71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to A-Eng. HB 2950
LC 3624/HB 2950-A2
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2950
By COMMITTEE ON JUDICIARY
May 24
On page 1 of the printed A-engrossed bill, line 2, after ' ORS'
insert '137.303, 418.746, 418.751, 418.780, 418.784, 418.786,
418.788, 418.790, 418.796 and'.
On page 3, after line 32, insert:
' { + SECTION 4. + } ORS 418.746 is amended to read:
' 418.746. (1) The Child Abuse Multidisciplinary Intervention
Account is established separate and distinct from the General
Fund. Interest earned, if any, shall inure to the benefit of the
account. All moneys deposited in the account are continuously
appropriated to the { - State Office for Services to Children
and Families - } { + Department of Justice + } for the purposes
of ORS 418.751 and this section.
' (2) { - By January 1, 1995, and by January 1 of each year
thereafter, the State Office for Services to Children and
Families - } { + The department + }, with the advice of the
Advisory Council on Child Abuse Assessment, created by ORS
418.784, { - and the advisory council on child abuse created
pursuant to the requirements of the Children's Justice Act
(Public Law 99-401, Title I), - } shall disburse moneys from the
Child Abuse Multidisciplinary Intervention Account to eligible
county multidisciplinary child abuse teams formed under ORS
418.747 and public and private agencies serving the counties from
which the moneys were collected. { + The Attorney General or the
Attorney General's designee is the administrator of the Child
Abuse Multidisciplinary Intervention Account. + } The moneys
shall be allocated by the same { + formula as, + } or
{ - similar - } { + a formula similar to, the + } formula used
by the Attorney General for equitable distribution of the fund
for victim's assistance programs under ORS 147.227 (1). Moneys
allocated under this subsection may not be used as replacement
revenues for currently available funds previously allocated by
the county for child abuse intervention.
' (3) The { - State Office for Services to Children and
Families - } { + department + } shall determine eligibility of
the applicants and:
' (a) Allocate funds if the program is deemed eligible;
' (b) Conditionally allocate funds, with appropriate
conditions, when necessary to establish eligibility; or
' (c) Deny funding.
' (4) In making the eligibility determination, the { - State
Office for Services to Children and Families - } { +
department + } shall consider the following nonexclusive list of
factors:
' (a) Whether the program substantially furthers the goals and
purposes of ORS 418.747, 418.790 and 418.792;
' (b) Whether the county multidisciplinary child abuse team has
properly allocated other available funds;
' (c) Any evaluations of previously funded programs as required
by subsection (7) of this section;
' (d) The extent to which the county's coordinated child abuse
multidisciplinary intervention plan provides for comprehensive
services to the victims of child abuse; and
' (e) Whether the funds are being used as replacement revenues
as prohibited by subsection (2) of this section.
' (5)(a) Each year, the county multidisciplinary child abuse
team shall submit to the { - State Office for Services to
Children and Families - } { + department + } a coordinated
child abuse multidisciplinary intervention plan. The plan must:
' (A) Describe all sources of funding, other than moneys that
may be distributed from the Child Abuse Multidisciplinary
Intervention Account, and including in-kind contributions that
are available for the intervention plan;
' (B) Describe how the plan provides for comprehensive services
to the victims of child abuse, including assessment, advocacy and
treatment; and
' (C) Include the county's written protocol and agreements
required by ORS 418.747 (2).
' (b) When submitting the intervention plan, the county
multidisciplinary child abuse team shall also submit:
' (A) Those applications for funding received from public and
private agencies under subsection (6) of this section that the
team determines best meet the needs of the county's intervention
plan and a recommendation that the applications for funding be
granted; and
' (B) If the team is seeking funding from the Child Abuse
Multidisciplinary Intervention Account, an application setting
forth such information as is required by rule of the { - State
Office for Services to Children and Families - } { +
department + }.
