72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 112
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 Attorney General Hardy
Myers for Department of Justice)
CHAPTER ................
AN ACT
Relating to child abuse multidisciplinary intervention; amending
ORS 418.746, 418.747, 418.784, 418.788 and 418.790.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 418.746 is amended to read:
418.746. (1) The Child Abuse Multidisciplinary Intervention
Account is established separate and distinct from the General
Fund. Interest earned, if any, shall inure to the benefit of the
account. All moneys deposited in the account are continuously
appropriated to the Department of Justice for the purposes of ORS
418.751 and this section.
(2) The department, with the advice of the Advisory Council on
Child Abuse Assessment, created by ORS 418.784, shall disburse
moneys from the Child Abuse Multidisciplinary Intervention
Account to eligible county multidisciplinary child abuse teams
formed under ORS 418.747 and public and private agencies serving
the counties from which the moneys were collected. { + The
department may award only one grant per county. + } The Attorney
General or the Attorney General's designee is the administrator
of the Child Abuse Multidisciplinary Intervention Account. The
moneys shall be allocated by the same formula as, or a formula
similar to, the formula used by the Attorney General for
equitable distribution of the fund for victim's assistance
programs under ORS 147.227 (1). Moneys allocated under this
subsection may not be used as replacement revenues for currently
available funds previously allocated by the county for child
abuse intervention.
(3) The department shall determine eligibility of the
applicants and:
(a) Allocate funds if the program is deemed eligible;
(b) Conditionally allocate funds, with appropriate conditions,
when necessary to establish eligibility; or
(c) Deny funding.
(4) In making the eligibility determination, the department
shall consider the following nonexclusive list of factors:
(a) Whether the program substantially furthers the goals and
purposes of ORS 418.747, 418.790 and 418.792;
(b) Whether the county multidisciplinary child abuse team has
properly allocated other available funds;
Enrolled Senate Bill 112 (SB 112-A) Page 1
(c) Any evaluations of previously funded programs as required
by subsection (7) of this section;
(d) The extent to which the county's coordinated child abuse
multidisciplinary intervention plan provides for comprehensive
services to the victims of child abuse;
(e) Whether the funds are being used as replacement revenues as
prohibited by subsection (2) of this section; and
(f) Whether there is a child abuse intervention, assessment or
advocacy center in existence or planned in the county and whether
the funds are given priority to support such center-based
programs if needed.
(5)(a) { - Each year - } { + At least once a biennium + },
the county multidisciplinary child abuse team shall submit to the
department a coordinated child abuse multidisciplinary
intervention plan. The plan must:
(A) Describe all sources of funding, other than moneys that may
be distributed from the Child Abuse Multidisciplinary
Intervention Account, { - and - } including in-kind
contributions that are available for the intervention plan;
(B) Describe how the plan provides for comprehensive services
to the victims of child abuse, including assessment, advocacy and
treatment; and
(C) Include the county's written protocol and agreements
required by ORS 418.747 (2).
(b) When submitting the intervention plan, the county
multidisciplinary child abuse team shall also submit:
(A) Those applications for funding received from public and
private agencies under subsection (6) of this section that the
team determines best meet the needs of the county's intervention
plan and a recommendation that the applications for funding be
granted; and
(B) If the team is seeking funding from the Child Abuse
Multidisciplinary Intervention Account, an application setting
forth such information as is required by rule of the department.
(6) A public or private agency wishing to apply for funding
from the Child Abuse Multidisciplinary Intervention Account shall
submit an application to the county multidisciplinary child abuse
team for the county in which the public or private agency
proposes to provide services. The application shall:
(a) Describe { - the program offered by the agency - }
{ + the programs and services to be funded with moneys from the
Child Abuse Multidisciplinary Intervention Account according to
the intervention plan + } and the anticipated outcomes in terms
of benefits to children and families; and
(b) { - Indicate how the program furthers - } { + Describe
how the programs and services further + } the goals and purposes
of ORS 418.747, 418.790 and 418.792.
(7)(a) An agency { - that is awarded money - }
{ + providing programs and services according to a coordinated
child abuse multidisciplinary intervention plan funded with
moneys from the Child Abuse Multidisciplinary Intervention
Account + } { - under this section - } shall submit an annual
report to the county multidisciplinary child abuse team and to
the department. { + A multidisciplinary child abuse team + }
{ - a county multidisciplinary child abuse team that is awarded
money - } { + receiving moneys from the Child Abuse
Multidisciplinary Intervention Account + } { - under this
section - } shall submit an annual report to the department.
