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 671
Senate Bill 364
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of Human Services)
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 as
introduced.
Changes name of Office of Children's Ombudsman to Office of
Children's Advocate. Transfers office from State Commission on
Children and Families to Department of Human Services. Directs
office to maintain telephone line for citizens to voice concerns
and complaints about children and families issues.
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
Relating to Office of Children's Ombudsman; creating new
provisions; amending ORS 409.010, 417.805, 417.810, 417.815,
417.825 and 419B.035; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 417.805 is amended to read:
417.805. { - (1) Subject to the availability of funds under
subsection (2) of this section, the State Commission on Children
and Families - } { + The Office of Children's Advocate + }
shall { - cause to have installed - } { + maintain + } a
state toll-free telephone line { + , the purpose of which is to
allow citizens to: + } { - that may be used in child abuse
situations to provide to persons who request such information
referrals to local counseling and legal assistance. - }
{ - (2) The commission may accept contributions of funds from
any source to meet the costs of the installation described in
subsection (1) of this section. - }
{ + (1) Access information and be referred to the appropriate
services in matters of child abuse and neglect.
(2) Voice concerns in matters of child abuse and neglect when
there is no other form of investigative recourse.
(3) Have a single place to file complaints concerning the
actions and conduct of the State Office for Services to Children
and Families.
(4) Voice concerns about children and families issues. + }
SECTION 2. ORS 417.810 is amended to read:
417.810. (1) { - Subject to the availability of funds under
ORS 417.805 (2), - } The Office of Children's
{ - Ombudsman - } { + Advocate + } is established in the
{ - State Commission on Children and Families - } { +
Department of Human Services + }. The { - Governor - }
{ + Director of Human Services + } shall appoint the
{ - Children's Ombudsman for a four-year term. Any vacancy shall
be filled within 60 days. The appointment is subject to
confirmation by the Senate under ORS 171.562 and 171.565. - }
{ + Children's Advocate. The Children's Advocate shall serve at
the pleasure of the director.
(2) Subject to available funds, the Children's Advocate may
hire staff to carry out the duties and responsibilities of the
Office of Children's Advocate and shall prescribe their duties
and fix their compensation subject to state personnel laws. + }
{ - (2) - } { + (3) + } The Children's { - Ombudsman - }
{ + Advocate + } shall be a person who has background and
experience either in law enforcement with particular emphasis on
crimes involving child victims or in social work with particular
emphasis on child { - sexual - } abuse { + and neglect + }.
SECTION 3. ORS 417.815 is amended to read:
417.815. (1) { + (a) + } The { + Office of + } Children's
{ - Ombudsman - } { + Advocate + } shall be accessible through
the state toll-free telephone line established pursuant to ORS
417.805 { + and through other electronic and written forms of
communication + } and shall:
{ - (a) - } { + (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) - } { + (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 existing investigative entities,
objectively review state and local systems for handling child
abuse and neglect cases.
(E) Collect, organize and analyze data from various
investigative entities 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.
(b) For purposes of this subsection, 'investigative entities'
includes, but is not limited to:
(A) The State Office for Services to Children and Families;
(B) Citizen review boards;
(C) Court appointed special advocates;
(D) Any citizen's representative office established by the
Governor;
(E) Local interagency and multidisciplinary teams established
under ORS 418.747;
(F) The statewide interdisciplinary team established under ORS
418.748; and
(G) Any other cooperative associations or citizen groups.
(2) The Office of Children's Advocate shall:
(a) Review any complaint that deals with an appropriate
subject, 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; and
(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. + }
{ - (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 a qualified vendor. + }
SECTION 4. ORS 417.825 is amended to read:
417.825. In addition to any other fees provided by law, a $1
fee on the original filing and duplication of birth certificates,
adoption filing and divorce filing shall be collected by the
agency responsible for collecting the issuance or filing fee and
the money dedicated to child { - sexual - } abuse { + and
neglect + } prevention and intervention programs and to the
{ + Office of + } Children's
{ - Ombudsman - } { + Advocate + } pursuant to { - ORS
417.400 to 417.490 (1991 Edition) - } { + ORS 417.805 to
417.815 + }. The money shall be credited to the
{ - commission - } { + Office of Children's Advocate in the
Department of Human Services + } by the { - person - }
{ + agency + } collecting the fee.
