74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1076
 
                           B-Engrossed
 
                         Senate Bill 282
                  Ordered by the Senate June 23
      Including Senate Amendments dated April 2 and June 23
 
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 Senate Interim Committee on
  Judiciary for Juvenile Rights Project)
 
 
                             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.
 
  Modifies definition of 'foster home' to allow persons related
to child by blood or marriage to be considered as foster parents
to same extent as unrelated foster parents.
   { +  Requires Department of Human Services to adopt payment
standards for foster care. Authorizes department to take into
account income, resources and maintenance available to and
necessary expenditures of foster parent who is relative of child
placed in care. + }
 
                        A BILL FOR AN ACT
Relating to the maintenance of familial relationships of persons
  in the juvenile system; amending ORS 418.495 and 418.625.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 418.495 is amended to read:
  418.495. { +  (1) + } Within the limits of funds available
therefor, the Department of Human Services may enter into
agreements with licensed child-caring agencies and other
appropriate facilities, including youth care centers, for the
purchase of care for children who require and are eligible for
such care, regardless of whether the children are wards of the
state or whether the department is their guardian or has their
custody or whether the children are surrendered to a child-caring
agency or committed thereto by order of a court under ORS chapter
419B or 419C. The agreement shall prescribe the procedures for
payment, the rate of payment and may contain such other
conditions as the department and the agency or facility may
agree.
   { +  (2) The department shall by rule adopt payment standards
for foster care. In establishing standards, the department may
take into account the income, resources and maintenance available
to and the necessary expenditures of a foster parent who is a
relative, as defined by rule, of the child placed in care. + }
  SECTION 2. ORS 418.625 is amended to read:
  418.625. As used in ORS 418.625 to 418.645:
  (1) 'Certificate' means a written approval to operate a foster
home issued by the Department of Human Services on a form
prescribed by the department that states the name of the foster
parent, the address of the premises to which the certificate
applies and the maximum number of children to be maintained or
boarded in the foster home at any one time.
  (2) 'Department' means the Department of Human Services.
  (3) 'Foster home' means any home maintained by a person who has
under the care of the person in   { - such - }   { + the + } home
any child under the age of 21 years   { - not related to the
person by blood or marriage and - }  unattended by   { - its - }
 { + the child's + } parent or guardian, for the purpose of
providing   { - such - }   { + the + } child with care, food and
lodging, but does not include:
  (a) Any boarding school that is essentially and primarily
engaged in educational work;
  (b) Any home in which a child is provided board and room by a
school board;
  (c) Any foster home under the direct supervision of a private
child-caring agency or institution certified by the department;
  (d) Any home under the direct supervision of a custodial parent
for the purpose of providing respite care as defined by rule; or
  (e) Any developmental disability child foster home as defined
in ORS 443.830.
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