72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1075
 
                           A-Engrossed
 
                         House Bill 2121
                  Ordered by the House March 21
            Including House Amendments dated March 21
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Committee on
  Health and Human Resources)
 
 
                             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.
 
  Creates statewide youth development system to coordinate and
increase access to programs for youth. Directs local commissions
on children and families to include local youth development
system plan in local coordinated comprehensive plan. { +  Directs
Department of Community Colleges and Workforce Development to
lead effort to create statewide system.
  Takes effect July 1, 2005. + }
 
                        A BILL FOR AN ACT
Relating to youth development; creating new provisions; amending
  ORS 417.705, 417.730, 417.765 and 417.775; and prescribing an
  effective date.
  Whereas every child needs love, affirmation and acceptance; and
  Whereas because of the physical, emotional, social, spiritual
and intellectual changes experienced during adolescence, young
people need high levels of support, even while they are exerting
their independence; and
  Whereas children have the right to be protected from abuse,
neglect and exploitation; and
  Whereas adolescence is a time of heightened importance for
believing that one can make a contribution, play a meaningful
role and have a place in society where one fits; and
  Whereas youth are empowered to the extent they feel valued,
feel that others view them as resources, make contributions to a
larger whole to which they belong and feel free of fundamental
physical and emotional threats to their safety; and
  Whereas to successfully navigate through adolescence, young
people need a clear sense of rules or limits; and
  Whereas youth need adults who model healthy behaviors and
expect them to do their best and also need interaction with peers
who are engaged in positive behaviors; and
  Whereas a young person's involvement in positive and
constructive activities, both structured and unstructured, is an
essential component of healthy development; and
  Whereas whether offered in schools, community organizations or
religious organizations, constructive activities contribute to
positive growth and development, prevent involvement in at-risk
behaviors and put youth in contact with caring, nonfamily adults;
now, therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 417.705 is amended to read:
  417.705. As used in ORS 417.705 to 417.797:
  (1) 'Community mobilization' means government and private
efforts to increase community awareness and facilitate the active
participation of citizens and organizations in projects and
issues that will have positive impact on the well-being of
children, families and communities.
  (2) 'Local commission' means a local commission on children and
families established pursuant to ORS 417.760.
  (3) 'Local coordinated comprehensive plan' or 'local plan'
means a local coordinated comprehensive plan for children and
families that is developed pursuant to ORS 417.775 through a
process coordinated and led by a local commission and that is the
single plan for:
  (a) Creating positive outcomes for children and families;
  (b) Community mobilization; and
  (c) Coordinating programs, strategies and services for children
who are 0 to   { - 18 - }   { + 19 + } years of age and their
families among community groups, government agencies, private
providers and other parties.
  (4) 'Services for children and families' does not include
services provided by the Department of Education or school
districts that are related to curriculum or instructional
programs.
  (5) 'State commission' means the State Commission on Children
and Families established under ORS 417.730.
   { +  (6) 'Youth development' means an approach that focuses on
the assets and strengths of preadolescents and adolescents who
are ages 9 to 19.
  (7) 'Youth development programs' means programs, services and
activities that prepare preadolescents and adolescents to
contribute to their communities and to meet the challenges of
adolescence and adulthood. + }
  SECTION 2. ORS 417.730 is amended to read:
  417.730. (1) There is established a State Commission on
Children and Families consisting of:
  (a) The Director of Human Services;
  (b) The Superintendent of Public Instruction;
  (c) 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;
  (d) 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
  (e) 12 members appointed by the Governor.
  (2) The appointments made by the Governor shall reflect the
state's diverse populations and regions and shall include
representatives with expertise along the full developmental
continuum of a child from the prenatal stage   { - through 18 - }
 { +  to 19 + } years of age. The members appointed by the
Governor shall include:
  (a) One representative from the Oregon Juvenile Department
Directors' Association, from which the Governor may solicit
suggestions for appointment;
  (b) Six public members who have demonstrated interest in
children, with consideration given to a youth member and persons
from the education community;
  (c) Two members from local commissions on children and
families, one from a rural area and one from an urban area;
  (d) One social service professional; and
 
