Chapter 905 Oregon Laws 2001

AN ACT

SB 659

Relating to State Commission on Children and Families; amending ORS 3.250, 169.090, 417.735, 417.845, 419A.014, 419A.047, 419A.048, 419C.453, 420.014 and 420A.012; repealing ORS 419A.044; and declaring an emergency.

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

SECTION 1. 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)(a) 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.

(b) The state commission shall provide technical assistance and research-based information to local commissions to support the development of county goals and outcomes for services and programs.

(c) The state commission may withhold funds from a local commission if services and programs funded through the local commission do not meet appropriate outcomes.

(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 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 2. ORS 169.090 is amended to read:

169.090. (1) The Director of the Department of Corrections shall publish and distribute a manual of recommended guidelines for the operation of local correctional facilities and lockups as developed by a jail standards committee appointed by the director. This manual shall be revised when appropriate with consultation and advice of the Oregon State Sheriffs' Association, the Oregon Association of Chiefs of Police, Association of Oregon Counties, the League of Oregon Cities and other appropriate groups and agencies and will be redistributed upon the approval of the Governor.

(2) The [State Commission on Children and Families] Juvenile Crime Prevention Advisory Committee and the Department of Corrections shall develop guidelines pertaining to the operation of juvenile detention facilities, as defined in ORS 169.005 (2). Guidelines shall be revised by the [commission] Juvenile Crime Prevention Advisory Committee and the Department of Corrections, whenever appropriate. The guidelines shall be included in the manual published and distributed under subsection (1) of this section. However, the [commission] Juvenile Crime Prevention Advisory Committee may choose to publish and distribute the guidelines independently.

SECTION 3. ORS 419A.014 is amended to read:

419A.014. The juvenile department of a county shall report annually to the [State Commission on Children and Families] Oregon Criminal Justice Commission the frequency with which juveniles are held in preadjudicative detention and the duration of the detention.

SECTION 4. ORS 419A.047 is amended to read:

419A.047. (1) The state shall provide financial assistance to the counties [which apply therefor by January 1 of the fiscal year] for the implementation of local coordinated comprehensive plans from funds appropriated for that purpose for court services, as defined in ORS 3.250.

(2) [Prior to April 1 of each odd-numbered year, the State Commission on Children and Families] The Oregon Youth Authority shall determine each county's estimated percentage share of the amount to be appropriated for the purposes of this [subsection] section. Such determination shall be based upon each county's respective share of resident juveniles under the age of 18.

(3) The numbers of resident juveniles under the age of 18 for each county shall be certified to the [State Commission on Children and Families] Oregon Youth Authority by January 1 of each odd-numbered year by the Center for Population Research and Census.

SECTION 5. ORS 419A.048 is amended to read:

419A.048. Any court with juvenile court jurisdiction that receives financial assistance under ORS 419A.044 to 419A.048 shall comply with fiscal reporting procedures [as] developed and approved by the [State Commission on Children and Families] Oregon Youth Authority.

SECTION 6. ORS 419C.453 is amended to read:

419C.453. Pursuant to hearing, the juvenile court may order a youth 12 years of age or older placed in a detention facility for youths for a specific period of time not to exceed eight days, in addition to time already spent in the facility, unless a program plan that is in conformance with standards established by the [State Commission on Children and Families] Oregon Criminal Justice Commission has been filed with and approved by the commission, in which case the youth may be held in detention for a maximum of 30 days in addition to time already spent in the facility, when:

(1) The youth has been found to be within the jurisdiction of the juvenile court by reason of having committed an act which would be a crime if committed by an adult; or

(2) The youth has been placed on formal probation for an act which would be a crime if committed by an adult, and has been found to have violated a condition of that probation.

SECTION 7. ORS 420.014 is amended to read:

420.014. (1) The total population of youth offenders confined in the youth correction facilities may not exceed the design capacity of the facilities designated for close custody purposes by the Director of the Oregon Youth Authority. The total population limit shall include offenders in the youth correction facility who were waived by the juvenile court to be prosecuted as adults or who were prosecuted as adults under ORS 137.707.

(2) The director by rule shall determine reasonable standards for care and treatment of youth offenders housed in youth correction facilities. Within the total limit established under subsection (1) of this section, the Director of the Oregon Youth Authority shall establish and impose a maximum allowable population level for each youth correction facility. The maximum allowable population shall not exceed the design capacity for the facility and shall be further limited by the ability of the facility to meet the standard of care and treatment established by rule under this subsection, protect communities, hold youth offenders accountable for their behavior and improve the competency of youth offenders to become responsible and productive members of their communities.

(3) The director by rule shall establish criteria upon which the decision to place a youth in a youth correction facility must be based, and which, in turn, shall be based upon behaviors and characteristics of youths otherwise eligible for commitment to a youth correction facility.

