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 1477
 
                           A-Engrossed
 
                         Senate Bill 415
                 Ordered by the Senate March 13
           Including Senate Amendments dated March 13
 
Sponsored by Senators BROWN, KRUSE, Representatives KRIEGER,
  SCHAUFLER
 
 
                             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.
 
  Directs   { - Director of Human Services - }   { + Governor + }
to appoint ombudsman for families and caregivers of children
subject to dependency matters. Requires ombudsman to review
complaints involving conduct of Department of Human Services
toward family members or caregivers. Authorizes ombudsman to
recommend to Director  { + of Human Services + } that department
employee or employees receive additional training or discipline,
including suspension or termination.
 
                        A BILL FOR AN ACT
Relating to ombudsman for dependency matters.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The Governor shall appoint an ombudsman for
families and caregivers of children who are subject to or alleged
to be subject to the jurisdiction of the juvenile court under ORS
419B.100. The appointment of the ombudsman is subject to
confirmation by the Senate in the manner provided in ORS 171.562
and 171.565. The Governor shall have control over the ombudsman.
The Governor may terminate the ombudsman.
  (2) The ombudsman shall:
  (a) Review complaints concerning the treatment of parents,
grandparents or other relatives of a child or caregivers of a
child under the jurisdiction of the juvenile court by the
Department of Human Services.
  (b) Notwithstanding ORS 182.500, report to the Governor in
writing at least once each calendar year. A report shall include
a summary of the services that the ombudsman provided during the
year and the ombudsman's recommendations for improving ombudsman
services and recommendations concerning department treatment of
families and caregivers of children who are subject to or alleged
to be subject to the jurisdiction of the juvenile court under ORS
419B.100.
  (c) Submit a biennial report no later than September 30 of each
even-numbered year to the interim legislative committees on
judicial matters. The report may contain legislative
recommendations. The report shall include, but need not be
limited to:
  (A) The ombudsman's recommendations for improving ombudsman
services;
  (B) The ombudsman's recommendations concerning department
treatment of families and caregivers of children who are subject
to or alleged to be subject to the juvenile court under ORS
419B.100; and
  (C) The number of complaints filed with the ombudsman during
the biennium.
  (d) Acknowledge receipt of and respond in a timely manner to
each complaint and, if needed, ask the complainant for additional
information.
  (e) Upon completion of the review:
  (A) Send a copy of the review to the complainant after removing
any information that is subject to ORS 409.225; and
  (B) Send a copy of the review and any other information the
ombudsman deems relevant to the Director of Human Services or the
director's designee.
  (3)(a) The ombudsman may request from the department any
records pertaining to the complaint, including records subject to
ORS 409.225. If the department denies the request in whole or in
part, the department shall state in writing the reason for not
releasing the records requested.
  (b) The ombudsman may request to interview any department
caseworker or supervisor of a department caseworker associated
with the child in matters relating to the complaint. If the
caseworker or supervisor refuses to be interviewed or refuses to
answer the questions of the ombudsman, the department shall
provide a written statement of the reason for the caseworker's or
supervisor's refusal to be interviewed or refusal to answer the
questions of the ombudsman.
  (4) After completion of the review of a complaint, the
ombudsman may recommend to the director or the director's
designee that:
  (a) An employee or employees of the department receive
additional training; or
  (b) An employee or employees of the department receive
discipline, including but not limited to suspension or
termination of employment.
  (5)(a) Recommendations made under subsection (4) of this
section are subject to the public records law, ORS 192.410 to
192.505.
  (b) If the ombudsman recommends training or disciplinary action
for a department employee who is subject to a collective
bargaining agreement that contains a confidentiality provision,
any recommendation made pursuant to this subsection that
recommends additional training or discipline for the employee is
subject to that confidentiality provision.
  (6)(a) A person appointed to the office of ombudsman under this
section must be a member of the Oregon State Bar with a minimum
of five years of experience in the practice of law, including not
less than two years of experience in Oregon juvenile dependency
law.
  (b) The Governor shall pay the ombudsman an annual salary
comparable to the salary of an attorney employed by the
Department of Justice with comparable legal experience.
  (c) The Governor shall provide the ombudsman suitable and
sufficient resources, including but not limited to support staff,
office space and office equipment, necessary to carry out the
duties of the office. + }
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