75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1460
House Bill 2049
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Human Services and Women's Wellness)
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.
Changes name of Governor's Council on Alcohol and Drug Abuse
Programs to Governor's Council on Substance Use Disorders.
Applies consistent terminology for substance use disorders.
Increases from 11 to 15 number of members of council. Expands
duties of council. Expands government entities involved in
development of comprehensive state plan for substance use
disorder prevention, intervention and treatment services.
A BILL FOR AN ACT
Relating to substance use disorder programs; amending ORS
137.308, 409.010, 409.410, 409.420, 410.040, 417.705, 417.728,
417.775, 430.250, 430.255, 430.257, 430.258, 430.259, 430.265,
430.270, 430.290, 430.345, 430.350, 430.355, 430.357, 430.359,
430.362, 430.366, 430.368, 430.370, 430.375, 430.380, 430.385,
430.395, 430.535, 430.610, 430.630 and 430.640.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 430.250 is amended to read:
430.250. (1) The Legislative Assembly recognizes that:
(a) Dependence on alcohol or other drugs is treatable and
preventable;
(b) The Legislative Assembly has a responsibility to the
citizens of the state to ensure that all related services and
resources are provided in an effective and efficient manner; and
(c) State agencies are accountable to coordinate all related
services to the maximum extent possible.
(2) The Governor's Council on { - Alcohol and Drug Abuse
Programs - } { + Substance Use Disorders + }, created pursuant
to ORS 430.255, shall implement the state policy as set forth in
subsection (1) of this section by:
(a) Developing a statewide { - alcohol and other drug
abuse - } { + substance use disorder + } plan that:
(A) Incorporates priorities and recommendations contained in
the { - alcohol and drug abuse related - } components of each
local coordinated comprehensive plan { + related to substance
use disorders + };
(B) Describes the need for services and the process by which
state resources shall be prioritized in order to meet the demand
for services for children and families;
(C) Sets forth principles to guide the state in purchasing
{ - alcohol and other drug abuse - } { + substance use
disorder + } prevention materials and treatment services; and
(D) Recommends goals, specific priorities and programs for
review by the Governor and the Legislative Assembly; and
(b) Monitoring those programs and financial efforts of the
state which prevent, intervene in and treat { - alcohol and
other drug - } { + substance use + } problems for compliance
with the approved statewide { - alcohol and drug abuse - }
{ + substance use disorder + } plan.
(3) The Legislative Assembly expects as a condition of budget
approval that all appropriate state agencies work with and
through the Governor's Council on { - Alcohol and Drug Abuse
Programs - } { + Substance Use Disorders + } to assist:
(a) In the preparation of the proposed statewide { - alcohol
and drug abuse - } { + substance use disorder + } plan;
(b) In the implementation, monitoring and evaluation of the
statewide plan approved by the Legislative Assembly; and
(c) In developing and implementing methods for evaluating the
effectiveness and efficiency of their respective { - alcohol
and drug abuse - } { + substance use disorder + } prevention,
intervention or treatment or rehabilitation services, or any of
them.
SECTION 2. ORS 430.255 is amended to read:
430.255. (1)(a) There is created in the office of the Governor
the Governor's Council on { - Alcohol and Drug Abuse
Programs - } { + Substance Use Disorders + }. The council shall
consist of not more than { - 11 - } { + 15 + } members who
are appointed by the Governor for terms of four years. Members
are eligible for one reappointment. Members must be without
conflicting interests and as representative as possible of:
(A) Geographic regions of the state;
(B) At-risk populations, including among others, youth, the
elderly, minorities and women;
(C) Knowledgeable professionals, such as pharmacists,
physicians, attorneys and the like who are not necessarily
representatives of professional organizations, but who may be
recovering { + from substance use disorders + };
(D) Knowledgeable nonprofessionals who may represent advocate
groups and who may be recovering { + from substance use
disorders + }; and
(E) Local advisory groups.
(b) In addition to the members appointed to the council under
paragraph (a) of this subsection, the council shall include:
(A) One member appointed by the President of the Senate, who
shall be a member of the Senate and who shall be a nonvoting,
advisory member; and
(B) One member appointed by the Speaker of the House of
Representatives, who shall be a member of the House of
Representatives and who shall be a nonvoting, advisory member.
(2) The duties of the Governor's Council on { - Alcohol and
Drug Abuse Programs - } { + Substance Use Disorders + } are to:
(a) Assess the economic and social impact of { - alcohol and
drug abuse - } { + substance use + } on the State of Oregon and
report the findings and recommendations to the Governor by
January 1 of each even-numbered year.
(b) Review and make recommendations to the Governor on the
goals, financing, priorities and a state plan for prevention,
intervention and treatment of { - alcohol and drug abuse - }
{ + substance use + } problems, which encompasses all
appropriate state agencies and is consistent with ORS 430.258, by
January 1 of each even-numbered year.
(c) Review { - alcohol and drug abuse - } { + substance use
disorder + } programs and make recommendations to the Governor on
the effectiveness and priorities for improvements of all such
prevention and treatment programs for { - alcohol and drug - }
{ + substance use + } problems engaged in or financed through
state agencies by January 1 of each even-numbered year.
(d) Review and approve the components of the local coordinated
comprehensive plan created pursuant to ORS 417.775 that address
{ - alcohol and other drug - } { + substance use + }
prevention and treatment plans developed under ORS 430.258.
(e) Work to ensure broad-based citizen involvement in the
planning and execution of the { - alcohol and drug - } { +
substance use + } prevention and treatment plans at both the
state and local level.
{ + (f) Review and provide recommendations to the Director of
Human Services concerning substance use disorder treatment
programs that are approved by the director under ORS 813.021 or
established by the Department of Human Services under ORS
430.850. + }
(3) Members of the council are entitled to compensation and
expenses as provided under ORS 292.495.
(4) The Governor may remove any member for misconduct,
incapacity or neglect of duty.
(5) The director { - of Human Services - } shall provide the
technical and financial support as is required and authorized by
the Legislative Assembly and as is necessary to carry out this
section and ORS 409.010, 430.250, 430.257, 430.258, 430.259,
430.270, 430.290, 430.359, 430.368, 430.535 and 430.630.
