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 503
A-Engrossed
Senate Bill 143
Ordered by the Senate March 25
Including Senate Amendments dated March 25
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 Governor Theodore R.
Kulongoski for the Department of Human Services)
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.
Changes name of Office of Children's Ombudsman to Office of
Children's Advocate. Transfers office from State Commission on
Children and Families to Department of Human Services. Directs
office to maintain telephone line for public to voice concerns
regarding actions of Department of Human Services relating to
child abuse.
Declares emergency, effective July 1, 2003.
A BILL FOR AN ACT
Relating to Office of Children's Advocate; creating new
provisions; amending ORS 409.185, 417.805, 417.810, 417.815,
417.825 and 419B.035; appropriating money; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 417.805 is amended to read:
417.805. { - (1) Subject to the availability of funds under
subsection (2) of this section, the State Commission on Children
and Families - } { + The Office of Children's Advocate + }
shall { - cause to have installed - } { + maintain + } a
state toll-free telephone line { + to allow the public to: + }
{ - that may be used in child abuse situations to provide to
persons who request such information referrals to local
counseling and legal assistance. - }
{ - (2) The commission may accept contributions of funds from
any source to meet the costs of the installation described in
subsection (1) of this section. - }
{ + (1) Access information and be referred to the appropriate
services in matters of child abuse.
(2) Voice concerns regarding the actions and conduct of the
Department of Human Services relating to child abuse.
(3) Have a single place to file complaints concerning the
actions and conduct of the Department of Human Services relating
to child abuse. + }
SECTION 2. ORS 417.810 is amended to read:
417.810. (1) { - Subject to the availability of funds under
ORS 417.805 (2), - } The Office of Children's
{ - Ombudsman - } { + Advocate + } is established in the
{ - State Commission on Children and Families - } { +
Department of Human Services + }. { + The office is under the
supervision and control of the Children's Advocate, who is
responsible for the performance of the duties, functions and
powers of the office. + } The
{ - Governor - } { + Director of Human Services + } shall
appoint the
{ - Children's Ombudsman for a four-year term. Any vacancy
shall be filled within 60 days. The appointment is subject to
confirmation by the Senate under ORS 171.562 and 171.565. - }
{ + Children's Advocate, who holds office at the pleasure of
the director.
(2) Subject to available funds and the applicable provisions of
ORS chapter 240, the Children's Advocate may hire staff to carry
out the duties, functions and powers of the office and shall
prescribe their duties and fix their compensation. + }
{ - (2) - } { + (3) + } The Children's { - Ombudsman - }
{ + Advocate + } shall be a person who has background and
experience either in law enforcement with particular emphasis on
crimes involving child victims or in social work with particular
emphasis on child { - sexual - } abuse.
SECTION 3. ORS 417.815 is amended to read:
417.815. (1) The { + Office of + } Children's
{ - Ombudsman - } { + Advocate + } shall be accessible { + to
the public + } through the state toll-free telephone line
{ - established - } { + maintained + } pursuant to ORS 417.805
and { + through other electronic and written forms of
communication. The office + } shall:
{ - (a) Initiate or participate in activities relating to
disseminating information on child sexual abuse detection,
prosecution, prevention and education. - }
{ + (a) Disseminate information and educate the public about
the detection and prevention of child abuse and about the
prosecution of persons accused of child abuse; + }
(b) Cooperate with { + other units within + } the Department
of Human Services and law enforcement officials in performing
duties under ORS 418.747 to 418.749 and 419B.005 to 419B.050 when
the investigation involves alleged child { - sexual - } abuse
{ - . - } { + ; + }
{ - (c) Assist the court appointed special advocate under ORS
419A.170 when the juvenile court proceedings involve a child
sexual abuse victim or a child as the alleged perpetrator of
child sexual abuse. - }
{ - (d) - } { + (c) + } Provide technical assistance in the
development and implementation of state and local programs that
relate to child
{ - sexual - } abuse { - . - } { + ; + }
{ - (e) Collect and analyze data on child sexual abuse
detection, prosecution, prevention and education. - }
{ + (d) In cooperation with the Department of Human Services,
objectively review the department's systems for handling child
abuse cases; and
(e) Analyze data collected by the office to discern general
patterns and trends, chronic problems and other systemic
difficulties in the detection, reporting, investigation,
prosecution and resolution of cases of child abuse.
