involve the parents of children served by the relief
nurseries.
(2) Programs at the relief nurseries shall include:
(a) Therapeutic early childhood education programs; and
(b) Parent education, training and support.
(3) Each relief nursery that receives state funding shall have
financial support from the community that is at least equal to 25
percent of any state allocation.
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SECTION 93. ORS 417.790, as amended by section 51 of this 2012
Act, is amended to read:
417.790. The Early Learning Council shall:
(1) Make grants { - to local commissions on children and
families - } to fund research-based services and initiatives to
improve outcomes for children, youth or families. The council
{ + and community-based coordinators of early learning
services + } shall assist counties in the implementation of
community services that are efficient, accountable, coordinated
and readily available.
{ - Grants for services and initiatives to support children,
youth or families shall be used at the local level according to
the county's local coordinated comprehensive plan. - } These
services shall be provided in accordance with ORS 417.715 and
417.720.
(2) Make Great Start grants { - to local commissions on
children and families - } to fund community-based programs for
children zero through six years of age. A county or region shall
use Great Start grant funds to provide research-based early
childhood programs in community settings and to provide services
that have proven to be successful and that meet the needs of the
community { - as described in the county's local coordinated
comprehensive plan - } . These services shall be provided in
accordance with ORS 417.728.
SECTION 94. ORS 417.793, as amended by section 52 of this 2012
Act, is amended to read:
417.793. The Early Learning Council shall support
parents-as-teachers programs statewide { - through local
commissions on children and families - } as funding becomes
available. If { - a local commission offers - } a program { +
is offered + }, the program shall be part of a comprehensive,
research-based approach to parent education and support. The
program shall be consistent with the voluntary early
{ - childhood - } { + learning + } system plan { - that is
part of the local coordinated comprehensive plan - } { +
overseen by the Early Learning Council + }.
SECTION 95. ORS 417.795, as amended by section 53 of this 2012
Act, is amended to read:
417.795. (1) The Early Learning Council shall establish Healthy
Start Family Support Services programs { - through contracts
entered into by local commissions on children and families - }
in all counties of this state as funding becomes available.
(2) These programs shall be nonstigmatizing, voluntary and
designed to achieve the appropriate early childhood benchmarks
and shall:
(a) Ensure that express written consent is obtained from the
family prior to any release of information that is protected by
federal or state law and before the family receives any services;
(b) Ensure that services are voluntary and that, if a family
chooses not to accept services or ends services, there are no
adverse consequences for those decisions;
(c) Offer a voluntary comprehensive screening and risk
assessment of all newly born children and their families;
(d) Ensure that the disclosure of information gathered in
conjunction with the voluntary comprehensive screening and risk
assessment of children and their families is limited pursuant to
ORS 417.728 (7) to the following purposes:
(A) Providing services under the programs to children and
families who give their express written consent;
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(B) Providing statistical data that are not personally
identifiable;
(C) Accomplishing other purposes for which the family has given
express written consent; and
(D) Meeting the requirements of mandatory state and federal
disclosure laws;
(e) Ensure that risk factors used in the risk assessment are
limited to those risk factors that have been shown by research to
be associated with poor outcomes for children and families;
(f) Identify, as early as possible, families that would benefit
most from the programs;
(g) Provide parenting education and support services, including
but not limited to community-based home visiting services and
primary health care services;
(h) Provide other supports, including but not limited to
referral to and linking of community and public services for
children and families such as mental health services, alcohol and
drug treatment programs that meet the standards promulgated by
the Oregon Health Authority under ORS 430.357, child care, food,
housing and transportation;
(i) Coordinate services for children consistent with { - the
voluntary local early childhood system plan developed pursuant to
ORS 417.777 - } { + other services provided through the Oregon
Early Learning System + };
(j) Provide follow-up services and supports from zero through
six years of age;
(k) Integrate data with any common data system for early
childhood programs;
(L) Be included in a statewide independent evaluation to
document:
(A) Level of screening and assessment;
(B) Incidence of child abuse and neglect;
(C) Change in parenting skills; and
(D) Rate of child development;
(m) Be included in a statewide training program in the dynamics
of the skills needed to provide early childhood services, such as
assessment and home visiting; and
(n) Meet { - voluntary statewide and local early childhood
system - } { + statewide + } quality assurance and quality
improvement standards.
(3) The Healthy Start Family Support Services programs, local
health departments and other providers of prenatal and perinatal
services in counties { - , as part of the voluntary local early
childhood system, - } shall:
(a) Identify existing services and describe and prioritize
additional services necessary for a voluntary home visit system;
(b) Build on existing programs;
(c) Maximize the use of volunteers and other community
resources that support all families;
(d) Target, at a minimum, all first birth families in the
county; and
(e) Ensure that home visiting services provided by local health
departments for children and pregnant women support and are
coordinated with local Healthy Start Family Support Services
programs.
(4) Through a Healthy Start Family Support Services program, a
trained family support worker or nurse shall be assigned to each
family assessed as at risk that consents to receive services
through the worker or nurse. The worker or nurse shall conduct
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home visits and assist the family in gaining access to needed
services.
(5) The services required by this section shall be provided by
hospitals, public or private entities or organizations, or any
combination thereof, capable of providing all or part of the
family risk assessment and the follow-up services. In granting a
contract, { - a local commission may utilize - } collaborative
contracting or requests for proposals { - and shall take into
consideration - } { + may be used and must include + } the most
effective and consistent service delivery system.
(6) The family risk assessment and follow-up services for
families at risk shall be provided by trained family support
workers or nurses organized in teams supervised by a manager and
including a family services coordinator who is available to
consult.
(7) Each Healthy Start Family Support Services program shall
adopt disciplinary procedures for family support workers, nurses
and other employees of the program. The procedures shall provide
appropriate disciplinary actions for family support workers,
nurses and other employees who violate federal or state law or
the policies of the program.
SECTION 95a. ORS 417.850, as amended by section 110 of this
2012 Act, is amended to read:
417.850. The Youth Development Council established by section
21 of this 2012 Act shall:
(1) Review the budget and allocation formula for appropriations
for the purpose of juvenile crime prevention;
(2) Review the components of { - the local coordinated
comprehensive plans for children and families created pursuant to
ORS 417.775 that address - } local high-risk juvenile crime
prevention plans developed under ORS 417.855 and make
recommendations to the Governor about the local plans;
(3) Ensure that high-risk juvenile crime prevention planning
criteria are met by state and local public and private entities;
(4) Recommend high-risk juvenile justice and juvenile crime
prevention policies to the Governor and the Legislative Assembly;
(5) Ensure initiation of contracts based on approved local
high-risk juvenile crime prevention plans and oversee contract
changes;
(6) Review data and outcome information;
(7) Establish and publish review and assessment criteria for
the local high-risk juvenile crime prevention plans. The criteria
shall include, but not be limited to, measuring changes in
juvenile crime and juvenile recidivism;
(8) Review and coordinate county youth diversion plans and
basic services grants with the local high-risk juvenile crime
prevention plans. Basic services grants may be used for detention
and other juvenile department services including:
(a) Shelter care;
(b) Treatment services;
(c) Graduated sanctions; and
(d) Aftercare for youth offenders;
(9) Work to ensure broad-based citizen involvement in the
planning and execution of high-risk juvenile crime prevention
plans at both the state and local levels;
(10) Develop a funding policy that provides incentives for
flexible programming and promotes strategies that stress
reinvestment in youth;
(11) Periodically report to the Governor and the Legislative
Assembly on the progress of the council;
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(12) Oversee and approve funding and policy recommendations of
the state advisory group as required by the federal Juvenile
Justice and Delinquency Prevention Act of 1974, 42 U.S.C. 5601 et
seq.; and
(13) Work with tribal governments to develop tribal high-risk
juvenile crime prevention plans.