SECTION 3. ORS 430.257 is amended to read:
430.257. (1) The Legislative Assembly finds that { - alcohol
and other drug use, abuse and addiction - } { + substance use
disorders + }:
(a) Pose significant social and public health problems for
Oregon;
(b) Impact the budgets and workloads of state and local
agencies that provide services for children and families and
contribute to incidences of crime, violence, accidents and
deaths, as well as reducing worker productivity; and
(c) Contribute substantially to the problems faced by a
significant number of persons served by the Department of Human
Services, Department of Corrections, Oregon Youth Authority,
Juvenile Crime Prevention Advisory Committee { + , + }
{ - and - } State Commission on Children and Families { + ,
State Marine Board, Oregon Criminal Justice Commission, State
Board of Pharmacy and Oregon State Board of Nursing + }.
(2) The Department of Human Services, Department of
Corrections, Oregon Youth Authority, Juvenile Crime Prevention
Advisory Committee { + , + } { - and - } State Commission on
Children and Families { + , State Marine Board, Oregon Criminal
Justice Commission, State Board of Pharmacy, Oregon State Board
of Nursing and other boards as appropriate + } shall contribute
to the development of a comprehensive state plan for
{ - alcohol and other drug - } { + substance use disorder + }
prevention, intervention and treatment services.
(3) The administrative heads of the Department of Education,
Department of Human Services, Oregon State Police, Department of
Transportation, Oregon Liquor Control Commission, Juvenile Crime
Prevention Advisory Committee { + , + } { - and - } State
Commission on Children and Families { + , State Marine Board,
Oregon Criminal Justice Commission, State Board of Pharmacy,
Oregon State Board of Nursing and any other boards involved in
the comprehensive state plan described in subsection (2) of this
section + } shall each designate an individual, or in the
instance of multidivisional departments, individuals, to serve as
liaison to and assist the Governor's Council on { - Alcohol and
Drug Abuse Programs - } { + Substance Use Disorders + } in
meeting the policies, duties and responsibilities set forth in
this section and ORS 409.010, 430.250, 430.255, 430.258, 430.259,
430.270, 430.290, 430.359, 430.368, 430.535 and 430.630.
SECTION 4. ORS 430.258 is amended to read:
430.258. The Governor's Council on { - Alcohol and Drug Abuse
Programs - } { + Substance Use Disorders + } shall prepare
criteria and policies for a statewide plan of services for
{ - alcohol and other drug - } { + substance use disorder + }
prevention and treatment for children and families to guide local
alcohol and drug councils. Local commissions on children and
families shall incorporate { - alcohol and other drug - }
{ + substance use disorder + }prevention and treatment plans
developed pursuant to this section into the local coordinated
comprehensive plan created under ORS 417.775. The criteria and
policies prepared for the statewide plan of services shall:
(1) Describe the need for prevention and treatment services and
strategies, and the method by which state and federal resources
shall be prioritized in order to meet the needs, including
prevention and treatment for families with young children and
adolescents;
(2) Set forth principles guiding the purchase of prevention and
treatment services and strategies from local community providers;
(3) Identify outcomes for the provision of prevention and
treatment services and strategies and a method for monitoring
those outcomes;
(4) Identify consistent standards for measuring prevention and
treatment provision and success;
(5) Outline a process for providing training and technical
assistance to state and local community providers, including
prevention and treatment for special needs populations; and
(6) Identify how prevention and treatment services and
strategies will link to other services and supports for children
and families.
SECTION 5. ORS 430.259 is amended to read:
430.259. All state agencies providing { - alcohol and other
drug - } { + substance use disorder + } prevention and
treatment services and strategies, or purchasing prevention and
treatment services and strategies from local community providers
approved or licensed by the Department of Human Services, shall
coordinate with the
{ - office - } { + department + } to report expenditures and
client data for the purposes of service capacity utilization and
monitoring resources and outcomes coordination in the statewide
plan of services and strategies for { - alcohol and other
drug - } { + substance use disorder + } prevention and
treatment for children and families prepared under ORS 430.258.
SECTION 6. ORS 430.265 is amended to read:
430.265. The Department of Human Services is authorized to
contract with the federal government for services to
{ - alcohol and drug-dependent - } persons { + with substance
use disorders + } who are either residents or nonresidents of the
State of Oregon.
SECTION 7. ORS 430.270 is amended to read:
430.270. The Department of Human Services, in consultation with
the Governor's Council on { - Alcohol and Drug Abuse
Programs - } { + Substance Use Disorders + }, shall take such
means as it considers most effective to bring to the attention of
the general public, employers, the professional community and
particularly the youth of the state, the harmful effects to the
individual and society of the { - irresponsible use of
alcoholic beverages, controlled substances and other chemicals,
and substances with abuse potential - } { + substance use
disorders + }.
SECTION 8. ORS 430.290 is amended to read:
430.290. (1) The objective of this section is to prevent
alcoholism and drug dependency.
(2) To carry out the objective of this section, the Department
of Human Services shall:
(a) Consult with and be advised by the Governor's Council on
{ - Alcohol and Drug Abuse Programs - } { + Substance Use
Disorders + } and the Mental Health Advisory Board in identifying
program priorities for the primary prevention of alcoholism and
drug dependency.
(b) Solicit program proposals that address identified
priorities from agencies, associations, individuals or any
political subdivision of this state and award and distribute
moneys under this section in accordance with the provisions of
this section.
(3) Every applicant for a grant to develop a primary prevention
of alcoholism program shall be assisted in its preparation by the
local alcohol planning committee, if there be one, operating in
the area to which the application relates. Every applicant shall
establish to the satisfaction of the department that the
committee was actively involved in the development and
preparation of such program.
(4) Every grant applicant shall include the recommendations of
the local alcohol planning committee, if there be one, operating
in the area. The department shall take the recommendations of the
local alcohol planning committee into consideration before making
or refusing a grant.
SECTION 9. ORS 430.345 is amended to read:
430.345. Upon application therefor, the Department of Human
Services may make grants from funds specifically appropriated for
the purposes of carrying out ORS 430.345 to 430.380 to any
applicant for the establishment, operation and maintenance of
{ - alcohol and drug abuse - } { + substance use disorder + }
prevention, early intervention and treatment services. When
necessary, a portion of the appropriated funds may be designated
by the department for training and technical assistance, or
additional funds may be appropriated for this purpose.
{ - Alcohol and drug abuse - } { + substance use disorder + }
prevention, early intervention and treatment services shall be
approved if the applicant establishes to the satisfaction of the
department:
(1) The adequacy of the services to accomplish the goals of the
applicant and the program goals are consonant with the purposes
of ORS { - 430.306 - } { + 430.315 to 430.335 + }, 430.338 to
430.380, 471.810, 473.030 and 473.050 and goals of the State Plan
for Alcohol Problems.
