Chapter
570
AN ACT
SB 886
Relating to human services; and declaring an emergency.
Whereas the State of
Whereas in this recessionary period the need for human services is as great as ever and continues to grow rapidly; and
Whereas during recent years, the Department of Human Services has undergone a major reorganization emphasizing the integration of the human services delivery system; and
Whereas since the Legislative Assembly adopted Senate Joint Resolution 25 (1999), the State of Oregon has engaged in dialogue with a diverse group of individuals representing as many faith-based and community organizations as possible; and
Whereas the Oregon Law Commission has been reviewing the constitutional issues raised by the charitable choice clause of the Welfare Reform Act of 1996; and
Whereas faith-based and community organizations have within their memberships or constituencies significant numbers of people receiving assistance through the Department of Human Services, but many community leaders are unaware of the extent of the human services needs within their constituencies; and
Whereas faith-based and community organizations care deeply about issues of poverty, health care, education and more, and wish to reduce suffering among community members; and
Whereas clients of the human services and criminal justice systems benefit from the work of small nonprofit mentoring groups and groups such as the Court Appointed Special Advocate Volunteer Program and achieve positive outcomes at a greater rate than clients without that benefit; and
Whereas the Department of Human Services recognizes the benefit from the work of small nonprofit mentoring groups and groups such as the Court Appointed Special Advocate Volunteer Program, the department does not take a position on any belief system or view of any faith-based or community organization; now, therefore,
Be It Enacted by the People of the State of
Oregon:
SECTION
1. (1) On or before January 1,
2004, the Department of Human Services shall establish a pilot program in at
least one service delivery area. The purpose of the program is to provide an
opportunity for human services clients to access faith-based or community
organizations taking part in the effort to assist clients who are affiliated
with those organizations.
(2)
The department shall develop procedures and training to assist staff in
identifying clients who have an existing affiliation with a faith-based or
community organization and who have an interest in working with the
organization to supplement the services provided by the department.
(3)(a)
A client is not required to:
(A)
Participate with a faith-based or community organization; or
(B)
Give any information about the client’s affiliation with a faith-based or
community organization.
(b)
A client may withdraw from or terminate the client’s participation with a
faith-based or community organization at any time.
(4)
The client’s affiliation with a faith-based or community organization may not
adversely impact the client’s eligibility for department services. The
department may not require a client to participate in the activities or
services of a faith-based or community organization identified under subsection
(2) of this section.
(5)
In collaboration with faith-based and community organizations, the department
shall establish procedures for:
(a)
Assisting an interested client in contacting a faith-based or community
organization with whom the client is affiliated and communicating the needs of
the client to the organization.
(b)
Providing notice to a client of the client’s rights under this section.
(6)
The department may not initiate any volunteer activities of faith-based or
community organizations to assist human services clients as described in
subsection (5)(a) of this section.
(7)
The department may terminate or withdraw from only the relationship created
under the pilot program with a faith-based or community organization when:
(a)
Requested by a client after the faith-based or community organization has been
given reasonable opportunity to respond to concerns or allegations expressed by
the client; or
(b)
The activities or services provided by the faith-based or community organization
impede the ability of the department to effectively provide services.
(8) This section does not create a new entitlement to services.
SECTION
2. (1) The Department of Human
Services shall conduct the pilot program established pursuant to section 1 of this
2003 Act within the department’s legislatively approved budget. The department
may accept contributions of funds and assistance consistent with the purposes
of the pilot program.
(2) The department shall report to the Seventy-third Legislative Assembly on the pilot program established pursuant to section 1 of this 2003 Act.
SECTION 3. Sections 1 and 2 of this 2003 Act are repealed on January 2, 2006.
SECTION 4. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect July 1, 2003.
Approved by the Governor July 16, 2003
Filed in the office of Secretary of State July 16, 2003
Effective date July 16, 2003
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