(4) After conferring with the juvenile court judges [and the State Commission on Children and Families], the director shall develop and implement by rule, a method of controlling admissions to the youth correction facilities so as not to exceed maximum levels determined under subsections (1) and (2) of this section.

SECTION 8. ORS 420A.012 is amended to read:

420A.012. (1) [No later than January 1, 1996,] The Oregon Youth Authority, in consultation with [the State Commission on Children and Families and] the Oregon Juvenile Department Directors' Association, shall adopt one or more definitions of recidivism and establish a recidivism reporting system applicable to youth offenders. The definition must be designed to address outcomes including, but not limited to, community safety and rehabilitation.

(2) [Prior to March 1, 1996, and annually thereafter,] The juvenile department of a county annually shall submit to the Oregon Youth Authority, in the form established under subsection (1) of this section, statistical data relating to the recidivism of delinquent youths experienced by the county during the previous year.

(3) [Prior to April 1, 1996, and annually thereafter,] The Oregon Youth Authority shall publish [a] an annual comprehensive report that includes the data provided by the counties under subsection (2) of this section and similar data that measures the recidivism of youths supervised by the youth authority who are on probation or parole.

(4) The Oregon Youth Authority shall cooperate and, to the extent of available information systems resources, shall share data with the Department of Corrections to enable the department to track youth offenders who later enter the adult corrections system and to assess the effect of juvenile corrections on future criminal conduct that occurs during and after supervision by the Oregon Youth Authority and county juvenile departments. The Department of Corrections shall manage data under this subsection in a manner consistent with the confidentiality of juvenile court records and the effectiveness of orders of expunction.

SECTION 9. ORS 417.845 is amended to read:

417.845. (1) The Juvenile Crime Prevention Advisory Committee is created within the Oregon Criminal Justice Commission.

(2) The committee shall have the following members:

(a) The Director of the Oregon Youth Authority or a designee of the director;

(b) The staff director of the State Commission on Children and Families or a designee of the staff director;

(d) The Assistant Director for Alcohol and Drug Abuse Programs or a designee of the assistant director;

(e) The executive director of the Oregon Criminal Justice Commission or a designee of the executive director;

(f) The Superintendent of Public Instruction or a designee of the superintendent;

(g) The Superintendent of State Police or a designee of the superintendent;

(h) The Director of the Department of Corrections or a designee of the director;

(i) One designee of the Governor;

(j) One member appointed by the President of the Senate, who shall be a member of the Senate and who shall be a nonvoting, advisory member;

(k) One member appointed by the Speaker of the House of Representatives, who shall be a member of the House of Representatives and who shall be a nonvoting, advisory member; and

(L) One designee of the Chief Justice of the Supreme Court from the Judicial Department who serves as [an ex officio] a nonvoting member to provide information and support the partnership role of the courts in an effective comprehensive statewide approach to high-risk youth and their families.

(3) In addition to the members listed in subsection (2) of this section, the Governor shall appoint the following members who shall be representative of the geographic and cultural diversity of the state:

(a) To represent local public and private entities:

(A) A county commissioner;

(B) A local juvenile director;

(D) Two law enforcement officials;

(E) A county mental health director;

(F) An alcohol and drug abuse professional;

(G) A school superintendent;

(H) A private youth service provider; and

(I) An elected city official;

(b) A researcher;

(d) Other members as determined by the Governor.

(4) Each member of the committee appointed by the Governor under subsection (3) of this section shall serve a term of four years. Members appointed by the Governor shall serve at the pleasure of the Governor. A vacancy in the office of any member appointed by the Governor under subsection (3) of this section shall be filled by the Governor by appointment for the unexpired term.

(5) The Governor shall select one of the members of the committee as chairperson and one of its members as vice chairperson.

(6) The committee shall meet at times, places and intervals deemed advisable by a majority of the members.

(7) The Oregon Criminal Justice Commission shall provide staff support to the committee.

SECTION 10. ORS 3.250 is amended to read:

3.250. As used in ORS 3.250 to 3.280 [and 419A.044], unless the context requires otherwise:

(1) “Child” means a person under 18 years of age.

(2) “Court services” includes but is not limited to services and facilities relating to intake screening, juvenile detention, shelter care, investigations, study and recommendations on disposition of cases, probation on matters within the jurisdiction of the court under ORS 3.260, family counseling, conciliation in domestic relations, group homes, and psychological or psychiatric or medical consultation and services provided at the request of or under the direction of the court, whether performed by employees of the court, by other government agencies or by contract or other arrangement.

SECTION 11. ORS 419A.044 is repealed.

SECTION 12. 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 August 3, 2001

Filed in the office of Secretary of State August 3, 2001

Effective date August 3, 2001

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