  (e) Two members from the business community who have
demonstrated interest in children.
  (3) The term of office of each member appointed by the Governor
is four years. Before the expiration of the term of an appointed
member, the Governor shall appoint a successor whose term begins
on October 1. An appointed member is eligible for reappointment.
If there is a vacancy in an appointed position for any cause, the
Governor shall make an appointment to become immediately
effective for the unexpired term.
  (4) The appointments by the Governor to the state commission
are subject to confirmation by the Senate in the manner
prescribed in ORS 171.562 and 171.565.
  (5) An appointed member of the state commission who is not a
member of the Legislative Assembly is entitled to compensation
and expenses as provided in ORS 292.495. Members who are members
of the Legislative Assembly shall be paid compensation and
expense reimbursement as provided in ORS 171.072, payable from
funds appropriated to the Legislative Assembly.
  (6)(a) The majority of the members of the state commission
shall be laypersons.
  (b) As used in this subsection, 'layperson' means a person
whose primary income is not derived from either offering direct
service to children and youth or being an administrator for a
program for children and youth.
  SECTION 3. ORS 417.765 is amended to read:
  417.765. (1) A majority of a local commission on children and
families, including the chairperson, shall be laypersons as
defined in ORS 417.730 (6)(b). Appointments to the local
commission shall reflect the county's or counties' diverse
populations and shall reflect expertise along the full spectrum
of developmental stages of a child, from the prenatal stage
 { - through 18 - }  { +  to 19 + } years of age. Members shall
include persons who have knowledge of the issues relating to
children and families in the affected communities, including
education, municipal government and the court system.
  (2) Members of the local commission shall be appointed to
four-year terms. The appointing board or boards of county
commissioners may appoint a member for additional terms or may
limit the number of terms that a member may serve.
  SECTION 4. ORS 417.775 is amended to read:
  417.775. (1) Under the direction of the board or boards of
county commissioners, and in conjunction with the guidelines set
by the State Commission on Children and Families, the main
purposes of a local commission on children and families are to
promote wellness for children of all ages and their families in
the county or region, if the families have given their express
written consent, to mobilize communities and to develop policy
and oversee the implementation of a local coordinated
comprehensive plan described in this section. A local commission
shall:
  (a) Inform and involve citizens;
  (b) Identify and map the range of resources in the community;
  (c) Plan, advocate and fund research-based initiatives for
children who are 0 to   { - 18 - }   { + 19 + } years of age and
their families;
  (d) Develop local policies, priorities and measurable outcomes;
  (e) Prioritize activities identified in the local plan and
mobilize the community to take action;
  (f) Prioritize the use of nondedicated resources;
  (g) Monitor implementation of the local plan; and
  (h) Monitor progress of and evaluate the outcomes identified in
the local plan that are reviewed under ORS 417.797, and report on
the progress in addressing priorities and achieving outcomes.
  (2)(a) A local commission may not provide direct services for
children and their families.
 