' (6) A public or private agency wishing to apply for funding
from the Child Abuse Multidisciplinary Intervention Account shall
submit an application to the county multidisciplinary child abuse
team for the county in which the public or private agency
proposes to provide services. The application shall:
' (a) Describe the program offered by the agency and the
anticipated outcomes in terms of benefits to children and
families; and
' (b) Indicate how the program furthers the goals and purposes
of ORS 418.747, 418.790 and 418.792.
' (7)(a) An agency that is awarded money under this section
shall submit an annual report to the county multidisciplinary
child abuse team and to the { - State Office for Services to
Children and Families - } { + department + }. A county
multidisciplinary child abuse team that is awarded money under
this section shall submit an annual report to the { - State
Office for Services to Children and Families - } { +
department + }.
' (b) The reports must document how the money was utilized and
describe to what extent the program was able to meet anticipated
outcomes in terms of benefits to children and families.
' (c) A county multidisciplinary child abuse team receiving a
report from an agency under this section shall use the report in
making future recommendations regarding allocation of moneys.
' (d) The { - State Office for Services to Children and
Families - } { + department + } shall use reports received
under this section to make future eligibility and allocation
decisions and to evaluate programs funded under this section.
' (8) Two or more county multidisciplinary child abuse teams
may join together to develop joint child abuse multidisciplinary
intervention plans. The joint plans shall be submitted as
provided in subsection (5) of this section.
' { - (9) The administrative costs of this program may not
exceed five percent of the revenues deposited in the Child Abuse
Multidisciplinary Intervention Account annually. - }
' { - (10) - } { + (9) + } The { - State Office for
Services to Children and Families - } { + department + } may
adopt rules necessary to carry out the provisions of ORS 418.751
and this section including, but not limited to, the following:
' (a) Notices and time limits for applications;
' (b) Method of review and the role of advisory bodies; and
' (c) Reallocation of moneys not applied for or disbursed.
' { - (11) - } { + (10) + } Notwithstanding subsection (2)
of this section, of the moneys received by the Child Abuse
Multidisciplinary Intervention Account under ORS 137.303, an
amount equal to .9989 percent of all moneys distributed from the
Criminal Fine and Assessment Account to any recipients under ORS
137.303 shall be transferred to the account created under ORS
418.796 and expended to create a statewide system of regional
assessment centers as provided under ORS 418.780 to 418.796.
' { + SECTION 5. + } ORS 418.751 is amended to read:
' 418.751. (1) The State Office for Services to Children and
Families, as provided in ORS 418.749, { + and the Department of
Justice + } shall { - insure - } { + ensure + } that training
and education are provided for persons, other than law
enforcement officers, who are required to investigate allegations
of child abuse. The State Office for Services to Children and
Families { + and the Department of Justice + } shall consult
with the State Commission on Children and Families in assessing
the grant funding that might be distributed to enhance and
support training and continuing education for the
multidisciplinary teams.
' (2) The State Office for Services to Children and Families
{ + and the Department of Justice + } shall work with the Board
on Public Safety Standards and Training to { - insure - }
{ + ensure + } that the training that is offered to persons
under subsection (1) of this section and ORS 418.749 is
coordinated with the training given to law enforcement officers.
' { + SECTION 6. + } ORS 418.780 is amended to read:
' 418.780. The Legislative Assembly recognizes a serious need
for the adequate assessment of children who are victims of child
abuse. No child in this state should be denied access to a
complete child abuse medical assessment because of an inability
to pay. The cost of not assessing and treating abused children
thoroughly is too high. The purpose of ORS 418.780 to 418.796 is
to establish { + and maintain + } sufficient regional assessment
centers and community assessment services in Oregon to ensure
that every child reasonably suspected to have been subjected to
child abuse receives a skilled, complete and therapeutic child
abuse medical assessment.
