Chapter 831 Oregon Laws 2001

AN ACT

HB 3659

Relating to child care; creating new provisions; amending ORS 329.170, 329.175, 329.183, 329.185, 329.190, 329.195, 329.200, 329.225, 343.455, 343.475, 343.495, 417.305, 417.725, 417.735, 417.748, 417.775, 417.788, 417.790, 417.795 and 657A.030; repealing ORS 329.180; and declaring an emergency.

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

OREGON EARLY CHILDHOOD SYSTEM

SECTION 1. Section 2 of this 2001 Act is added to and made a part of ORS 417.710 to 417.725.

SECTION 2. The Legislative Assembly finds:

(1) The first three years of life are a crucial period in a child’s life, and during this period a child is sensitive to the protective mechanisms of parental and family support.

(2) Brain development that takes place during the first year of life is rapid and extensive and has implications for lifelong physical, social-emotional and cognitive well-being.

SECTION 3. Section 4 of this 2001 Act is added to and made a part of ORS 417.705 to 417.797.

SECTION 4. Based on the findings expressed in section 2 of this 2001 Act, there is created the Oregon Early Childhood 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 childhood system pursuant to ORS 417.748;

(6) Link and integrate services and supports in the voluntary local early childhood system pursuant to section 9 of this 2001 Act;

(7) Ensure that children are entering school ready to learn; and

(8) Ensure that children receive quality child care.

STATE RESPONSIBILITY AND PLANNING

FOR EARLY CHILDHOOD SYSTEM

SECTION 5. ORS 417.748 is amended to read:

417.748. (1) The State Commission on Children and Families, [in consultation with] the Department of Education[, the Board of Trustees of the Children’s Trust Fund,] and the Department of Human Services [and] shall lead a joint effort with other state and local [providers of] early childhood [development services, shall] partners to establish the policies necessary for a voluntary statewide early childhood system that shall be incorporated into the local coordinated comprehensive plan.

(2) The voluntary statewide early childhood system shall be designed to achieve:

(a) The appropriate early childhood benchmarks [and shall:] jointly identified by the State Commission on Children and Families, the Department of Education and the Department of Human Services, 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 and the Department of Human Services, with input from early childhood partners, as an appropriate benchmark or outcome.

(3) The voluntary statewide early childhood system shall include the following components:

(a) A process to identify as early as possible children and families who would benefit from early childhood 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 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 quality child care;

(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;

(I) Developmental disability services; and

(J) Other state and local services.

(4) The State Commission on Children and Families, the Department of Education and the Department of Human Services shall jointly:

(a) Consolidate administrative functions relating to the voluntary statewide early childhood system, to the extent practicable, including but not limited to training and technical assistance, [data systems, data collection,] planning and budgeting. This paragraph does not apply to the administrative functions of the Department of Education relating to education programs;

[(b) Identify existing prenatal and perinatal services and other early childhood services for children from birth through eight years of age;]

(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 system;

(d) Develop a plan for the implementation of a common data system for voluntary early childhood programs as provided in section 7 of this 2001 Act;

[(c)] (e) Coordinate existing and new early childhood programs to provide a range of community-based supports;

[(d) Provide for the coordination of early childhood programs by creating a multidisciplinary process to connect children and families with the most appropriate supports to address identified needs; and]

[(e) Identify how the early childhood system for children who are prenatal through eight years of age will link with systems of support for older children and their families.]

(f) Establish a common set of quality assurance standards to guide local implementation of all elements of the voluntary statewide early childhood 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 system for children who are zero through eight 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

(j) During January of each odd-numbered year, report to the Governor and the Legislative Assembly on the voluntary statewide early childhood system. The report shall include the evaluation described in paragraph (i) of this subsection.

(5) The State Commission on Children and Families, the State Board of Education and the Department of Human Services when adopting rules to administer voluntary early childhood programs under their individual authority shall adopt rules that are consistent with the requirements of the voluntary statewide early childhood system created under this section.

(6) 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 6. Sections 7 and 9 of this 2001 Act are added to and made a part of ORS 417.705 to 417.797.