  (b) Notwithstanding paragraph (a) of this subsection, a local
commission may provide direct services for children and their
families for a period not to exceed six months if:
  (A)(i) The local commission determines that there is an
emergency;
  (ii) A provider of services discontinues providing the services
in the county or region; or
  (iii) No provider is able to offer the services in the county
or region; and
  (B) The family has given its express written consent.
  (3) The local commission shall lead and coordinate a process to
assess needs and identify county or regional outcomes to be
achieved. The process shall be in conjunction with other
coordinating bodies for services for children and their families
and shall include representatives of education, mental health
services, developmental disability services, alcohol and drug
treatment programs, public health programs, child care providers,
law enforcement and corrections agencies, private nonprofit
entities, local governments, faith-based organizations,
businesses, families, youth and the local community. The process
shall include populations representing the diversity of the
county or region.
  (4) Through the process described in subsection (3) of this
section, the local commission shall coordinate the development of
a single local plan for coordinating programs, strategies and
services for children who are 0 to   { - 18 - }   { + 19 + }
years of age and their families among community groups,
government agencies, private providers and other parties. The
local plan shall be a comprehensive area-wide service delivery
plan for all services to be provided for children and their
families in the county or region, if the families have given
their express written consent.  The local plan shall be designed
to achieve state and county or regional outcomes based on state
policies and guidelines and to maintain a level of services
consistent with state and federal requirements.
  (5) The local commission shall prepare the local coordinated
comprehensive plan and applications for funds to implement ORS
417.705 to 417.797 and 419A.170. The local plan, policies and
proposed service delivery systems shall be submitted to the board
or boards of county commissioners for approval prior to
submission to the state commission. The local plan shall be based
on identifying the most effective service delivery system
allowing for the continuation of current public and private
programs where appropriate. The local plan shall address needs,
strengths and assets of all children, their families and
communities, including those children and their families at
highest risk.
  (6) The local coordinated comprehensive plan shall include:
  (a) Subject to the availability of funds:
  (A) Identification of ways to connect all state and local
planning processes related to services for children and their
families into the local coordinated comprehensive plan to create
positive outcomes for children and their families;
  (B) Provisions for a continuum of social supports at the
community level for children from the prenatal stage
 { - through 18 - }  { +  to 19 + } years of age, and their
families, that takes into account areas of need, service overlap,
asset building and community strengths as outlined in ORS 417.305
(2);
  (C) A voluntary local early childhood system plan created
pursuant to ORS 417.777;
  (D) Local alcohol and other drug prevention and treatment plans
developed pursuant to ORS 430.258;   { - and - }
   { +  (E) A local youth development system plan developed
pursuant to section 9 of this 2003 Act;
 