(2) The community need for the services as documented in the
annual community mental health plan.
(3) That an appropriate operating relationship exists, or will
exist with other community facilities able to assist in providing
{ - alcohol and drug abuse - } { + substance use disorder + }
prevention, early intervention and treatment services, including
nearby detoxification centers and halfway houses.
(4) That the services comply with the rules adopted by the
department pursuant to ORS 430.357.
SECTION 10. ORS 430.350 is amended to read:
430.350. (1) Every applicant for a grant made under ORS 430.345
to 430.380 shall be assisted in the preparation and development
of { - alcohol and drug abuse - } { + substance use
disorder + } prevention, early intervention and treatment
services by the local planning committee operating in the area to
which the application relates. Every application shall establish
to the satisfaction of the Department of Human Services that the
committee was actively involved in the development and
preparation of such program.
(2) The department shall require of every applicant for a grant
made under ORS 430.345 to 430.380 the recommendation of the local
planning committee in the area to which the application relates.
The department shall take such recommendation into consideration
before making or refusing grants under ORS 430.345 to 430.380.
SECTION 11. ORS 430.355 is amended to read:
430.355. An application for funds under ORS 430.345 to 430.380
may contain requests for funds to establish, operate and maintain
any number of { - alcohol and drug abuse - } { + substance
use disorder + } prevention, early intervention and treatment
services.
SECTION 12. ORS 430.357 is amended to read:
430.357. (1) The Department of Human Services shall make all
necessary and proper rules governing the administration of ORS
430.345 to 430.380, including but not limited to standards,
consistent with modern knowledge about { - alcohol and drug
abuse - } { + substance use disorder + } prevention, early
intervention and treatment services.
(2) All standards and guidelines adopted by the Department of
Human Services to implement programs authorized under ORS 430.345
to 430.380 shall be adopted as rules pursuant to ORS chapter 183
regardless of whether they come within the definition of rule in
ORS 183.310 (8).
SECTION 13. ORS 430.359 is amended to read:
430.359. (1) Upon approval of an application { + for a grant
under ORS 430.345 + }, the Department of Human Services shall
enter into a matching fund relationship with the applicant. In
all cases the amount granted by the department under the matching
formula shall not exceed 50 percent of the total estimated costs,
as approved by the department, of the { - alcohol and drug
abuse - } { + substance use disorder + } prevention, early
intervention and treatment services.
(2) The amount of state funds shall be apportioned among the
applicants according to the community need of the applicant for
services as compared with the community needs of all applicants.
In evaluating the community needs of the applicant, the
department, in consultation with the Governor's Council on
{ - Alcohol and Drug Abuse Programs - } { + Substance Use
Disorders + }, shall give priority consideration to those
applications that identify and include { - alcohol and drug
abuse - } { + substance use disorder + } prevention, early
intervention and treatment services aimed at providing services
to minorities with a significant population of affected persons.
The funds granted shall be distributed monthly.
(3) Federal funds at the disposal of an applicant for use in
providing { - alcohol and drug abuse - } { + substance use
disorder + } prevention, early intervention and treatment
services may be counted toward the percentage contribution of an
applicant.
(4) An applicant that is, at the time of a grant made under
this section, expending funds appropriated by its governing body
for the { - alcohol and drug abuse - } { + substance use
disorder + } prevention, early intervention and treatment
services shall, as a condition { - to - } { + for + } the
receipt of funds under this section, maintain its financial
contribution to these programs at an amount not less than the
preceding year. However, the financial contribution requirement
may be waived in its entirety or in part in any year by the
Department of Human Services because of:
(a) The severe financial hardship that would be imposed to
maintain the contribution in full or in part;
(b) The application of any special funds for the { - alcohol
and drug abuse - } { + substance use disorder + } prevention,
early intervention and treatment services in the prior year when
such funds are not available in the current year;
(c) The application of federal funds, including but not limited
to general revenue sharing, distributions from the Oregon and
California land grant fund and block grant funds to the
{ - alcohol and drug abuse - } { + substance use disorder + }
prevention, early intervention and treatment services in the
prior year when such funds are not available for such application
in the current year; or
(d) The application of fund balances resulting from fees,
donations or underexpenditures in a given year of the funds
appropriated to counties pursuant to ORS 430.380 (2) to the
{ - alcohol and drug abuse - } { + substance use disorder + }
prevention, early intervention and treatment services in the
prior year when such funds are not available for such application
in the current year.
(5) Any moneys received by an applicant from fees,
contributions or other sources for { - alcohol and drug
abuse - } { + substance use disorder + } prevention, early
intervention and treatment services for service purposes,
including federal funds, shall be considered a portion of an
applicant's contribution for the purpose of determining the
matching fund formula relationship. All moneys so received shall
only be used for the purposes of carrying out ORS 430.345 to
430.380.
(6) Grants made pursuant to ORS 430.345 to 430.380 shall be
paid from funds specifically appropriated therefor and shall be
paid in the same manner as other claims against the state are
paid.
SECTION 14. ORS 430.362 is amended to read:
430.362. (1) To receive priority consideration under ORS
430.359 (2), an applicant shall clearly set forth in its
application:
(a) The number of minorities within the county with significant
populations of affected persons and an estimate of the nature and
extent of the need within each minority population for
{ - alcohol and drug abuse - } { + substance use disorder + }
prevention, early intervention and treatment services; and
(b) The manner in which the need within each minority
population is to be addressed, including support for minority
programs under the application.
(2) Minority program funding proposals included within an
application must be clearly identified as minority programs and
must include distinct or severable budget statements.
(3) Nothing in this section is intended to preclude any
minority program from being funded by a city or county or to
preclude any other program from serving the needs of minorities.
SECTION 15. ORS 430.366 is amended to read:
430.366. (1) Every proposal for { - alcohol and drug
abuse - } { + substance use disorder + } prevention, early
intervention and treatment services received from an applicant
shall contain:
(a) A clear statement of the goals and objectives of the
program for the following fiscal year, including the number of
persons to be served and methods of measuring the success of
services rendered;
(b) A description of services to be funded; and
(c) A statement of the minorities to be served, if a minority
program.
(2) Thirty days before the end of each fiscal year, every
service funded under ORS { - 430.306 - } { + 430.315 to
430.335 + }, 430.338 to 430.380, 471.810, 473.030 and 473.050
shall file a concise progress report with the Department of Human
Services, including a narrative statement of progress made in
meeting its goals and objectives for the year.
