77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3111
Senate Bill 642
Sponsored by Senator STEINER HAYWARD
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires Department of Human Services to adopt rules to
establish Oregon Foster Children's Bill of Rights.
A BILL FOR AN ACT
Relating to foster children.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 3 of this 2013 Act, '
foster child' means a child who is in the legal custody of the
Department of Human Services pursuant to the provisions of ORS
chapter 418, 419B or 419C and who is or was placed in substitute
care with a foster parent, a child-caring agency as defined in
ORS 418.205 or an independent residence facility established or
certified under ORS 418.475. + }
SECTION 2. { + It is the intent of the Legislative Assembly
that each foster child have the following rights:
(1) To have the ability to make oral and written complaints
about care, placement or services that are unsatisfactory or
inappropriate, and to be provided with information about a formal
process for making complaints without fear of retaliation,
harassment or punishment.
(2) To be notified of, and provided with transportation to,
court hearings and reviews by local citizen review boards
pertaining to the foster child's case.
(3) To be provided with written contact information of specific
individuals whom the foster child may contact regarding
complaints, concerns or violations of rights, that is updated as
necessary and kept current.
(4) To be provided with written information, at the time of
placement or any change in placement, regarding:
(a) How to establish a bank account in the foster child's name
as allowed under state law;
(b) How to acquire a driver license as allowed under state law;
(c) How to remain in foster care after reaching 18 years of
age;
(d) The availability of a tuition and fee waiver for a current
or former foster child under ORS 351.293;
(e) How to obtain a copy of the foster child's credit report,
if any;
(f) How to obtain medical, dental, vision and mental health
services or other treatment, including services and treatments
available without parental consent under state law; and
(g) A transition toolkit, including a comprehensive transition
plan, that enables the foster child to leave foster or substitute
care and to live independently.
(5) To receive copies of the Oregon Foster Children's Bill of
Rights upon entering care or upon any change in placement.
(6) To have a written copy of the Oregon Foster Children's Bill
of Rights posted at the residences of all foster parents,
child-caring agencies and independent resident facilities.
(7) To have an annual review of the Oregon Foster Children's
Bill of Rights while the foster child is in substitute care.
(8) To be provided with current and updated contact information
for adults who are responsible for the care of the foster child
and who are involved in the foster child's case, including but
not limited to caseworkers, attorneys, foster youth advocates and
supporters, court appointed special advocates, local citizen
review boards, probation officers and employees of the Department
of Human Services that provide supervision, oversight and
certification of foster parents, child-caring agencies and
independent resident facilities.
(9) To have a hotline telephone number that is available to the
foster child at all times for the purposes of enabling the foster
child to make complaints and assert grievances regarding the
foster child's care, safety or well-being that cannot be resolved
using the formal complaint process described in subsection (1) of
this section. + }
SECTION 3. { + (1) The Department of Human Services shall
adopt rules establishing the Oregon Foster Children's Bill of
Rights, specifying the rights of foster children consistent with
the provisions of section 2 of this 2013 Act.
(2) The department shall periodically review the rules
establishing the Oregon Foster Children's Bill of Rights to
ensure that the bill of rights complies with the principles and
requirements set forth in section 2 of this 2013 Act. The
department shall promote the participation of current and former
foster children in the development of the rules constituting the
Oregon Foster Children's Bill of Rights and the development of
state foster care and child welfare policy. + }
SECTION 4. { + Sections 1 to 3 of this 2013 Act apply to
foster children placed in substitute care with a foster parent, a
child-caring agency or an independent residence facility on or
after the effective date of this 2013 Act. + }
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