SECTION 96. ORS 417.855, as amended by sections 55 and 110a of
this 2012 Act, is amended to read:
417.855. (1) Each board of county commissioners shall designate
an agency or organization to serve as the lead planning
organization to facilitate the creation of a partnership among
state and local public and private entities in each county. The
partnership shall include, but is not limited to, { - local
commissions on children and families, - } education
representatives, public health representatives, local alcohol and
drug planning committees, representatives of the court system,
local mental health planning committees, city or municipal
representatives and local public safety coordinating councils.
The partnership shall develop a local high-risk juvenile crime
prevention plan { - that shall be incorporated into the local
coordinated comprehensive plans created pursuant to ORS
417.775 - } .
(2) The local high-risk juvenile crime prevention plans shall
use services and activities to meet the needs of a targeted
population of youths who:
(a) Have more than one of the following risk factors:
(A) Antisocial behavior;
(B) Poor family functioning or poor family support;
(C) Failure in school;
(D) Substance abuse problems; or
(E) Negative peer association; and
(b) Are clearly demonstrating at-risk behaviors that have come
to the attention of government or community agencies, schools or
law enforcement and will lead to imminent or increased
involvement in the juvenile justice system.
(3)(a) The Youth Development Council shall allocate funds
available to support the local high-risk juvenile crime
prevention plans to counties based on the youth population age 18
or younger in those counties.
(b) The Youth Development Council shall award a minimum grant
to small counties. The minimum grant level shall be determined by
the council through a public process and reviewed by the council
biennially.
SECTION 97. ORS 417.857, as amended by sections 56 and 110b of
this 2012 Act, is amended to read:
417.857. (1) Deschutes County may place greater emphasis on
early intervention and work with younger children than required
by the Youth Development Council if the county has been granted a
waiver pursuant to this section.
(2) The Youth Development Council shall develop an objective
process, review criteria and timetable for consideration of a
waiver request. A waiver granted under this section applies to
the requirements for basic services grants described in ORS
417.850 (8) and high-risk juvenile crime prevention resources
managed by the Youth Development Council. The waiver shall be
consistent with the goals of ORS 417.705 to 417.800, 417.850 and
417.855.
(3) Any documentation required for a waiver under this section
shall be obtained to the greatest extent possible from material
contained in the county's juvenile crime prevention plan and from
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material as determined through biennial intergovernmental
agreements. The Youth Development Council may ask the county to
submit additional information regarding how the county intends to
use crime prevention funds under the waiver.
(4) The Youth Development Council shall grant a waiver or
continue a waiver based on criteria that include:
(a) The rate of Oregon Youth Authority discretionary bed usage
compared to other counties;
(b) The county's rates of first-time juvenile offenders,
chronic juvenile offenders and juvenile recidivism compared to
other counties;
(c) The amount and allocation of expenditures from all funding
sources for juvenile crime prevention, including prevention and
early intervention strategies, and how the requested waiver
addresses the needs and priorities for the target population
described in ORS 417.855 and for the target population described
in the waiver;
(d) Inclusion of prevention or early intervention strategies in
the juvenile crime prevention plan;
(e) Investments in evidence-based crime prevention programs and
practices;
(f) Support of the local public safety coordinating council
{ - , local commission on children and families - } and the
board of county commissioners;
(g) Local integration practices including citizens, victims,
courts, law enforcement, business and schools;
(h) Identification of the risk factors for the target
population described in the waiver; and
(i) Changes in the risk factors for the target population
described in the waiver.
(5) The Youth Development Council shall review and act on any
request for a waiver within 90 days after receipt of the request.
(6) The duration of a waiver granted under this section is four
years. Before the expiration of a waiver granted under this
section, the county may submit a request for another waiver.
SECTION 98. ORS 420.017 is amended to read:
420.017. (1) The Oregon Youth Authority shall develop annually
a plan for diversion of delinquent youth from commitment to the
youth correction facilities to alternative community services.
(2) { - In consultation with the local commissions on
children and families established under ORS 417.760, - } The
juvenile departments shall develop a plan for services needed to
divert the commitment of youth from the youth correction
facilities, and how these services are to be administered if
funds are provided.
{ - Following review and comment by local commissions, - } The
plan must be approved in the form of a resolution by the
governing body of the appropriate county and of a letter of
concurrence from the presiding judge for the judicial district in
which the juvenile court is located.
(3) The youth authority shall develop and implement a statewide
diversion plan after taking the local juvenile departments' plans
into consideration and after consulting with affected service
providers.
SECTION 99. ORS 423.565 is amended to read:
423.565. In addition to the duties assigned to it under ORS
423.560, the local public safety coordinating council convened by
the board of commissioners shall, at a minimum:
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(1) Develop and recommend to the county board of commissioners
the plan for use of state resources to serve the local youth
offender population.
(2) Coordinate local juvenile justice policy among affected
juvenile justice entities.
(3) { - In consultation with the local commission on children
and families, - } Develop and recommend to the county board of
commissioners a plan designed to prevent criminal involvement by
youth. The plan must provide for coordination of community-wide
services involving treatment, education, employment and
intervention strategies aimed at crime prevention.
(4) Create a facility advisory subcommittee when provided with
the information described in ORS 169.690. The subcommittee shall
be composed of the following persons:
(a) The affected law enforcement officer described in ORS
423.560 (1)(a) or (b);
(b) A district attorney;
(c) A mental health director;
(d) A designee of the city council or county board of
commissioners, whichever is affected;
(e) A representative of an organization that advocates on
behalf of persons with mental illness; and
(f) A consumer as defined in ORS 430.073.
(5) If a written plan of action has been provided to the
council under ORS 165.127, annually review the plan and, if
appropriate, make written recommendations to the affected
district attorney for plan improvements.
SECTION 100. ORS 430.420 is amended to read:
430.420. (1) In collaboration with local seizing agencies, the
district attorney, the local public safety coordinating council
and the local mental health advisory committee, a local planning
committee appointed or designated pursuant to ORS 430.342 shall
develop a plan to integrate drug treatment services, meeting
minimum standards established pursuant to ORS 430.357, into the
criminal justice system for offenders who commit nonviolent
felony drug possession offenses. The plan may also include
property offenders as provided for under ORS 475.245. { - The
plan developed under this subsection must be incorporated into
the local coordinated comprehensive plan required by ORS
417.775. - }
(2)(a) A plan may include, but need not be limited to, programs
that occur before adjudication, after adjudication as part of a
sentence of probation or as part of a conditional discharge.
(b) A plan must include, but need not be limited to:
(A) A description of local criminal justice and treatment
coordination efforts;
(B) A description of the method by which local, state and
federal treatment resources are prioritized and allocated to meet
the needs of the drug abusing offender population;
(C) The principles that guide criminal justice strategies for
supervision and treatment of drug abusing offenders and the
purchase of treatment services from local community providers;
(D) The desired outcomes for criminal justice strategies for
supervision and treatment of drug abusing offenders and the
provision of treatment services and identification of a method
for monitoring and reporting the outcomes; and
(E) Consistent standards for measuring the success of criminal
justice strategies for supervision and treatment of drug abusing
offenders and the provision of treatment.