(3) The department shall assemble all progress reports received
in each biennium and transmit them to the succeeding session of
the Legislative Assembly.
SECTION 16. ORS 430.368 is amended to read:
430.368. (1) Any { - alcohol and drug abuse - } { +
substance use disorder + } prevention, early intervention and
treatment service, including but not limited to minority
programs, aggrieved by any final action of an applicant with
regard to requesting funding for the program from the Department
of Human Services, may appeal the applicant's { + final + }
action to the Director of Human Services within 30 days of the
{ + final + } action. For the purposes of this section ' final
action' means the submission of the applicant's compiled funding
requests to the department. The director shall review, in
consultation with the Governor's Council on { - Alcohol and
Drug Abuse Programs - } { + Substance Use Disorders + }, all
appealed { + final + } actions for compliance with the purposes
and requirements of ORS
{ - 430.306 - } { + 430.315 to 430.335 + }, 430.338 to
430.380, 471.810, 473.030 and 473.050, including but not limited
to ORS 430.338 (5).
(2) The director shall act on all appeals within 60 days of
filing, or before the time of the department's decision on the
applicant's funding request, whichever is { - less - } { +
earlier + }. The director is not required to follow procedures
for hearing a contested case, but shall set forth written
findings justifying the action. The decision of the director
shall be final, and shall not be subject to judicial review.
SECTION 17. ORS 430.370 is amended to read:
430.370. (1) A county may provide { - alcohol and drug
abuse - } { + substance use disorder + } prevention, early
intervention and treatment services by contracting therefor with
public or private, profit or nonprofit agencies. A county
entering into such a contract shall receive grants under ORS
430.345 to 430.380 only if the contracting agency meets the
requirements of ORS 430.345.
(2) A city and county, or any combination thereof, may enter
into a written agreement, as provided in ORS 190.003 to 190.620,
jointly to establish, operate and maintain { - alcohol and drug
abuse - } { + substance use disorder + } prevention, early
intervention and treatment services.
SECTION 18. ORS 430.375 is amended to read:
430.375. The Department of Human Services shall recommend fee
schedules to be used in determining the dollar fee to charge a
person admitted to approved { - alcohol and drug abuse - }
{ + substance use disorder + } prevention, early intervention
and treatment services for the expenses incurred by the service
in offering { - alcohol and drug abuse - } { + substance use
disorder + } prevention, early intervention and treatment
services. An individual facility may adopt the schedules
developed by the department or may, subject to the approval of
the department, develop and adopt its own fee schedules. The fee
schedules adopted by each facility shall be applied uniformly to
all persons admitted to the facility and shall be based on the
costs of a person's { - alcohol and drug abuse - } { +
substance use disorder + } prevention, early intervention and
treatment services and the ability of the person to pay. The
person admitted shall be liable to the facility only to the
extent indicated by the fee schedules.
SECTION 19. ORS 430.380 is amended to read:
430.380. (1) There is established in the General Fund of the
State Treasury an account to be known as the Mental Health
Alcoholism and Drug Services Account. Moneys deposited in the
account are continuously appropriated for the purposes of ORS
430.345 to 430.380. Moneys deposited in the account may be
invested in the manner prescribed in ORS 293.701 to 293.820.
(2) Forty percent of the moneys in the Mental Health Alcoholism
and Drug Services Account shall be continuously appropriated to
the counties on the basis of population. The counties must use
the moneys for the establishment, operation and maintenance of
{ - alcohol and drug abuse - } { + substance use disorder + }
prevention, early intervention and treatment services and for
local matching funds under ORS 430.345 to 430.380.
(3) Forty percent of the moneys shall be continuously
appropriated to the Department of Human Services to be used for
state matching funds to counties for { - alcohol and drug
abuse - } { + substance use disorder + } prevention, early
intervention and treatment services pursuant to ORS 430.345 to
430.380.
(4) Twenty percent of the moneys shall be continuously
appropriated to the Department of Human Services to be used for
{ - alcohol and drug abuse - } { + substance use disorder + }
prevention, early intervention and treatment services for inmates
of correctional and penal institutions and for parolees therefrom
and for probationers as provided pursuant to rules of the
department. However, prior to expenditure of moneys under this
subsection, the department must present its program plans for
approval to the appropriate legislative body which is either the
Joint Ways and Means Committee during a session of the
Legislative Assembly or the Emergency Board during the interim
between sessions.
SECTION 20. ORS 430.385 is amended to read:
430.385. Nothing in ORS 430.347, 430.359, 430.380, 471.805,
471.810, 473.030 or this section shall be construed as
justification for a reduction in General Fund support of local
{ - alcohol and drug abuse - } { + substance use disorder + }
prevention, early intervention and treatment services.
SECTION 21. ORS 430.395 is amended to read:
430.395. (1) Subject to the availability of funds, the
Department of Human Services may fund regional centers for the
treatment of adolescents with { - drug and alcohol
dependencies - } { + substance use disorders + }.
(2) The Department of Human Services shall define by rule a
minimum number of inpatient beds and outpatient slots necessary
for effective treatment and economic operation of any regional
center funded by state funds.
(3) The areas to be served by any treatment facility shall be
determined by the following:
(a) Areas that demonstrate the most need;
(b) Areas with no treatment program or an inadequate program;
and
(c) Areas where there is strong, organized community support
for youth treatment programs.
(4) The area need is determined by:
(a) Current area youth admissions to treatment programs;
(b) Per capita consumption of alcohol in the area;
(c) Percentage of area population between 10 and 18 years of
age;
(d) Whether the area has effective, specialized outpatient and
early intervention services in place;
(e) Whether the area suffers high unemployment and economic
depression; and
(f) Other evidence of need.
(5) As used in this section, 'regional center' means a
community residential treatment facility including intensive
residential and outpatient care for adolescents with drug and
alcohol dependencies { + substance use disorders + }.
SECTION 22. ORS 430.535 is amended to read:
430.535. (1) The Department of Human Services and the
Governor's Council on { - Alcohol and Drug Abuse Programs - }
{ + Substance Use Disorders + } shall, subject to the
availability of funds, develop bilingual forms to assist
non-English-speaking persons in understanding their rights under
ORS 430.450 to 430.555.
(2) The department shall assist county mental health programs
in the development of comprehensive and coordinated
identification, evaluation, treatment, education and
rehabilitation services for the drug-dependent person. The State
Plan for Drug Problems shall be consistent with such system.
