71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to A-Eng. SB 384
LC 892/SB 384-A24
HOUSE AMENDMENTS TO
A-ENGROSSED SENATE BILL 384
By COMMITTEE ON JUDICIARY
July 5
On page 1 of the printed A-engrossed bill, line 2, after the
semicolon insert 'creating new provisions;' and after ' 417.845'
insert ', 419A.004' and after '419A.048' insert ' , 419A.255,
419B.010, 419C.001'.
In line 3, delete 'and 420A.012' and insert ', 420A.012 and
811.205 and sections 142 and 145, chapter 801, Oregon Laws 1997'.
On page 4, after line 34, insert:
' { + SECTION 11. + } ORS 419A.255 is amended to read:
' 419A.255. (1) The clerk of the court shall keep a record of
each case, including therein the summons and other process, the
petition and all other papers in the nature of pleadings,
motions, orders of the court and other papers filed with the
court, but excluding reports and other material relating to the
child's or youth's history and prognosis. The record of the case
shall be withheld from public inspection but shall be open to
inspection by the child or youth, parent, guardian, court
appointed special advocate, surrogate or a person allowed to
intervene in a proceeding involving the child or youth under ORS
109.119 (1), and their attorneys. The attorneys are entitled to
copies of the record of the case.
' (2) Reports and other material relating to the child's or
youth's history and prognosis are privileged and, except at the
request of the child or youth, shall not be disclosed directly or
indirectly to anyone other than the judge of the juvenile court,
those acting under the judge's direction, service providers in
the case and the attorneys of record for the child or youth or
the child's or youth's parent, guardian, court appointed special
advocate, surrogate or person allowed to intervene in a
proceeding involving the child or youth under ORS 109.119 (1).
Reports and other material relating to a youth offender's history
and prognosis in cases under ORS 419C.005 may be disclosed to the
superintendent of the school district in which the youth offender
resides. The service providers in the case, school
superintendents and attorneys are entitled to examine and obtain
copies of any reports or other material relating to the child's
or youth's history and prognosis. Any service provider in the
case, school superintendent or attorney who examines or obtains
copies of such reports or materials is responsible for preserving
their confidentiality { + . + } { - and - } { + A service
provider or school superintendent who obtains copies of such
reports or materials + } shall return the copies to the court
upon the conclusion of the service provider's { - , - }
{ + or + } superintendent's { - or attorney's - } { +
+ }involvement in the case.
' (3) Except as otherwise provided in subsection (7) of this
section, no information appearing in the record of the case or in
reports or other material relating to the child's or youth's
history or prognosis may be disclosed to any person not described
in subsection (2) of this section without the consent of the
court, except for purposes of evaluating the child's or youth's
eligibility for special education as provided in ORS chapter 343,
and no such information may be used in evidence in any proceeding
to establish criminal or civil liability against the child or
youth, whether such proceeding occurs after the child or youth
has reached 18 years of age or otherwise, except for the
following purposes:
' (a) In connection with a presentence investigation after the
guilt of the youth has been admitted or established in a criminal
court.
' (b) In connection with a proceeding in another juvenile court
concerning the child or youth or an appeal from the juvenile
court.
' (4) If the court finds that the child or youth or parent is
without financial means to purchase all or a necessary part of
the transcript of the evidence or proceedings, the court shall
order upon motion the transcript or part thereof to be furnished.
The transcript or part thereof furnished under this subsection
shall be paid for in the same manner as furnished transcripts are
paid for in criminal cases.
' (5) Notwithstanding any other provision of law, the following
are not confidential and not exempt from disclosure:
' (a) The name and date of birth of the { - child or - }
youth;
' (b) The basis for the juvenile court's jurisdiction over the
{ - child or - } youth;
' (c) The date, time and place of any juvenile court proceeding
in which the { - child or - } youth is involved;
' (d) The act alleged in the petition that if committed by an
adult would constitute a crime if jurisdiction is based on ORS
419C.005;
' (e) That portion of the juvenile court order providing for
the legal disposition of the { - child or - } youth
{ - where - } { + when + } jurisdiction is based on ORS
{ - 419B.100 (1)(g) or - } 419C.005;
' (f) The names and addresses of the youth's parents or
guardians; and
' (g) The register described in ORS 7.020 { + when
jurisdiction is based on ORS 419C.005 + }.