(2) In addition to the duties required under subsection (1) of
this section, the office shall:
(a) Review any complaint regarding the department's involvement
in a specific child abuse case, unless the office determines
there is an adequate remedy for the complaint;
(b) Make any appropriate referrals of the complaint or
complainant at the time the office receives the complaint or
during the office's review process;
(c) Inform the complainant of the referral of the complaint or
any other action taken by the office on the complaint;
(d) Inform the department of the office's intention to review
the department's action, unless the office determines that
advance notice will unduly hinder the review; and
(e) Conduct a review of the department's action when
appropriate, and inform the department of the results of the
review, including any recommendation the Children's Advocate
believes would resolve any case or any systemic issues identified
in the review. + }
{ - (2) - } { + (3) + } If the { - Children's
Ombudsman - } { + office + } has knowledge of confidential
information relating to a child involved or allegedly involved in
child { - sexual - } abuse, { - such - } { + the office
shall keep the + } information { - shall remain - }
confidential from public disclosure. However, the { - ombudsman
shall be - } { + office is + } subject to legal mandates in ORS
418.747 to 418.749 and 419B.005 to 419B.050.
{ + (4) A person who files a complaint under this section or
ORS 417.805 or participates in any investigation under this
section may not be, because of that action:
(a) Subject to any penalties, sanctions or restrictions imposed
by the department;
(b) Subject to any penalties, sanctions or restrictions
connected with the person's employment; or
(c) Denied any right, privilege or benefit.
(5) If deemed necessary by the Children's Advocate for the
purposes of carrying out the duties of the office, the office may
conduct criminal records checks on subject individuals pursuant
to ORS 181.537 through the Law Enforcement Data System maintained
by the Department of State Police or through a qualified
vendor. + }
SECTION 4. ORS 409.185 is amended to read:
409.185. (1) The Director of Human Services shall oversee the
development of standards and procedures for assessment,
investigation and enforcement of child protective services.
(2)(a) The Department of Human Services shall take action to
implement the provision of child protective services as outlined
in ORS 417.705 to 417.797 and 419A.170 and based on the
recommendations in the 1992 'Oregon Child Protective Services
Performance Study' published by the University of Southern Maine.
(b) In all substantiated cases of child abuse and neglect, the
role of the department is to complete a comprehensive family
assessment of risk of abuse or neglect, or both, assess service
needs and provide immediate protective services as necessary.
(c) The department shall provide remedial services needed to
ensure the safety of the child.
(d) In all cases of abuse and neglect when a criminal
investigation occurs, the role of law enforcement agencies is to
provide a legally sound, child sensitive investigation of whether
abuse or neglect or both have occurred and to gather other
evidence and perform other responsibilities in accordance with
interagency agreements.
(e) The department and law enforcement agencies shall conduct
the investigation and assessment concurrently, based upon the
protocols and procedures of the multidisciplinary team in each
jurisdiction.
(f) When the department and law enforcement agencies conduct a
joint investigation and assessment, the activities of the
department and agencies are to be clearly differentiated by the
protocols of the multidisciplinary team.
(g) Nothing in this subsection is intended to be inconsistent
with ORS 418.747, 418.748 and 418.749 and ORS chapter 419B.
{ + (3) Upon receipt of a recommendation of the Children's
Advocate under ORS 417.815 (2)(e), the department shall implement
the recommendation or give the Children's Advocate written notice
of an intent not to implement the recommendation. + }
SECTION 5. ORS 417.825 is amended to read:
417.825. { + (1) + } In addition to any other fees provided by
law,
{ - a $1 fee on the original filing and duplication of birth
certificates, adoption filing and divorce filing shall be
collected by the agency responsible for collecting the issuance
or filing fee and the money dedicated to child sexual abuse
prevention and intervention programs and to the Children's
Ombudsman pursuant to ORS 417.400 to 417.490 (1991 Edition). The
money shall be credited to the commission by the person
collecting the fee. - } { + the appropriate agency:
(a) When birth certificates are registered with the state,
shall pay a $1 fee on each birth certificate registered with the
agency.
