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 157
A-Engrossed
House Bill 3330
Ordered by the House May 3
Including House Amendments dated May 3
Sponsored by Representatives WESTLUND, HILL; Representatives
KNOPP, LEE
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.
Establishes { + Outdoor + } Youth Program { + Advisory + }
Board.
Requires licensure for operation of { + outdoor + } youth
programs.
{ - Imposes maximum of 30 days' imprisonment or $1,000 fine, or
both, for violation of requirement. - } { + Requires person who
provides outfitting and guiding services for outdoor youth
program to furnish proof of current child-caring agency license
for outdoor youth programs. + }
Appropriates moneys to { + Department of Human Services for
licensure of outdoor youth programs. + } { - Youth Program
Board from General Fund for administrative expenses. - }
{ + Declares emergency, effective July 1, 2001. + }
A BILL FOR AN ACT
Relating to youth programs; creating new provisions; amending ORS
418.205; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 418.205 is amended to read:
418.205. As used in ORS 418.205 to 418.310 and 418.992 to
418.998, unless the context requires otherwise:
(1) 'Child' means an unmarried person under 18 years of age.
(2)(a) 'Child-caring agency' means any private agency or
private organization providing:
(A) Day treatment for disturbed children;
(B) Adoption placement services;
(C) Residential care, including but not limited to foster care
or residential treatment for children; { - or - }
{ + (D) Outdoor youth programs; or + }
{ - (D) - } { + (E) + } Other similar services for
children.
(b) 'Child-caring agency' does not include residential homes or
facilities or foster care homes certified or licensed by the
Mental Health and Developmental Disability Services Division.
{ + (3)(a) 'Outdoor youth program' means a program that
provides, in an outdoor living setting, services to children who
have behavioral problems, mental health problems or problems with
abuse of alcohol or drugs.
(b) 'Outdoor youth program' does not include any program,
facility or activity:
(A) Operated by a governmental entity;
(B) Operated or affiliated with the Oregon Youth Conservation
Corps; or
(C) Licensed by the State Office for Services to Children and
Families under other authority of the office. + }
{ - (3) - } { + (4) + } 'Private' means not owned, operated
or administered by any governmental agency or unit.
SECTION 2. { + Sections 3 to 8 of this 2001 Act are added to
and made a part of ORS 418.205 to 418.310. + }
SECTION 3. { + (1) There is established the Outdoor Youth
Program Advisory Board for the purpose of providing advice to the
State Office for Services to Children and Families on licensing
outdoor youth programs as child-caring agencies. The office shall
consult with the board on the licensure of outdoor youth programs
as child-caring agencies prior to the adoption of rules and on a
regular basis.
(2) The board shall provide advice to the office in the
following areas:
(a) Policies adopted by the office regarding outdoor youth
programs;
(b) Requirements for treatment programs provided by outdoor
youth programs;
(c) Requirements for behavior management by outdoor youth
programs;
(d) Requirements for health and safety; and
(e) Any other requirements the office imposes on outdoor youth
programs.
(3) The board shall be appointed by the Governor and consist
of:
(a) Three members who are providers of outdoor youth programs
or employed by outdoor youth programs;
(b) Two members of the general public; and
(c) One member from an agency that regulates public lands.
(4) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor. A member is eligible for reappointment. If there is a
vacancy for any cause, the Governor shall make an appointment to
become immediately effective for the unexpired term.
(5) The appointment of a member of the board is subject to
confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565.
(6) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495.
(7) The office shall provide the board with the necessary
clerical and support staff to assist the board in carrying out
the responsibilities of the board. + }
SECTION 4. { + Notwithstanding the term of office specified by
section 3 of this 2001 Act, of the members first appointed to the
Outdoor Youth Program Advisory Board:
(1) One shall serve for a term ending June 30, 2002.
(2) One shall serve for a term ending June 30, 2003.
(3) Two shall serve for terms ending June 30, 2004.
(4) Two shall serve for terms ending June 30, 2005. + }
SECTION 5. { + (1) The Outdoor Youth Program Advisory Board
shall select one of its members as chairperson and another as
vice chairperson, for such terms and with duties and powers
necessary for the performance of the functions of such offices as
the board determines.
(2) A majority of the members of the board constitutes a quorum
for the transaction of business.
(3) The board shall meet at times and places specified by the
call of the chairperson or of a majority of the members of the
board. + }
SECTION 6. { + (1) In addition to any requirements for
licensure established by the State Office for Services to
Children and Families, each outdoor youth program that is
applying for licensure as a child-caring agency shall file with
the office a bond in the amount of $50,000 or 50 percent of the
program's yearly budget, whichever amount is less. The bond shall
be issued by a surety company or an insured institution, as
defined in ORS 706.008, authorized to do business in this state.
(2) The bond required under subsection (1) of this section
shall be continuous until canceled and shall remain in full force
and unimpaired at all times to comply with this section. The
surety or insured institution shall give the office at least 30
days' written notice before it cancels or terminates its
liability under the bond.
(3) An action on the bond may be brought by any person
aggrieved by the misconduct of an outdoor youth program required
to be licensed under ORS 418.205 to 418.310. + }
SECTION 7. { + (1) On and after January 1, 2002, any person
operating an outdoor youth program shall be required to have a
license from the State Office for Services to Children and
Families as a child-caring agency.
(2) Prior to December 1, 2001, the State Office for Services to
Children and Families shall adopt rules for licensing outdoor
youth programs as child-caring agencies. + }
SECTION 8. { + (1) Prior to January 1, 2002, the State Office
for Services to Children and Families and the Outdoor Youth
Program Advisory Board shall report to the Emergency Board on the
rules adopted by the office on licensure of outdoor youth
programs.
(2) Prior to July 1, 2002, the State Office for Services to
Children and Families and the Outdoor Youth Program Advisory
Board shall report to the Emergency Board on the licensure of
outdoor youth programs.
(3) The State Office for Services to Children and Families and
the Outdoor Youth Program Advisory Board shall report to the
Seventy-second Legislative Assembly on the licensure of outdoor
youth programs. + }
SECTION 9. { + Section 10 of this 2001 Act is added to and
made a part of ORS chapter 704. + }
SECTION 10. { + In addition to meeting the requirements in ORS
704.020, any person who provides outfitting and guiding services
for outdoor youth programs, as defined in ORS 418.205, shall
furnish proof of a current child-caring agency license for
outdoor youth programs from the State Office for Services to
Children and Families prior to being registered as an outfitter
and guide. + }
SECTION 11. { + Section 10 of this 2001 Act becomes operative
on January 1, 2002. + }
SECTION 12. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of Human
Services, for the biennium beginning July 1, 2001, out of the
General Fund, the amount of $___, which may be expended by the
State Office for Services to Children and Families for the
licensure of outdoor youth programs as child-caring agencies. + }
SECTION 13. { + 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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