' (6) Notwithstanding any other provision of law, when a youth
has been taken into custody under ORS 419C.080, the following
information shall be disclosed unless, and only for so long as,
there is a clear need to delay disclosure in the course of a
specific investigation, including the need to protect the
complaining party or the victim:
' (a) The youth's name and age and whether the youth is
employed or in school;
' (b) The youth offense for which the youth was taken into
custody;
' (c) The name and age of the adult complaining party and the
adult victim, unless the disclosure of such information is
otherwise prohibited or restricted;
' (d) The identity of the investigating and arresting agency;
and
' (e) The time and place that the youth was taken into custody
and whether there was resistance, pursuit or a weapon used in
taking the youth into custody.
' (7)(a) Information contained in reports and other materials
relating to a child's or youth's history and prognosis that, in
the professional judgment of the juvenile counselor, caseworker,
school superintendent, teacher or detention worker to whom the
information for the reports or other materials has been provided,
indicates a clear and immediate danger to another person or to
society shall be disclosed to the appropriate authority and the
person or entity who is in danger from the child or youth.
' (b) An agency or a person who discloses information under
paragraph (a) of this subsection shall have immunity from any
liability, civil or criminal, that might otherwise be incurred or
imposed for making the disclosure.
' (c) Nothing in this subsection affects the provisions of ORS
146.750, 146.760, 419B.035, 419B.040 and 419B.045. The disclosure
of information under this section does not make the information
admissible in any court or administrative proceeding if it is not
otherwise admissible.
' (8) A county juvenile department is the agency responsible
for disclosing youth offender records and records relating to
nonadjudicated youths if the records are subject to disclosure.
' { + SECTION 12. + } 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; { + or + }
' (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.
' { + SECTION 13. + } { + Section 14 of this 2001 Act is
added to and made a part of ORS chapter 419C. + }
' { + SECTION 14. + } { + If a youth is cited or summoned
for a violation of ORS 471.430 or 475.992 (2)(b) or (4)(f) and
fails to appear, the court may adjudicate the citation or
petition and enter a disposition without a hearing. + }
' { + SECTION 15. + } ORS 419B.010 is amended to read:
' 419B.010. (1) Any public or private official having
reasonable cause to believe that any child with whom the official
comes in contact has suffered abuse or that any person with whom
the official comes in contact has abused a child shall
immediately report or cause a report to be made in the manner
required in ORS 419B.015. Nothing contained in ORS 40.225 to
40.295 shall affect the duty to report imposed by this section,
except that a psychiatrist, psychologist, clergyman or attorney
shall not be required to report such information communicated by
a person if the communication is privileged under ORS 40.225 to
40.295. { + An attorney is not required to make a report under
this section by reason of information communicated to the
attorney in the course of representing a client, if disclosure of
the information would be detrimental to the client.
' (2) Notwithstanding subsection (1) of this section, a report
need not be made under this section if the public or private
official acquires information relating to abuse by reason of a
report made under this section, or by reason of a proceeding
arising out of a report made under this section, and the public
or private official reasonably believes that the information is
already known by a law enforcement agency or the State Office for
Services to Children and Families. + }
' { - (2) - } { + (3) + } A person who violates subsection
(1) of this section commits a Class A violation. Prosecution
under this subsection shall be commenced at any time within 18
months after commission of the offense.
' { + SECTION 16. + } ORS 811.205 is amended to read:
' 811.205. (1) A person commits the offense of carrying a
{ - child - } { + minor + } on an external part of a motor
vehicle if the person carries any { - child - } { + person
under 18 years of age + } upon the hood, fender, running board or
other external part of any motor vehicle that is upon a highway.
' { + (2) For purposes of this section, the open bed of a
motor vehicle is an external part of a vehicle.
' (3) A person does not commit the offense described in this
section if the person:
' (a) Is carrying a minor in the open bed of a motor vehicle
and the minor is secured with a safety belt or safety harness
that complies with rules adopted under ORS 815.055;
' (b) Is operating the motor vehicle in an organized parade; or
' (c) Is carrying a minor who is seated on the floor of the
open bed of a motor vehicle in which all available passenger
seats are occupied by minors, the tailgate is securely closed and
the minor is being transported:
' (A) In the course of employment; or
' (B)(i) Between a hunting camp and a hunting site or between
hunting sites during hunting season; and
' (ii) The minor has a hunting license. + }
' { - (2) - } { + (4) + } The offense described in this
section, carrying a
{ - child - } { + minor + } on an external part of a motor
vehicle, is a Class B traffic violation.
