71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SB 364
 
LC 671/SB 364-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 364
 
            By COMMITTEE ON HEALTH AND HUMAN SERVICES
 
                              May 2
 
  On page 1 of the printed bill, line 15, after 'concerns '
insert 'regarding the Department of Human Services' actions'.
  Delete line 19.
  On page 2, delete lines 5 through 45.
  On page 3, delete lines 1 through 11 and insert:
  '  { +  SECTION 3. + } ORS 417.815 is amended to read:
  ' 417.815. (1) The  { + Office of + } Children's
 { - Ombudsman - }  { +  Advocate + } shall be accessible through
 { - the - }   { + a + } state toll-free telephone line
  { - established pursuant to ORS 417.805 - }   { + and through
other electronic and written forms of communication + } and
shall:
  ' (a) Initiate or participate in activities relating to
  { - disseminating information on child sexual abuse - }
 { + the dissemination of information about child abuse and
neglect + } detection, prosecution, prevention and education.
  ' (b) Cooperate with the State Office for Services to Children
and Families and law enforcement officials in performing duties
under ORS 418.747 to 418.749 and 419B.005 to 419B.050 when the
investigation involves alleged child   { - sexual - }  abuse { +
and neglect + }.
  '  { - (c) Assist the court appointed special advocate under
ORS 419A.170 when the juvenile court proceedings involve a child
sexual abuse victim or a child as the alleged perpetrator of
child sexual abuse. - }
  '  { - (d) - }   { + (c) + } Provide technical assistance in
the development and implementation of state and local programs
that relate to child   { - sexual - }  abuse { +  and
neglect + }.
  '  { - (e) Collect and analyze data on child sexual abuse
detection, prosecution, prevention and education. - }
  '  { +  (d) In cooperation with the Department of Human
Services, objectively review the department's systems for
handling child abuse and neglect cases.
  ' (e) Collect, organize and analyze data of the Office of
Children's Advocate to discern general patterns and trends,
chronic problems and other systemic difficulties in the
detection, reporting, investigation, prosecution and resolution
of cases of child abuse and neglect.
  ' (2) The Office of Children's Advocate shall:
  ' (a) Review any complaint regarding the department's
involvement in a specific child abuse or neglect case, unless
there is a current adequate remedy for the grievance stated in
the complaint;
  ' (b) Make any appropriate referrals at the time it receives
the complaint or during its review process;
  ' (c) Inform the complainant of the dissemination of the
complaint;
 
 
  ' (d) Inform the appropriate agency of the office's intention
to review the agency's action, unless it is believed that advance
notice will unduly hinder the review; and
  ' (e) Conduct a review when appropriate, and inform the
department of the results of the review, including any
recommendations the Children's Advocate believes would resolve
any case or any systemic issues identified in the review. Upon
receipt of the recommendations of the Children's Advocate, the
department shall implement the recommendations or give the
Children's Advocate written notice of an intent not to implement
the recommendations. + }
  '  { - (2) - }   { + (3) + } If the  { + Office of + }
Children's   { - Ombudsman - }  { +  Advocate + } has knowledge
of confidential information relating to a child involved or
allegedly involved in child   { - sexual - }  abuse { +  or
neglect + }, such information shall remain confidential from
public disclosure.  However, the   { - ombudsman - }
 { + office + } shall be subject to legal mandates in ORS 418.747
to 418.749 and 419B.005 to 419B.050.
  '  { +  (4) A person who files a complaint or participates in
any investigation or proceeding under this section or ORS 417.805
shall not be:
  ' (a) Subject to any penalties, sanctions or restrictions
imposed by the Department of Human Services or connected with the
person's employment; or
  ' (b) Denied any right, privilege or benefit because of such
action.
  ' (5) If deemed necessary by the Children's Advocate for the
purposes of carrying out the duties of the Office of Children's
Advocate, the office may conduct criminal records checks on
subject individuals pursuant to ORS 181.537 through the Law
Enforcement Data System maintained by the Department of State
Police or through a qualified vendor. + } ' .
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