SECTION 7. (1) During the 2001-2003 biennium, the State Commission on Children and Families, the Department of Education and the Department of Human Services shall jointly:

(a) Develop a plan for sharing and linking statistical information for purposes of evaluating system and program outcomes for all voluntary early childhood programs as described in ORS 417.748;

(b) Coordinate with the information resources management division of the Oregon Department of Administrative Services to ensure conformance with accepted project management practices and the corporate data management directives in the Statewide Enterprise Information Technology Strategy;

(c) Establish measurable performance goals for the project that are consistent with the commission’s and departments’ information resources management plans and with accepted project management practices;

(d) Report on the status of the project to the State Chief Information Officer each quarter; and

(e) Report to the Joint Legislative Committee on Information Management and Technology prior to implementation of the plan.

(2) Consistent with state and federal law, information in any data system created pursuant to this section may be used only for statistical data that are not personally identifiable and to facilitate the delivery of services to children and families who give their express written consent.

(3) The Superintendent of Public Instruction shall ensure that the database created by the Department of Education under ORS 327.511 is integrated with any common data system created pursuant to this section.

NOTE: Section 8 was deleted by amendment. Subsequent sections were not renumbered.

LOCAL RESPONSIBILITY AND PLANNING

FOR EARLY CHILDHOOD SYSTEM

SECTION 9. (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) Child care providers;

(k) Developmental disability services;

(L) The kindergarten through grade 12 education community;

(m) Faith-based organizations; and

(n) 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 system specified in ORS 417.748 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

(b) Involve the medical community to ensure appropriate referrals to services and supports that are provided through the voluntary local early childhood system.

SERVICES TO CHILDREN AND FAMILIES

SECTION 10. ORS 417.725 is amended to read:

417.725. (1) Key elements of the service system developed and implemented under ORS 417.705 to 417.797 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 family service centers are a viable, but not the exclusive, structure for delivering a service continuum.

(2) If a system of family resource centers and family service centers is selected by a local commission on children and families established pursuant to ORS 417.760, the family resource centers:

(a) [Family resource centers] May serve as the prevention arm of the voluntary delivery system and may be integrated into 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) [Family service centers] May serve as the treatment arm of the voluntary delivery system[.];

(c) Shall involve parents in the care and education of their children;

(d) Shall involve the local community in developing and overseeing family resource center programs; and

(e) Shall be consistent with the local coordinated comprehensive plan.

SECTION 10a. ORS 417.305 is amended to read:

417.305. (1) The Legislative Assembly finds and declares that:

(a) Children are our future;

(b) Healthy children and families are of fundamental importance to the vitality of Oregon;

(d) All children deserve love, respect and guidelines for responsible behavior;

(e) Families should be supported and strengthened; and

(f) Communities provide the context for healthy children and families, and strong families and healthy communities are interdependent.

(2) The Legislative Assembly recognizes that demands on families, created in part by changes in family structures and relationships, intensify the need for Oregon to support children and families toward the goals of family stability and broader access for children, youth and families to:

(a) The best possible physical and mental health;

(b) Adequate food and safe physical shelter;

(d) The highest quality of educational opportunity;

(e) Quality education;

(f) Effective training, apprenticeship and productive employment;

(g) A range of civic, cultural, educational, family support and positive youth development programs and activities that promote self-esteem, involvement and a sense of community;

(h) Community services that are efficient, coordinated and readily available; and

(i) Genuine participation in decisions concerning the planning and managing of their lives and respect for such decisions.

(3) In the interest of assuring coordination of all children and family services and education programs provided by or funded by the state and the effective use of state resources, the state shall:

(a) Develop a plan for appropriating adequate funds;

(b) Develop a cooperative partnership among state agencies that serve children, youth and families;

(c) Establish state priorities; develop and implement service standards that reflect a balanced and comprehensive range of services for all children, youth and families; monitor and evaluate services and ensure accessibility of services for all children, youth and families; and

(d) Actively seek the advice of local governmental jurisdictions, providers of services, educators, the private business sector, citizens and youth in effecting this subsection.

(4) The Legislative Assembly finds that, in order to fulfill the purposes of this section, service delivery systems for children and families shall include:

(a) Cooperative partnerships among state agencies that serve children, youth and families;

(b) Methods of accountability to measure effectiveness of state-funded programs; and

(c) Use of public resources for programs and services that move the state toward meeting the goals described in subsection (2) of this section [and the benchmarks adopted by the Oregon Progress Board].