SECTION 23. ORS 430.610 is amended to read:
430.610. It is declared to be the policy and intent of the
Legislative Assembly that:
(1) Subject to the availability of funds, mental health
services should be available to all persons with mental or
emotional disturbances, mental retardation, developmental
disabilities { - , alcoholism or drug dependence, and persons
who are alcohol or drug abusers - } { + or substance use
disorders + }, regardless of age, county of residence or ability
to pay;
(2) The Department of Human Services and other state agencies
shall conduct their activities in the least costly and most
efficient manner so that delivery of services to persons with
mental or emotional disturbances, mental retardation,
developmental disabilities { - , alcoholism or drug dependence,
and persons who are alcohol or drug abusers, - } { + or
substance use disorders + } shall be effective and coordinated;
(3) To the greatest extent possible, mental health services
shall be delivered in the community where the person lives in
order to achieve maximum coordination of services and minimum
disruption in the life of the person; and
(4) The State of Oregon shall encourage, aid and financially
assist its county governments in the establishment and
development of community mental health and developmental
disabilities programs, including but not limited to, treatment
and rehabilitation services for persons with mental or emotional
disturbances, mental retardation, developmental disabilities
{ - , alcoholism or drug dependence, and persons who are alcohol
or drug abusers, - } { + or substance use disorders, + } and
prevention of these problems through county administered
community mental health and developmental disabilities programs.
SECTION 24. ORS 430.630 is amended to read:
430.630. (1) In addition to any other requirements that may be
established by rule by the Department of Human Services and
subject to the availability of funds, each community mental
health and developmental disabilities program shall provide the
following basic services to persons with mental retardation,
developmental disabilities { - , alcoholism or drug dependence,
and persons who are alcohol or drug abusers - } { + or
substance use disorders + }:
(a) Outpatient services;
(b) Aftercare for persons released from hospitals and training
centers;
(c) Training, case and program consultation and education for
community agencies, related professions and the public;
(d) Guidance and assistance to other human service agencies for
joint development of prevention programs and activities to reduce
factors causing mental retardation, developmental disabilities
{ - , alcohol abuse, alcoholism, drug abuse and drug
dependence - } { + and substance use disorders + }; and
(e) Age-appropriate treatment options for older adults.
(2) As alternatives to state hospitalization, it is the
responsibility of the community mental health and developmental
disabilities program to ensure that, subject to the availability
of funds, the following services for persons with mental
retardation, developmental disabilities { - , alcoholism or drug
dependence, and persons who are alcohol or drug abusers, - }
{ + or substance use disorders + } are available when needed
and approved by the Department of Human Services:
(a) Emergency services on a 24-hour basis, such as telephone
consultation, crisis intervention and prehospital screening
examination;
(b) Care and treatment for a portion of the day or night, which
may include day treatment centers, work activity centers and
preschool programs;
(c) Residential care and treatment in facilities such as
halfway houses, detoxification centers and other community living
facilities;
(d) Continuity of care, such as that provided by service
coordinators, community case development specialists and core
staff of federally assisted community mental health centers;
(e) Inpatient treatment in community hospitals; and
(f) Other alternative services to state hospitalization as
defined by the department.
(3) In addition to any other requirements that may be
established by rule of the department, each community mental
health and developmental disabilities program, subject to the
availability of funds, shall provide or ensure the provision of
the following services to persons with mental or emotional
disturbances:
(a) Screening and evaluation to determine the client's service
needs;
(b) Crisis stabilization to meet the needs of persons with
acute mental or emotional disturbances, including the costs of
investigations and prehearing detention in community hospitals or
other facilities approved by the department for persons involved
in involuntary commitment procedures;
(c) Vocational and social services that are appropriate for the
client's age, designed to improve the client's vocational,
social, educational and recreational functioning;
(d) Continuity of care to link the client to housing and
appropriate and available health and social service needs;
(e) Psychiatric care in state and community hospitals, subject
to the provisions of subsection (4) of this section;
(f) Residential services;
(g) Medication monitoring;
(h) Individual, family and group counseling and therapy;
(i) Public education and information;
(j) Prevention of mental or emotional disturbances and
promotion of mental health;
(k) Consultation with other community agencies;
(L) Preventive mental health services for children and
adolescents, including primary prevention efforts, early
identification and early intervention services. Preventive
services should be patterned after service models that have
demonstrated effectiveness in reducing the incidence of
emotional, behavioral and cognitive disorders in children. As
used in this paragraph:
(A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(B) 'Early intervention services' for children at risk of later
development of emotional disturbances means programs and
activities for children and their families that promote
conditions, opportunities and experiences that encourage and
develop emotional stability, self-sufficiency and increased
personal competence; and
(C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop; and
(m) Preventive mental health services for older adults,
including primary prevention efforts, early identification and
early intervention services. Preventive services should be
patterned after service models that have demonstrated
effectiveness in reducing the incidence of emotional and
behavioral disorders and suicide attempts in older adults. As
used in this paragraph:
(A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(B) 'Early intervention services' for older adults at risk of
development of emotional disturbances means programs and
activities for older adults and their families that promote
conditions, opportunities and experiences that encourage and
maintain emotional stability, self-sufficiency and increased
personal competence and that deter suicide; and
(C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop.
(4) A community mental health and developmental disabilities
program shall assume responsibility for psychiatric care in state
and community hospitals, as provided in subsection (3)(e) of this
section, in the following circumstances:
(a) The person receiving care is a resident of the county
served by the program. For purposes of this paragraph, '
resident' means the resident of a county in which the person
maintains a current mailing address or, if the person does not
maintain a current mailing address within the state, the county
in which the person is found, or the county in which a
court-committed person with a mental illness has been
conditionally released.
(b) The person has been hospitalized involuntarily or
voluntarily, pursuant to ORS 426.130 or 426.220, except for
persons confined to the Secure Child and Adolescent Treatment
Unit at Oregon State Hospital, or has been hospitalized as the
result of a revocation of conditional release.
(c) Payment is made for the first 60 consecutive days of
hospitalization.
(d) The hospital has collected all available patient payments
and third-party reimbursements.
(e) In the case of a community hospital, the department has
approved the hospital for the care of persons with mental or
emotional disturbances, the community mental health and
developmental disabilities program has a contract with the
hospital for the psychiatric care of residents and a
representative of the program approves voluntary or involuntary
admissions to the hospital prior to admission.
(5) Subject to the review and approval of the department, a
community mental health and developmental disabilities program
may initiate additional services after the services defined in
this section are provided.