SECTION 5. ORS 419B.035 is amended to read:
419B.035. (1) Notwithstanding the provisions of ORS 192.001 to
192.170, 192.210 to 192.505 and 192.610 to 192.990 relating to
confidentiality and accessibility for public inspection of public
records and public documents, reports and records compiled under
the provisions of ORS 419B.010 to 419B.050 are confidential and
are not accessible for public inspection. However, the State
Office for Services to Children and Families shall make records
available to:
(a) Any law enforcement agency or a child abuse registry in any
other state for the purpose of subsequent investigation of child
abuse;
(b) Any physician, at the request of the physician, regarding
any child brought to the physician or coming before the physician
for examination, care or treatment;
(c) Attorneys of record for the child or child's parent or
guardian in any juvenile court proceeding;
(d) Citizen review boards established by the Judicial
Department for the purpose of periodically reviewing the status
of children, youths and youth offenders under the jurisdiction of
the juvenile court under ORS 419B.100 and 419C.005. Citizen
review boards may make such records available to participants in
case reviews;
(e) A court appointed special advocate in any juvenile court
proceeding in which it is alleged that a child has been subjected
to child abuse or neglect; { - and - }
(f) The Child Care Division for certifying, registering or
otherwise regulating child care facilities { + ; and
(g) The Office of Children's Advocate + }.
(2) The State Office for Services to Children and Families may
make reports and records available to any person, administrative
hearings officer, court, agency, organization or other entity
when the office determines that such disclosure is necessary to
administer its child welfare services and is in the best
interests of the affected child, or that such disclosure is
necessary to investigate, prevent or treat child abuse and
neglect, to protect children from abuse and neglect or for
research when the assistant director gives prior written
approval. The office shall adopt rules setting forth the
procedures by which it will make the disclosures authorized under
this subsection and subsection (1) of this section. The names,
addresses or other identifying information about the person who
made the report shall not be disclosed pursuant to this
subsection and subsection (1) of this section.
(3) Any record made available to a law enforcement agency in
this state or to a physician in this state, as authorized by
subsections (1) and (2) of this section, shall be kept
confidential by the agency or physician. Any record or report
disclosed by the office to other persons or entities pursuant to
subsections (1) and (2) of this section shall be kept
confidential.
(4) No officer or employee of the State Office for Services to
Children and Families or any person or entity to whom disclosure
is made pursuant to subsections (1) and (2) of this section shall
release any information not authorized by subsections (1) and (2)
of this section.
(5) A person who violates subsection (3) or (4) of this section
commits a Class A violation.
SECTION 6. ORS 409.010 is amended to read:
409.010. (1) The Department of Human Services is created.
(2) The department shall provide programs for the delivery to
the public of services relating to public assistance, children
and families, health and health-related affairs, mental health
and developmental disabilities, vocational rehabilitation,
elderly persons, disabled persons, including persons with
traumatic brain injuries, alcohol and drug abuse and such other
services as may be assigned to the department. Family support
services provided by the department shall be delivered in
accordance with the principles described in ORS 417.342 and
417.344.
(3) The department shall provide the programs and services
enumerated in subsection (2) of this section through the
divisions and other organizational units, including but not
limited to the following:
(a) The Adult and Family Services Division;
(b) The State Office for Services to Children and Families;
(c) The Mental Health and Developmental Disability Services
Division;
(d) The Vocational Rehabilitation Division;
(e) The Health Division;
(f) The Senior and Disabled Services Division; { - and - }
(g) Alcohol and Drug Abuse Programs { + ; and
(h) The Office of Children's Advocate + }.
(4) The department shall be the recipient of all federal funds
paid or to be paid to the state to enable the state to provide
the programs and services assigned to the department.
