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 1080
A-Engrossed
House Bill 2126
Ordered by the House March 31
Including House Amendments dated March 31
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.
Directs State Commission on Children and Families and local
commissions on children and families to lead joint effort to
coordinate and increase access to family support services.
{ - Declares emergency, effective July 1, 2003. - } { +
Takes effect July 1, 2005. + }
A BILL FOR AN ACT
Relating to children; creating new provisions; amending ORS
417.705 and 417.775; and prescribing an effective date.
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) 'Family support services' means voluntary,
community-based services that:
(a) Promote the well-being of children and families;
(b) Increase the strength and stability of families;
(c) Increase parents' confidence and competence in their
parenting abilities;
(d) Provide parent education;
(e) Encourage stable and supportive family environments for
children; or
(f) Enhance child development. + }
{ - (2) - } { + (3) + } 'Local commission' means a local
commission on children and families established pursuant to ORS
417.760.
{ - (3) - } { + (4) + } '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 { + collaborative + } 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 years of age and their families among community
groups, government agencies, private providers and other parties.
{ - (4) - } { + (5) + } '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) - } { + (6) + } 'State commission' means the State
Commission on Children and Families established under ORS
417.730.
SECTION 2. 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 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 { +
collaborative + } 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 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
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) 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 3. { + Section 4 of this 2003 Act is added to and made
a part of ORS 417.705 to 417.797. + }
SECTION 4. { + (1) Subject to the availability of moneys from
the General Fund, the State Commission on Children and Families
and local commissions on children and families shall lead a joint
effort to coordinate and increase access to family support
services for parents of children in Oregon.
(2) For the purposes of subsection (1) of this section, the
state commission and local commissions shall:
(a) Consult with providers of family support services, county
juvenile departments, parent education programs, family resource
centers, community learning centers and parents-as-teachers
programs;
(b) Identify model family support services programs in Oregon
and throughout the country, including support groups, parent
mentoring networks, family resource centers and parent education
course curricula;
(c) Establish recommended qualifications, including training
and skills, for providers of family support services in Oregon;
(d) Identify additional sources of state, federal and private
resources that could assist family support services in the
future;
(e) Establish Oregon's principles and premises for family
support services that can be applied as a basis for determining
future funding of those services;
(f) Provide technical assistance to local commissions on
children and families in coordinating and increasing local access
to family support services; and
(g) Link and integrate family support services with local
coordinated comprehensive plans. + }
SECTION 5. { + For the purpose of coordinating and increasing
access to family support services for parents of children in
Oregon, the State Commission on Children and Families and local
commissions on children and families shall create a list of state
and federal funds provided to family support services programs in
Oregon during the 2005-2007 biennium. The list shall include
granting agencies, amounts of funds and recipients of funds. + }
SECTION 6. { + The State Commission on Children and Families,
in conjunction with representatives from local commissions on
children and families and providers of family support services,
shall make a report on or before February 1, 2007, to the
Seventy-fourth Legislative Assembly on the status of the actions
taken under sections 4 and 5 of this 2003 Act. + }
SECTION 7. { + This 2003 Act takes effect on July 1, 2005. + }
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