71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 659
Sponsored by COMMITTEE ON HEALTH AND HUMAN SERVICES (at the
request of Senator Mae Yih)
CHAPTER ................
AN ACT
Relating to State Commission on Children and Families; amending
ORS 3.250, 169.090, 417.735, 417.845, 419A.014, 419A.047,
419A.048, 419C.453, 420.014 and 420A.012; repealing ORS
419A.044; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 417.735 is amended to read:
417.735. (1) The State Commission on Children and Families
shall promote the wellness of children and families at the state
level and shall act in accordance with the principles,
characteristics and values identified in ORS 417.710 to 417.725.
The state commission shall provide no direct services.
(2) { + (a) + } Funds for local commissions shall consist of
payments from moneys appropriated therefor to the State
Commission on Children and Families by the Legislative Assembly.
The state commission shall develop an equitable formula for the
distribution of funds to counties or regions for services for
children and families, and a minimum annual grant shall be
provided to each county or region.
{ + (b) The state commission shall provide technical
assistance and research-based information to local commissions to
support the development of county goals and outcomes for services
and programs.
(c) The state commission may withhold funds from a local
commission if services and programs funded through the local
commission do not meet appropriate outcomes. + }
(3) The state commission shall:
(a) Set guidelines for the planning, coordination and delivery
of services by local commissions in partnership with other
planning bodies and agencies providing services for children and
families. The guidelines shall be consistent with the key
elements of the service system developed and implemented under
ORS 417.705 to 417.797. In conjunction with other planning bodies
and agencies providing social supports, the state commission
shall use the local coordinated comprehensive plans to advise
agencies, the Legislative Assembly and the Governor;
(b) Advise the Legislative Assembly and the Governor concerning
possible solutions to problems facing children and families;
(c) In conjunction with the Oregon Progress Board and in
consultation with other agencies, identify outcomes and interim
indicators relating to children and families consistent with the
Enrolled Senate Bill 659 (SB 659-B) Page 1
Oregon benchmarks and shall monitor the progress of local
coordinated comprehensive plans in meeting identified outcomes;
(d) Encourage the development of innovative projects, based on
proven practices of effectiveness, that benefit children and
families;
(e) Ensure that all services for children and families are
integrated and evaluated according to their outcomes;
(f) Compile, analyze and distribute information that informs
and supports statewide coordinated planning;
(g) Establish a uniform system of reporting and collecting
statistical data from counties and other agencies serving
children and families;
(h) Provide a process whereby the Department of Human Services,
Juvenile Crime Prevention Advisory Committee, Oregon Youth
Authority, Department of Education, Department of Community
Colleges and Workforce Development, Housing and Community
Services Department and Economic and Community Development
Department review all findings from data collected by the local
commissions through the local coordinated comprehensive plans.
The information gathered in this review shall be considered by
those agencies in designing future economic resources and
services and in the coordination of services;
(i) Make recommendations to the Commission for Child Care for
the development of the state's biennial child care plan; and
(j) Communicate information and policy advice on current
research and proven practices of effectiveness, from both inside
and outside the state, including successful local strategies, to
local commissions, the Governor, the Legislative Assembly, state
agencies and the public. The information shall include progress
in meeting outcomes identified in the local coordinated
comprehensive plans.
(4)(a) The state commission shall develop a review and approval
process for local coordinated comprehensive plans that includes:
(A) A requirement that the local plan has been approved by the
board or boards of county commissioners;
(B) Assurance that the local plan meets essential criteria and
approval required by appropriate entities and meets appropriate
systems and planning connections; and
(C) Review of state expenditures of resources allocated to the
local commissions on children and families.
(b) The state commission shall develop the process under this
subsection in consultation with other entities involved in the
review and approval process.
(c) The state commission shall act on any waiver request from a
local commission within 90 days after receipt of the request.
(d) The state commission may disapprove a local plan for
failure to address the elements described in paragraph (a) of
this subsection within 90 days after receipt of the request.
(5) The state commission, in coordination with the local
commissions on children and families, shall:
(a) Assist the local commissions in the development and
implementation of performance and outcome criteria for evaluating
services at the local level;
(b) Monitor the progress in meeting criteria in the local
coordinated comprehensive plans;
(c) In conjunction with the Department of Human Services and
using the staff resources and other resources of the state
commission, educate, inform and provide technical assistance to
local commissions, including but not limited to technical
assistance with:
Enrolled Senate Bill 659 (SB 659-B) Page 2
(A) Federal and state laws, regulations and rules, and changes
therein, governing the use of federal and state funds;
(B) Facilitation;
(C) Planning;
(D) Policy development;
(E) Proven practices of effectiveness;
(F) Local systems development;
(G) Community problem solving and mobilization; and
(H) Other services, as appropriate;
(d) Conduct research and disseminate information to local
commissions on children and families;
(e) Negotiate federal waivers in consultation with the
Department of Human Services; and
(f) Develop a process for reviewing requests for waivers from
requirements of the state commission. Requests for waivers shall
be granted or denied as a part of the approval process for a
local coordinated comprehensive plan. The state commission shall
not grant a request for waiver that allows funds to be used for
any purpose other than early childhood prevention, intervention
and treatment programs.