  (F) The portion of the regional workforce plan, developed
pursuant to ORS 660.315, that is related to youth who are
eligible to receive services under the federal Workforce
Investment Act of 1998 (P.L. 105-220); and + }
    { - (E) - }   { + (G) + } The local high-risk juvenile crime
prevention plan developed pursuant to ORS 417.855; and
  (b) A list of staff positions budgeted to support the local
commission on children and families. The list shall indicate the
status of each position as a percentage of full-time equivalency
dedicated to the implementation of the local coordinated
comprehensive plan. The county board or boards of commissioners
shall be responsible for providing the level of staff support
detailed in the local plan and shall ensure that funds provided
for these purposes are used to carry out the local plan.
  (7) The local coordinated comprehensive plan shall:
  (a) Improve results by addressing the needs, strengths and
assets of all children, their families and communities in the
county or region, including those children and their families at
highest risk;
  (b) Improve results by identifying the methods that work best
at the state and local levels to coordinate resources, reduce
paperwork and simplify processes, including data gathering and
planning;
  (c) Be based on local, state and federal resources;
  (d) Be based on proven practices of effectiveness for the
specific community;
  (e) Contribute to a voluntary statewide system of formal and
informal services and supports that is provided at the community
level, that is integrated in local communities and that promotes
improved outcomes for Oregon's children;
  (f) Be presented to the citizens in each county for public
review, comment and adjustment;
  (g) Be designed to achieve outcomes based on
research-identified proven practices of effectiveness; and
  (h) Address other issues, local needs or children and family
support areas as determined by the local commission pursuant to
ORS 417.735.
  (8) In developing the local coordinated comprehensive plan, the
local commission shall:
  (a) Secure active participation pursuant to subsection (3) of
this section;
  (b) Provide for community participation in the planning
process, including media notification;
  (c) Conduct an assessment of the community that identifies
needs and strengths;
  (d) Identify opportunities for service integration; and
  (e) Develop a local coordinated comprehensive plan and budget
to meet the priority needs of a county or region.
  (9) The State Commission on Children and Families may
disapprove a local coordinated comprehensive plan in whole or in
part only upon making specific findings that the local plan
substantially fails to conform to the principles, characteristics
and values identified in ORS 417.708 to 417.725 and 417.735 (4).
If the state commission disapproves a local plan in whole, the
state commission shall identify with particularity the manner in
which the local plan is deficient. If the state commission
disapproves only part of the local plan, the remainder of the
local plan may be implemented. The staff of the state commission
shall assist in remedying the deficiencies in the local plan. The
state commission shall set a date by which the local plan or the
deficient portion thereof shall be revised and resubmitted.
  (10) If a local commission determines that the needs of the
county or region it serves differ from those identified by the
state commission, it may ask the state commission to waive
specific requirements in its list of children's support areas.
The process for granting waivers shall be developed by the state
commission prior to the start of the review and approval process
for the local coordinated comprehensive plan described in ORS
417.735 (4) and shall be based primarily on a determination of
whether the absence of a waiver would prevent the local
commission from best meeting the needs of the county or region.
  (11) From time to time, the local commission may amend the
local coordinated comprehensive plan and applications for funds
to implement ORS 417.705 to 417.797 and 419A.170 upon approval of
the board or boards of county commissioners and the State
Commission on Children and Families.
  (12) The local commission shall provide an opportunity for
public and private contractors to review the components of the
local coordinated comprehensive plan, to receive notice of any
component that the county or counties intend to provide through a
county agency and to comment publicly to the board or boards of
county commissioners if they disagree with the proposed service
delivery plan.
  SECTION 5.  { + Sections 6 to 9 of this 2003 Act are added to
and made a part of ORS 417.705 to 417.797. + }
  SECTION 6.  { + There is created the Oregon Youth Development
System. The goals of the statewide youth development system are
to:
  (1) Prevent unsafe and at-risk behaviors, including substance
abuse, teen pregnancy, suicide, school failure and juvenile
crime;
  (2) Improve the health and development of youth;
  (3) Prevent abuse and neglect of youth;
  (4) Prevent abandonment and homelessness of youth;
  (5) Link and integrate services and supports within the
statewide youth development system pursuant to sections 7 and 9
of this 2003 Act; and
  (6) Link and integrate services and supports within the
statewide youth development system with the services and
activities identified in the local high-risk juvenile crime
prevention plan developed pursuant to ORS 417.855. + }
  SECTION 7.  { + (1) Subject to receipt of federal funds, the
Department of Community Colleges and Workforce Development shall
lead a joint effort with other state and local youth development
partners to establish policies necessary for the creation of a
statewide youth development system that shall be incorporated
into the local coordinated comprehensive plan.
  (2)(a) The Department of Community Colleges and Workforce
Development shall include representatives from the following
state agencies in the policymaking process for a statewide youth
development system:
  (A) The Department of Education;
  (B) The Department of Human Services;
  (C) The Oregon Criminal Justice Commission;
  (D) The Employment Department;
  (E) The State Commission on Children and Families;
  (F) The Oregon University System;
  (G) The Housing and Community Services Department;
  (H) The Oregon Youth Authority;
  (I) The Department of State Police; and
  (J) Any other state agency that provides youth development
programs.
  (b) The Department of Community Colleges and Workforce
Development shall include youth representatives and
representatives from the following local agencies and providers
of youth development programs in the policymaking process for a
statewide youth development system:
  (A) Local commissions on children and families;
  (B) County juvenile departments;
  (C) County public health agencies;
  (D) County providers of mental health services;
  (E) Education service districts;
  (F) School districts;
  (G) Community colleges;
  (H) Law enforcement representatives;
  (I) Local public safety coordinating councils; and
  (J) Local nonprofit providers of services for youth.
  (3) The statewide youth development system shall be designed
to:
  (a) Impact youth development outcomes identified pursuant to
ORS 417.735 (3)(c), including benchmarks that address:
  (A) Prevention of alcohol, tobacco and other drug use;
  (B) Juvenile crime and recidivism;
  (C) Teen pregnancy;
  (D) Youth suicide; and
  (E) High school dropout rates;
  (b) Prevent abuse and neglect of youth;
  (c) Reduce risk factors and enhance protective factors
associated with academic competence, social or interpersonal
competence, creative competence, vocational competence, health
habits and involvement in constructive activities; and
  (d) Prepare youth to contribute to their communities and to
meet the challenges of adolescence and adulthood through a
structured, progressive series of activities and experiences
that:
  (A) Help youth obtain social, emotional, ethical, physical and
cognitive competencies; and
  (B) Provide youth with the broader developmental resources all
children and youth need, such as:
  (i) Ongoing relationships with caring adults;
  (ii) Safe places with structured activities;
  (iii) Services that promote healthy lifestyles, including
services designed to improve physical and mental health;
  (iv) Opportunities to acquire marketable skills and
competencies; and
  (v) Opportunities for community service and civic
participation.
  (4) The statewide youth development system shall, at a minimum:
  (a) Coordinate and increase access to state and local programs
for youth who are homeless, troubled or chronically acting out,
or who are victims of abuse or neglect, including but not limited
to programs that provide:
  (A) Counseling and mental health services;
  (B) Special education and related services;
  (C) Outreach, referrals to services and crisis response;
  (D) Assessment of youth;
  (E) Shelter care and community centers for the care and
treatment of youth;
  (F) Housing;
  (G) Family crisis intervention;
  (H) Family support services;
  (I) Service coordination and wraparound services;
  (J) Health and dental care;
  (K) Substance abuse intervention and treatment; and
  (L) Aftercare and follow-up;
  (b) Coordinate and increase access to state and local youth
development programs designed for all youth, including but not
limited to:
  (A) Character development and ethical enrichment activities;
  (B) Mentoring activities, including one-to-one relationship
building and tutoring;
  (C) Provision and support of community youth centers and clubs;
  (D) Nonschool hours, weekend, and summer programs and camps;
  (E) Sports and recreational activities that promote physical
fitness and teamwork;
  (F) Services that promote health and healthy development and
behavior on the part of youth, including risk-avoidance programs;
 
