71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         House Bill 2950
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to juveniles; creating new provisions; and amending ORS
  137.303, 418.746, 418.751, 418.780, 418.784, 418.786, 418.788,
  418.790, 418.796 and 419B.115.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 419B.115 is amended to read:
  419B.115. (1) Parties to proceedings in the juvenile court
under ORS 419B.100 and { + , except as provided in paragraph (g)
of this subsection, under ORS  + }419B.500 are:
  (a) The minor child { + . + }   { - ; - }
  (b) The legal parents or guardian of the child { + . + }
 { - ; - }
  (c) The state { + . + }   { - ; - }
  (d) The juvenile department { + . + }   { - ; - }
  (e) A court appointed special advocate, if appointed { + . + }
 { - ; - }
  (f) The State Office for Services to Children and Families or
other child-caring agency if the agency has temporary custody of
the child { + . + }   { - ; and - }
  (g) An intervenor who   { - petitions or files a motion on the
basis of a child-parent relationship under ORS 109.119. - }  { +
is granted intervention under section 3 of this 2001 Act. An
intervenor under this paragraph is not a party to a proceeding
under ORS 419B.500.
  (h) An Indian tribe that has intervened in the case under the
Indian Child Welfare Act, 25 U.S.C. 1901 to 1923. + }
  (2) The rights of the parties include, but are not limited to:
  (a) The right to notice of the proceeding and copies of the
pleadings;
  (b) The right to appear with counsel and { + , except for
intervenors under subsection (1)(g) of this section, + } to have
counsel appointed as otherwise provided by law;
  (c) The right to call witnesses, cross-examine witnesses and
participate in hearings;
  (d) The right of appeal; and
  (e) The right to request a hearing.
  (3)(a)  { + The court may grant rights of limited participation
to + } persons who are not parties under subsection (1) of this
section { + . + }
  { - may petition the court for rights of limited participation.
The petition must be filed and - }   { + A person seeking rights
of limited participation must file a motion for limited
participation and an affidavit. The affidavit must be + } served
 
 
Enrolled House Bill 2950 (HB 2950-B)                       Page 1
 
 
 
on all parties no later than two weeks before a proceeding in the
case in which participation is sought. The   { - petition - }
 { +  affidavit + } must state:
  (A) The reason the participation is sought;
  (B) How the person's involvement is in the best interest of the
child or the administration of justice;
  (C) Why the parties cannot adequately present the case; and
  (D) What specific relief is being sought.
  (b) If the court   { - finds that the petition is well founded,
the court may grant - }   { + grants the motion, the + } rights
of limited participation   { - as - }  { +  are those + }
specified   { - by - }  { +  in + } the court { +  order + }.
  (c) Persons   { - petitioning - }  { +  moving + } for rights
of limited participation are not entitled to court-appointed
counsel { +  but may appear with retained counsel + }.
  (4) If a foster parent, preadoptive parent or relative is
currently providing care for a child, the State Office for
Services to Children and Families shall give the foster parent,
preadoptive parent or relative notice of a hearing concerning the
child and the court shall give the person an opportunity to be
heard. Except as provided in subsection (1) of this section, the
foster parent, preadoptive parent or relative providing care for
the child   { - shall - }  { +  is + } not   { - be - }
considered a party to the juvenile court proceeding solely
because of notice and an opportunity to be heard.
   { +  (5) When a legal grandparent of a child requests in
writing and provides a mailing address, the State Office for
Services to Children and Families shall give the legal
grandparent notice of a hearing concerning the child and the
court shall give the legal grandparent an opportunity to be
heard. Except as provided in subsection (1) of this section, a
legal grandparent is not considered a party to the juvenile court
proceeding solely because of notice and an opportunity to be
heard. + }
  SECTION 2.  { + Section 3 of this 2001 Act is added to and made
a part of ORS chapter 419B. + }
  SECTION 3.  { + (1)(a) As used in this section, 'caregiver
relationship' means a relationship between a person and a child:
  (A) That has existed:
  (i) During the year preceding the initiation of the dependency
proceeding;
  (ii) For at least six months during the dependency proceeding;
or
  (iii) For half of the child's life if the child is less than
six months of age;
  (B) In which the person had physical custody of the child or
resided in the same household as the child;
  (C) In which the person provided the child on a daily basis
with the love, nurturing and other necessities required to meet
the child's psychological and physical needs; and
  (D) On which the child depended to meet the child's needs.
  (b) 'Caregiver relationship' does not include a relationship
between a child and a person who is the nonrelated foster parent
of the child unless the relationship continued for a period
exceeding 12 months.
  (2) A person asserting that the person has a caregiver
relationship with a child may file a motion for intervention in a
juvenile dependency proceeding.
  (3) Filing a motion under subsection (2) of this section is the
sole means by which a person may intervene in a juvenile
 
 
Enrolled House Bill 2950 (HB 2950-B)                       Page 2
 
 
 
dependency proceeding. An order granting intervention under this
section is exclusively for juvenile dependency proceedings and
does not confer standing or rights of intervention in any other
action. Intervention is not allowed in proceedings under ORS
419B.500.
  (4) A motion for intervention must state:
  (a) The person's relationship to the child and the person's
involvement in the child's life;
  (b) The reason that intervention is sought;
  (c) How the person's intervention is in the best interests of
the child and aids the court in carrying out the purposes of ORS
chapter 419B;
  (d) Why the existing parties cannot adequately present the
case; and
  (e) What specific relief is being sought.
  (5) A person moving to intervene in a case must prove by a
preponderance of the evidence that:
  (a) A caregiver relationship exists between the person and the
child;
  (b) The intervention is in the best interests of the child;
  (c) Intervention aids the court in carrying out the purposes of
ORS chapter 419B;
  (d) The reason for intervention and the specific relief sought
are consistent with the best interests of the child; and
  (e) The existing parties cannot adequately protect the best
interests of the child without the intervention.
  (6) If the court finds that the motion for intervention is well
founded, the court may grant the intervention or may grant rights
of limited participation.
  (7)(a) A person granted intervention is a party to the case
and, except as provided in paragraphs (b) and (c) of this
subsection, may be granted such relief as the court determines to
be appropriate and in the best interests of the child.
  (b) At any time, a person granted intervention or a person with
rights of limited participation may move to be considered a
temporary placement or visitation resource for the child.
  (c) At any time after a court has determined at a permanency
hearing that the permanent plan for the child should be something
other than to return home, a person granted intervention may move
to be considered the permanent placement resource for the child.
  (8) The court may modify or set aside any order granting
intervention or limited participation as provided in ORS
419B.420, 419B.423 and 419B.426. + }
  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
 
 
Enrolled House Bill 2950 (HB 2950-B)                       Page 3
 
 
 
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
 
 
Enrolled House Bill 2950 (HB 2950-B)                       Page 4
 
 
 
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.
 
 
 
Enrolled House Bill 2950 (HB 2950-B)                       Page 5
 
 
 
  (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 + }
 
 
 
Enrolled House Bill 2950 (HB 2950-B)                       Page 6
 
 
 
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
 
 
Enrolled House Bill 2950 (HB 2950-B)                       Page 7
 
 
 
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.
 
 
 
Enrolled House Bill 2950 (HB 2950-B)                       Page 8
 
 
 
  (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
 
 
 
Enrolled House Bill 2950 (HB 2950-B)                       Page 9
 
 
 
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. + }
                         ----------
 
 
Passed by House April 19, 2001
 
Repassed by House June 1, 2001
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 30, 2001
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
Enrolled House Bill 2950 (HB 2950-B)                      Page 10
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2950 (HB 2950-B)                      Page 11