(6) The state commission shall employ a staff director who
shall be responsible for hiring and supervising any additional
personnel necessary to assist the state commission in performing
its duties. The staff director shall be responsible for
management functions of the state commission subject to policy
direction by the state commission.
(7) To the extent that federal funding is not jeopardized, the
State Commission on Children and Families shall enter into an
interagency agreement with the Department of Human Services in
which they agree on a system to:
(a) Distribute all Title XX Social Services Block Grant funds;
(b) Ensure that federal and state requirements are met for
federal funds administered by the state commission; and
(c) Carry out the necessary auditing, monitoring and
information requirements for federal funds distributed by the
state commission.
(8) In addition to the authority under subsection (5)(e) of
this section, the state commission may direct the Department of
Human Services or the appropriate state department providing
services for children and families to negotiate federal waivers.
If the Department of Human Services or any other state agency
does not pursue a federal waiver recommended by the state
commission, the state commission may ask the Governor to direct
the Department of Human Services or other state agency to apply
for and negotiate the waiver.
(9) If the Department of Human Services or any other state
agency refuses to distribute state or federal funds as requested
by the state commission, the state commission may ask the
Governor to direct the Department of Human Services or other
state agency to distribute the funds.
(10) The programs shall be funded as fully as possible by Title
XX of the federal Social Security Act, consistent with the terms
and conditions of the block grant program and the local
coordinated comprehensive plans that reflect community priorities
established by the local planning process.
(11) In conjunction with the Department of Human Services, the
state commission, as soon as possible, shall develop a plan to
re-engineer and integrate the data processing systems related to
children's programs with the objective of making management
information more accessible. The state commission shall make
Enrolled Senate Bill 659 (SB 659-B) Page 3
regular presentations to the Joint Legislative Committee on
Information Management and Technology on its progress in
developing and implementing the plan.
(12) Before each regular session of the Legislative Assembly,
the state commission shall report, to the Governor and to the
appropriate joint interim committee as determined by the Speaker
of the House of Representatives and the President of the Senate,
the following:
(a) Any additional proposals contained in 'A Positive Future
for Oregon's Children and Families' by the 1991-1992 Oregon
Children's Care Team Interim Task Force that should be
undertaken;
(b) The status in all counties of local service systems related
to the health and wellness of children and the adequacy of
financial resources to deliver services;
(c) The progress in achieving desired outcomes, including but
not limited to the benchmarks established by the Oregon Progress
Board and the statewide guidelines set by the state commission
under ORS 417.710 (1);
(d) Barriers to achieving outcomes and benchmarks;
(e) Proposed solutions to barriers identified under paragraph
(d) of this subsection, including proven, effective and
innovative strategies; and
(f) County and community mobilization to increase public
awareness and involvement and funding of community determined
priorities.
(13)(a) The state commission may solicit, accept and receive
federal moneys or moneys or other property from persons or
corporations, public or private, for the purpose of carrying out
the provisions of ORS 417.705 to 417.797 and 419A.170.
(b) All federal moneys collected or received under paragraph
(a) of this subsection shall be accepted and transferred or
expended by the state commission upon such terms and conditions
as are prescribed by the federal government.
(c) All moneys and other property accepted by the state
commission under this subsection shall be transferred, expended
or used upon such terms and conditions as are prescribed by the
donor in a manner consistent with applicable law.
SECTION 2. ORS 169.090 is amended to read:
169.090. (1) The Director of the Department of Corrections
shall publish and distribute a manual of recommended guidelines
for the operation of local correctional facilities and lockups as
developed by a jail standards committee appointed by the
director. This manual shall be revised when appropriate with
consultation and advice of the Oregon State Sheriffs'
Association, the Oregon Association of Chiefs of Police,
Association of Oregon Counties, the League of Oregon Cities and
other appropriate groups and agencies and will be redistributed
upon the approval of the Governor.