(3) A program must include, but need not be limited to:
Enrolled House Bill 4165 (HB 4165-B) Page 76
(a) Ongoing oversight of the participant;
(b) Frequent monitoring to determine whether a participant is
using controlled substances unlawfully; and
(c) A coordinated strategy governing responses to a
participant's compliance or noncompliance with the program.
(4) The local planning committee shall submit the plan to the
Oregon Health Authority and shall provide the county board of
commissioners with a copy of the plan.
SECTION 101. ORS 430.630 is amended to read:
430.630. (1) In addition to any other requirements that may be
established by rule by the Oregon Health Authority, each
community mental health program, subject to the availability of
funds, shall provide the following basic services to persons with
alcoholism or drug dependence, and persons who are alcohol or
drug abusers:
(a) Outpatient services;
(b) Aftercare for persons released from hospitals;
(c) Training, case and program consultation and education for
community agencies, related professions and the public;
(d) Guidance and assistance to other human service agencies for
joint development of prevention programs and activities to reduce
factors causing alcohol abuse, alcoholism, drug abuse and drug
dependence; and
(e) Age-appropriate treatment options for older adults.
(2) As alternatives to state hospitalization, it is the
responsibility of the community mental health program to ensure
that, subject to the availability of funds, the following
services for persons with alcoholism or drug dependence, and
persons who are alcohol or drug abusers, are available when
needed and approved by the Oregon Health Authority:
(a) Emergency services on a 24-hour basis, such as telephone
consultation, crisis intervention and prehospital screening
examination;
(b) Care and treatment for a portion of the day or night, which
may include day treatment centers, work activity centers and
after-school programs;
(c) Residential care and treatment in facilities such as
halfway houses, detoxification centers and other community living
facilities;
(d) Continuity of care, such as that provided by service
coordinators, community case development specialists and core
staff of federally assisted community mental health centers;
(e) Inpatient treatment in community hospitals; and
(f) Other alternative services to state hospitalization as
defined by the Oregon Health Authority.
(3) In addition to any other requirements that may be
established by rule of the Oregon Health Authority, each
community mental health program, subject to the availability of
funds, shall provide or ensure the provision of the following
services to persons with mental or emotional disturbances:
(a) Screening and evaluation to determine the client's service
needs;
(b) Crisis stabilization to meet the needs of persons with
acute mental or emotional disturbances, including the costs of
investigations and prehearing detention in community hospitals or
other facilities approved by the authority for persons involved
in involuntary commitment procedures;
(c) Vocational and social services that are appropriate for the
client's age, designed to improve the client's vocational,
social, educational and recreational functioning;
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(d) Continuity of care to link the client to housing and
appropriate and available health and social service needs;
(e) Psychiatric care in state and community hospitals, subject
to the provisions of subsection (4) of this section;
(f) Residential services;
(g) Medication monitoring;
(h) Individual, family and group counseling and therapy;
(i) Public education and information;
(j) Prevention of mental or emotional disturbances and
promotion of mental health;
(k) Consultation with other community agencies;
(L) Preventive mental health services for children and
adolescents, including primary prevention efforts, early
identification and early intervention services. Preventive
services should be patterned after service models that have
demonstrated effectiveness in reducing the incidence of
emotional, behavioral and cognitive disorders in children. As
used in this paragraph:
(A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(B) 'Early intervention services' for children at risk of later
development of emotional disturbances means programs and
activities for children and their families that promote
conditions, opportunities and experiences that encourage and
develop emotional stability, self-sufficiency and increased
personal competence; and
(C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop; and
(m) Preventive mental health services for older adults,
including primary prevention efforts, early identification and
early intervention services. Preventive services should be
patterned after service models that have demonstrated
effectiveness in reducing the incidence of emotional and
behavioral disorders and suicide attempts in older adults. As
used in this paragraph:
(A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(B) 'Early intervention services' for older adults at risk of
development of emotional disturbances means programs and
activities for older adults and their families that promote
conditions, opportunities and experiences that encourage and
maintain emotional stability, self-sufficiency and increased
personal competence and that deter suicide; and
(C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop.
(4) A community mental health program shall assume
responsibility for psychiatric care in state and community
hospitals, as provided in subsection (3)(e) of this section, in
the following circumstances:
(a) The person receiving care is a resident of the county
served by the program. For purposes of this paragraph, '
resident' means the resident of a county in which the person
maintains a current mailing address or, if the person does not
maintain a current mailing address within the state, the county
in which the person is found, or the county in which a
court-committed person with a mental illness has been
conditionally released.
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(b) The person has been hospitalized involuntarily or
voluntarily, pursuant to ORS 426.130 or 426.220, except for
persons confined to the Secure Child and Adolescent Treatment
Unit at Oregon State Hospital, or has been hospitalized as the
result of a revocation of conditional release.
(c) Payment is made for the first 60 consecutive days of
hospitalization.
(d) The hospital has collected all available patient payments
and third-party reimbursements.
(e) In the case of a community hospital, the authority has
approved the hospital for the care of persons with mental or
emotional disturbances, the community mental health program has a
contract with the hospital for the psychiatric care of residents
and a representative of the program approves voluntary or
involuntary admissions to the hospital prior to admission.
(5) Subject to the review and approval of the Oregon Health
Authority, a mental health program may initiate additional
services after the services defined in this section are provided.
(6) Each community mental health program and the state hospital
serving the program's geographic area shall enter into a written
agreement concerning the policies and procedures to be followed
by the program and the hospital when a patient is admitted to,
and discharged from, the hospital and during the period of
hospitalization.
(7) Each community mental health program shall have a mental
health advisory committee, appointed by the board of county
commissioners or the county court or, if two or more counties
have combined to provide mental health services, the boards or
courts of the participating counties or, in the case of a Native
American reservation, the tribal council.
(8) A community mental health program may request and the
authority may grant a waiver regarding provision of one or more
of the services described in subsection (3) of this section upon
a showing by the county and a determination by the authority that
persons with mental or emotional disturbances in that county
would be better served and unnecessary institutionalization
avoided.
(9)(a) As used in this subsection, 'local mental health
authority' means one of the following entities:
(A) The board of county commissioners of one or more counties
that establishes or operates a community mental health program;
(B) The tribal council, in the case of a federally recognized
tribe of Native Americans that elects to enter into an agreement
to provide mental health services; or
(C) A regional local mental health authority comprising two or
more boards of county commissioners.
(b) Each local mental health authority that provides mental
health services shall determine the need for local mental health
services and adopt a comprehensive local plan for the delivery of
mental health services for children, families, adults and older
adults that describes the methods by which the local mental
health authority shall provide those services. The local mental
health authority shall review and revise the local plan
biennially. The purpose of the local plan is to create a
blueprint to provide mental health services that are directed by
and responsive to the mental health needs of individuals in the
community served by the local plan.
(c) The local plan shall identify ways to:
(A) Coordinate and ensure accountability for all levels of care
described in paragraph (e) of this subsection;
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(B) Maximize resources for consumers and minimize
administrative expenses;
(C) Provide supported employment and other vocational
opportunities for consumers;
(D) Determine the most appropriate service provider among a
range of qualified providers;
(E) Ensure that appropriate mental health referrals are made;
(F) Address local housing needs for persons with mental health
disorders;
(G) Develop a process for discharge from state and local
psychiatric hospitals and transition planning between levels of
care or components of the system of care;
(H) Provide peer support services, including but not limited to
drop-in centers and paid peer support;
(I) Provide transportation supports; and
(J) Coordinate services among the criminal and juvenile justice
systems, adult and juvenile corrections systems and local mental
health programs to ensure that persons with mental illness who
come into contact with the justice and corrections systems
receive needed care and to ensure continuity of services for
adults and juveniles leaving the corrections system.