' { + SECTION 7. + } ORS 418.784 is amended to read:
' 418.784. (1) There is created the Advisory Council on Child
Abuse Assessment, consisting of at least nine members appointed
by the Assistant Director for Health, who shall serve as an ex
officio member of the council. The council shall direct the
administrator of the Child Abuse Multidisciplinary Intervention
Account on administering funds to establish { + and maintain + }
regional assessment centers or community assessment services
under ORS 418.780 to 418.796.
' (2) Of the members appointed to the council:
' (a) One member shall be an employee of the State Office for
Services to Children and Families;
' (b) One member shall be a physician licensed to practice
medicine in Oregon and who specializes in children and families;
' (c) One member shall be a person having experience dealing
with child abuse;
' (d) One member shall be a district attorney or the designee
of a district attorney;
' (e) One member shall be an employee of a law enforcement
agency, in addition to the member who is a district attorney or
the designee of a district attorney;
' (f) One member shall be from an operating regional assessment
center; and
' (g) At least three members shall be citizens with appropriate
interest in advocating for the medical interest of abused
children.
' (3) The members of the council are not entitled to
compensation or expenses.
' (4) The council shall elect one of its members to serve as
chairperson, for such terms and with such duties and powers as
the council determines.
' (5) The council shall meet at least once every three months
at a place, day and hour determined by the council.
' (6) A majority of the members of the council constitutes a
quorum for the transaction of business.
' { + SECTION 8. + } ORS 418.786 is amended to read:
' 418.786. To accomplish the purpose described in ORS 418.780,
with the assistance of the Advisory Council on Child Abuse
Assessment, the administrator of the Child Abuse
Multidisciplinary Intervention Account shall develop and
administer a grant program to establish { + and maintain + }
regional and community assessment centers under ORS 418.780 to
418.796.
' { + SECTION 9. + } ORS 418.788 is amended to read:
' 418.788. (1) Subject to the availability of funds under the
provisions of ORS 418.796, the administrator of the Child Abuse
Multidisciplinary Intervention Account shall make grants for the
establishment { + and maintenance + } of community or regional
assessment centers.
' (2) The governing body of a county may apply to the
administrator of the Child Abuse Multidisciplinary Intervention
Account for a grant to establish { + and maintain + } a
community or regional assessment center under ORS 418.780 to
418.796. In the absence of an application by the governing body
of the county, application may be made by any public or private
entity in the county. The administrator of the Child Abuse
Multidisciplinary Intervention Account may consolidate
applications from more than one county or may return the
application with the recommendation that the application be
consolidated.
' (3) The administrator of the Child Abuse Multidisciplinary
Intervention Account shall by rule establish criteria for
awarding grants to establish { + and maintain + } community or
regional assessment centers under ORS 418.780 to 418.796,
including but not limited to:
' (a) Expenses eligible for reimbursement from funds under ORS
418.796;
' (b) The extent to which the applicant's proposed assessment
center will best accomplish the purposes of ORS 418.780 to
418.796;
' (c) The extent to which an applicant meets criteria for
receiving a grant to establish { + and maintain + } community or
regional assessment centers;
' (d) For regional assessment centers, geography, population
and proximity to major transportation routes; and
' (e) Availability of sufficiently trained staff and
state-of-the-art equipment to complete child abuse assessments.
' (4) The administrator of the Child Abuse Multidisciplinary
Intervention Account shall not be required to fund any grant in
the total amount requested in the application.
' { + SECTION 10. + } ORS 418.796 is amended to read:
' 418.796. { - (1) - } The Advisory Council on Child Abuse
Assessment may solicit and accept contributions of funds and
assistance from the United States, its agencies or from other
sources, public or private, and agree to conditions thereon not
inconsistent with the purposes of ORS 418.780 to 418.796. All
such funds are to aid in financing the functions of the advisory
council and the purposes of ORS 418.780 to 418.796 and shall be
deposited in the General Fund of the State Treasury to the credit
of a separate account and shall be disbursed by the administrator
of the Child Abuse Multidisciplinary Intervention Account created
under ORS 418.746 for the purposes of ORS 418.780 to 418.796 in
the same manner as funds otherwise appropriated.