(2) The { - State Commission on Children and Families - }
{ + Juvenile Crime Prevention Advisory Committee + } and the
Department of Corrections shall develop guidelines pertaining to
the operation of juvenile detention facilities, as defined in ORS
169.005 (2). Guidelines shall be revised by the
{ - commission - } { + Juvenile Crime Prevention Advisory
Committee + } and the Department of Corrections, whenever
appropriate. The guidelines shall be included in the manual
published and distributed under subsection (1) of this section.
However, the { - commission - } { + Juvenile Crime Prevention
Enrolled Senate Bill 659 (SB 659-B) Page 4
Advisory Committee + } may choose to publish and distribute the
guidelines independently.
SECTION 3. ORS 419A.014 is amended to read:
419A.014. The juvenile department of a county shall report
annually to the { - State Commission on Children and
Families - } { + Oregon Criminal Justice Commission + } the
frequency with which juveniles are held in preadjudicative
detention and the duration of the detention.
SECTION 4. ORS 419A.047 is amended to read:
419A.047. (1) The state shall provide financial assistance to
the counties { - which apply therefor by January 1 of the
fiscal year - } { + for the implementation of local coordinated
comprehensive plans + } from funds appropriated for that purpose
for court services, as defined in ORS 3.250.
(2) { - Prior to April 1 of each odd-numbered year, the State
Commission on Children and Families - } { + The Oregon Youth
Authority + } shall determine each county's estimated percentage
share of the amount to be appropriated for the purposes of this
{ - subsection - } { + section + }. Such determination shall be
based upon each county's respective share of resident juveniles
under the age of 18.
(3) The numbers of resident juveniles under the age of 18 for
each county shall be certified to the { - State Commission on
Children and Families - } { + Oregon Youth Authority + } by
January 1 of each odd-numbered year by the Center for Population
Research and Census.
SECTION 5. ORS 419A.048 is amended to read:
419A.048. Any court with juvenile court jurisdiction that
receives financial assistance under ORS 419A.044 to 419A.048
shall comply with fiscal reporting procedures { - as - }
developed and approved by the { - State Commission on Children
and Families - } { + Oregon Youth Authority + }.
SECTION 6. ORS 419C.453 is amended to read:
419C.453. Pursuant to hearing, the juvenile court may order a
youth 12 years of age or older placed in a detention facility for
youths for a specific period of time not to exceed eight days, in
addition to time already spent in the facility, unless a program
plan that is in conformance with standards established by the
{ - State Commission on Children and Families - } { + Oregon
Criminal Justice Commission + } has been filed with and approved
by the commission, in which case the youth may be held in
detention for a maximum of 30 days in addition to time already
spent in the facility, when:
(1) The youth has been found to be within the jurisdiction of
the juvenile court by reason of having committed an act which
would be a crime if committed by an adult; or
(2) The youth has been placed on formal probation for an act
which would be a crime if committed by an adult, and has been
found to have violated a condition of that probation.
SECTION 7. ORS 420.014 is amended to read:
420.014. (1) The total population of youth offenders confined
in the youth correction facilities may not exceed the design
capacity of the facilities designated for close custody purposes
by the Director of the Oregon Youth Authority. The total
population limit shall include offenders in the youth correction
facility who were waived by the juvenile court to be prosecuted
as adults or who were prosecuted as adults under ORS 137.707.
(2) The director by rule shall determine reasonable standards
for care and treatment of youth offenders housed in youth
correction facilities. Within the total limit established under
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subsection (1) of this section, the Director of the Oregon Youth
Authority shall establish and impose a maximum allowable
population level for each youth correction facility. The maximum
allowable population shall not exceed the design capacity for the
facility and shall be further limited by the ability of the
facility to meet the standard of care and treatment established
by rule under this subsection, protect communities, hold youth
offenders accountable for their behavior and improve the
competency of youth offenders to become responsible and
productive members of their communities.
(3) The director by rule shall establish criteria upon which
the decision to place a youth in a youth correction facility must
be based, and which, in turn, shall be based upon behaviors and
characteristics of youths otherwise eligible for commitment to a
youth correction facility.
(4) After conferring with the juvenile court judges { - and
the State Commission on Children and Families - } , the director
shall develop and implement by rule, a method of controlling
admissions to the youth correction facilities so as not to exceed
maximum levels determined under subsections (1) and (2) of this
section.
SECTION 8. ORS 420A.012 is amended to read:
420A.012. (1) { - No later than January 1, 1996, - } The
Oregon Youth Authority, in consultation with { - the State
Commission on Children and Families and - } the Oregon Juvenile
Department Directors' Association, shall adopt one or more
definitions of recidivism and establish a recidivism reporting
system applicable to youth offenders. The definition must be
designed to address outcomes including, but not limited to,
community safety and rehabilitation.