(b) The reports must document how the { - money was - }
{ + moneys were + } utilized and describe to what extent the
Enrolled Senate Bill 112 (SB 112-A) Page 2
{ - program was - } { + programs and services were + } able to
meet anticipated outcomes in terms of benefits to children and
families.
(c) A county multidisciplinary child abuse team receiving a
report from an agency { - under this section - } shall
{ - use - } { + review + } the report { - in - } { + and
take into account success of the program at meeting service
outcomes before + } making future recommendations regarding
allocation of moneys.
(d) The department shall { - use - } { + review + } reports
received under this section { + before + } { - to make - }
{ + making + } future eligibility and allocation decisions and
{ - to evaluate programs - } { + when evaluating programs and
services + } funded under this section.
(8) Two or more county multidisciplinary child abuse teams may
join together to develop joint child abuse multidisciplinary
intervention plans. The joint plans shall be submitted as
provided in subsection (5) of this section.
(9) The department may adopt rules necessary to carry out the
provisions of ORS 418.751 and this section including, but not
limited to, the following:
(a) Notices and time limits for applications;
(b) Method of review and the role of advisory bodies; and
(c) Reallocation of moneys not applied for or disbursed.
SECTION 2. ORS 418.747 is amended to read:
418.747. (1) The district attorney in each county shall be
responsible for developing interagency and multidisciplinary
teams to consist of but not be limited to law enforcement
personnel, Department of Human Services child protective service
workers,
{ - Child Care Division personnel, school officials, health
departments and courts, - } { + school officials, county health
department personnel, child abuse intervention center workers, if
available, and juvenile department representatives, + } as well
as others specially trained in child abuse, child sexual abuse
and rape of children investigation.
(2) The teams shall develop a written protocol for immediate
investigation of and notification procedures for child abuse
cases and for interviewing child abuse victims. Each team also
shall develop written agreements signed by member agencies that
specify:
(a) The role of each agency;
(b) Procedures to be followed to assess risks to the child;
(c) Guidelines for timely communication between member
agencies;
(d) Guidelines for completion of responsibilities by member
agencies;
(e) { + That + } upon clear disclosure that the alleged child
abuse occurred in a child care facility as defined in ORS
657A.250,
{ - that - } immediate notification of parents or guardians of
children attending the child care facility is required regarding
any abuse allegation and pending investigation; and
(f) Criteria and procedures to be followed when removal of the
child is necessary for the child's safety.
(3) Each team member and those conducting child abuse
investigations and interviews of child abuse victims shall be
trained in risk assessment, dynamics of child abuse, child sexual
abuse and rape of children { - , - } { + and + } legally sound
and age appropriate interview and investigatory techniques.
Enrolled Senate Bill 112 (SB 112-A) Page 3
(4) All investigations of child abuse and interviews of child
abuse victims shall be carried out by appropriate personnel using
the protocols and procedures called for in this section. If
trained personnel are not available in a timely fashion and, in
the judgment of a law enforcement officer or department child
welfare worker, there is reasonable cause to believe a delay in
investigation or interview of the child abuse victim could place
the child in jeopardy of physical harm, the investigation
{ - can - } { + may + } proceed without full participation of
all personnel. This authority applies only for as long as
reasonable danger to the child exists. A reasonable effort to
find and provide a trained investigator or interviewer shall be
made.
(5) Protection of the child is of primary importance. To ensure
the safe placement of a child, the department may request that
local multidisciplinary team members obtain criminal history
information on any person who is part of the household where the
department may place or has placed a child who is in the
department's custody. All information obtained by the local team
members and the department in the exercise of their duties is
confidential and may only be disclosed as necessary to
{ - assure - } { + ensure + } the safe placement of a child.
(6) Each team shall classify, assess and review cases under
investigation.
(7) Each multidisciplinary team shall develop policies that
provide for an independent review of investigation procedures of
sensitive cases after completion of court actions on particular
cases. The policies shall include independent citizen input.
Parents of child abuse victims shall be notified of the review
procedure.