(d) When developing a local plan, a local mental health
authority shall:
(A) Coordinate with the budgetary cycles of state and local
governments that provide the local mental health authority with
funding for mental health services;
(B) Involve consumers, advocates, families, service providers,
schools and other interested parties in the planning process;
(C) Coordinate with the local public safety coordinating
council to address the services described in paragraph (c)(J) of
this subsection;
(D) Conduct a population based needs assessment to determine
the types of services needed locally;
(E) Determine the ethnic, age-specific, cultural and diversity
needs of the population served by the local plan;
(F) Describe the anticipated outcomes of services and the
actions to be achieved in the local plan;
(G) Ensure that the local plan coordinates planning, funding
and services with:
(i) The educational needs of children, adults and older adults;
(ii) Providers of social supports, including but not limited to
housing, employment, transportation and education; and
(iii) Providers of physical health and medical services;
(H) Describe how funds, other than state resources, may be used
to support and implement the local plan;
(I) Demonstrate ways to integrate local services and
administrative functions in order to support integrated service
delivery in the local plan; and
(J) Involve the local mental health advisory committees
described in subsection (7) of this section.
(e) The local plan must describe how the local mental health
authority will ensure the delivery of and be accountable for
clinically appropriate services in a continuum of care based on
consumer needs. The local plan shall include, but not be limited
to, services providing the following levels of care:
(A) Twenty-four-hour crisis services;
(B) Secure and nonsecure extended psychiatric care;
(C) Secure and nonsecure acute psychiatric care;
(D) Twenty-four-hour supervised structured treatment;
(E) Psychiatric day treatment;
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(F) Treatments that maximize client independence;
(G) Family and peer support and self-help services;
(H) Support services;
(I) Prevention and early intervention services;
(J) Transition assistance between levels of care;
(K) Dual diagnosis services;
(L) Access to placement in state-funded psychiatric hospital
beds;
(M) Precommitment and civil commitment in accordance with ORS
chapter 426; and
(N) Outreach to older adults at locations appropriate for
making contact with older adults, including senior centers, long
term care facilities and personal residences.
(f) In developing the part of the local plan referred to in
paragraph (c)(J) of this subsection, the local mental health
authority shall collaborate with the local public safety
coordinating council to address the following:
(A) Training for all law enforcement officers on ways to
recognize and interact with persons with mental illness, for the
purpose of diverting them from the criminal and juvenile justice
systems;
(B) Developing voluntary locked facilities for crisis treatment
and follow-up as an alternative to custodial arrests;
(C) Developing a plan for sharing a daily jail and juvenile
detention center custody roster and the identity of persons of
concern and offering mental health services to those in custody;
(D) Developing a voluntary diversion program to provide an
alternative for persons with mental illness in the criminal and
juvenile justice systems; and
(E) Developing mental health services, including housing, for
persons with mental illness prior to and upon release from
custody.
(g) Services described in the local plan shall:
(A) Address the vision, values and guiding principles described
in the Report to the Governor from the Mental Health Alignment
Workgroup, January 2001;
(B) Be provided to children, older adults and families as close
to their homes as possible;
(C) Be culturally appropriate and competent;
(D) Be, for children, older adults and adults with mental
health needs, from providers appropriate to deliver those
services;
(E) Be delivered in an integrated service delivery system with
integrated service sites or processes, and with the use of
integrated service teams;
(F) Ensure consumer choice among a range of qualified providers
in the community;
(G) Be distributed geographically;
(H) Involve consumers, families, clinicians, children and
schools in treatment as appropriate;
(I) Maximize early identification and early intervention;
(J) Ensure appropriate transition planning between providers
and service delivery systems, with an emphasis on transition
between children and adult mental health services;
(K) Be based on the ability of a client to pay;
(L) Be delivered collaboratively;
(M) Use age-appropriate, research-based quality indicators;
(N) Use best-practice innovations; and
(O) Be delivered using a community-based, multisystem approach.
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(h) A local mental health authority shall submit to the Oregon
Health Authority a copy of the local plan and biennial revisions
adopted under paragraph (b) of this subsection at time intervals
established by the authority.
{ - (i) Each local commission on children and families shall
reference the local plan for the delivery of mental health
services in the local coordinated comprehensive plan created
pursuant to ORS 417.775. - }
SECTION 102. ORS 431.385 is amended to read:
431.385. (1) The local public health authority shall submit an
annual plan to the Oregon Health Authority for performing
services pursuant to ORS 431.375 to 431.385 and 431.416. The
annual plan shall be submitted on a date established by the
Oregon Health Authority by rule or on a date mutually agreeable
to the authority and the local public health authority.
(2) If the local public health authority decides not to submit
an annual plan under the provisions of ORS 431.375 to 431.385 and
431.416, the authority shall become the local public health
authority for that county or health district.
(3) The authority shall review and approve or disapprove each
plan. Variances to the local public health plan must be approved
by the authority. In consultation with the Conference of Local
Health Officials, the authority shall establish the elements of a
plan and an appeals process whereby a local health authority may
obtain a hearing if its plan is disapproved.
{ - (4) Each local commission on children and families shall
reference the local public health plan in the local coordinated
comprehensive plan created pursuant to ORS 417.775. - }
SECTION 103. { + ORS 417.747, 417.760, 417.765, 417.770,
417.775, 417.777, 417.780, 417.785, 417.787, 417.797, 417.830,
417.833, 417.836, 417.839 and 417.842 are repealed. + }
SECTION 104. { + The amendments to statutes by sections 83 to
102 of this 2012 Act and the repeal of statutes by section 103 of
this 2012 Act become operative on January 1, 2014. + }
{ +
ABOLISHMENT OF + }
{ +
JUVENILE CRIME PREVENTION ADVISORY COMMITTEE + }
SECTION 105. { + (1) The Juvenile Crime Prevention Advisory
Committee is abolished. On the operative date of this section,
the tenure of office of the members of the Juvenile Crime
Prevention Advisory Committee ceases.
(2) All the duties, functions and powers of the Juvenile Crime
Prevention Advisory Committee are imposed upon, transferred to
and vested in the Youth Development Council established by
section 21 of this 2012 Act. + }
SECTION 106. { + (1) The chairperson of the Juvenile Crime
Prevention Advisory Committee shall deliver to the chairperson of
the Youth Development Council all records and property within the
jurisdiction of the chairperson that relate to the duties,
functions and powers transferred by section 105 of this 2012 Act.
(2) The chairperson of the Youth Development Council shall take
possession of the records and property transferred by the
provisions of this section.