SECTION 7. { + On the effective date of this 2001 Act, the
Office of Children's Advocate is transferred from the State
Commission on Children and Families to the Department of Human
Services. + }
SECTION 8. { + The State Commission on Children and Families
shall deliver to the Department of Human Services all records and
property within the jurisdiction of the commission that relate to
the duties, functions and powers of the Office of Children's
Advocate, and shall transfer to the Department of Human Services
those employees engaged primarily in the exercise of the duties,
functions and powers of the Office of Children's Advocate. The
Director of Human Services, to whom such delivery and transfer is
made, shall take possession of such property, and shall take
charge of such employees and employ them in the exercise of their
duties, functions and powers assigned or transferred by section 7
of this 2001 Act, without reduction of compensation but subject
to change or termination of employment or compensation as
provided by law. Any dispute as to transfers of property or
employees under this section shall be resolved by the Governor,
and the Governor's decision is final. + }
SECTION 9. { + All unexpended moneys appropriated or otherwise
available to the State Commission on Children and Families for
the purposes of any of its duties, functions or powers related to
the Office of Children's Advocate and transferred by section 7 of
this 2001 Act to the Department of Human Services are
appropriated to the department for the Office of Children's
Advocate. + }
SECTION 10. { + Any proceeding, action, prosecution or other
business or matter undertaken or commenced before the effective
date of this 2001 Act by the State Commission on Children and
Families, with respect to the duties, functions or powers of the
Office of Children's Advocate transferred to the Department of
Human Services by section 7 of 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 commission before the
transfer. + }
SECTION 11. { + Nothing in sections 7 to 14 of this 2001 Act
relieves any person of any obligation with respect to a tax, fee,
fine or other charge, interest, penalty, forfeiture or other
liability, duty or obligation. + }
SECTION 12. { + The Department of Human Services, to which
duties, functions and powers relating to the Office of Children's
Advocate are assigned and transferred by section 7 of this 2001
Act, is considered to be a continuation of the State Commission
on 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 Commission
on Children and Families as constituted at the time of such
assignment or transfer, except as otherwise provided by sections
7 to 14 of this 2001 Act, with the same force and effect as if
such duties, functions and powers had not been assigned or
transferred. + }
SECTION 13. { + (1) Whenever, in any law or resolution of the
Legislative Assembly or in any rule, document, record or
proceeding authorized thereby, reference is made to the State
Commission on Children and Families, or employee thereof, whose
duties, functions or powers are assigned or transferred by
section 7 of this 2001 Act, except as otherwise provided in
sections 7 to 14 of this 2001 Act, such reference is considered
to describe the Office of Children's Advocate, or employee
thereof, that is charged by sections 7 to 14 of this 2001 Act
with carrying out such duties, functions and powers.
(2) The lawful rules of the State Commission on Children and
Families, with respect to duties, functions or powers of the
Office of Children's Advocate assigned or transferred by section
7 of this 2001 Act, continue in effect until superseded or
rescinded by rules lawfully adopted by the Department of Human
Services, to which was transferred the duty, function or power to
which the rules apply. + }
SECTION 14. { + A transfer of duties, functions, powers,
rights, records, property, employees or moneys by section 7 of
this 2001 Act does not become operative until the Children's
Advocate has been appointed by the Director of Human Services.
Until that time, the former Children's Advocate shall continue to
exercise and perform such duties, functions, powers and rights,
and to have charge of such records, property, employees and
moneys. + }
SECTION 15. { + (1) The amendments to ORS 417.810 by section 2
of this 2001 Act are intended to change the name of the Office of
Children's Ombudsman to the Office of Children's Advocate.
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Office of
Children's Ombudsman, wherever they occur in Oregon Revised
Statutes, other words designating the Office of Children's
Advocate. + }
SECTION 16. { + (1) The amendments to ORS 417.810 by section 2
of this 2001 Act are intended to change the name of the
Children's Ombudsman to the Children's Advocate.
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Children's
Ombudsman, wherever they occur in Oregon Revised Statutes, other
words designating the Children's Advocate. + }
SECTION 17. { + 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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