71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2068
 
                         House Bill 2645
 
Sponsored by Representative CARLSON; Representatives BARNHART,
  BOWMAN, HANSEN, KAFOURY, KING, KNOPP, KRUSE, MORGAN, V WALKER,
  Senators CLARNO, FISHER
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Directs State Commission on Children and Families to establish
relief nurseries statewide.
  Creates planning and advisory committee to make recommendations
on establishing relief nurseries statewide.
  Appropriates moneys from General Fund to State Commission on
Children and Families for relief nurseries.
  Declares emergency, effective July 1, 2001.
 
                        A BILL FOR AN ACT
Relating to relief nurseries; creating new provisions; amending
  ORS 417.735 and 417.788 and section 23, chapter 1053, Oregon
  Laws 1999; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 417.788 is amended to read:
  417.788. (1)  { + The State Commission on Children and Families
shall establish relief nurseries statewide through + } local
commissions on children and families { +  as funding becomes
available. + }
  { - may - }  { +  Local commissions shall + } 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 involve the parents of children served by the relief
nurseries. Programs at the relief nurseries shall include:
  (a) Therapeutic early childhood education programs; and
  (b) Parent education, training and support.
  (2) 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 2.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the State Commission on
Children and Families, for the biennium beginning July 1, 2001,
out of the General Fund, the total amount of $5,750,000, which
may be expended for the following relief nursery programs and
purposes: + }
 
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
 
   { +
(1Euge....................$990,000
  (2) Cottage Grove........ 400,000
  (3) Multnomah County....1,270,000
  (4) Marion County........ 990,000
  (5) Douglas County....... 600,000
  (6) Deschutes County..... 500,000
  (7) Two new relief nurseri500,000
  (8) Eastern Oregon Mobile
      Nursery.............. 200,000
  (9) State commission
      administration....... 140,000
  (10)Evaluation...........  60,000
  (11)Replication.......100,000 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
  SECTION 3. Section 23, chapter 1053, Oregon Laws 1999, is
amended to read:
   { +  Sec. 23. + } In addition to any relief nurseries that
exist on the effective date of this   { - 1999 - }  { +  2001 + }
Act, during the   { - 1999-2001 - }  { +  2001-2003 + } biennium,
the State Commission on Children and Families
  { - may - }  { +  shall + } select two additional local
commissions on children and families to establish relief
nurseries that are consistent with   { - section 22 of this 1999
Act - }   { + ORS 417.788 + }. The additional relief nurseries
must be a provision of the approved local coordinated
comprehensive plan prior to being established.
  SECTION 4.  { + (1) During the 2001-2003 biennium, the
Assistant Director for Services to Children and Families, the
Director of the Department of Corrections and the staff director
of the State Commission on Children and Families shall appoint a
planning and advisory committee to make recommendations on how
best to establish relief nurseries statewide.
  (2) In making their appointments, the assistant director,
director and staff director shall ensure that the planning and
advisory committee reflects the diversity of communities
throughout the state. The assistant director, director and staff
director shall appoint a total of 11 members as follows:
  (a) Three members of the Oregon Association of Relief
Nurseries;
  (b) Six representatives of relief nursery boards of directors,
including representatives from the business community who serve
on relief nursery boards of directors; and
  (c) Two representatives of local commissions on children and
families or their staffs.
  (3) In addition to the members appointed under subsection (2)
of this section, the planning and advisory committee shall have
the following members:
  (a) The Chief Justice of the Supreme Court or the Chief
Justice's designee;
  (b) Two judges appointed by the Chief Justice of the Supreme
Court;
  (c) The staff director of the State Commission on Children and
Families or the staff director's designee;
  (d) The Director of the Department of Corrections or the
director's designee;
  (e) The Assistant Director for Services to Children and
Families or the assistant director's designee; and
  (f) A member of the Legislative Assembly appointed jointly by
the Speaker of the House of Representatives and the President of
the Senate.
 
  (4) The assistant director, director and staff director shall
jointly designate one facilitator for the planning and advisory
committee.
  (5) A member of the planning and advisory committee shall be
entitled to compensation and expenses as provided in ORS 292.495.
Claims for expenses incurred in performing functions of the
committee shall be paid by the state commission.
  (6) The state commission and the department shall provide staff
support for the planning and advisory committee. The state
commission shall provide funds to cover other administrative
costs of the committee.
  (7) No later than October 1, 2002, the planning and advisory
committee shall submit a report containing its recommendations to
the Legislative Assembly, the Governor, the Chief Justice of the
Supreme Court and the State Commission on Children and
Families. + }
  SECTION 5. 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 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
  (C) Review of state expenditures of resources allocated to the
local commissions on children and families.
  (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) Establish relief nurseries statewide, pursuant to ORS
417.788; + }
    { - (c) - }  { +  (d) + } 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;
  (C) Planning;
  (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) - }  { +  (e) + } Conduct research and disseminate
information to local commissions on children and families;
    { - (e) - }  { +  (f) + } Negotiate federal waivers in
consultation with the Department of Human Services; and
    { - (f) - }  { +  (g) + } 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) - }  { + (5)(f) + } 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 6.  { + 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. + }
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