(2) { - Prior to March 1, 1996, and annually thereafter, - }
The juvenile department of a county { + annually + } shall
submit to the Oregon Youth Authority, in the form established
under subsection (1) of this section, statistical data relating
to the recidivism of delinquent youths experienced by the county
during the previous year.
(3) { - Prior to April 1, 1996, and annually thereafter, - }
The Oregon Youth Authority shall publish { - a - } { + an
annual + } comprehensive report that includes the data provided
by the counties under subsection (2) of this section and similar
data that measures the recidivism of youths supervised by the
youth authority who are on probation or parole.
(4) The Oregon Youth Authority shall cooperate and, to the
extent of available information systems resources, shall share
data with the Department of Corrections to enable the department
to track youth offenders who later enter the adult corrections
system and to assess the effect of juvenile corrections on future
criminal conduct that occurs during and after supervision by the
Oregon Youth Authority and county juvenile departments. The
Department { + of Corrections + } shall manage data under this
subsection in a manner consistent with the confidentiality of
juvenile court records and the effectiveness of orders of
expunction.
SECTION 9. ORS 417.845 is amended to read:
417.845. (1) The Juvenile Crime Prevention Advisory Committee
is created within the Oregon Criminal Justice Commission.
(2) The committee shall have the following members:
(a) The Director of the Oregon Youth Authority or a designee of
the director;
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(b) The staff director of the State Commission on Children and
Families or a designee of the staff director;
(c) The Director of Human Services or a designee of the
director;
(d) The Assistant Director for Alcohol and Drug Abuse Programs
or a designee of the assistant director;
(e) The executive director of the Oregon Criminal Justice
Commission or a designee of the executive director;
(f) The Superintendent of Public Instruction or a designee of
the superintendent;
(g) The Superintendent of State Police or a designee of the
superintendent;
(h) The Director of the Department of Corrections or a designee
of the director;
(i) One designee of the Governor;
(j) One member appointed by the President of the Senate, who
shall be a member of the Senate and who shall be a nonvoting,
advisory member;
(k) One member appointed by the Speaker of the House of
Representatives, who shall be a member of the House of
Representatives and who shall be a nonvoting, advisory member;
and
(L) One designee of the Chief Justice of the Supreme Court from
the Judicial Department who serves as { - an ex officio - }
{ + a nonvoting + } member to provide information and support
the partnership role of the courts in an effective comprehensive
statewide approach to high-risk youth and their families.
(3) In addition to the members listed in subsection (2) of this
section, the Governor shall appoint the following members who
shall be representative of the geographic and cultural diversity
of the state:
(a) To represent local public and private entities:
(A) A county commissioner;
(B) A local juvenile director;
(C) A director of a local commission on children and families;
(D) Two law enforcement officials;
(E) A county mental health director;
(F) An alcohol and drug abuse professional;
(G) A school superintendent;
(H) A private youth service provider; and
(I) An elected city official;
(b) A researcher;
(c) A citizen member; and
(d) Other members as determined by the Governor.
(4) Each member of the committee appointed by the Governor
under subsection (3) of this section shall serve a term of four
years. Members appointed by the Governor shall serve at the
pleasure of the Governor. A vacancy in the office of any member
appointed by the Governor under subsection (3) of this section
shall be filled by the Governor by appointment for the unexpired
term.
(5) The Governor shall select one of the members of the
committee as chairperson and one of its members as vice
chairperson.
(6) The committee shall meet at times, places and intervals
deemed advisable by a majority of the members.
(7) The Oregon Criminal Justice Commission shall provide staff
support to the committee.
SECTION 10. ORS 3.250 is amended to read:
Enrolled Senate Bill 659 (SB 659-B) Page 7
3.250. As used in ORS 3.250 to 3.280 { - and 419A.044 - } ,
unless the context requires otherwise:
(1) 'Child' means a person under 18 years of age.
(2) 'Court services' includes but is not limited to services
and facilities relating to intake screening, juvenile detention,
shelter care, investigations, study and recommendations on
disposition of cases, probation on matters within the
jurisdiction of the court under ORS 3.260, family counseling,
conciliation in domestic relations, group homes, and
psychological or psychiatric or medical consultation and services
provided at the request of or under the direction of the court,
whether performed by employees of the court, by other government
agencies or by contract or other arrangement.
SECTION 11. { + ORS 419A.044 is repealed. + }
SECTION 12. { + 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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Passed by Senate July 4, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House July 5, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 659 (SB 659-B) Page 8
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 659 (SB 659-B) Page 9