SECTION 10b. ORS 417.735 is amended to read:

417.735. (1) The State Commission on Children and Families shall promote the wellness of children and families at the state level and shall act in accordance with the principles, characteristics and values identified in ORS 417.710 to 417.725. The state commission shall provide no direct services.

(2) Funds for local commissions shall consist of payments from moneys appropriated therefor to the State Commission on Children and Families by the Legislative Assembly. The state commission shall develop an equitable formula for the distribution of funds to counties or regions for services for children and families, and a minimum annual grant shall be provided to each county or region.

(3) The state commission shall:

(a) Set guidelines for the planning, coordination and delivery of services by local commissions in partnership with other planning bodies and agencies providing services for children and families. The guidelines shall be consistent with the key elements of the service system developed and implemented under ORS 417.705 to 417.797. In conjunction with other planning bodies and agencies providing social supports, the state commission shall use the local coordinated comprehensive plans to advise agencies, the Legislative Assembly and the Governor;

(b) Advise the Legislative Assembly and the Governor concerning possible solutions to problems facing children and families;

(c) [In conjunction with the Oregon Progress Board and] In consultation with other agencies, identify outcomes and interim indicators relating to children and families [consistent with the Oregon benchmarks and shall] and monitor the progress of local coordinated comprehensive plans in meeting identified outcomes;

(d) Encourage the development of innovative projects, based on proven practices of effectiveness, that benefit children and families;

(e) Ensure that all services for children and families are integrated and evaluated according to their outcomes;

(f) Compile, analyze and distribute information that informs and supports statewide coordinated planning;

(g) Establish a uniform system of reporting and collecting statistical data from counties and other agencies serving children and families;

(h) Provide a process whereby the Department of Human Services, Juvenile Crime Prevention Advisory Committee, Oregon Youth Authority, Department of Education, Department of Community Colleges and Workforce Development, Housing and Community Services Department and Economic and Community Development Department review all findings from data collected by the local commissions through the local coordinated comprehensive plans. The information gathered in this review shall be considered by those agencies in designing future economic resources and services and in the coordination of services;

(i) Make recommendations to the Commission for Child Care for the development of the state’s biennial child care plan; and

(j) Communicate information and policy advice on current research and proven practices of effectiveness, from both inside and outside the state, including successful local strategies, to local commissions, the Governor, the Legislative Assembly, state agencies and the public. The information shall include progress in meeting outcomes identified in the local coordinated comprehensive plans.

(4)(a) The state commission shall develop a review and approval process for local coordinated comprehensive plans that includes:

(A) A requirement that the local plan has been approved by the board or boards of county commissioners;

(B) Assurance that the local plan meets essential criteria and approval required by appropriate entities and meets appropriate systems and planning connections; and

(b) The state commission shall develop the process under this subsection in consultation with other entities involved in the review and approval process.

(c) The state commission shall act on any waiver request from a local commission within 90 days after receipt of the request.

(d) The state commission may disapprove a local plan for failure to address the elements described in paragraph (a) of this subsection within 90 days after receipt of the request.

(5) The state commission, in coordination with the local commissions on children and families, shall:

(a) Assist the local commissions in the development and implementation of performance and outcome criteria for evaluating services at the local level;

(b) Monitor the progress in meeting criteria in the local coordinated comprehensive plans;

(c) In conjunction with the Department of Human Services and using the staff resources and other resources of the state commission, educate, inform and provide technical assistance to local commissions, including but not limited to technical assistance with:

(A) Federal and state laws, regulations and rules, and changes therein, governing the use of federal and state funds;

(B) Facilitation;

(D) Policy development;

(E) Proven practices of effectiveness;

(F) Local systems development;

(G) Community problem solving and mobilization; and

(H) Other services, as appropriate;

(d) Conduct research and disseminate information to local commissions on children and families;

(e) Negotiate federal waivers in consultation with the Department of Human Services; and

(f) Develop a process for reviewing requests for waivers from requirements of the state commission. Requests for waivers shall be granted or denied as a part of the approval process for a local coordinated comprehensive plan. The state commission shall not grant a request for waiver that allows funds to be used for any purpose other than early childhood prevention, intervention and treatment programs.

(6) The state commission shall employ a staff director who shall be responsible for hiring and supervising any additional personnel necessary to assist the state commission in performing its duties. The staff director shall be responsible for management functions of the state commission subject to policy direction by the state commission.

