75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

                            Enrolled

                         Senate Bill 991

Sponsored by Senator COURTNEY; Senator MONNES ANDERSON
  (Presession filed.)

                     CHAPTER ................

                             AN ACT

Relating to respite services for parents; creating new
  provisions; amending ORS 418.205, 418.210, 418.625, 419B.005
  and 657A.030; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 418.205 is amended to read:
  418.205. As used in ORS 418.205 to 418.310 and 418.992 to
418.998, unless the context requires otherwise:
  (1) 'Child' means an unmarried person under 18 years of age.
  (2)(a) 'Child-caring agency' means any private agency or
private organization providing:
  (A) Day treatment for children with emotional disturbances;
  (B) Adoption placement services;
  (C) Residential care, including but not limited to foster care
or residential treatment for children;
  (D) Outdoor youth programs; or
  (E) Other similar services for children.
  (b) 'Child-caring agency' does not include { + :
  (A)  + }Residential facilities or foster care homes certified
or licensed by the Department of Human Services under ORS 443.400
to 443.455, 443.830 and 443.835 for children receiving
developmental disability services  { - . - }  { + ; or
  (B) Any private agency or organization facilitating the
provision of respite services for parents pursuant to a properly
executed power of attorney under ORS 109.056. For purposes of
this subparagraph, 'respite services' means the voluntary
assumption of short-term care and control of a minor child
without compensation or reimbursement of expenses for the purpose
of providing a parent in crisis with relief from the demands of
ongoing care of the parent's child. + }
  (3)(a) 'Outdoor youth program' means a program that provides,
in an outdoor living setting, services to children who have
behavioral problems, mental health problems or problems with
abuse of alcohol or drugs.
  (b) 'Outdoor youth program' does not include any program,
facility or activity:
  (A) Operated by a governmental entity;
  (B) Operated or affiliated with the Oregon Youth Conservation
Corps; or
  (C) Licensed by the Department of Human Services under other
authority of the department.

Enrolled Senate Bill 991 (SB 991-B)                        Page 1

  (4) 'Private' means not owned, operated or administered by any
governmental agency or unit.
  SECTION 2. ORS 418.210 is amended to read:
  418.210. ORS 418.205 to 418.325 shall not apply to:
  (1) Homes established and maintained by fraternal organizations
wherein only members, their wives, widows and children are
admitted as residents;
  (2) Any family foster home that is subject to ORS 418.625 to
418.645;   { - or - }
  (3) Any child care facility that is subject to ORS 657A.030 and
657A.250 to 657A.450 { + ;
  (4) Any individual, or home of an individual, providing respite
services, as defined in ORS 418.205, for parents pursuant to a
properly executed power of attorney under ORS 109.056; or
  (5) Any 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 3. ORS 418.625 is amended to read:
  418.625. As used in ORS 418.625 to 418.645:
  (1) 'Certificate' means a written approval to operate a foster
home issued by the Department of Human Services on a form
prescribed by the department that states the name of the foster
parent, the address of the premises to which the certificate
applies and the maximum number of children to be maintained or
boarded in the foster home at any one time.
  (2) 'Department' means the Department of Human Services.
  (3) 'Foster home' means any home maintained by a person who has
under the care of the person in the home any child under the age
of 21 years unattended by the child's parent or guardian, for the
purpose of providing the child with care, food and lodging, but
does not include:
  (a) Any boarding school that is essentially and primarily
engaged in educational work;
  (b) Any home in which a child is provided board and room by a
school board;
  (c) Any foster home under the direct supervision of a private
child-caring agency or institution certified by the department;
  (d) Any home under the direct supervision of a custodial parent
for the purpose of providing respite care as defined by rule;
 { - or - }
  (e) Any developmental disability child foster home as defined
in ORS 443.830  { - . - }  { + ; or
  (f) Any home of a provider of respite services, as defined in
ORS 418.205, for parents pursuant to a properly executed power of
attorney under ORS 109.056. + }
  SECTION 4. ORS 419B.005 is amended to read:
  419B.005. As used in ORS 419B.005 to 419B.050, unless the
context requires otherwise:
  (1)(a) 'Abuse' means:
  (A) Any assault, as defined in ORS chapter 163, of a child and
any physical injury to a child which has been caused by other
than accidental means, including any injury which appears to be
at variance with the explanation given of the injury.
  (B) Any mental injury to a child, which shall include only
observable and substantial impairment of the child's mental or
psychological ability to function caused by cruelty to the child,
with due regard to the culture of the child.