' { - (2) The administrative cost chargeable against the
account created under this section may not exceed five percent of
the revenues deposited in that account annually. - }
' { + SECTION 11. + } { + Section 12 of this 2001 Act is
added to and made a part of ORS 418.780 to 418.796. + }
' { + SECTION 12. + } { + Once each year, a community or
regional assessment center established under ORS 418.780 to
418.796 shall submit a report to the Department of Justice
describing how the center has met the purposes of ORS 418.780 to
418.796. The department may prescribe by rule a form for the
report. + }
' { + SECTION 13. + } ORS 137.303 is amended to read:
' 137.303. (1) The Department of Revenue is responsible for
ensuring that moneys in the Criminal Fine and Assessment Account
are properly distributed and shall distribute the moneys monthly
according to the following formula:
' (a) 15.0949 percent of moneys in the account shall be
transferred to the Police Standards and Training Account
established under ORS 181.690.
' (b) 8.4537 percent of moneys in the account shall be
transferred to the Criminal Injuries Compensation Account
established under ORS 147.225.
' (c) 4.0834 percent of moneys in the account shall be
transferred to the Intoxicated Driver Program Fund established
under ORS 813.270.
' (d) 46.9869 percent of moneys in the account shall be
transferred to the General Fund to be used for general
governmental expenses.
' (e) 2.2640 percent of the moneys in the account shall be
reserved to be distributed as provided in ORS 137.305.
' (f) 2.6652 percent of the moneys in the account shall be
transferred to the Department of State Police and is continuously
appropriated to the department.
' (g) 0.7597 percent of moneys in the account shall be
transferred to the Department of State Police and is continuously
appropriated to the department for the purpose of enhanced
enforcement of traffic laws against drivers of commercial motor
vehicles.
' (h) 8.4537 percent of the moneys in the account shall be
transferred to the Child Abuse Multidisciplinary Intervention
Account established in ORS 418.746.
' (i) 0.8515 percent of the moneys in the account shall be
transferred to the Domestic Violence Fund established under ORS
108.660.
' (j) 3.3388 percent of the moneys in the account shall be
transferred to the Department of State Police and is continuously
appropriated to the department for the purpose of performing
forensic laboratory analyses and maintaining the forensic
services implied consent unit.
' (k) 1.1599 percent of the moneys in the account shall be
transferred to the Domestic Violence Fund established under ORS
108.660 and is continuously appropriated for the purposes of ORS
108.620 (1)(a) to (c).
' (L) 0.4352 percent of the moneys in the account shall be
transferred to the Safety Education Fund created by ORS 802.155.
' (m) 1.9896 percent of the moneys in the account shall be
transferred to the subaccount established pursuant to section 36
(1), chapter 1084, Oregon Laws 1999, or a successor subaccount,
account or fund.
' (n) 2.0781 percent of moneys in the account shall be
transferred to the Emergency Medical Services Enhancement Account
established under ORS 442.625.
' (o) 0.6927 percent of the moneys in the account shall be
transferred to the Sexual Assault Victims Fund established under
ORS 409.285.
' (p) 0.6927 percent of the moneys in the account shall be
transferred to the Public Safety Memorial Fund established by ORS
243.950.
' (2) The Department of Revenue shall report to the { - State
Office for Services to Children and Families - } { + Department
of Justice + } monthly on the amount of moneys transferred to the
Child Abuse Multidisciplinary Intervention Account under
subsection (1)(h) of this section. In making the report, the
Department of Revenue shall specify the amount of moneys received
from the state courts in each county and from each city court.