(8) Each team shall establish a local multidisciplinary
fatality review process. The purposes of the review process are
to:
(a) Coordinate various agencies and specialists to review a
fatality caused by child abuse or neglect;
(b) Identify local and state issues related to preventable
deaths; and
(c) Promote implementation of recommendations on the local
level.
(9) In establishing the review process and carrying out
reviews, the members of the local multidisciplinary team shall be
assisted by the local medical examiner or county health officer
as well as others specially trained in areas relevant to the
purpose of the local team.
(10) The categories of fatalities reviewed by the
multidisciplinary team include:
(a) Child fatalities in which child abuse or neglect may have
occurred at any time prior to death or have been a factor in the
fatality;
(b) Any category established by the local multidisciplinary
team;
(c) All child fatalities where the child is less than 18 years
of age and there is an autopsy performed by the medical examiner;
and
(d) Any specific cases recommended for local review by the
statewide interdisciplinary team established under ORS 418.748.
(11) The local multidisciplinary team shall develop a written
protocol for review of child fatalities. The protocol shall be
designed to facilitate communication and information between
persons who perform autopsies and those professionals and
Enrolled Senate Bill 112 (SB 112-A) Page 4
agencies concerned with the prevention, investigation and
treatment of child abuse and neglect.
(12) Within the guidelines, and in a format, established by the
statewide interdisciplinary team established under ORS 418.748,
the local team shall provide the statewide team with information
regarding child fatalities under subsection (10) of this section.
(13) The local multidisciplinary team shall have access to and
subpoena power to obtain all medical records, hospital records
and records maintained by any state, county or local agency,
including, but not limited to, police investigations data,
coroner or medical examiner investigative data and social
services records, as necessary to complete the review of a
specific fatality under subsection (8)(a) of this section. All
meetings of the local team relating to the fatality review
process required by subsections (8) to (13) of this section shall
be exempt from the provisions of ORS 192.610 to 192.690. All
information and records acquired by the local team in the
exercise of its duties are confidential and may only be disclosed
as necessary to carry out the purposes of the local fatality
review process.
SECTION 3. ORS 418.784 is amended to read:
418.784. (1) There is created the Advisory Council on Child
Abuse Assessment, consisting of at least nine members appointed
by the { - Director of Human Services - } { + Attorney
General + }, who shall serve as an ex officio member of the
council. The council shall direct the administrator of the Child
Abuse Multidisciplinary Intervention Account on administering
funds to establish and maintain regional assessment centers or
community assessment services under ORS 418.780 to 418.796.
(2) Of the members appointed to the council:
(a) One member shall be an employee of the Department of Human
Services { + with duties related to child protective
services + };
(b) One member shall be a physician licensed to practice
medicine in Oregon { - and - } who specializes in children and
families;
(c) One member shall be a person having experience dealing with
child abuse;
(d) One member shall be a district attorney or the designee of
a district attorney;
(e) One member shall be an employee of a law enforcement
agency, in addition to the member who is a district attorney or
the designee of a district attorney;
(f) One member shall be from an operating regional assessment
center; and
(g) At least three members shall be citizens with appropriate
interest in advocating for the medical interest of abused
children.
{ - (3) The members of the council are not entitled to
compensation or expenses. - }
{ + (3) Members of the council who are not state employees:
(a) Are not entitled to compensation; and
(b) Are entitled to reimbursement for actual and necessary
travel expenses incurred by them in the performance of their
official duties as members of the council if there are sufficient
funds available in the Child Abuse Multidisciplinary Intervention
Account established in ORS 418.746.
(4) Members of the council who are state employees carrying out
their state employment functions are entitled to compensation and
reimbursement by their employing agencies for actual and
Enrolled Senate Bill 112 (SB 112-A) Page 5
necessary travel and other expenses incurred by them in the
performance of their official duties as members of the
council. + }
{ - (4) - } { + (5) + } The council shall elect one of its
members to serve as chairperson, for such terms and with such
duties and powers as the council determines.
{ - (5) - } { + (6) + } The council shall meet at least
{ - once every three months - } { + four times per year + } at
a place, day and hour determined by the council.
{ - (6) - } { + (7) + } A majority of the members of the
council constitutes a quorum for the transaction of business.
SECTION 4. ORS 418.788 is amended to read:
418.788. (1) Subject to the availability of funds under the
provisions of ORS 418.796, the administrator of the Child Abuse
Multidisciplinary Intervention Account shall make grants for the
establishment and maintenance of community or regional assessment
centers.