(b) That issues birth certificates for the state or a county,
shall collect a $1 fee on each birth certificate issued by the
agency.
(c) When adoptions and divorces are filed with the court, shall
collect a $1 fee on each adoption and divorce filed with the
agency.
(2) The agencies paying or collecting the fees described in
subsection (1) of this section shall transfer moneys from the
fees imposed by this section to the State Treasurer for deposit
in the Department of Human Services Account established under ORS
409.060. The moneys deposited under this section are appropriated
continuously to the Department of Human Services for use by the
Office of Children's Advocate for the administration of ORS
417.805, 417.810 and 417.815. + }
SECTION 6. ORS 419B.035 is amended to read:
419B.035. (1) Notwithstanding the provisions of ORS 192.001 to
192.170, 192.210 to 192.505 and 192.610 to 192.990 relating to
confidentiality and accessibility for public inspection of public
records and public documents, reports and records compiled under
the provisions of ORS 419B.010 to 419B.050 are confidential and
are not accessible for public inspection. However, the Department
of Human Services shall make records available to:
(a) Any law enforcement agency or a child abuse registry in any
other state for the purpose of subsequent investigation of child
abuse;
(b) Any physician, at the request of the physician, regarding
any child brought to the physician or coming before the physician
for examination, care or treatment;
(c) Attorneys of record for the child or child's parent or
guardian in any juvenile court proceeding;
(d) Citizen review boards established by the Judicial
Department for the purpose of periodically reviewing the status
of children, youths and youth offenders under the jurisdiction of
the juvenile court under ORS 419B.100 and 419C.005. Citizen
review boards may make such records available to participants in
case reviews;
(e) A court appointed special advocate in any juvenile court
proceeding in which it is alleged that a child has been subjected
to child abuse or neglect; { - and - }
(f) The Child Care Division for certifying, registering or
otherwise regulating child care facilities { + ; and
(g) The Office of Children's Advocate + }.
(2) The Department of Human Services may make reports and
records available to any person, administrative hearings officer,
court, agency, organization or other entity when the department
determines that such disclosure is necessary to administer its
child welfare services and is in the best interests of the
affected child, or that such disclosure is necessary to
investigate, prevent or treat child abuse and neglect, to protect
children from abuse and neglect or for research when the
assistant director gives prior written approval. The department
shall adopt rules setting forth the procedures by which it will
make the disclosures authorized under this subsection and
subsection (1) of this section. The names, addresses or other
identifying information about the person who made the report
shall not be disclosed pursuant to this subsection and subsection
(1) of this section.
(3) Any record made available to a law enforcement agency in
this state or to a physician in this state, as authorized by
subsections (1) and (2) of this section, shall be kept
confidential by the agency or physician. Any record or report
disclosed by the department to other persons or entities pursuant
to subsections (1) and (2) of this section shall be kept
confidential.
(4) No officer or employee of the department or any person or
entity to whom disclosure is made pursuant to subsections (1) and
(2) of this section shall release any information not authorized
by subsections (1) and (2) of this section.
(5) A person who violates subsection (3) or (4) of this section
commits a Class A violation.
SECTION 7. { + On the effective date of this 2003 Act, + }
{ + the duties, functions and powers of the State Commission on
Children and Families relating to the Office of Children's
Advocate are imposed upon, transferred to and vested in the
Department of Human Services. + }
SECTION 8. { + (1) The staff director of the State Commission
on Children and Families shall:
(a) Deliver to the Department of Human Services all records and
property within the jurisdiction of the director that relate to
the duties, functions and powers transferred by section 7 of this
2003 Act; and
(b) Transfer to the Department of Human Services those
employees engaged primarily in the exercise of the duties,
functions and powers transferred by section 7 of this 2003 Act.