(6) Each community mental health and developmental disabilities
program and the state hospital serving the program's geographic
area shall enter into a written agreement concerning the policies
and procedures to be followed by the program and the hospital
when a patient is admitted to, and discharged from, the hospital
and during the period of hospitalization.
(7) Each community mental health and developmental disabilities
program shall have a mental health advisory committee, appointed
by the board of county commissioners or the county court or, if
two or more counties have combined to provide mental health
services, the boards or courts of the participating counties or,
in the case of a Native American reservation, the tribal council.
(8) A community mental health and developmental disabilities
program may request and the department may grant a waiver
regarding provision of one or more of the services described in
subsection (3) of this section upon a showing by the county and a
determination by the department that persons with mental or
emotional disturbances in that county would be better served and
unnecessary institutionalization avoided.
(9) Each community mental health and developmental disabilities
program shall cooperate fully with the Governor's Council on
{ - Alcohol and Drug Abuse Programs - } { + Substance Use
Disorders + } in the performance of its duties.
(10)(a) As used in this subsection, 'local mental health
authority' means one of the following entities:
(A) The board of county commissioners of one or more counties
that establishes or operates a community mental health and
developmental disabilities program;
(B) The tribal council, in the case of a federally recognized
tribe of Native Americans that elects to enter into an agreement
to provide mental health services; or
(C) A regional local mental health authority comprised of two
or more boards of county commissioners.
(b) Each local mental health authority that provides mental
health services shall determine the need for local mental health
services and adopt a comprehensive local plan for the delivery of
mental health services for children, families, adults and older
adults that describes the methods by which the local mental
health authority shall provide those services. The local mental
health authority shall review and revise the local plan
biennially. The purpose of the local plan is to create a
blueprint to provide mental health services that are directed by
and responsive to the mental health needs of individuals in the
community served by the local plan.
(c) The local plan shall identify ways to:
(A) Coordinate and ensure accountability for all levels of care
described in paragraph (e) of this subsection;
(B) Maximize resources for consumers and minimize
administrative expenses;
(C) Provide supported employment and other vocational
opportunities for consumers;
(D) Determine the most appropriate service provider among a
range of qualified providers;
(E) Ensure that appropriate mental health referrals are made;
(F) Address local housing needs for persons with mental health
disorders;
(G) Develop a process for discharge from state and local
psychiatric hospitals and transition planning between levels of
care or components of the system of care;
(H) Provide peer support services, including but not limited to
drop-in centers and paid peer support;
(I) Provide transportation supports; and
(J) Coordinate services among the criminal and juvenile justice
systems, adult and juvenile corrections systems and local mental
health programs to ensure that persons with mental illness who
come into contact with the justice and corrections systems
receive needed care and to ensure continuity of services for
adults and juveniles leaving the corrections system.
(d) When developing a local plan, a local mental health
authority shall:
(A) Coordinate with the budgetary cycles of state and local
governments that provide the local mental health authority with
funding for mental health services;
(B) Involve consumers, advocates, families, service providers,
schools and other interested parties in the planning process;
(C) Coordinate with the local public safety coordinating
council to address the services described in paragraph (c)(J) of
this subsection;
(D) Conduct a population based needs assessment to determine
the types of services needed locally;
(E) Determine the ethnic, age-specific, cultural and diversity
needs of the population served by the local plan;
(F) Describe the anticipated outcomes of services and the
actions to be achieved in the local plan;
(G) Ensure that the local plan coordinates planning, funding
and services with:
(i) The educational needs of children, adults and older adults;
(ii) Providers of social supports, including but not limited to
housing, employment, transportation and education; and
(iii) Providers of physical health and medical services;
(H) Describe how funds, other than state resources, may be used
to support and implement the local plan;
(I) Demonstrate ways to integrate local services and
administrative functions in order to support integrated service
delivery in the local plan; and
(J) Involve the local mental health advisory committees
described in subsection (7) of this section.
(e) The local plan must describe how the local mental health
authority will ensure the delivery of and be accountable for
clinically appropriate services in a continuum of care based on
consumer needs. The local plan shall include, but not be limited
to, services providing the following levels of care:
(A) Twenty-four-hour crisis services;
(B) Secure and nonsecure extended psychiatric care;
(C) Secure and nonsecure acute psychiatric care;
(D) Twenty-four-hour supervised structured treatment;
(E) Psychiatric day treatment;
(F) Treatments that maximize client independence;
(G) Family and peer support and self-help services;
(H) Support services;
(I) Prevention and early intervention services;
(J) Transition assistance between levels of care;
(K) Dual diagnosis services;
(L) Access to placement in state-funded psychiatric hospital
beds;
(M) Precommitment and civil commitment in accordance with ORS
chapter 426; and
(N) Outreach to older adults at locations appropriate for
making contact with older adults, including senior centers, long
term care facilities and personal residences.
(f) In developing the part of the local plan referred to in
paragraph (c)(J) of this subsection, the local mental health
authority shall collaborate with the local public safety
coordinating council to address the following:
(A) Training for all law enforcement officers on ways to
recognize and interact with persons with mental illness, for the
purpose of diverting them from the criminal and juvenile justice
systems;
(B) Developing voluntary locked facilities for crisis treatment
and follow-up as an alternative to custodial arrests;
(C) Developing a plan for sharing a daily jail and juvenile
detention center custody roster and the identity of persons of
concern and offering mental health services to those in custody;
(D) Developing a voluntary diversion program to provide an
alternative for persons with mental illness in the criminal and
juvenile justice systems; and
(E) Developing mental health services, including housing, for
persons with mental illness prior to and upon release from
custody.
(g) Services described in the local plan shall:
(A) Address the vision, values and guiding principles described
in the Report to the Governor from the Mental Health Alignment
Workgroup, January 2001;
(B) Be provided to children, older adults and families as close
to their homes as possible;
(C) Be culturally appropriate and competent;
(D) Be, for children, older adults and adults with mental
health needs, from providers appropriate to deliver those
services;
(E) Be delivered in an integrated service delivery system with
integrated service sites or processes, and with the use of
integrated service teams;
(F) Ensure consumer choice among a range of qualified providers
in the community;
(G) Be distributed geographically;
(H) Involve consumers, families, clinicians, children and
schools in treatment as appropriate;
(I) Maximize early identification and early intervention;
(J) Ensure appropriate transition planning between providers
and service delivery systems, with an emphasis on transition
between children and adult mental health services;
(K) Be based on the ability of a client to pay;
(L) Be delivered collaboratively;
(M) Use age-appropriate, research-based quality indicators;
(N) Use best-practice innovations; and
(O) Be delivered using a community-based, multisystem approach.