(3) The Governor shall resolve any dispute between the Juvenile
Crime Prevention Advisory Committee and the Youth Development
Council relating to transfers of records and property under this
section and the Governor's decision is final. + }
Enrolled House Bill 4165 (HB 4165-B) Page 82
SECTION 107. { + (1) Section 105 of this 2012 Act and the
repeal of ORS 417.845 by section 111 of this 2012 Act are
intended to change the name of the 'Juvenile Crime Prevention
Advisory Committee' to the 'Youth Development Council. '
(2) For the purpose of harmonizing and clarifying statutory
law, the Legislative Counsel may substitute for words designating
the 'Juvenile Crime Prevention Advisory Committee' or its
officers, wherever they occur in statutory law, words designating
the 'Youth Development Council' or its officers. + }
SECTION 108. ORS 169.090 is amended to read:
169.090. (1) The Director of the Department of Corrections
shall publish and distribute a manual of recommended guidelines
for the operation of local correctional facilities and lockups as
developed by a jail standards committee appointed by the
director. This manual shall be revised when appropriate with
consultation and advice of the Oregon State Sheriffs'
Association, the Oregon Association Chiefs of Police, Association
of Oregon Counties, the League of Oregon Cities and other
appropriate groups and agencies and will be redistributed upon
the approval of the Governor.
(2) The { - Juvenile Crime Prevention Advisory Committee - }
{ + Youth Development Council established by section 21 of this
2012 Act + } and the Department of Corrections shall develop
guidelines pertaining to the operation of juvenile detention
facilities, as defined in ORS 169.005. Guidelines shall be
revised by the { - Juvenile Crime Prevention Advisory
Committee - } { + Youth Development Council + } and the
Department of Corrections, whenever appropriate. The guidelines
shall be included in the manual published and distributed under
subsection (1) of this section. However, the { - Juvenile Crime
Prevention Advisory Committee - } { + Youth Development
Council + } may choose to publish and distribute the guidelines
independently.
SECTION 108a. ORS 417.775, as amended by section 46 of this
2012 Act, 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 Early Learning Council, the local commission on children
and families shall promote wellness for children of all ages and
their families in the county or region, if the families have
given their express written consent, mobilize communities and
develop policy and oversee the implementation of a local
coordinated comprehensive plan described in this section. A local
commission shall:
(a) Inform and involve citizens;
(b) Identify and map the range of resources in the community;
(c) Plan, advocate and fund research-based 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.
Enrolled House Bill 4165 (HB 4165-B) Page 83
(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 Early Learning Council. The local plan shall be
based on identifying the most effective service delivery system
allowing for the continuation of current public and private
programs where appropriate. The local plan shall address needs,
strengths and assets of all children, their families and
communities, including those children and their families at
highest risk.
(6) Subject to the availability of funds:
(a) The local coordinated comprehensive plan shall include:
(A) Identification of ways to connect all state and local
planning processes related to services for children and their
families into the local coordinated comprehensive plan to create
positive outcomes for children and their families; and
(B) Provisions for a continuum of social supports at the
community level for children from the prenatal stage through 18
years of age, and their families, that takes into account areas
of need, service overlap, asset building and community strengths
as outlined in ORS 417.305 (2).
(b) The local coordinated comprehensive plan shall reference:
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(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.
(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 Early Learning Council may disapprove the part of the
local coordinated comprehensive plan relating to the planning
process required by this section and the voluntary local early
childhood system plan.
Enrolled House Bill 4165 (HB 4165-B) Page 85
(11)(a) The Early Learning Council 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 or that the local plan fails
to conform with the planning process requirements of this
section. The staff of the Early Learning Council shall assist the
local commission in remedying the deficiencies in the planning
process or the voluntary local early childhood system plan. The
Early Learning Council shall set a date by which any deficient
portions of the planning process or the voluntary local early
childhood system plan must be revised and resubmitted to the
Early Learning Council by the local commission.
(b) The Early Learning Council does not have approval authority
over the following service plans referenced in the local
coordinated comprehensive plan:
(A) The local alcohol and other drug prevention and treatment
plans developed pursuant to 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 Early Learning Council, the Department of Human
Services and the { - Juvenile Crime Prevention Advisory
Committee - } { + Youth Development Council + } 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
Early Learning Council, it may ask the Early Learning Council to
waive specific requirements in its list of children's support
areas. The process for granting waivers shall be developed by the
Early Learning Council prior to the start of the review and
approval process for the local coordinated comprehensive plan 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 Early Learning Council.
Enrolled House Bill 4165 (HB 4165-B) Page 86
(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 109. ORS 417.799 is amended to read:
417.799. (1) The Department of Human Services is responsible
for coordinating statewide planning for delivery of services to
runaway and homeless youth and their families.
(2) The department shall recommend policies that integrate a
system of services and support for runaway and homeless youth
into the state's continuum of care for children who are 0 through
18 years of age.
(3) The department may work with the { - Juvenile Crime
Prevention Advisory Committee - } { + Youth Development
Council + }, the Employment Department, the Housing and Community
Services Department, the Department of Community Colleges and
Workforce Development, the Department of Education and the Oregon
Youth Authority to develop a comprehensive and coordinated
approach for services and support for runaway and homeless youth
and their families.
(4) In addition to the { - state agencies - } { +
entities + } listed in subsection (3) of this section, the
department shall include representatives of youth, nonprofit
organizations and statewide coalitions related to runaway and
homeless youth services and supports in the joint process
described in subsection (3) of this section.
(5) The department may enter into and renew contracts with
providers for the provision of services to runaway and homeless
youth and their families.
SECTION 110. ORS 417.850 is amended to read:
417.850. The { - Juvenile Crime Prevention Advisory
Committee - } { + Youth Development Council established by
section 21 of this 2012 Act + } shall:
(1) Review the budget and allocation formula for appropriations
for the purpose of juvenile crime prevention;
(2) Review the components of the local coordinated
comprehensive plans for children and families created pursuant to
ORS 417.775 that address local high-risk juvenile crime
prevention plans developed under ORS 417.855 and make
recommendations to the Governor about the local plans;
(3) Ensure that high-risk juvenile crime prevention planning
criteria are met by state and local public and private entities;
(4) Recommend high-risk juvenile justice and juvenile crime
prevention policies to the Governor and the Legislative Assembly;
(5) Ensure initiation of contracts based on approved local
high-risk juvenile crime prevention plans and oversee contract
changes;
(6) Review data and outcome information;
(7) Establish and publish review and assessment criteria for
the local high-risk juvenile crime prevention plans. The criteria
Enrolled House Bill 4165 (HB 4165-B) Page 87
shall include, but not be limited to, measuring changes in
juvenile crime and juvenile recidivism;
(8) Review and coordinate county youth diversion plans and
basic services grants with the local high-risk juvenile crime
prevention plans. Basic services grants may be used for detention
and other juvenile department services including:
(a) Shelter care;
(b) Treatment services;
(c) Graduated sanctions; and
(d) Aftercare for youth offenders;
(9) Work to ensure broad-based citizen involvement in the
planning and execution of high-risk juvenile crime prevention
plans at both the state and local levels;
(10) Develop a funding policy that provides incentives for
flexible programming and promotes strategies that stress
reinvestment in youth;
(11) Periodically report to the Governor and the Legislative
Assembly on the progress of the { - committee - } { +
council + };
(12) Oversee and approve funding and policy recommendations of
the state advisory group as required by the federal Juvenile
Justice and Delinquency Prevention Act of 1974, 42 U.S.C. 5601 et
seq.; and
(13) Work with tribal governments to develop tribal high-risk
juvenile crime prevention plans.
SECTION 110a. ORS 417.855, as amended by section 55 of this
2012 Act, is amended to read:
417.855. (1) Each board of county commissioners shall designate
an agency or organization to serve as the lead planning
organization to facilitate the creation of a partnership among
state and local public and private entities in each county. The
partnership shall include, but is not limited to, local
commissions on children and families, education representatives,
public health representatives, local alcohol and drug planning
committees, representatives of the court system, local mental
health planning committees, city or municipal representatives and
local public safety coordinating councils. The partnership shall
develop a local high-risk juvenile crime prevention plan that
shall be incorporated into the local coordinated comprehensive
plans created pursuant to ORS 417.775.