Enrolled Senate Bill 991 (SB 991-B)                        Page 2

  (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, as defined in ORS chapter 167.
  (F) Negligent treatment or maltreatment of a child, including
but not limited to the failure to provide adequate food,
clothing, shelter or medical care that is likely to endanger the
health or welfare of the child.
  (G) Threatened harm to a child, which means subjecting a child
to a substantial risk of harm to the child's health or welfare.
  (H) Buying or selling a person under 18 years of age as
described in ORS 163.537.
  (I) Permitting a person under 18 years of age to enter or
remain in or upon premises where methamphetamines are being
manufactured.
  (J) Unlawful exposure to a controlled substance, as defined in
ORS 475.005, that subjects a child to a substantial risk of harm
to the child's health or safety.
  (b) 'Abuse' does not include reasonable discipline unless the
discipline results in one of the conditions described in
paragraph (a) of this subsection.
  (2) 'Child' means an unmarried person who is under 18 years of
age.
  (3) 'Public or private official' means:
  (a) Physician, osteopathic physician, physician assistant,
naturopathic physician, podiatric physician and surgeon,
including any intern or resident.
  (b) Dentist.
  (c) School employee.
  (d) Licensed practical nurse, registered nurse, nurse
practitioner, nurse's aide, home health aide or employee of an
in-home health service.
  (e) Employee of the Department of Human Services, Oregon Health
Authority, State Commission on Children and Families, Child Care
Division of the Employment Department, the Oregon Youth
Authority, a county health department, a community mental health
program, a community developmental disabilities program, a county
juvenile department, a licensed child-caring agency or an alcohol
and drug treatment program.
  (f) Peace officer.
  (g) Psychologist.
  (h) Member of the clergy.
  (i) Regulated social worker.
  (j) Optometrist.
  (k) Chiropractor.
  (L) Certified provider of foster care, or an employee thereof.

Enrolled Senate Bill 991 (SB 991-B)                        Page 3

  (m) Attorney.
  (n) Licensed professional counselor.
  (o) Licensed marriage and family therapist.
  (p) Firefighter or emergency medical technician.
  (q) A court appointed special advocate, as defined in ORS
419A.004.
  (r) A child care provider registered or certified under ORS
657A.030 and 657A.250 to 657A.450.
  (s) Member of the Legislative Assembly.
  (t) Physical, speech or occupational therapist.
  (u) Audiologist.
  (v) Speech-language pathologist.
  (w) Employee of the Teacher Standards and Practices Commission
directly involved in investigations or discipline by the
commission.
  (x) Pharmacist.
  (y) An operator of a preschool recorded program under ORS
657A.255.
  (z) An operator of a school-age recorded program under ORS
657A.257.
   { +  (aa) Employee of a private agency or organization
facilitating the provision of respite services, as defined in ORS
418.205, for parents pursuant to a properly executed power of
attorney under ORS 109.056. + }
  (4) 'Law enforcement agency' means:
  (a) Any city or municipal police department.
  (b) Any county sheriff's office.
  (c) The Oregon State Police.
  (d) A county juvenile department.
  SECTION 5. ORS 419B.005, as operative until July 1, 2010, is
amended to read:
  419B.005. As used in ORS 419B.005 to 419B.050, unless the
context requires otherwise:
  (1)(a) 'Abuse' means:
  (A) Any assault, as defined in ORS chapter 163, of a child and
any physical injury to a child which has been caused by other
than accidental means, including any injury which appears to be
at variance with the explanation given of the injury.
  (B) Any mental injury to a child, which shall include only
observable and substantial impairment of the child's mental or
psychological ability to function caused by cruelty to the child,
with due regard to the culture of the child.
  (C) Rape of a child, which includes but is not limited to rape,
sodomy, unlawful sexual penetration and incest, as those acts are
described in ORS chapter 163.
  (D) Sexual abuse, as described in ORS chapter 163.
  (E) Sexual exploitation, including but not limited to:
  (i) Contributing to the sexual delinquency of a minor, as
defined in ORS chapter 163, and any other conduct which allows,
employs, authorizes, permits, induces or encourages a child to
engage in the performing for people to observe or the
photographing, filming, tape recording or other exhibition which,
in whole or in part, depicts sexual conduct or contact, as
defined in ORS 167.002 or described in ORS 163.665 and 163.670,
sexual abuse involving a child or rape of a child, but not
including any conduct which is part of any investigation
conducted pursuant to ORS 419B.020 or which is designed to serve
educational or other legitimate purposes; and
  (ii) Allowing, permitting, encouraging or hiring a child to
engage in prostitution, as defined in ORS chapter 167.

Enrolled Senate Bill 991 (SB 991-B)                        Page 4

  (F) Negligent treatment or maltreatment of a child, including
but not limited to the failure to provide adequate food,
clothing, shelter or medical care that is likely to endanger the
health or welfare of the child.
  (G) Threatened harm to a child, which means subjecting a child
to a substantial risk of harm to the child's health or welfare.
  (H) Buying or selling a person under 18 years of age as
described in ORS 163.537.
  (I) Permitting a person under 18 years of age to enter or
remain in or upon premises where methamphetamines are being
manufactured.
  (J) Unlawful exposure to a controlled substance, as defined in
ORS 475.005, that subjects a child to a substantial risk of harm
to the child's health or safety.
  (b) 'Abuse' does not include reasonable discipline unless the
discipline results in one of the conditions described in
paragraph (a) of this subsection.
  (2) 'Child' means an unmarried person who is under 18 years of
age.
  (3) 'Public or private official' means:
  (a) Physician, osteopathic physician, physician assistant,
naturopathic physician, podiatric physician and surgeon,
including any intern or resident.
  (b) Dentist.
  (c) School employee.
  (d) Licensed practical nurse, registered nurse, nurse
practitioner, nurse's aide, home health aide or employee of an
in-home health service.
  (e) Employee of the Department of Human Services, Oregon Health
Authority, State Commission on Children and Families, Child Care
Division of the Employment Department, the Oregon Youth
Authority, a county health department, a community mental health
program, a community developmental disabilities program, a county
juvenile department, a licensed child-caring agency or an alcohol
and drug treatment program.
  (f) Peace officer.
  (g) Psychologist.
  (h) Member of the clergy.
  (i) Regulated social worker.
  (j) Optometrist.
  (k) Chiropractor.
  (L) Certified provider of foster care, or an employee thereof.
  (m) Attorney.
  (n) Licensed professional counselor.
  (o) Licensed marriage and family therapist.
  (p) Firefighter or emergency medical technician.
  (q) A court appointed special advocate, as defined in ORS
419A.004.
  (r) A child care provider registered or certified under ORS
657A.030 and 657A.250 to 657A.450.
  (s) Member of the Legislative Assembly.
  (t) Physical, speech or occupational therapist.
  (u) Audiologist.
  (v) Speech-language pathologist.
  (w) Employee of the Teacher Standards and Practices Commission
directly involved in investigations or discipline by the
commission.
  (x) Pharmacist.
   { +  (y) Employee of a private agency or organization
facilitating the provision of respite services, as defined in ORS

Enrolled Senate Bill 991 (SB 991-B)                        Page 5

418.205, for parents pursuant to a properly executed power of
attorney under ORS 109.056. + }
  (4) 'Law enforcement agency' means:
  (a) Any city or municipal police department.
  (b) Any county sheriff's office.
  (c) The Oregon State Police.
  (d) A county juvenile department.
  SECTION 6. ORS 657A.030 is amended to read:
  657A.030. (1) The Child Care Division of the Employment
Department shall establish a Central Background Registry.
    { - (2) All subject individuals shall be enrolled in the
Central Background Registry established by the division. - }
   { +  (2) A subject individual shall apply to and must be
enrolled in the Central Background Registry as part of the
individual's application to operate a program or serve in a
position described in subsection (8) of this section. + }
  (3) Upon receiving an application for enrollment in the Central
Background Registry, the division shall complete a criminal
records check under ORS 181.534 and shall complete a child
protective services records check with the Department of Human
Services. The division shall enroll the individual in the
registry if the individual:
  (a) Is determined to have no criminal or child protective
services history or to have dealt with the issues and provided
adequate evidence of suitability for the registry;
  (b) Has paid the applicable fee established pursuant to ORS
657A.275; and
  (c) Has complied with the rules of the division adopted
pursuant to this section.
  (4) The division may conditionally enroll an individual in the
registry pending the results of a nationwide criminal records
check through the Federal Bureau of Investigation if the
individual has met other requirements of the division for
enrollment in the registry.
  (5) An enrollment in the Central Background Registry shall
expire two years from the date of enrollment and may be renewed
upon application to the division, payment of the fee established
pursuant to ORS 657A.275 and compliance with rules adopted by the
division pursuant to this section. However, an individual who is
determined to be ineligible for enrollment in the registry after
the date of initial enrollment shall be removed from the registry
by the division.
  (6)(a) A child care facility shall not hire or employ an
individual if the individual is not enrolled in the Central
Background Registry.
  (b) Notwithstanding paragraph (a) of this subsection, a child
care facility may employ on a probationary basis an individual
who is conditionally enrolled in the Central Background Registry.
  (7) The division may adopt any rules necessary to carry out the
purposes of this section and the criminal records check program.
  (8) For purposes of this section, 'subject individual ' means a
subject individual as defined by the division by rule or a person
who applies to be:
  (a) The operator or an employee of a child care or treatment
program;
  (b) The operator or an employee of an Oregon prekindergarten
program under ORS 329.170 to 329.200;
  (c) The operator or an employee of a federal Head Start program
regulated by the United States Department of Health and Human
Services;

Enrolled Senate Bill 991 (SB 991-B)                        Page 6

  (d) An individual in a child care facility who may have
unsupervised contact with children as identified by the division;
  (e) A contractor or an employee of the contractor who provides
early childhood special education or early intervention services
pursuant to ORS 343.455 to 343.534;
  (f) A child care provider who is required to be enrolled in the
Central Background Registry by any state agency;   { - or - }
  (g) A contractor, employee or volunteer of a metropolitan
service district organized under ORS chapter 268 who may have
unsupervised contact with children and who is required to be
enrolled in the Central Background Registry by the metropolitan
service district  { - . - }  { + ; or
  (h) A provider of respite services, as defined in ORS 418.205,
for parents pursuant to a properly executed power of attorney
under ORS 109.056 who is providing respite services as a
volunteer with a private agency or organization that facilitates
the provision of such respite services. + }
  (9) { + (a) + } Information provided to a metropolitan service
district organized under ORS chapter 268 about the enrollment
status of the persons described in subsection (8)(g) of this
section shall be subject to a reciprocal agreement with the
metropolitan service district. The agreement must provide for the
recovery of administrative, including direct and indirect, costs
incurred by the division from participation in the agreement. Any
moneys collected under this   { - subsection - }
 { + paragraph + } shall be deposited in the Child Care Fund
established under ORS 657A.010.
   { +  (b) Information provided to 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 about the enrollment
status of the persons described in subsection (8)(h) of this
section shall be subject to an agreement with the private agency
or organization.  The agreement must provide for the recovery of
administrative, including direct and indirect, costs incurred by
the division from participation in the agreement. Any moneys
collected under this paragraph shall be deposited in the Child
Care Fund established under ORS 657A.010. + }
  SECTION 7. ORS 657A.030, as amended by section 5, chapter 348,
Oregon Laws 2009, is amended to read:
  657A.030. (1) The Child Care Division of the Employment
Department shall establish a Central Background Registry.
    { - (2) All subject individuals shall be enrolled in the
Central Background Registry established by the division. - }
   { +  (2) A subject individual shall apply to and must be
enrolled in the Central Background Registry as part of the
individual's application to operate a program or serve in a
position described in subsection (8) of this section. + }
  (3) Upon receiving an application for enrollment in the Central
Background Registry, the division shall complete a criminal
records check under ORS 181.534 and shall complete a child
protective services records check with the Department of Human
Services. The division shall enroll the individual in the
registry if the individual:
  (a) Is determined to have no criminal or child protective
services history or to have dealt with the issues and provided
adequate evidence of suitability for the registry;
  (b) Has paid the applicable fee established pursuant to ORS
657A.275; and

Enrolled Senate Bill 991 (SB 991-B)                        Page 7

  (c) Has complied with the rules of the division adopted
pursuant to this section.
  (4) The division may conditionally enroll an individual in the
registry pending the results of a nationwide criminal records
check through the Federal Bureau of Investigation if the
individual has met other requirements of the division for
enrollment in the registry.
  (5) An enrollment in the Central Background Registry shall
expire two years from the date of enrollment and may be renewed
upon application to the division, payment of the fee established
pursuant to ORS 657A.275 and compliance with rules adopted by the
division pursuant to this section. However, an individual who is
determined to be ineligible for enrollment in the registry after
the date of initial enrollment shall be removed from the registry
by the division.
  (6)(a) A child care facility shall not hire or employ an
individual if the individual is not enrolled in the Central
Background Registry.
  (b) Notwithstanding paragraph (a) of this subsection, a child
care facility may employ on a probationary basis an individual
who is conditionally enrolled in the Central Background Registry.
  (7) The division may adopt any rules necessary to carry out the
purposes of this section and the criminal records check program.
  (8) For purposes of this section, 'subject individual ' means a
subject individual as defined by the division by rule or a person
who applies to be:
  (a) The operator or an employee of a child care or treatment
program;
  (b) The operator or an employee of an Oregon prekindergarten
program under ORS 329.170 to 329.200;
  (c) The operator or an employee of a federal Head Start program
regulated by the United States Department of Health and Human
Services;
  (d) An individual in a child care facility who may have
unsupervised contact with children as identified by the division;
  (e) A contractor or an employee of the contractor who provides
early childhood special education or early intervention services
pursuant to ORS 343.455 to 343.534;   { - or - }
  (f) A child care provider who is required to be enrolled in the
Central Background Registry by any state agency  { - . - }  { + ;
or
  (g) A provider of respite services, as defined in ORS 418.205,
for parents pursuant to a properly executed power of attorney
under ORS 109.056 who is providing respite services as a
volunteer with a private agency or organization that facilitates
the provision of such respite services.
  (9) Information provided to 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 about the enrollment status of the
persons described in subsection (8)(g) of this section shall be
subject to an agreement with the private agency or organization.
The agreement must provide for the recovery of administrative,
including direct and indirect, costs incurred by the division
from participation in the agreement. Any moneys collected under
this subsection shall be deposited in the Child Care Fund
established under ORS 657A.010. + }
  SECTION 8.  { + (1) The amendments to ORS 418.205, 418.210,
418.625, 419B.005 and 657A.030 by sections 1 to 7 of this 2010

Enrolled Senate Bill 991 (SB 991-B)                        Page 8

Act become operative 90 days following the effective date of this
2010 Act.
  (2) The amendments to ORS 418.205, 418.210, 418.625, 419B.005
and 657A.030 by sections 1 to 7 of this 2010 Act apply to respite
services provided on or after the operative date specified in
subsection (1) of this section.
  (3) The Child Care Division of the Employment Department may
take any action before the operative date specified in subsection
(1) of this section that is necessary to enable the division to
implement the amendments to ORS 657A.030 by sections 6 and 7 of
this 2010 Act on and after the operative date specified in
subsection (1) of this section. + }
  SECTION 9.  { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
                         ----------

Passed by Senate February 12, 2010

Repassed by Senate February 23, 2010

      ...........................................................
                                              Secretary of Senate

      ...........................................................
                                              President of Senate

Passed by House February 23, 2010

      ...........................................................
                                                 Speaker of House

Enrolled Senate Bill 991 (SB 991-B)                        Page 9

Received by Governor:

......M.,............., 2010

Approved:

......M.,............., 2010

      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 2010

      ...........................................................
                                               Secretary of State

Enrolled Senate Bill 991 (SB 991-B)                       Page 10