71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to A-Eng. SB 126
 
LC 626/SB 126-A5
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 126
 
                    By COMMITTEE ON JUDICIARY
 
                             May 30
 
  On page 1 of the printed A-engrossed bill, line 2, after the
semicolon delete the rest of the line and insert 'creating new
provisions; and amending ORS 419A.004, 419C.449 and 419C.570.'.
  On page 2, line 5, restore the bracketed material and delete '
determine'.
  After line 10, insert:
  '  { +  SECTION 3. + } ORS 419A.004 is amended to read:
  ' 419A.004. As used in this chapter and ORS chapters 419B and
419C, unless the context requires otherwise:
  ' (1) 'CASA Volunteer Program' means a program approved or
sanctioned by the juvenile court to recruit, train and supervise
volunteer persons to serve as court appointed special advocates.
  ' (2) 'Child' means a person within the jurisdiction of the
juvenile court as provided in ORS 419B.100.
  ' (3) 'Child care center' means a residential facility for the
care and supervision of children that is licensed under the
provisions of ORS 418.240.
  ' (4) 'Community service' has the meaning given that term in
ORS 137.126.
  ' (5) 'Conflict of interest' means a person appointed to a
local citizen review board who has a personal or pecuniary
interest in a case being reviewed by that board.
  ' (6) 'Counselor' means a juvenile department counselor.
  ' (7) 'Court' means the juvenile court.
  ' (8) 'Court appointed special advocate' or 'CASA' means a
person appointed by the court pursuant to a CASA Volunteer
Program to act as special advocate for a child pursuant to ORS
419A.170.
  ' (9) 'Court facility' has the meaning given that term in ORS
166.360.
  ' (10) 'Detention' or 'detention facility' means a facility
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063 for the detention of dependent children or delinquent
youth pursuant to a judicial commitment or order.
  ' (11) 'Director' means the director of a juvenile department
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063.
  ' (12) 'Guardian' means guardian of the person and not guardian
of the estate.
  ' (13) 'Indian child' means any unmarried person less than 18
years of age who is:
  ' (a) A member of an Indian tribe;
  ' (b) Eligible for membership in an Indian tribe and is the
biological child of a member of an Indian tribe; or
  ' (c) Covered by the terms of an Indian Child Welfare Act
agreement between Oregon and an Indian tribe.
  ' (14) 'Juvenile court' means the court having jurisdiction of
juvenile matters in the several counties of this state.
  ' (15) 'Local citizen review board' means the board specified
by ORS 419A.090 and 419A.092.
  ' (16) 'Office' means the State Office for Services to Children
and Families.
  ' (17) 'Parent' means the biological or adoptive mother of the
child and the legal or adoptive father of the child. A legal
father includes:
  ' (a) A nonimpotent, nonsterile man who was cohabiting with his
wife, who is the mother of the child, at the time of conception;
  ' (b) A man married to the mother of the child at the time of
birth, where there is no decree of separation and the presumption
of paternity has not been disputed;
  ' (c) A biological father who marries the mother of the child
after the birth of the child;
  ' (d) A biological father who has established or declared
paternity through filiation proceedings or under ORS 416.400 to
416.470; and
  ' (e) A biological father who has, with the mother, established
paternity through a voluntary acknowledgment of paternity under
ORS 109.070.
  ' (18) 'Permanent foster care' means an out-of-home placement
in which there is a long-term contractual foster care agreement
between the foster parents and the State Office for Services to
Children and Families that is approved by the juvenile court and
in which the foster parents commit to raise a foster child until
the age of majority.
  ' (19) 'Planned permanent living arrangement' means an
out-of-home placement other than by adoption, placement with a
relative or placement with a legal guardian that is consistent
with the case plan and in the best interests of the child.
  ' (20) 'Public building' has the meaning given that term in ORS
166.360.
  ' (21) 'Reasonable time' means a period of time that is
reasonable given a child's emotional and developmental needs and
ability to form and maintain lasting attachments.
  ' (22) 'Records' means any information in written form,
pictures, photographs, charts, graphs, recordings or documents
pertaining to a case.
  ' (23) 'Resides' or 'residence,' when used in reference to the
residence of a child or youth, means the place where the child or
youth is actually living or the jurisdiction in which wardship of
the child or youth has been established.
  ' (24) 'Restitution' has the meaning given that term in ORS
137.103.
  ' (25) 'Serious physical injury' means:
  ' (a) A serious physical injury as defined in ORS 161.015; or
  ' (b) A physical injury that:
  ' (A) Has a permanent or protracted significant effect on a
child's daily activities;
  ' (B) Results in substantial and recurring pain; or
  ' (C) In the case of a child under 10 years of age, is a broken
bone.
  ' (26) 'Shelter care' means a home or other facility suitable
for the safekeeping of a child who is taken into temporary
custody pending investigation and disposition where the
circumstances are such that the child does not need to be kept in
secure custody.
  ' (27) 'Short-term detention facility' means a facility
established under ORS 419A.050 (3) for holding youths pending
further placement.
  ' (28) 'Substitute care' means an out-of-home placement
directly supervised by the office or other agency, including
placement in a foster family home, group home or other child
caring institution or facility. 'Substitute care' does not
include care in:
  ' (a) A detention facility, forestry camp or youth correction
facility;
 