' { + SECTION 17. + } { + The amendments to ORS 811.205 by
section 16 of this 2001 Act become operative on January 1,
2002. + }
' { + SECTION 18. + } ORS 419C.001 is amended to read:
' 419C.001. (1) The Legislative Assembly declares that in
delinquency cases, the purposes of the Oregon juvenile justice
system from apprehension forward are to protect the public and
reduce juvenile delinquency and to provide fair and impartial
procedures for the initiation, adjudication and disposition of
allegations of delinquent conduct. The system is founded on the
principles of personal responsibility, accountability and
reformation within the context of public safety and restitution
to the victims and to the community. The system shall provide a
continuum of services that emphasize prevention of further
criminal activity by the use of early and certain sanctions,
reformation and rehabilitation programs and swift and decisive
intervention in delinquent behavior. The system shall be open and
accountable to the people of Oregon and their elected
representatives.
' (2) { + (a) + } Programs, policies and services shall be
regularly and independently audited as to their effectiveness in
providing public safety and preventing a youth's return to
criminal behavior. The Secretary of State shall select and
oversee the auditors. { + Audits performed under this subsection
must include program audits and performance audits, as defined in
ORS 297.070. Programs, policies and services that were
established before, on or after June 30, 1995, are subject to
audit under this subsection.
' (b) The programs, policies and services of county juvenile
departments may be audited pursuant to this subsection.
' (c) ORS 297.405 to 297.555 do not apply to an audit conducted
pursuant to this subsection.
' (3) To facilitate an audit under subsection (2) of this
section:
' (a) The Secretary of State may subpoena witnesses, require
the production of books and papers and the rendering of reports
in such manner and form as the Secretary of State requires and
may do all things necessary to secure a full and thorough
investigation.
' (b) The custodian of information that the Secretary of State
deems necessary to conduct the audit shall provide the Secretary
of State or the auditor selected by the Secretary of State access
to the information notwithstanding the fact that the information
may be made confidential or access to the information restricted
by ORS 419A.255 or another law. Information obtained by the
Secretary of State or the auditor pursuant to this paragraph and
made confidential by ORS 419A.255 or another law may be used by
the Secretary of State, the officers and employees of the
Secretary of State or the auditor solely for the purpose of
performing the audit required by subsection (2) of this section
and may not be used or disclosed for any other purpose. + }
' { + SECTION 19. + } Section 145, chapter 801, Oregon Laws
1997, is amended to read:
' { + Sec. 145. + } (1) There is appropriated to the
Emergency Board, for the biennium beginning July 1, 1997, out of
the General Fund, the sum of $835,000. The Emergency Board may
allocate any or all of the funds appropriated by this section to
the Oregon Youth Authority for this project in the following
sequence and manner:
' (a) The parties to the intergovernmental agreement described
in section 142 { + , chapter 801, Oregon Laws 1997, + } { - of
this Act - } shall appear before the Emergency Board at the
first meeting of the board after { - the effective date of this
Act - } { + October 4, 1997 + }. The parties shall submit a
copy of the agreement between the parties to the board, and shall
request start-up funds for the purpose of preparing for
implementation of the demonstration project and establishing
community placements and services for the youth to be paroled
from state close custody.
' (b) The parties to the intergovernmental agreement shall
appear before the Emergency Board in January 1998 to describe the
initial phase of the demonstration project, including those youth
to be paroled from close custody into community placements and to
request funds associated with those youth.
' (c) Until such time as the demonstration project is fully
implemented, the parties to the intergovernmental agreement shall
appear quarterly to report as described in section 144 (6) { + ,
chapter 801, Oregon Laws 1997, + } { - of this Act - } and to
request funds for continued implementation of the demonstration
project.
' (d) Contingent upon continued implementation of the regional
intergovernmental agreement and approval of the Legislative
Assembly, the Oregon Youth Authority shall, during subsequent
biennia, continue to include project funds in { - the Central
and Eastern Oregon Juvenile Justice Consortium's diversion
contract - } { + an intergovernmental agreement with Deschutes
County + } through June 30, { - 2003 - } { + 2005 + }. If the
evaluation in { - 2003 - } { + 2002 + } indicates that the
demonstration project has been successful, the Oregon Youth
Authority and Deschutes County may agree to continue the local
system for management of close custody resources beyond the
demonstration period.
' (2) If any of the moneys appropriated to the Emergency Board
under the provisions of this section are not allocated by the
Emergency Board before November 1, 1998, the unallocated moneys
on that date become available for any other purpose for which the
Emergency Board may lawfully allocate funds.