' { + SECTION 14. + } ORS 418.790 is amended to read:
' 418.790. Each application for funds to establish { + or
maintain + } a regional assessment center shall include:
' (1) A description of how the services of the proposed
regional assessment center are to be delivered, including but not
limited to:
' (a) A coordinated investigation of child abuse allegations;
' (b) A child abuse medical assessment;
' (c) A neutral, nonintrusive videotaped interview pursuant to
interviewing guidelines adopted by the Advisory Council on Child
Abuse Assessment;
' (d) Mental health treatment or referral for mental health
treatment, if indicated as necessary by the assessments; and
' (e) A complete written report of the assessment results.
' (2) A description of any interagency agreements, as required
by ORS 418.747, with the State Office for Services to Children
and Families, local law enforcement agencies, other regional
assessment centers or other agencies involved in child abuse
cases.
' (3) A description of procedures to be followed in the
proposed regional assessment center, including but not limited
to:
' (a) The contents, availability and distribution of written
reports for each assessment;
' (b) The availability of regional assessment center staff to
testify in cases involving alleged abuse of children evaluated by
the assessment center or service;
' (c) Coordination with child witness programs and other child
advocacy groups; and
' (d) The level of support available to the regional assessment
center through in-kind contributions from the community.
' (4) Evidence indicating that the applicant has
state-of-the-art equipment and adequately trained staff to
perform child abuse medical assessments and interviews, including
but not limited to:
' (a) A medical examiner who is trained in the evaluation,
diagnosis and treatment of child abuse and who is a physician
licensed to practice medicine in Oregon by the Board of Medical
Examiners for the State of Oregon; and
' (b) An interviewer who has an advanced academic degree in
human services or who has comparable training and experience.
' (5) A description of where the regional assessment center is
to be located, including but not limited to a hospital, medical
clinic or other appropriate public or private entity. However,
the proposed center shall not be located in an office of the
State Office for Services to Children and Families or in the
office of any law enforcement agency.
' (6) If the applicant is to receive funding as a regional
assessment center, the application shall also include:
' (a) Evidence of the region to be served and that the center
is to be located so as to be reasonably accessible to community
assessment services in the region; and
' (b) Evidence that the applicant has a sufficiently trained
staff to provide education, training, consultation, technical
assistance and referral services for community assessment
services in the region.
' { + SECTION 15. + } { + The amendments to ORS 418.746 by
section 4 of this 2001 Act are intended to transfer the
responsibilities for the administration of the Child Abuse
Multidisciplinary Intervention Account and programs related to
the account from the State Office for Services to Children and
Families to the Department of Justice. + }
' { + SECTION 16. + } { + The Assistant Director for
Services to Children and Families, whose duties, functions and
powers related to the Child Abuse Multidisciplinary Intervention
Account are transferred by this 2001 Act to the Department of
Justice, shall deliver to the Attorney General all records and
property within the jurisdiction of the assistant director that
relate to the duties, functions and powers so transferred. The
Attorney General shall take possession of such property. Any
dispute as to transfers of property under this section shall be
resolved by the Governor, and the Governor's decision is
final. + }
' { + SECTION 17. + } { + Any proceeding, action,
prosecution or other business or matter undertaken or commenced
before the effective date of this 2001 Act by the State Office
for Services to Children and Families with respect to the duties,
functions or powers transferred to the Department of Justice by
this 2001 Act, and still pending on the effective date of this
2001 Act, may be conducted and completed by the department in the
same manner, under the same terms and conditions and with the
same effect as though undertaken, conducted or completed by the
state office before the transfer. + }
' { + SECTION 18. + } { + The Department of Justice, to
which duties, functions and powers are assigned and transferred
by this 2001 Act, is considered to be a continuation of the State
Office for Services to Children and Families with respect to such
duties, functions and powers, and not a new authority, for the
purpose of succession to all rights and obligations of the state
office as constituted at the time of such assignment or transfer,
except as otherwise provided by this 2001 Act, with the same
force and effect as if such duties, functions and powers had not
been assigned or transferred. + } ' .
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