(2) The local high-risk juvenile crime prevention plans shall
use services and activities to meet the needs of a targeted
population of youths who:
(a) Have more than one of the following risk factors:
(A) Antisocial behavior;
(B) Poor family functioning or poor family support;
(C) Failure in school;
(D) Substance abuse problems; or
(E) Negative peer association; and
(b) Are clearly demonstrating at-risk behaviors that have come
to the attention of government or community agencies, schools or
law enforcement and will lead to imminent or increased
involvement in the juvenile justice system.
(3)(a) The Youth Development Council shall allocate funds
available to support the local high-risk juvenile crime
prevention plans to counties based on the youth population age 18
or younger in those counties.
(b) The Youth Development Council shall award a minimum grant
to small counties. The minimum grant level shall be determined by
the { - Juvenile Crime Prevention Advisory Committee - }
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{ + council + } through a public process and reviewed by the
{ - committee - } { + council + } biennially.
SECTION 110b. ORS 417.857, as amended by section 56 of this
2012 Act, is amended to read:
417.857. (1) Deschutes County may place greater emphasis on
early intervention and work with younger children than required
by the { - Juvenile Crime Prevention Advisory Committee - }
{ + Youth Development Council + } if the county has been granted
a waiver pursuant to this section.
(2) The { - Juvenile Crime Prevention Advisory Committee - }
{ + Youth Development Council + } shall develop an objective
process, review criteria and timetable for consideration of a
waiver request. A waiver granted under this section applies to
the requirements for basic services grants described in ORS
417.850 (8) and high-risk juvenile crime prevention resources
managed by the Youth Development Council. The waiver shall be
consistent with the goals of ORS 417.705 to 417.800, 417.850 and
417.855.
(3) Any documentation required for a waiver under this section
shall be obtained to the greatest extent possible from material
contained in the county's juvenile crime prevention plan and from
material as determined through biennial intergovernmental
agreements. The { - Juvenile Crime Prevention Advisory
Committee - } { + Youth Development Council + } may ask the
county to submit additional information regarding how the county
intends to use crime prevention funds under the waiver.
(4) The { - Juvenile Crime Prevention Advisory Committee - }
{ + Youth Development Council + } shall grant a waiver or
continue a waiver based on criteria that include:
(a) The rate of Oregon Youth Authority discretionary bed usage
compared to other counties;
(b) The county's rates of first-time juvenile offenders,
chronic juvenile offenders and juvenile recidivism compared to
other counties;
(c) The amount and allocation of expenditures from all funding
sources for juvenile crime prevention, including prevention and
early intervention strategies, and how the requested waiver
addresses the needs and priorities for the target population
described in ORS 417.855 and for the target population described
in the waiver;
(d) Inclusion of prevention or early intervention strategies in
the juvenile crime prevention plan;
(e) Investments in evidence-based crime prevention programs and
practices;
(f) Support of the local public safety coordinating council,
local commission on children and families and the board of county
commissioners;
(g) Local integration practices including citizens, victims,
courts, law enforcement, business and schools;
(h) Identification of the risk factors for the target
population described in the waiver; and
(i) Changes in the risk factors for the target population
described in the waiver.
(5) The { - committee - } { + + } { + Youth Development
Council + } shall review and act on any request for a waiver
within 90 days after receipt of the request.
(6) The duration of a waiver granted under this section is four
years. Before the expiration of a waiver granted under this
section, the county may submit a request for another waiver.
SECTION 111. { + ORS 417.845 is repealed. + }
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SECTION 112. { + (1) Sections 105 to 107 of this 2012 Act, the
amendments to statutes by sections 108 to 110b of this 2012 Act
and the repeal of ORS 417.845 by section 111 of this 2012 Act
become operative on July 1, 2013.
(2) The chairperson of the Youth Development Council may take
any action before the operative date specified in subsection (1)
of this section that is necessary to enable to the chairperson to
exercise, on and after the operative date specified in subsection
(1) of this section, the duties, functions and powers of the
chairperson under the provisions of section 105 of this 2012
Act. + }
{ +
ABOLISHMENT OF COMMISSION FOR CHILD CARE + }
SECTION 113. { + (1) The Commission for Child Care is
abolished. On the operative date of this section, all duties,
functions and powers of the Commission for Child Care are imposed
upon, transferred to and vested in the Early Learning Council
established in section 4, chapter 519, Oregon Laws 2011.
(2) The chairperson of the Commission for Child Care shall
deliver to the Early Learning System Director all records and
property within the jurisdiction of the chairperson that relate
to the duties, functions and powers transferred by this section.
(3) The Early Learning System Director shall take possession of
the records and property transferred by the provisions of this
section.
(4) The Governor shall resolve any dispute between the
Commission for Child Care and the Early Learning Council relating
to transfers of records and property under this section and the
Governor's decision is final. + }
SECTION 114. { + The Commission for Child Care Account is
abolished. Any moneys remaining in the account on June 30, 2012,
that are unexpended, unobligated and not subject to any
conditions shall be transferred to the Early Learning Council
Fund established by section 10 of this 2012 Act. + }
SECTION 115. { + (1) The unexpended balances of amounts
authorized to be expended by the Commission for Child Care 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 113 of this
2012 Act are transferred to and are available for expenditure by
the Early Learning Council for the biennium beginning July 1,
2011, for the purpose of administering and enforcing the duties,
functions and powers transferred by section 113 of this 2012 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the Commission for
Child Care remain applicable to expenditures by the Early
Learning Council under this section. + }
SECTION 116. { + The transfer of duties, functions and powers
to the Early Learning Council by section 113 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 Early
Learning Council is substituted for the Commission for Child Care
in the action, proceeding or prosecution. + }
SECTION 117. ORS 657A.010 is amended to read:
657A.010. (1) There is established within the Employment
Department a Child Care Division.
Enrolled House Bill 4165 (HB 4165-B) Page 90
{ + (2) + } The Child Care Division, as designated by the
Governor, shall be responsible for administering funds received
by the State of Oregon pursuant to the federal Child Care and
Development Block Grant Act of 1990, the Dependent Care Planning
and Development Grant and other federal child care funds and
grants received by the State of Oregon.
{ + (3) The Child Care Division shall comply with directives
of the Early Learning Council established in section 4, chapter
519, Oregon Laws 2011, in the division's implementation of the
provisions of ORS 657A.250 to 657A.450. + }
{ - (2) - } { + (4) + } There is established in the State
Treasury, separate and distinct from the General Fund, the Child
Care Fund.
{ - Such - } { + The Child Care + }Fund shall consist of
moneys collected and received by the Child Care Division pursuant
to subsection { - (1) - } { + (2) + } of this section, ORS
657A.310 and 657A.992 and such moneys as may be otherwise made
available by law. Interest earned on the fund shall be credited
to the fund. The moneys in the Child Care Fund are appropriated
continuously to the Child Care Division and shall be used in a
manner consistent with the grant of funds or for the
administration of ORS 181.537, 657A.030 and 657A.250 to 657A.450.