' { + SECTION 20. + } Section 142, chapter 801, Oregon Laws
1997, is amended to read:
' { + Sec. 142. + } (1) The governing body of Deschutes
County may establish a demonstration project that assumes local
management responsibility for certain adjudicated delinquent
youth to reduce reliance on the state's close custody system.
Deschutes County shall include the demonstration project as part
of the regional intergovernmental agreement between the Oregon
Youth Authority, Deschutes County and the Central and Eastern
Oregon Juvenile Justice Consortium as part of the annual
diversion plan for the region as authorized in ORS 420.017. The
guiding principles of the project are to:
' (a) Ensure youth and parental accountability, safety of the
public and consideration of needs and interests of victims;
' (b) Emphasize investments with long-term benefits for public
safety, community justice and the development of healthy,
responsible and educated youths;
' (c) Establish incentives for the county to manage resources
in an effort to reduce the likelihood that local youths will
become wards of the state;
' (d) Maximize community resources and involvement through
greater local responsibility for a continuum of preventative and
remedial services and supports; and
' (e) Demonstrate an effective state and local partnership on
an issue of statewide importance, that of improving outcomes for
youths while reducing the long-term burden on the state's youth
and adult corrections systems of the cost of crime.
' (2) From within the available funding and resources
authorized for this project, an independent entity, agreed upon
by the parties to the agreement, shall conduct an evaluation of
specific results and outcomes as described in the
intergovernmental agreement. The independent entity shall conduct
the evaluation process in consultation with the Oregon Youth
Authority, the Central and Eastern Oregon Juvenile Justice
Consortium, the Oregon Juvenile Department Directors' Association
and the Association of Oregon Counties.
' (3) Deschutes County shall provide interim progress reports
to the Emergency Board, to the legislative committees dealing
with judicial matters and, upon request, to any other interested
legislative committees as part of any request for authorization
for additional phases of the project.
' (4) No later than { - October 1, 2003 - } { + June 30,
2002 + }, the Oregon Youth Authority, Deschutes County and the
Central and Eastern Oregon Juvenile Justice Consortium shall
submit a final evaluation of the project to the Legislative
Assembly and to any other interested parties.
' (5) The county, the Central and Eastern Oregon Juvenile
Justice Consortium, or the state may discontinue participation in
the demonstration project, if any of these parties determines
that the risk exceeds the level of resources available. If any of
the parties wants to discontinue participation, they must make
written notification to the Oregon Youth Authority and to the
other parties at least 90 days before terminating their
participation. The parties to the agreement shall include in the
agreement provisions addressing how to best continue the
demonstration project in the event the consortium ceases to be a
viable contracting entity.
' (6) In order to exercise its option under subsection (1) of
this section, Deschutes County shall develop an implementation
plan for the first phase of the project for review and
authorization by the Emergency Board. Deschutes County shall
include in the plan a description of the services needed to
divert the commitment of youth from youth correction facilities,
and how these services are to be administered, if funds are
authorized by the Emergency Board for the first phase of the
project.
' (7) The local commission on children and families shall
develop the implementation plan referred to in subsection (6) of
this section as part of its comprehensive plan for juvenile crime
prevention and intervention in collaboration with the local
public safety coordinating council. Following review and comment
by the Central and Eastern Oregon Juvenile Justice Consortium and
the Oregon Juvenile Department Directors' Association, the plan
must be approved by the governing body of the county with a
letter of concurrence from the presiding judge of the circuit
court.
' { + SECTION 21. + } { + (1) No later than June 30, 2002,
the Division of Audits of the office of the Secretary of State
shall audit the Deschutes County delinquent youth demonstration
project authorized by sections 142 to 145, chapter 801, Oregon
Laws 1997. The audit must include, but need not be limited to,
audits of state, local and other funding used in the project, a
program audit and a performance audit. As used in this
subsection, 'program audit' and ' performance audit' have the
meanings given those terms in ORS 297.070.
' (2) ORS 419C.001 (3) applies to the audit required by
subsection (1) of this section.
' (3) ORS 297.405 to 297.555 do not apply to an audit required
by subsection (1) of this section.
' (4)(a) No later than December 1, 2002, the Secretary of State
shall report the findings of the audit required by subsection (1)
of this section to the appropriate interim legislative committee.
' (b) When the Secretary of State reports the finding of the
audit to the interim legislative committee, representatives of
the Oregon Youth Authority, Deschutes County and the Central and
Eastern Oregon Juvenile Justice Consortium shall appear before
the committee and present comments on the findings of the
audit. + } ' .
In line 35, delete '11' and insert '22'.
----------