  (G) Academic enrichment, peer counseling and teaching, and
literacy activities;
  (H) Camping and environmental education programs;
  (I) Cultural enrichment, including enrichment through music,
fine and performing arts;
  (J) Workforce preparation, youth entrepreneurship and
technological and vocational skill building; and
  (K) Opportunities for community service that involve youth in
the full array of youth development programs described in
subsection (3) of this section;
  (c) Promote youth engagement in civic participation and as
partners in decision making, especially opportunities to create
and review policies, processes and practices related to youth
development programs described in this section;
  (d) Encourage youth-serving organizations to incorporate youth
development principles and practices in the delivery of youth
development programs;
  (e) Promote recognition of the contributions made by youth
volunteers to youth development programs; and
  (f) Identify how the statewide youth development system will
link with systems of support for younger children and their
families.
  (5) Participation in youth development programs by youth and
their families shall be voluntary. + }
  SECTION 8.  { + The Department of Community Colleges and
Workforce Development shall lead an effort to identify one or
more youth development benchmarks that reflect positive youth
behaviors. The department shall report on the benchmark or
benchmarks identified by the department to the Seventy-fourth
Legislative Assembly in the manner provided by ORS 192.245 no
later than January 31, 2007. + }
  SECTION 9.  { + (1) Each local commission on children and
families, as part of the local coordinated comprehensive plan
developed under ORS 417.775 for the county or region, shall lead
and coordinate the development of a local youth development
system plan.
  (2) Each county or regional local youth development system plan
shall incorporate and build on the relevant needs assessments,
priorities and strategies contained in the local coordinated
comprehensive plan developed under ORS 417.775.
  (3) In the process of creating the local youth development
system plan, the local commission shall involve:
  (a) County juvenile departments;
  (b) County public health agencies;
  (c) County providers of mental health services;
  (d) Education service districts;
  (e) School districts;
  (f) Community colleges;
  (g) Local public safety coordinating councils;
  (h) Law enforcement representatives;
  (i) Local nonprofit providers of services for youth; and
  (j) Youth representatives.
  (4) A local youth development system plan shall:
  (a) Identify existing youth development programs and services
for youth who are 9 to 19 years of age;
  (b) Consider the unique needs of females and males in service
delivery and ensure that the diverse populations within a
community receive services that are gender and culturally
appropriate;
  (c) Include a description of how the components of the
statewide youth development system specified in section 7 of this
2003 Act will be implemented in the county or region; and
  (d) Identify ways to maximize the use of volunteers and other
community resources, including encouraging, organizing and
promoting youth to serve as volunteers. + }
 
  SECTION 10.  { + This 2003 Act takes effect on July 1,
2005. + }
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