(2) { - The governing body of a county - } { + A public or
private entity + }may apply to the administrator of the Child
Abuse Multidisciplinary Intervention Account for a grant to
establish and maintain a community or regional assessment center
under ORS 418.780 to 418.796. { - In the absence of an
application by the governing body of the county, application may
be made by any public or private entity in the county. - } The
administrator of the Child Abuse Multidisciplinary Intervention
Account may consolidate applications from more than one
{ - county - } { + public or private entity + } or may return
the application with the recommendation that the application be
consolidated.
(3) The administrator of the Child Abuse Multidisciplinary
Intervention Account shall by rule establish criteria for
awarding grants to establish and maintain community or regional
assessment centers under ORS 418.780 to 418.796, including but
not limited to:
(a) Expenses eligible for reimbursement from funds under ORS
418.796;
(b) The extent to which the applicant's proposed assessment
center will best accomplish the purposes of ORS 418.780 to
418.796; { + and + }
(c) The extent to which an applicant meets criteria for
receiving a grant to establish and maintain community or regional
assessment centers { - ; - } { + . + }
{ - (d) For regional assessment centers, geography,
population and proximity to major transportation routes; and - }
{ - (e) Availability of sufficiently trained staff and
state-of-the-art equipment to complete child abuse
assessments. - }
(4) The administrator of the Child Abuse Multidisciplinary
Intervention Account { - shall not be - } { + is not + }
required to fund any grant in the total amount requested in the
application.
SECTION 5. ORS 418.790 is amended to read:
418.790. Each application for funds to establish or maintain a
regional assessment center shall include:
(1) A description of how the services of the proposed regional
assessment center are to be delivered, including but not limited
to:
(a) A coordinated investigation of child abuse allegations;
(b) A child abuse medical assessment;
Enrolled Senate Bill 112 (SB 112-A) Page 6
(c) A neutral, nonintrusive videotaped interview pursuant to
interviewing guidelines adopted by the Advisory Council on Child
Abuse Assessment;
(d) Mental health treatment or referral for mental health
treatment, if indicated as necessary by the assessments; and
(e) A complete written report of the assessment results.
(2) A description of any interagency agreements, as required by
ORS 418.747, with the Department of Human Services, local law
enforcement agencies, other regional assessment centers or other
agencies involved in child abuse cases.
(3) A description of procedures to be followed in the proposed
regional assessment center, including but not limited to:
(a) The contents, availability and distribution of written
reports for each assessment;
(b) The availability of regional assessment center staff to
testify in cases involving alleged abuse of children evaluated by
the assessment center or service;
(c) Coordination with child witness programs and other child
advocacy groups; { - and - }
(d) The level of support available to the regional assessment
center through in-kind contributions from the community
{ - . - } { + ; and
(e) A plan for providing training, education, consultation,
technical assistance and referral services to community
assessment or intervention services in the region. + }
(4) Evidence indicating that the applicant has state-of-the-art
equipment and adequately trained staff to perform child abuse
medical assessments and interviews, including but not limited to:
(a) A { - medical examiner - } { + physician + } who is
trained in the evaluation, diagnosis and treatment of child abuse
and who is { - a physician - } licensed to practice medicine
in Oregon by the Board of Medical Examiners for the State of
Oregon; and
(b) An interviewer who has an advanced academic degree in human
services or who has comparable training and experience.
(5) A description of where the regional assessment center is to
be { + physically + } located, including but not limited to a
hospital, medical clinic or other appropriate public or private
entity.
{ - However, - } The proposed center { - shall - }
{ + may + } not be located in an office of the Department of
Human Services or in the office of any law enforcement agency.
(6) If the applicant is to receive funding as a regional
assessment center:
(a) { - Evidence - } { + A description + } of the region to
be served { + ; + } { - and that - }
{ + (b) A description of where + } the center is to be
{ + geographically + } located so as to be reasonably accessible
to community assessment services in the region; and
{ - (b) - } { + (c) + } Evidence that the applicant has a
sufficiently trained staff to provide education, training,
consultation, technical assistance and referral services for
community assessment services in the region.
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Enrolled Senate Bill 112 (SB 112-A) Page 7
Passed by Senate March 27, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 28, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 112 (SB 112-A) Page 8
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 112 (SB 112-A) Page 9