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 1147
Senate Bill 13
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Legislative Audit
Committee)
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.
Clarifies performance outcome language for local coordinated
comprehensive plans for children and families.
Requires State Commission on Children and Families, Juvenile
Crime Prevention Advisory Committee and Governor's Council on
Alcohol and Drug Abuse Programs to report to Seventy-third
Legislative Assembly by February 1, 2005, on implementation of
chapter 1053, Oregon Laws 1999.
A BILL FOR AN ACT
Relating to children; amending ORS 417.705, 417.735, 417.775 and
417.797 and section 45, chapter 1053, Oregon Laws 1999.
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) 'Efficiency' means a measurable indicator of the
amount of resources required to produce an output.
(3) 'High-level outcome' means the Oregon benchmarks adopted by
the Oregon Progress Board and any other measurable indicators of
societal well-being.
(4) 'Intermediate outcome' means a measurable indicator of the
effort by an agency or other entity toward achieving a high-level
outcome target. + }
{ - (2) - } { + (5) + } 'Local commission' means a local
commission on children and families established pursuant to ORS
417.760.
{ - (3) - } { + (6) + } '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 years of age and their families among community
groups, government agencies, private providers and other parties.
{ + (7) 'Outcome' means the measure of a desired result.
(8) 'Output' means the amount or frequency of products or
services delivered by an agency or other entity.
(9) 'Performance measure' includes outcomes, outputs and
efficiencies that indicate how well an agency or other entity is
carrying out its mission and achieving its goals. + }
{ - (4) - } { + (10) + } '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) - } { + (11) + } 'State commission' means the State
Commission on Children and Families established under ORS
417.730.
{ + (12) 'Target' means a specific level of achievement
desired for a specific time, expressed numerically. + }
SECTION 2. 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 { + , performance measures + } 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 { + performance measures
and + } 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 consultation with other agencies, identify
{ + high-level and intermediate + } outcomes { - and interim
indicators - } relating to children and families and monitor the
progress of local coordinated comprehensive plans in meeting
{ - identified outcomes - } { + intermediate outcome
targets + };
(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 - } { + intermediate outcome
targets + } 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 { + measures + } and { - outcome
criteria - } { + outcomes + } for evaluating services at the
local level;
(b) Monitor the progress in meeting { - criteria - } { +
intermediate outcome targets + } 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 - }
{ + intermediate and high-level outcome targets as identified in
local coordinated comprehensive plans + };
(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 3. 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 { + , outcomes and
targets + }
{ - 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 - } { + intermediate outcome targets + }
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 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 4. ORS 417.797 is amended to read:
417.797. (1) Each state agency or other entity that is
responsible for a component of the local coordinated
comprehensive plan shall ensure that a biennial evaluation of the
plan component is conducted according to a consistent framework.
The program evaluation shall include:
(a) An identified goal and associated Oregon benchmarks;
(b) Proven practices of effectiveness and related Oregon data;
(c) A target population and a description of local service
systems that may be used in identifying, screening, recruiting
and serving the target population;
(d) Specific { - interim indicators - } { + intermediate
outcomes + }that measure progress in addressing risk
contributors or developing core supports and competencies and
specific tools { + and data sources + } to measure the
{ - indicators - } { + intermediate outcomes + };
(e) Baseline data about the incidence of risk and asset and
support factors with the goal of measuring change over time,
including an assessment of local need;
(f) Measures of fiscal accountability;
(g) Identified roles and responsibilities for state agencies
and local partners and { - performance indicators to
measure - } { + performance measures to evaluate + }
effectiveness in agreed-upon roles; and
(h) Measures of the change in coordination among service
providers and programs as a result of the local plan, including
increases in access to services.
(2) The State Commission on Children and Families shall
disclose the results of the evaluations to any person upon
request.
(3) The Oregon Progress Board shall conduct a review of the
{ - outcomes - } { + intermediate outcome targets + }
achieved by local coordinated comprehensive plans in accordance
with ORS 417.735 (3)(c) for the purpose of identifying
{ - success - } { + progress + } in achieving
{ - targets - } { + outcomes + } specified in local plans. The
Oregon Progress Board shall coordinate the review with the
evaluations conducted according to subsection (1) of this
section.
SECTION 5. Section 45, chapter 1053, Oregon Laws 1999, is
amended to read:
{ + Sec. 45. + } (1) The State Commission on Children and
Families, the Juvenile Crime Prevention Advisory Committee and
the Governor's Council on Alcohol and Drug Abuse Programs shall
report to the Seventy-second Legislative Assembly { + , and to
the Seventy-third Legislative Assembly by February 1, 2005, + }
on the implementation of { - this 1999 Act - } { + chapter
1053, Oregon Laws 1999, + } on both the state and local levels.
(2) The State Commission on Children and Families shall include
in the report recommendations on 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.
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