(h) A local mental health authority shall submit to the
Department of Human Services a copy of the local plan and
biennial revisions adopted under paragraph (b) of this subsection
at time intervals established by the department.
(i) Each local commission on children and families shall
reference the local plan for the delivery of mental health
services in the local coordinated comprehensive plan created
pursuant to ORS 417.775.
SECTION 25. ORS 430.640 is amended to read:
430.640. (1) The Department of Human Services, in carrying out
the legislative policy declared in ORS 430.610, subject to the
availability of funds shall:
(a) Assist Oregon counties and groups of Oregon counties in the
establishment and financing of community mental health and
developmental disabilities programs operated or contracted for by
one or more counties.
(b) If a county declines to operate or contract for a community
mental health and developmental disabilities program, contract
with another public agency or private corporation to provide the
program. The county must be provided with an opportunity to
review and comment.
(c) In an emergency situation when no community mental health
and developmental disabilities program is operating within a
county or when a county is unable to provide a service essential
to public health and safety, operate the program or service on a
temporary basis.
(d) At the request of the tribal council of a federally
recognized tribe of Native Americans, contract with the tribal
council for the establishment and operation of a community mental
health and developmental disabilities program in the same manner
that the department contracts with a county court or board of
county commissioners.
(e) If a county agrees, contract with a public agency or
private corporation for all services within one or more of the
following program areas: Mental or emotional disturbances,
{ - drug abuse, - } mental retardation or other developmental
disabilities and
{ - alcohol abuse and alcoholism - } { + substance use
disorders + }.
(f) Approve or disapprove the biennial plan and budget
information for the establishment and operation of each community
mental health and developmental disabilities program. Subsequent
amendments to or modifications of an approved plan or budget
information involving more than 10 percent of the state funds
provided for services under ORS 430.630 may not be placed in
effect without prior approval of the department. However, an
amendment or modification affecting 10 percent or less of state
funds for services under ORS 430.630 within the portion of the
program for persons with mental or emotional disturbances, or
within the portion for persons with mental retardation or
developmental disabilities or within the portion for persons with
{ - alcohol or drug dependence - } { + substance use
disorders + } may be made without department approval.
(g) Make all necessary and proper rules to govern the
establishment and operation of community mental health and
developmental disabilities programs, including adopting rules
defining the range and nature of the services which shall or may
be provided under ORS 430.630.
(h) Collect data and evaluate services in the state hospitals
in accordance with the same methods prescribed for community
mental health and developmental disabilities programs under ORS
430.665.
(i) Develop guidelines that include, for the development of
comprehensive local plans in consultation with local mental
health authorities:
(A) The use of integrated services;
(B) The outcomes expected from services and programs provided;
(C) Incentives to reduce the use of state hospitals;
(D) Mechanisms for local sharing of risk for state
hospitalization;
(E) The provision of clinically appropriate levels of care
based on an assessment of the mental health needs of consumers;
(F) The transition of consumers between levels of care; and
(G) The development, maintenance and continuation of older
adult mental health programs with mental health professionals
trained in geriatrics.
(j) Work with local mental health authorities to provide
incentives for community-based care whenever appropriate while
simultaneously ensuring adequate statewide capacity.
(k) Provide technical assistance and information regarding
state and federal requirements to local mental health authorities
throughout the local planning process required under ORS 430.630
(10).
(L) Provide incentives for local mental health authorities to
enhance or increase vocational placements for adults with mental
health needs.
(m) Develop or adopt nationally recognized system-level
performance measures, linked to the Oregon Benchmarks, for
state-level monitoring and reporting of mental health services
for children, adults and older adults, including but not limited
to quality and appropriateness of services, outcomes from
services, structure and management of local plans, prevention of
mental health disorders and integration of mental health services
with other needed supports.
(n) Develop standardized criteria for each level of care
described in ORS 430.630 (10), including protocols for
implementation of local plans, strength-based mental health
assessment and case planning.
(o) Develop a comprehensive long-term plan for providing
appropriate and adequate mental health treatment and services to
children, adults and older adults that is derived from the needs
identified in local plans, is consistent with the vision, values
and guiding principles in the Report to the Governor from the
Mental Health Alignment Workgroup, January 2001, and addresses
the need for and the role of state hospitals.
(p) Report biennially to the Governor and the Legislative
Assembly on the progress of the local planning process and the
implementation of the local plans adopted under ORS 430.630
(10)(b) and the state planning process described in paragraph (o)
of this subsection, and on the performance measures and
performance data available under paragraph (m) of this
subsection.
(q) On a periodic basis, not to exceed 10 years, reevaluate the
methodology used to estimate prevalence and demand for mental
health services using the most current nationally recognized
models and data.
(r) Encourage the development of regional local mental health
authorities comprised of two or more boards of county
commissioners that establish or operate a community mental health
and developmental disabilities program.
(2) The department may provide technical assistance and other
incentives to assist in the planning, development and
implementation of regional local mental health authorities
whenever the department determines that a regional approach will
optimize the comprehensive local plan described under ORS 430.630
(10).
(3) The enumeration of duties and functions in subsection (1)
of this section shall not be deemed exclusive nor construed as a
limitation on the powers and authority vested in the department
by other provisions of law.
SECTION 26. ORS 137.308 is amended to read:
137.308. (1) The county treasurer shall deposit 60 percent of
the moneys received under ORS 137.309 (6), (8) and (9) into the
general fund of the county to be used for the purpose of
planning, operating and maintaining county juvenile and adult
corrections programs and facilities and { - drug and
alcohol - } { + substance use disorder + } programs approved by
the Governor's Council on { - Alcohol and Drug Abuse
Programs - } { + Substance Use Disorders + }. Expenditure by
the county of the funds described in this subsection shall be
made in a manner that is consistent with the approved community
corrections plan for that county; however, a county may not
expend more than 50 percent of the funds on the construction or
operation of a county jail. Prior to budgeting the funds
described in this subsection, a county shall consider any
comments received from, and upon request shall consult with, the
governing body of a city that forwards assessments under ORS
137.307 (1991 Edition) concerning the proposed uses of the funds.
(2) The county treasurer shall deposit 40 percent of the moneys
received under ORS 137.309 (6), (8) and (9) into the county's
court facilities security account established under ORS 1.182.
SECTION 27. ORS 409.010 is amended to read:
409.010. (1) The Department of Human Services is created.