  ' (b) A family home which the court has approved as a child's
permanent placement, where a private child caring agency has been
appointed guardian of the child and where the child's care is
entirely privately financed; or
  ' (c) In-home placement subject to conditions or limitations.
  ' (29) 'Surrogate' means a person appointed by the court to
protect the right of the child to receive procedural safeguards
with respect to the provision of free appropriate public
education.
  ' (30) 'Tribal court' means a court with jurisdiction over
child custody proceedings and that is either a Court of Indian
Offenses, a court established and operated under the code of
custom of an Indian tribe or any other administrative body of a
tribe that is vested with authority over child custody
proceedings.
  ' (31) 'Youth' means a person under 18 years of age who is
alleged to have committed an act that is a violation, or, if done
by an adult would constitute a violation, of a law or ordinance
of the United States or a state, county or city.
  ' (32) 'Youth care center' has the meaning given that term in
ORS 420.855.
  ' (33) 'Youth offender' means a person   { - who has been found
to be within the jurisdiction of the juvenile court under ORS
419C.005 for an act committed by the person when the person was
at least 12 years of age and under 18 years of age - }   { + at
least 12 years of age who has been found to be within the
jurisdiction of the juvenile court under ORS 419C.005 for an act
committed when the person was under 18 years of age + }.
  '  { +  SECTION 4. + }  { + Sections 5 and 6 of this 2001 Act
are added to and made a part of ORS chapter 419C. + }
  '  { +  SECTION 5. + }  { + (1) Following a review of a police
report and other relevant information, a county juvenile
department may refer a youth to an authorized diversion program
if the youth is eligible to enter into a formal accountability
agreement under ORS 419C.230.
  ' (2) An authorized diversion program may include a youth
court, mediation program, crime prevention or chemical substance
abuse education program or other program established for the
purpose of providing consequences and reformation and preventing
future delinquent acts. + }
  '  { +  SECTION 6. + }  { + (1) An organization may establish
and operate a youth court only with the agreement and cooperation
of a county juvenile department. To establish a youth court, the
organization and the county juvenile department must enter into a
written agreement that:
  ' (a) Describes the types of cases that may be referred to the
youth court;
  ' (b) Establishes protocols for handling the cases, including
time limits to be observed; and
  ' (c) Establishes data collection and outcome reporting
requirements.
  ' (2) A youth court in existence on the effective date of this
2001 Act may continue to operate in the form in which it exists
on the effective date of this 2001 Act.
  ' (3) A youth court may be described by other terms including,
but not limited to, a peer court, teen court or peer jury. + } '
.
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