SECTION 118. ORS 657A.180 is amended to read:
657A.180. (1) { - There is created - } { + The Child Care
Division shall create + } an advisory committee to advise the
{ - Child Care - } division on the development and
administration of child care resource and referral policies and
practices. { - The advisory committee shall include but not be
limited to three members of the Commission for Child Care. - }
The Child Care Division shall, in consultation with the advisory
committee, establish criteria for proposals, prepare requests for
proposals, receive proposals and award grants for the
establishment of resource and referral programs.
(2) The Child Care Division shall collect and report data
concerning resource and referral programs.
(3) { + (a) + } The local resource and referral agencies shall
match grant funds in an amount not less than 10 percent of grant
funds received. Matching financial support includes, but is not
limited to, in-kind contributions.
{ - (4) - } { + (b) + } As used in this { - section - }
{ + subsection + }, 'in-kind contributions' means nonmonetary
contributions that include but are not limited to:
{ - (a) - } { + (A) + } Provision of rent-free program
space;
{ - (b) - } { + (B) + } Provision of utilities;
{ - (c) - } { + (C) + } Provision of custodial services;
{ - (d) - } { + (D) + } Provision of secretarial services;
{ - (e) - } { + (E) + } Provision of liability insurance or
health insurance benefits;
{ - (f) - } { + (F) + } Administrative services; and
{ - (g) - } { + (G) + } Transportation services.
{ + (4) The Child Care Division shall provide to the Early
Learning Council a report that summarizes the development and
administration of child care resource and referral policies and
practices under this section. The report must be provided at
least twice a year and as otherwise required by the Early
Learning Council. + }
SECTION 119. ORS 657A.310 is amended to read:
657A.310. (1) Application for a certification or for the annual
renewal thereof shall be made to the Child Care Division on forms
Enrolled House Bill 4165 (HB 4165-B) Page 91
provided by the division and accompanied by a nonrefundable fee.
The fee shall vary according to the type of facility and the
number of children for which the facility is requesting to be
certified, and shall be determined and applied through rules
adopted by the division pursuant to ORS 657A.275.
(2) All fees received under subsection (1) of this section
shall be deposited in the Child Care Fund established under ORS
657A.010 { - (2) - } { + (4) + } and may be used for the
administration of ORS 181.537, 657A.030 and 657A.250 to 657A.450.
(3) Any certification issued pursuant to ORS 657A.030 and
657A.250 to 657A.450 authorizes operation of the facility only on
the premises described in the certification and only by the
person named in the certification.
(4) Unless sooner revoked, a temporary certification expires on
the date specified therein. Unless sooner revoked and except as
provided in ORS 657A.270 (2), an annual certification expires one
year from the date of issuance.
SECTION 120. ORS 657A.700 is amended to read:
657A.700. As used in ORS 657A.700 to 657A.718:
(1) 'Child care provider' means a provider, for compensation,
of care, supervision or guidance to a child on a regular basis in
a center or in a home other than the child's home. 'Child care
provider' does not include a person who is the child's parent,
guardian or custodian.
(2) 'Community agency' means a nonprofit agency that:
(a) Provides services related to child care, children and
families, community development or similar services; and
(b) Is eligible to receive contributions that qualify as
deductions under section 170 of the Internal Revenue Code.
(3) 'High quality child care' means child care that meets
standards for high quality child care established or approved by
the { - Commission for Child Care - } { + Early Learning
Council + }.
(4) 'Qualified contribution' means a contribution made by a
taxpayer to the Child Care Division of the Employment Department
or a selected community agency for the purpose of promoting child
care, and for which the taxpayer will receive a tax credit
certificate under ORS 657A.706.
(5) 'Tax credit certificate' means a certificate issued by the
Child Care Division to a taxpayer to qualify the taxpayer for a
tax credit under ORS 315.213.
(6) 'Tax credit marketer' means an individual or entity
selected by the Child Care Division to market tax credits to
taxpayers.
SECTION 121. ORS 657A.992 is amended to read:
657A.992. (1) In addition to any other provision of law or rule
adopted pursuant to ORS 657A.260 for enforcement of the
provisions of ORS chapter 657A, the Child Care Division may
suspend or revoke a certification or registration issued under
ORS 657A.030 and 657A.250 to 657A.450, or impose a civil penalty
in the manner provided in ORS 183.745, for violation of:
(a) Any of the provisions of ORS 657A.030 and 657A.250 to
657A.450;
(b) The terms and conditions of a certification or registration
issued under ORS 657A.030 and 657A.250 to 657A.450; or
(c) Any rule of the division adopted under ORS 657A.030 and
657A.250 to 657A.450.
(2) The division shall adopt by rule a schedule establishing
the civil penalties that may be imposed under this section. The
schedule must provide for categories of violations for which a
Enrolled House Bill 4165 (HB 4165-B) Page 92
penalty may be imposed, including 'nonserious' and 'serious ' to
be defined by the division by rule under ORS 657A.260.
(3) The division must issue a written warning for a nonserious
or serious violation before assessing a civil penalty under this
section. The written warning must prescribe a reasonable time in
which to correct a violation.
(4) The division may not impose a civil penalty of more than
$100 for a first violation.
(5) The division may not impose a civil penalty for a
subsequent violation that exceeds the penalty imposed for the
previous violation by more than $100. Penalties imposed under
this subsection may not exceed $500 per violation, or $1,000
total for multiple violations per quarter.
(6) Notwithstanding any other provision of this section, the
maximum civil penalty that may be imposed:
(a) For violation of ORS 657A.330 by a registered family child
care home provider is $100.
(b) For violation of ORS 657A.280 by an operator of a child
care facility that is not a child care center is $200.
(c) For violation of ORS 657A.280 by an operator of a child
care facility that is a child care center is $500.
(7) A civil penalty imposed under this section may be remitted
or reduced upon such terms and conditions as the division
considers proper and consistent with the public health and
safety.
(8) All moneys received under this section shall be deposited
in the Child Care Fund established under ORS 657A.010
{ - (2) - } { + (4) + } and may be used for the administration
of ORS 181.537, 657A.030 and 657A.250 to 657A.450.
SECTION 122. { + ORS 657A.600, 657A.610, 657A.620, 657A.630
and 657A.640 are repealed. + }
SECTION 123. { + Sections 113 to 116 of this 2012 Act, the
amendments to statutes by sections 117 to 121 of this 2012 Act
and the repeal of statutes by section 122 of this 2012 Act become
operative on July 1, 2012. + }
SECTION 124. { + (1) Nothing in sections 113 to 116 of this
2012 Act, the amendments to statutes by sections 117 to 121 of
this 2012 Act or the repeal of statutes by section 122 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 113 of this 2012 Act. The Early
Learning Council may undertake the collection or enforcement of
any such liability, duty or obligation.