(7) To the extent that federal funding is not jeopardized, the State Commission on Children and Families shall enter into an interagency agreement with the Department of Human Services in which they agree on a system to:

(a) Distribute all Title XX Social Services Block Grant funds;

(b) Ensure that federal and state requirements are met for federal funds administered by the state commission; and

(c) Carry out the necessary auditing, monitoring and information requirements for federal funds distributed by the state commission.

(8) In addition to the authority under subsection (5)(e) of this section, the state commission may direct the Department of Human Services or the appropriate state department providing services for children and families to negotiate federal waivers. If the Department of Human Services or any other state agency does not pursue a federal waiver recommended by the state commission, the state commission may ask the Governor to direct the Department of Human Services or other state agency to apply for and negotiate the waiver.

(9) If the Department of Human Services or any other state agency refuses to distribute state or federal funds as requested by the state commission, the state commission may ask the Governor to direct the Department of Human Services or other state agency to distribute the funds.

(10) The programs shall be funded as fully as possible by Title XX of the federal Social Security Act, consistent with the terms and conditions of the block grant program and the local coordinated comprehensive plans that reflect community priorities established by the local planning process.

(11) In conjunction with the Department of Human Services, the state commission, as soon as possible, shall develop a plan to re-engineer and integrate the data processing systems related to children’s programs with the objective of making management information more accessible. The state commission shall make regular presentations to the Joint Legislative Committee on Information Management and Technology on its progress in developing and implementing the plan.

(12) Before each regular session of the Legislative Assembly, the state commission shall report, to the Governor and to the appropriate joint interim committee as determined by the Speaker of the House of Representatives and the President of the Senate, the following:

(a) Any additional proposals contained in “A Positive Future for Oregon’s Children and Families” by the 1991-1992 Oregon Children’s Care Team Interim Task Force that should be undertaken;

(b) The status in all counties of local service systems related to the health and wellness of children and the adequacy of financial resources to deliver services;

(c) The progress in achieving desired outcomes, including but not limited to [the benchmarks established by the Oregon Progress Board and] the statewide guidelines set by the state commission under ORS 417.710 (1);

(d) Barriers to achieving outcomes and benchmarks;

(e) Proposed solutions to barriers identified under paragraph (d) of this subsection, including proven, effective and innovative strategies; and

(f) County and community mobilization to increase public awareness and involvement and funding of community determined priorities.

(13)(a) The state commission may solicit, accept and receive federal moneys or moneys or other property from persons or corporations, public or private, for the purpose of carrying out the provisions of ORS 417.705 to 417.797 and 419A.170.

(b) All federal moneys collected or received under paragraph (a) of this subsection shall be accepted and transferred or expended by the state commission upon such terms and conditions as are prescribed by the federal government.

(c) All moneys and other property accepted by the state commission under this subsection shall be transferred, expended or used upon such terms and conditions as are prescribed by the donor in a manner consistent with applicable law.

SECTION 11. ORS 417.775, as amended by section 1, chapter 179, Oregon Laws 2001 (Enrolled House Bill 2077), and section 2, chapter 276, Oregon Laws 2001 (Enrolled House Bill 2644), is amended to read:

417.775. (1) Under the direction of the board or boards of county commissioners, and in conjunction with the guidelines set by the State Commission on Children and Families, the main purposes of a local commission on children and families are to promote wellness for children of all ages and their families in the county or region, if the families have given their express written consent, to mobilize communities and to 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;

(d) Develop local policies, priorities and measurable outcomes;

(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 progress of and evaluate the outcomes 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;

[(B)] (ii) A provider of services discontinues providing the services in the county or region; or

[(C)] (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 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[, including entities, governments, community groups, education representatives, organizations, youths and citizens] and shall include representatives of education, mental health services, developmental disability services, alcohol and drug treatment programs, public health programs, 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 [a] the diversity of the county or region.

(4) Through the process described in subsection (3) of this section, the local commission shall [develop and prepare] coordinate the development of a single local plan for coordinating programs, strategies and services for children who are 0 to 18 years of age 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[, including the Oregon benchmarks,] 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 417.797 and 419A.170. The local plan, policies and proposed service delivery systems shall be submitted to the board or boards of county commissioners for approval prior to submission to the state commission. The local plan shall be based on identifying the most effective service delivery system allowing for the continuation of current public and private programs where appropriate. The local plan shall address needs, strengths and assets of all children, their families and communities, including those children and their families at highest risk.

(6) The local coordinated comprehensive plan shall include:

(a) Subject to the availability of funds:

(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;

(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);

(C) [An] A voluntary local early childhood system plan created pursuant to [ORS 417.748] section 9 of this 2001 Act;

(D) Local alcohol and other drug prevention and treatment plans developed pursuant to ORS 430.258; and

(E) The local high-risk juvenile crime prevention plan developed pursuant to ORS 417.855; and

(b) 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.

(7) 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;

(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.

(8) 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;

(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.

(9) The State Commission on Children and Families may disapprove a local coordinated comprehensive plan in whole or in part only upon making specific findings that the local plan substantially fails to conform to the principles, characteristics and values identified in ORS 417.710 to 417.725 and 417.735 (4). If the state commission disapproves a local plan in whole, the state commission shall identify with particularity the manner in which the local plan is deficient. If the state commission disapproves only part of the local plan, the remainder of the local plan may be implemented. The staff of the state commission shall assist in remedying the deficiencies in the local plan. The state commission shall set a date by which the local plan or the deficient portion thereof shall be revised and resubmitted.

(10) If a local commission determines that the needs of the county or region it serves differ from those identified by the state commission, it may ask the state commission to waive specific requirements in its list of children’s support areas. The process for granting waivers shall be developed by the state commission prior to the start of the review and approval process for the local coordinated comprehensive plan described in ORS 417.735 (4) and shall be based primarily on a determination of whether the absence of a waiver would prevent the local commission from best meeting the needs of the county or region.

(11) From time to time, the local commission may amend the local coordinated comprehensive plan and applications for funds to implement ORS 417.705 to 417.797 and 419A.170 upon approval of the board or boards of county commissioners and the State Commission on Children and Families.

(12) The local commission shall provide an opportunity for public and private contractors to review the components of the local coordinated comprehensive 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.

SECTION 12. ORS 417.788 is amended to read:

417.788. (1) The State Commission on Children and Families shall support relief nurseries statewide through local commissions on children and families as funding becomes available. Local commissions 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.

[(2)] (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 12a. Section 12b of this 2001 Act is added to and made a part of ORS 417.705 to 417.797.

SECTION 12b. The State Commission on Children and Families 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 13. ORS 417.790 is amended to read:

417.790. The State Commission on Children and Families shall:

(1) Make Student Retention Initiative grants to fund student retention initiatives designed to identify youths in danger of leaving school before graduation and to assist them in completing their education.

(2) Make Great Start grants [with the goal of having children reach the first grade with good physical, social, emotional and language development. The state commission shall assist counties in the implementation and operation of Great Start programs for children who are newborn to six years of age including parent support programs, child care and child development services, physical and mental health promotion and access to services.] to fund community-based programs for children who are newborn through eight 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 voluntary local early childhood system plan that is part of the local coordinated comprehensive plan.

(3) Make juvenile services grants to fund juvenile delinquent programs for diversion, delinquency prevention, detention, shelter care, probation, restitution, family support services and community centers for the care and treatment of juveniles in need of services, for the purpose of reducing the rate of juvenile delinquency.

SECTION 13a. If House Bill 2330 becomes law, section 13 of this 2001 Act (amending ORS 417.790) is repealed.

SECTION 14. ORS 417.795 is amended to read:

417.795. (1) The State Commission on Children and Families established under ORS 417.730 shall establish Healthy Start Family Support Services programs [provided] 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 that there are no adverse consequences for those decisions;

[(a)] (c) [Provide a] 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 417.748 (6) 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;

(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;

[(b)] (f) Identify, as early as possible, families that would benefit most from the programs;

[(c)] (g) Provide parenting education and support services, including but not limited to community-based home visiting [intervention] services and primary health care services;

[(d)] (h) Provide other supports, including but not limited to referral to and [coordination] linking of community and public services for children and families such as [counseling] mental health services, alcohol and drug treatment programs, child care, food, housing and transportation;

[(e)] (i) Coordinate services for children consistent with the voluntary local early childhood system plan developed pursuant to section 9 of this 2001 Act;

[(f)] (j) Provide follow-up services and supports from birth through five years of age;

[(g) Establish a data system to document:]

(k) Integrate data with any common data system for early childhood programs implemented pursuant to section 7 of this 2001 Act;

(L) Be included in a statewide independent evaluation to document:

(A) Level of screening and assessment;

[(B) Profile of risk and family demographics;]

[(C)] (B) Incidence of child abuse and neglect;

[(D)] (C) Change in [stress-coping and managing] parenting skills; and

[(E)] (D) Rate of child development; [and]

[(h)] (m) [Establish] Be included in a statewide training program in the dynamics of the skills needed to provide [these] 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 [local commission] Healthy Start Family Support Services programs, [the] local health [department] departments and other providers of prenatal and perinatal services in counties [shall jointly develop an amendment to the local coordinated comprehensive plan that], as part of the voluntary local early childhood system, shall:

(a) Identify existing [perinatal] services and describe and prioritize additional services necessary for a voluntary [perinatal] home visit system;

(b) Build on existing [perinatal] programs;

(c) [Identify ways to] Maximize the use of [paraprofessionals,] volunteers and other community resources that support all families; [and]

(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) [The local commission, according to the portion of the local plan dealing with the] Through a Healthy Start Family Support Services program, [shall cause] a trained family support worker [to] 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 [through requests for proposals from] 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 [the] a contract, [the] a local commission [shall] may utilize collaborative contracting or requests for proposals and shall take into consideration the most effective and consistent service delivery system [allowing for the continuation of current public and private programs where appropriate].

(6) The family risk assessment and follow-up services for families at risk shall be provided by [paraprofessional] 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)(a) A county or group of counties may request a waiver from the state commission of requirements of the Healthy Start Family Support Services program and may apply to the state commission to use funds from the program for alternative early childhood programs that address the requirements of this section.]

[(b) A waiver request may be approved by a majority vote of the state commission sitting at a regular meeting. The state commission may approve a waiver request if the state commission determines that the waiver application demonstrates improvement of a specific outcome or combination of outcomes that would have been obtained without a waiver and demonstrates that the alternative program meets the requirements of this section.]

[(c) The state commission shall approve or reject a waiver request within 90 days after receiving the request.]

(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.

EDUCATION PROGRAMS

SECTION 15. ORS 329.170 is amended to read:

329.170. As used in ORS 329.170 to 329.200:

(1) “Advisory committee” means the advisory committee established specifically for the [two programs] Oregon prekindergarten program established by ORS 329.170 to 329.200.

[(2) “Approved parent-as-teacher programs” means those programs which are recognized by the Department of Education as meeting the minimum program rules adopted by the State Board of Education and provide information and support to parents in order to enhance their ability to foster their children’s cognitive, social and physical development.]

[(3)] (2) “Oregon prekindergartens” means those programs which are recognized by the department as meeting the minimum program rules to be adopted by the State Board of Education and provide comprehensive health, education and social services in order to maximize the potential of children three and four years of age.

[(4)] (3) “Oregon prekindergarten program” means the statewide administrative activities carried on within the Department of Education to allocate, award and monitor state funds appropriated to create or assist local Oregon prekindergartens.

[(5)] (4) For purposes of ORS 329.175, “eligible child” means an at-risk child who is not a participant in a federal, state or local program providing like comprehensive services and may include children who are eligible under rules adopted by the State Board of Education. As used in this subsection, “at-risk child” means a child at least three years of age and not eligible for kindergarten whose family circumstances would qualify that child for eligibility under the federal Head Start program.

[(6) For purposes of ORS 329.180, “eligible family” means any family with an at-risk child. As used in this subsection, “at-risk child” means a child between zero and eight years of age who is assessed by multiple criteria adopted by rule of the State Board of Education as likely to experience difficulty succeeding in school.]

[(7)] (5) “Department” means the Department of Education.

SECTION 16. 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 [insure] ensure efficient delivery of services and prevent overlap. [They] Oregon prekindergartens shall also work with local organizations such as local education associations serving young children and make the maximum use of local resources.

(5) Oregon prekindergartens shall:

(a) Participate in the planning process under section 9 of this 2001 Act to develop a voluntary local early childhood system plan; and

(b) Coordinate services with other services that are coordinated through the plan. The coordination of services shall be consistent with federal and state law.

SECTION 17. ORS 329.183 is amended to read:

329.183. (1) The Prekindergarten Program Trust Fund is established as a fund in the State Treasury, separate and distinct from the General Fund. Interest earned by the trust fund shall be credited to the trust fund. The primary purpose of the trust fund is to assist eligible children with comprehensive services including educational, social, health and nutritional development to enhance their chances for success in school and life. For this purpose, the trust fund is continuously appropriated for and shall be expended only for the Oregon prekindergarten [and parent-as-teacher programs] program described in ORS 329.170 to 329.200.

(2) The State Board of Education may solicit and accept money in the form of gifts, contributions and grants to be deposited in the trust fund. Except as provided in ORS 329.185, the acceptance of federal grants for purposes of ORS 329.170 to 329.200 does not commit state funds nor place an obligation upon the Legislative Assembly to continue the purposes for which the federal funds are made available.

(3) The trust fund may be listed, if otherwise qualified, on the Oregon income tax return for checkoff pursuant to application made to the Oregon Charitable Checkoff Commission under ORS 305.690 to 305.753 by the State Board of Education.

SECTION 18. ORS 329.185 is amended to read:

329.185. When the federal Head Start program provides funding for programs for eligible children at [at least the] or greater than the 1990-1991 per child level, [as described in ORS 329.170 (3),] eligibility for the state funded Oregon prekindergarten [programs] program shall be expanded to include programs for children whose family income exceeds the federal Head Start limits or who are in an underserved or unserved age category. After determining the increase in income limits or age level that would make children most in need of state programs eligible for them, the State Board of Education may direct expenditure of any unexpended or unobligated funds appropriated for the biennium for eligible children to be expended for the additional children considered to be most in need. In the following biennium, the State Board of Education shall include the cost of any added program for the children most in need in its biennial budget.

SECTION 19. ORS 329.190 is amended to read:

329.190. The Department of Education and the Department of Community Colleges and Workforce Development 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 as considered necessary by the Department of Education and the Department of Community Colleges and Workforce Development to assist with the establishment of the [approved] Oregon prekindergarten [and parent-as-teacher programs] program.

SECTION 20. ORS 329.195 is amended to read:

329.195. (1) The State Board of Education shall adopt rules for the establishment of the Oregon prekindergarten [and parent-as-teacher programs] program. Rules specifically shall require the Oregon prekindergarten [programs] program to provide for parental involvement and performance standards at a level no less than that provided under the federal Head Start program guidelines. Federal Head Start program guidelines shall be considered as guidelines for the Oregon prekindergarten program.

(2) In developing rules for the Oregon prekindergarten [and parent-as-teacher programs] program, the board shall consult with the advisory committee 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 and the Department of Community Colleges and Workforce Development shall review applications for [both] the Oregon prekindergarten [and parent-as-teacher programs] 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 State Board of Education 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 21. ORS 329.200 is amended to read:

329.200. (1) The Superintendent of Public Instruction shall report to the Legislative Assembly on the merits of continuing and expanding the Oregon prekindergarten [and parent-as-teacher programs] program or instituting other means of providing early childhood development assistance.

(2) The superintendent’s report shall include specific recommendations on at least the following issues:

(a) The [relationships] relationship of the state-funded Oregon prekindergarten [and parent-as-teacher programs] program with the common school system;

(b) The types of children and their needs that [both programs] the program should serve;

(c) The appropriate level of state support for implementing [programs] the program for all eligible children, including related projects to prepare instructors and provide facilities, equipment and transportation;

(d) The state administrative structure necessary to implement [both programs] the program; and

(e) Licensing or indorsement of early childhood teachers.

(3) The Department of Education, in consultation with the Department of Community Colleges and Workforce Development, shall examine, monitor and assess the effectiveness of the Oregon prekindergarten [and parent-as-teacher programs] program. The superintendent shall make biennial reports to the Legislative Assembly on the effectiveness of the [programs] program.

SECTION 22. ORS 329.225 is amended to read:

329.225. (1) The Department of Education shall prepare operating guides for early childhood education programs applicable to programs under ORS 329.215 to 329.235 that are consistent with requirements imposed by the State Board of Education by rule for kindergarten through grade three.

(2) The Department of Education shall review applications for approval of early childhood education programs and may approve those prekindergarten programs after considering:

(a) The educational adequacy and type of program.

(b) The number of children who will be served by the program.

(d) The need for the program in the applying district.

(3) Providers of early childhood education programs shall:

(a) Participate in the planning process under section 9 of this 2001 Act to develop a voluntary local early childhood system plan; and

(b) Coordinate services with other services that are coordinated through the plan. The coordination of services shall be consistent with federal and state law.

NOTE: Sections 23 and 24 were deleted by amendment. Subsequent sections were not renumbered.

SECTION 25. ORS 343.455 is amended to read:

343.455. (1) Oregon prekindergartens, as defined in ORS 329.170 [(3)], shall be responsible for providing early childhood special education as defined in ORS 343.035 (5).

(2) Not less than 10 percent of the population of children served in Oregon prekindergartens shall be children who are eligible to receive early childhood special education.

SECTION 26. 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:

(a) Participate in the planning process under section 9 of this 2001 Act to develop a voluntary local early childhood system plan; and

(b) Coordinate services with other services that are coordinated through the plan. The coordination of services shall be consistent with federal and state law.

[(2)] (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.

[(3)] (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 27. 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 section 9 of this 2001 Act to develop a voluntary local early childhood system plan; and

(b) Coordinate services with other services that are coordinated through the plan. The coordination of services shall be consistent with federal and state law.

[(2)] (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.

QUALITY CHILD CARE

SECTION 28. (1) During the 2001-2003 biennium, the Commission for Child Care shall create a Task Force on Financing Quality Child Care. The commission shall appoint the members of the task force.

(2) The task force shall:

(a) Gather information about the availability of quality child care in this state;

(b) Develop recommendations about how quality child care should fit within the voluntary statewide early childhood system created under ORS 417.748;

(c) Develop recommendations about how to provide financial support for quality child care; and

(d) Develop recommendations on long-term planning to provide quality child care statewide as driven by local community needs.

(3) The Director of the Employment Department may cause to be employed such persons as are necessary for the performance of the function of the task force. The director shall fix the duties and compensation of such employees.

(4) Members of the Legislative Assembly who serve on the task force shall be entitled to an allowance as authorized by ORS 171.072. Other members of the task force are entitled to compensation and expenses under ORS 292.495. Claims for expenses incurred in performing functions of the task force shall be paid out of funds appropriated for that purpose.

(5) All agencies, departments and officers of this state are directed to assist the task force in the performance of its functions and to furnish such information and advice as the members of the task force consider necessary.

(6) Official action by the task force shall require the approval of a majority of the members of the task force. All legislation recommended by official action of the task force must indicate that it is introduced at the request of the task force. Such legislation shall be prepared in time for presession filing pursuant to ORS 171.130.

(7) The task force shall report its findings and recommendations to the Commission for Child Care and the interim legislative committees with responsibility for matters relating to children and families not later than October 1, 2002.

SECTION 29. ORS 657A.030 is amended to read:

657A.030. (1) The Child Care Division of the Employment Department shall establish a Criminal History Registry.

(2) All subject individuals shall be enrolled in the Criminal History Registry established by the division.

(3) Upon receiving an application for enrollment in the Criminal History Registry, the division shall complete a criminal records check pursuant to ORS 181.537 and shall complete a child protective services records check with the State Office for Services to Children and Families. 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

(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 Criminal History 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 Criminal History 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 Criminal History 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 [or parent-as-teacher 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 Criminal History Registry by any state agency.

REPEALS

SECTION 30. ORS 329.180 is repealed.

CAPTIONS

SECTION 31. The unit captions used in this 2001 Act are provided only for 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 2001 Act.

OPERATIVE PROVISIONS

SECTION 32. Sections 1 to 4, 6, 7, 9, 12a, 12b, 13a and 28 of this 2001 Act, the amendments to ORS 329.170, 329.175, 329.183, 329.185, 329.190, 329.195, 329.200, 329.225, 343.455, 343.475, 343.495, 417.305, 417.725, 417.735, 417.748, 417.775, 417.788, 417.790, 417.795 and 657A.030 by sections 5, 10 to 12, 13, 14 to 27 and 29 of this 2001 Act and the repeal of ORS 329.180 by section 30 of this 2001 Act become operative only if Senate Bill 5527 becomes law.

EMERGENCY CLAUSE

SECTION 33. 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 27, 2001

Filed in the office of Secretary of State July 27, 2001

Effective date July 27, 2001

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