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 1082
House Bill 2128
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 as
introduced.
Requires that certain funding distributed to counties or
regions for children or families be used only according to budget
of local commissions on children and families or with
recommendation of local commissions. Directs board of county
commissioners to enter into alternative dispute resolution with
local commission if conflict arises over allocation of funds for
services for children and families.
Requires state agencies to incorporate local coordinated
comprehensive plans or to involve local agencies in development
of budget for programs that serve children and families.
A BILL FOR AN ACT
Relating to budgets involving services to children; creating new
provisions; and amending ORS 417.735, 417.760, 417.780 and
417.790.
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 417.708 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.
{ + (d) The state commission may withhold funds from a county
or region for services and programs for children and families if
the local commission has not recommended an allocation of
funds. + }
(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 consultation with other agencies, identify outcomes and
interim indicators relating to children and families and 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:
(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
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 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 417.780 is amended to read:
417.780. { + (1) + } Funds received by a county or counties
from the state to implement ORS 417.705 to 417.797 and 419A.170
shall not be used to replace county general fund moneys, other
than federal or state funds, currently being used by the county
for existing programs for children and youth. However, in case of
severe financial hardship demonstrated by a county or counties,
the State Commission on Children and Families may waive the
requirements of this section in approving the local coordinated
comprehensive plan.
{ + (2) A board or boards of county commissioners may not
allocate grants for services and programs for children and
families that are made pursuant to ORS 417.790 or that are from
the federal government unless the local commission on children
and families has recommended the allocation. Upon a finding that
an allocation of funds has not been recommended by a local
commission, the State Commission on Children and Families may
withhold funds pursuant to ORS 417.735 (2). + }
SECTION 3. { + The amendments to ORS 417.735 and 417.780 by
sections 1 and 2 of this 2003 Act apply to allocations of funds
or grants made on or after the effective date of this 2003
Act. + }
SECTION 4. ORS 417.790 is amended to read:
417.790. The State Commission on Children and Families shall:
(1) Make grants to local commissions on children and families
to fund research-based services and initiatives to improve
outcomes for children, youth or families. The state commission
shall assist counties in the implementation of community services
that are efficient, accountable, coordinated and readily
available. Grants for services and initiatives to support
children, youth or families shall be used at the local level
{ - according to - } { + in accordance with + } the county's
local coordinated comprehensive plan { + and with a budget
recommended by the local commission + }. These services shall be
provided in accordance with ORS 417.715 and 417.720.
(2) Make Great Start grants to local commissions on children
and families to fund community-based programs for children who
are newborn through eight years of age. A county or region shall
use Great Start grant funds to provide research-based early
childhood programs in community settings and to provide services
that have proven to be successful and that meet the needs of the
community as described in the county's local coordinated
comprehensive plan. These services shall be provided in
accordance with ORS 417.728.
SECTION 5. { + The amendments to ORS 417.790 by section 4 of
this 2003 Act apply to grants distributed for use at the local
level on or after the effective date of this 2003 Act. + }
SECTION 6. ORS 417.760 is amended to read:
417.760. (1) The board of county commissioners of a county or
the boards of county commissioners of contiguous counties that
agree to appoint a regional commission:
(a) Shall appoint a chairperson and a minimum of eight members
to a local commission on children and families in the manner
described in ORS 417.765.
(b) Shall appoint a local staff director. The staff director
shall hire and supervise any other support staff necessary for
operation of the local commission. The staff director and staff
are subject to county personnel policies and other administration
policies and ordinances. The staff director shall be responsible
for all management functions of the local commission.
(c) Must approve the local coordinated comprehensive plan
before it may be submitted to the State Commission on Children
and Families. If the local plan has been revised or is amended,
the revised or amended local plan must be submitted to the board
or boards for approval before it is submitted to the state
commission.
{ + (d) Shall use alternative means of dispute resolution
when + } { + a conflict arises with the local commission
involving the allocation of funds for services and programs for
children and families. The alternative means of dispute
resolution may be arbitration, mediation or any other
collaborative problem-solving process designed to encourage
parties to work together to develop mutually agreeable solutions
to disputes. + }
(2) The board or boards of county commissioners must approve
any transfer of responsibility for a state service and its
funding to a local commission.
(3) Funds payable to implement local coordinated comprehensive
plans shall be paid to the county. The board or boards of county
commissioners are responsible for the expenditure of such funds
subject to county budget and fiscal operating procedures. { +
The board or boards of county commissioners may not alter a
budget developed by the local commission on children and families
under ORS 417.775 (8) without the consent of the local
commission. + }
SECTION 7. { + The amendments to ORS 417.760 by section 6 of
this 2003 Act apply to alterations of budgets made on or after
the effective date of this 2003 Act. + }
SECTION 8. { + (1) State agencies and programs that directly
or indirectly serve children and families shall review the
contents of local coordinated comprehensive plans and incorporate
the plans in the development of budgets and policies for each
agency or program.
(2) The State Commission on Children and Families, the
Department of Human Services, the Oregon Youth Authority and the
Oregon Criminal Justice Commission shall involve local agencies
as active participants when the commissions, department and
authority develop their budgets for programs that impact children
and families and pass funds to the local level. The commissions,
department and authority shall consult with the local agencies in
selecting representatives to participate in the budget process.
The representatives shall be involved from the initial stages of
budget development to the final budget decisions and shall
include members from:
(a) Local commissions on children and families;
(b) Local public health agencies;
(c) County juvenile departments; and
(d) Local providers of children's mental health services. + }
SECTION 9. { + Section 8 of this 2003 Act first applies to
budgets developed for the 2005-2007 biennium. + }
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