(2) The rights and obligations of the Commission for Child Care
legally incurred under contracts, leases and business
transactions executed, entered into or begun before the operative
date of section 113 of this 2012 Act are transferred to the Early
Learning Council. For the purpose of succession to these rights
and obligations, the Early Learning Council is a continuation of
the Commission for Child Care and not a new authority. + }
SECTION 125. { + Notwithstanding the transfer of duties,
functions and powers by section 113 of this 2012 Act, the rules
of the Employment Department for the Commission for Child Care in
effect on the operative date of section 113 of this 2012 Act
continue in effect until superseded or repealed by rules of the
Early Learning Council. References in rules of the Employment
Department to the Commission for Child Care or an officer or
employee of the Commission for Child Care are considered to be
references to the Early Learning Council or an officer or
employee of the Early Learning Council. + }
Enrolled House Bill 4165 (HB 4165-B) Page 93
SECTION 126. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, reference is
made to the Commission for Child Care or an officer or employee
of the Commission for Child Care, the reference is considered to
be a reference to the Early Learning Council or an officer or
employee of the Early Learning Council. + }
SECTION 127. { + (1) The repeal of ORS 417.730, 417.735,
657A.600, 657A.610, 657A.620 and 657A.640 by sections 69 and 122
of this 2012 Act and the amendments to ORS 417.728, 657A.180 and
657A.700 by sections 44b, 118 and 120 of this 2012 Act are
intended to change the name of the 'Commission for Child Care '
to the 'Early Learning Council. '
(2) For the purpose of harmonizing and clarifying statutory
law, the Legislative Counsel may substitute for words designating
the 'Commission for Child Care' or it officers, wherever they
occur in statutory law, words designating the 'Early Learning
Council' or its officers. + }
SECTION 128. { + (1) Section 10 of this 2012 Act and the
repeal of ORS 657A.640 by section 122 of this 2012 Act are
intended to change the name of the 'Commission for Child Care
Account' to the 'Early Learning Council Fund. '
(2) For the purpose of harmonizing and clarifying statutory
law, the Legislative Counsel may substitute for words designating
the 'Commission for Child Care Account,' wherever they occur in
statutory law, words designating the 'Early Learning Council
Fund.' + }
{ +
CHILD CARE FACILITIES + }
SECTION 129. { + Section 130 of this 2012 Act is added to and
made a part of ORS 657A.250 to 657A.450. + }
SECTION 130. { + (1) In addition to the minimum standards
established for child care facilities and the operation of child
care facilities under ORS 657A.260 and subject to available
funds, the Child Care Division of the Employment Department,
under the direction and with the approval of the Early Learning
Council, shall initiate development of a tiered quality rating
and improvement system for child care facilities.
(2) The tiered quality rating and improvement system
implemented under this section shall:
(a) Establish a set of progressively higher standards that are
used to evaluate the quality of an early learning and development
program and to support program improvement.
(b) Consist of the following components:
(A) Tiered standards that define a progression of quality for
early learning and development programs.
(B) Monitoring of programs to evaluate quality based on
established standards.
(C) Support for programs and providers of programs to meet
tiered quality standards, including training, technical
assistance and financial incentives.
(D) Program quality ratings that are publicly available. + }
SECTION 131. { + Section 130 of this 2012 Act becomes
operative on January 1, 2013. + }
{ +
FISCAL PROVISIONS AND + }
Enrolled House Bill 4165 (HB 4165-B) Page 94
{ +
CONFLICT AMENDMENTS + }
SECTION 132. { + Notwithstanding any other provision of law,
the General Fund appropriation made to the State Commission on
Children and Families by section 1, chapter 591, Oregon Laws
2011, for the biennium beginning July 1, 2011, is decreased by
$18,635,130. + }
SECTION 132a. { + If House Bill 4082 becomes law, section 132
of this 2012 Act is repealed. + }
SECTION 132b. { + If House Bill 4082 becomes law,
notwithstanding any other provision of law, the General Fund
appropriation made to the State Commission on Children and
Families by section 1, chapter 591, Oregon Laws 2011, for the
biennium beginning July 1, 2011, is decreased by $17,450,764. + }
SECTION 133. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Office of the
Governor, for the biennium beginning July 1, 2011, out of the
General Fund, the amount of $18,735,130, for the Early Learning
Council and the Youth Development Council. + }
SECTION 133a. { + If House Bill 4082 becomes law, section 133
of this 2012 Act is repealed. + }
SECTION 133b. { + If House Bill 4082 becomes law, in addition
to and not in lieu of any other appropriation, there is
appropriated to the Office of the Governor, for the biennium
beginning July 1, 2011, out of the General Fund, the amount of
$17,550,764, for the Early Learning Council and the Youth
Development Council. + }
SECTION 134. { + Notwithstanding any other law limiting
expenditures, the amount of $9,905,400 is established for the
biennium beginning July 1, 2011, as the maximum limit for payment
of expenses from fees, moneys or other revenues, including
Miscellaneous Receipts and including federal funds received from
the Department of Human Services for family preservation and
support and other services supporting children and families, but
excluding lottery funds and federal funds not described in this
section, collected or received by the Office of the Governor for
the Early Learning Council and the Youth Development Council. + }
SECTION 135. { + Notwithstanding any other law limiting
expenditures, the amount of $3,363,974 is established for the
biennium beginning July 1, 2011, as the maximum limit for payment
of expenses from federal funds, other than the funds described in
section 134 of this 2012 Act, collected or received by the Office
of the Governor for the Early Learning Council and the Youth
Development Council. + }
SECTION 136. { + Notwithstanding any other provision of law,
the authorized appropriations and expenditure limitations for the
biennium beginning July 1, 2011, for the following agencies and
programs are changed by the amounts specified: + }
________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
2011
Oregon Laws
Enrolled House Bill 4165 (HB 4165-B) Page 95
Chapter/
Agency/Program/FundsSectionAdjustment + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
State Commission on
Children and Families
Other funds Ch. 591 2-9,905,400
Federal funds Ch. 591 3-3,363,974
Employment Department
General Fund Ch. 339 1-100,000
Federal funds Ch. 339 5+1,000,000 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
________________________________________________________________
SECTION 136a. { + If Senate Bill 5701 becomes law, section 136
of this 2012 Act is repealed. + }
SECTION 136b. { + If Senate Bill 5701 becomes law,
notwithstanding any other provision of law, the authorized
appropriations and expenditure limitations for the biennium
beginning July 1, 2011, for the following agencies and programs
are changed by the amounts specified: + }
________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
2011
Oregon Laws
Chapter/
Agency/Program/FundsSectionAdjustment + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
State Commission on
Children and Families
Other funds Ch. 591 2-9,905,400
Federal funds Ch. 591 3-3,363,974
Employment Department
General Fund Ch. 339 1-100,000 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
________________________________________________________________
Enrolled House Bill 4165 (HB 4165-B) Page 96
SECTION 137. { + If Senate Bill 5701 becomes law, + }
{ + notwithstanding any other law limiting expenditures, the
limitation on expenditures established by section 12 (1), chapter
___, Oregon Laws 2012 (Enrolled Senate Bill 5701), for the
biennium beginning July 1, 2011, as the maximum limit for payment
of expenses from federal funds collected or received by the
Employment Department under the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858 et seq.) and section 418 of the
Social Security Act (42 U.S.C. 618), as amended, is increased by
$1,000,000. + }
SECTION 138. { + If House Bill 4082 becomes law, section 59 of
this 2012 Act (amending ORS 419A.170) is repealed. + }
{ +
MISCELLANEOUS + }
SECTION 139. { + For purposes of the statutory laws of this
state and all state operations of the federal Head Start program,
the director of state operations of the federal Head Start
program may be referenced as the State Director of Head Start
Collaboration. + }
SECTION 140. { + It is the intention of the Legislative
Assembly that funding which supports programs currently funded
through local commissions on children and families remain
unchanged through the biennium ending June 30, 2013, in order to
ensure the continuity of programs and services to
communities. + }
{ +
UNIT CAPTIONS + }
SECTION 141. { + 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 142. { + 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. + }
----------
Enrolled House Bill 4165 (HB 4165-B) Page 97
Passed by House March 2, 2012
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate March 5, 2012
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 4165 (HB 4165-B) Page 98
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 4165 (HB 4165-B) Page 99