(2) The Director of Human Services shall take possession of the
records and property, and shall take charge of the employees and
employ them in the exercise of the duties, functions and powers
transferred by section 7 of this 2003 Act, without reduction of
compensation but subject to change or termination of employment
or compensation as provided by law.
(3) The Governor shall resolve any dispute between the State
Commission on Children and Families and the Department of Human
Services relating to transfers of records, property and employees
under this section, and the Governor's decision is final. + }
SECTION 9. { + (1) The unexpended balances of amounts
authorized to be expended by the State Commission on Children and
Families for the biennium beginning July 1, 2003, from revenues
dedicated, continuously appropriated, appropriated or otherwise
made available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 7 of this
2003 Act are appropriated and transferred to and are available
for expenditure by the Department of Human Services for the
biennium beginning July 1, 2003, for the purpose of administering
and enforcing the duties, functions and powers transferred by
section 7 of this 2003 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the State Commission
on Children and Families relating to the duties, functions and
powers transferred by section 7 of this 2003 Act remain
applicable to expenditures by the Department of Human Services
under this section. + }
SECTION 10. { + The transfer of duties, functions and powers
to the Department of Human Services by section 7 of this 2003 Act
does not affect any action, proceeding or prosecution involving
or with respect to such duties, functions and powers begun before
and pending at the time of the transfer, except that the
Department of Human Services is substituted for the State
Commission on Children and Families in the action, proceeding or
prosecution. + }
SECTION 11. { + (1) Nothing in sections 7 to 13 of this 2003
Act or ORS 409.185, 417.805, 417.810, 417.815, 417.825 or
419B.035 as amended by sections 1 to 6 of this 2003 Act relieves
a person of a liability, duty or obligation accruing under or
with respect to the duties, functions and powers transferred by
section 7 of this 2003 Act. The Department of Human Services may
undertake the collection or enforcement of any such liability,
duty or obligation.
(2) The rights and obligations of the State Commission on
Children and Families legally incurred under contracts, leases
and business transactions executed, entered into or begun before
the effective date of section 7 of this 2003 Act are transferred
to the Department of Human Services. For the purpose of
succession to these rights and obligations, the Department of
Human Services is a continuation of the State Commission on
Children and Families and not a new authority. + }
SECTION 12. { + Notwithstanding the transfer of duties,
functions and powers by section 7 of this 2003 Act, the rules of
the State Commission on Children and Families relating to the
duties, functions and powers transferred by section 7 of this
2003 Act, in effect on the effective date of section 7 of this
2003 Act, continue in effect until superseded or repealed by
rules of the Department of Human Services. References in the
specified rules of the State Commission on Children and Families
to the commission or an officer or employee of the commission are
considered to be references to the Department of Human Services
or an officer or employee of the department. + }
SECTION 13. { + (1) Whenever, in any uncodified law or
resolution of the Legislative Assembly relating to the duties,
functions and powers transferred by section 7 of this 2003 Act or
in any rule, document, record or proceeding authorized by the
Legislative Assembly relating to the duties, functions and powers
transferred by section 7 of this 2003 Act, reference is made to
the State Commission on Children and Families or an officer or
employee of the commission, the reference is considered to be a
reference to the Department of Human Services or an officer or
employee of the department.
(2) Whenever, in any uncodified law or resolution of the
Legislative Assembly relating to the duties, functions and powers
transferred by section 7 of this 2003 Act or in any rule,
document, record or proceeding authorized by the Legislative
Assembly relating to the duties, functions and powers transferred
by section 7 of this 2003 Act, reference is made to the Office of
Children's Ombudsman or an officer or employee of the Office of
Children's Ombudsman, the reference is considered to be a
reference to the Office of Children's Advocate or an officer or
employee of the Office of Children's Advocate. + }
SECTION 14. { + This 2003 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2003 Act takes effect
July 1, 2003. + }
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