(2) The department is responsible for the delivery and
administration of programs and services relating to:
(a) Children and families, including but not limited to child
protective services, foster care, residential care for children
and adoption services;
(b) Elderly persons and persons with disabilities, including
but not limited to social, health and protective services and
promotion of hiring of otherwise qualified persons who are
certifiably disabled;
(c) Persons who, as a result of the person's or the person's
family's economic, social or health condition, require financial
assistance, institutional care, rehabilitation or other social
and health services;
(d) Health and health-related affairs, including but not
limited to medical assistance and services, public health
services, migrant health services, licensing of health facilities
and coordination of the activities of professional and
occupational licensing boards;
(e) Mental health and developmental disabilities;
(f) Vocational rehabilitation for individuals with
disabilities;
(g) { - Alcohol abuse, drug abuse, addiction and chemical
dependency problems - } { + Substance use disorders + };
(h) Licensing and regulation of individuals, facilities and
programs providing health and human services, in accordance with
the provisions of state and federal law; and
(i) Any other health and human service programs and functions
delegated to the department by or in accordance with the
provisions of state and federal law.
(3) The department shall be the recipient of all federal funds
paid or to be paid to the state to enable the state to provide
the programs and services assigned to the department.
(4)(a) All personnel of the department, including those engaged
in the administration of vocational rehabilitation programs,
public assistance programs and services to families or children
in compliance with the federal Social Security laws, shall be
subject to the merit system prescribed in the State Personnel
Relations Law. For purposes of the State Personnel Relations Law,
the department is the appointing authority of all employees in
the department.
(b) The Director of Human Services, in conformity with the
State Personnel Relations Law, may appoint and employ such
personnel as may be necessary for the department, and may appoint
and fix the compensation of all assistants and employees of the
department.
(c) The director may authorize reimbursement of such expenses
as are approved by the department and incurred by assistants and
employees of the department, and by volunteers or other persons
not employed by the department, in carrying out duties assigned
or authorized by the department.
(5) The director may designate employees to be custodians of
records within any of the organizational units of the department,
and persons so designated shall have the duties and powers of
custodians of public records as prescribed by law. Such
designation shall be in writing and notice thereof shall be filed
in the office of the Secretary of State, with the director and in
the organizational unit to which the authorization applies.
SECTION 28. ORS 409.410 is amended to read:
409.410. (1) The Director of Human Services shall administer
all { - alcohol and drug abuse - } { + substance use
disorder + } programs, including but not limited to programs or
components of programs described in ORS 430.397 to 430.401,
475.225, 743.557 and 743.558 and ORS chapters 430 and { - 801
to 822 - } { + 813 + }.
(2) Subject to ORS 417.300 and 417.305, the director shall:
(a) Report to the Legislative Assembly on accomplishments and
issues occurring during each biennium, and report on a new
biennial plan describing resources, needs and priorities for all
{ - alcohol and drug abuse - } { + substance use disorder + }
programs.
(b) Develop within the Department of Human Services priorities
for { - alcohol and drug abuse - } { + substance use
disorder + } programs and activities.
(c) Monitor the priorities of approved { - alcohol and drug
abuse related - } { + substance use disorder + } programs in
all other state agencies.
(d) Conduct statewide and special planning processes which
provide for participation from state and local agencies, groups
and individuals.
(e) Identify the needs of special populations including
minorities, elderly, youth, women and individuals with
disabilities.
(f) Subject to ORS chapter 183, adopt such rules as are
necessary for the performance of the duties and functions
specified by this section, ORS 409.010 { - and 430.255 to
430.630 - } { + , 430.250, 430.255 and 430.257 + }, or otherwise
lawfully delegated.
(3) The director may apply for, receive and administer funds,
including federal funds and grants, from sources other than the
state. Subject to expenditure limitation set by the Legislative
Assembly, funds received under this subsection may be expended by
the director:
(a) For the study, prevention or treatment of { - alcohol and
drug abuse and dependence - } { + substance use disorders + }
in this state.
(b) To provide training, both within this state and in other
states, in the prevention and treatment of { - alcohol and drug
abuse and dependence - } { + substance use disorders + }.
SECTION 29. ORS 409.420 is amended to read:
409.420. In addition to the Director of Human Services' other
responsibilities, the director shall place special emphasis on
all of the following:
(1) Establishing standards for both public and private
{ - alcohol and drug abuse - } { + substance use disorder + }
prevention, intervention and treatment programs. It is the policy
of the Legislative Assembly that all programs providing
{ - alcohol and drug abuse related - } { + substance use
disorder + } prevention, intervention and treatment services in
this state, with public funds, meet the standards established
under this subsection.
(2) Providing training for state employees dealing directly
with appropriate client groups to { - insure - }
{ + ensure + } better recognition and understanding of
{ - alcohol and drug abuse - } { + substance use disorder + }
problems. Training is also to be directed at increasing knowledge
of appropriate and available resources for assisting clients with
{ - alcohol and drug abuse - } { + substance use disorder + }
problems.
(3) Conducting continuing long-term evaluation of clients and
other recipients of services from all Department of Human
Services funded programs, for periods of up to 24 months
following completion of service, to assess service effectiveness
and enable appropriate corrective actions.
(4) Ensuring financial audits and program reviews of
{ - alcohol and drug abuse related - } { + substance use
disorder + } programs and services that receive funds, including
beer and wine tax revenues distributed under ORS 430.380 and
471.810, from any state agency.
SECTION 30. ORS 410.040 is amended to read:
410.040. As used in ORS 409.010, 410.040 to 410.320, 411.590
and 441.630:
(1) 'Appropriate living arrangement' means any arrangement for
an elderly person or a person with a disability in a residential
setting which is appropriate for the person considering, in order
of priority, the following criteria:
(a) The desires and goals of the person;
(b) The right of the person to live as independently as
possible, in the least restrictive environment; and
(c) The cost of the living arrangement compared to other types
of living arrangements, based on the criteria in paragraphs (a)
and (b) of this subsection.
(2) 'Area agency' means:
(a) An established or proposed type A or type B Area Agency on
Aging within a planning and service area designated under Section
305 of the Older Americans Act; or
(b) Any public or nonprofit private agency which is designated
as a type A or type B Area Agency on Aging under Section 305 of
the Older Americans Act.
(3) 'Area agency board' means the local policy-making board
which directs the actions of the area agency within state and
federal laws and regulations.
(4) 'Department' means the Department of Human Services.
(5) 'