Chapter 809 Oregon Laws 2001

AN ACT

HB 3330

Relating to youth programs; creating new provisions; amending ORS 418.205; appropriating money; 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 disturbed children;

(B) Adoption placement services;

(D) Outdoor youth programs; or

[(D)] (E) Other similar services for children.

(b) “Child-caring agency” does not include residential homes or facilities or foster care homes certified or licensed by the Mental Health and Developmental Disability Services Division.

(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 State Office for Services to Children and Families under other authority of the office.

[(3)] (4) “Private” means not owned, operated or administered by any governmental agency or unit.

SECTION 2. Sections 3 to 8 of this 2001 Act are added to and made a part of ORS 418.205 to 418.310.

SECTION 3. (1) There is established the Outdoor Youth Program Advisory Board for the purpose of providing advice to the State Office for Services to Children and Families on licensing outdoor youth programs as child-caring agencies. The office shall consult with the board on the licensure of outdoor youth programs as child-caring agencies prior to the adoption of rules and on a regular basis.

(2) The board shall provide advice to the office in the following areas:

(a) Policies adopted by the office regarding outdoor youth programs;

(b) Requirements for treatment programs provided by outdoor youth programs;

(c) Requirements for behavior management by outdoor youth programs;

(d) Requirements for health and safety; and

(e) Any other requirements the office imposes on outdoor youth programs.

(3) The board shall be appointed by the Governor and consist of:

(a) Three members who are providers of outdoor youth programs or employed by outdoor youth programs;

(b) Two members of the general public; and

(c) One member from an agency that regulates public lands.

(4) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(5) The appointment of a member of the board is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.

(6) A member of the board is entitled to expenses as provided in ORS 292.495 (2).

(7) The office shall provide the board with the necessary clerical and support staff to assist the board in carrying out the responsibilities of the board.

SECTION 4. Notwithstanding the term of office specified by section 3 of this 2001 Act, of the members first appointed to the Outdoor Youth Program Advisory Board:

(1) One shall serve for a term ending June 30, 2002.

(2) One shall serve for a term ending June 30, 2003.

(3) Two shall serve for terms ending June 30, 2004.

(4) Two shall serve for terms ending June 30, 2005.

SECTION 5. (1) The Outdoor Youth Program Advisory Board 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 board determines.

(2) A majority of the members of the board constitutes a quorum for the transaction of business.

(3) The board shall meet at times and places specified by the call of the chairperson or of a majority of the members of the board.

SECTION 6. (1) In addition to any requirements for licensure established by the State Office for Services to Children and Families, each outdoor youth program that is applying for licensure as a child-caring agency shall file with the office a bond in the amount of $50,000 or 50 percent of the program’s yearly budget, whichever amount is less. The bond shall be issued by a surety company or an insured institution, as defined in ORS 706.008, authorized to do business in this state.

(2) The bond required under subsection (1) of this section shall be continuous until canceled and shall remain in full force and unimpaired at all times to comply with this section. The surety or insured institution shall give the office at least 30 days’ written notice before it cancels or terminates its liability under the bond.

(3) An action on the bond may be brought by any person aggrieved by the misconduct of an outdoor youth program required to be licensed under ORS 418.205 to 418.310.

SECTION 7. (1) On and after January 1, 2002, but before March 1, 2002, any person operating an outdoor youth program shall be required to:

(a) Have a license from the State Office for Services to Children and Families as a child-caring agency; or

(b) Have proof that the person has applied for a license from the State Office for Services to Children and Families as a child-caring agency and has filed with the office a bond as required by section 6 of this 2001 Act.

(2) On and after March 1, 2002, any person operating an outdoor youth program shall be required to have a license from the State Office for Services to Children and Families as a child-caring agency.

(3) Prior to December 1, 2001, the State Office for Services to Children and Families shall adopt rules for licensing outdoor youth programs as child-caring agencies.

SECTION 8. (1) Prior to January 1, 2002, the State Office for Services to Children and Families and the Outdoor Youth Program Advisory Board shall report to the Emergency Board on the rules adopted by the office on licensure of outdoor youth programs.

(2) Prior to July 1, 2002, the State Office for Services to Children and Families and the Outdoor Youth Program Advisory Board shall report to the Emergency Board on the licensure of outdoor youth programs.

(3) The State Office for Services to Children and Families and the Outdoor Youth Program Advisory Board shall report to the Seventy-second Legislative Assembly on:

(a) The licensure of outdoor youth programs; and

(b) Recommended funding options for the expenses associated with licensure of outdoor youth programs that will ensure the long-term financial viability of the licensure program.

SECTION 9. Section 10 of this 2001 Act is added to and made a part of ORS chapter 704.

SECTION 10. In addition to meeting the requirements in ORS 704.020, any person who provides outfitting and guiding services for outdoor youth programs, as defined in ORS 418.205, shall furnish proof of a current child-caring agency license for outdoor youth programs from the State Office for Services to Children and Families prior to being registered as an outfitter and guide.

SECTION 11. (1) Section 10 of this 2001 Act becomes operative on January 1, 2002.

(2) Notwithstanding section 10 of this 2001 Act, on and after January 1, 2002, but before March 1, 2002, the State Marine Board may register a person who provides outfitting and guiding services for outdoor youth programs, as defined in ORS 418.205, if the person furnishes proof of:

(a) A current child-caring agency license for outdoor youth programs from the State Office for Services to Children and Families; or

(b) Having applied for a license from the State Office for Services to Children and Families as a child-caring agency and having filed with the office a bond as required by section 6 of this 2001 Act.

SECTION 12. In addition to and not in lieu of any other appropriation, there is appropriated to the Department of Human Services, for the biennium beginning July 1, 2001, out of the General Fund, the amount of $47,428, which may be expended by the State Office for Services to Children and Families for the licensure of outdoor youth programs as child-caring agencies.

SECTION 13. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect July 1, 2001.

Approved by the Governor July 19, 2001

Filed in the office of Secretary of State July 19, 2001

Effective date July 19, 2001

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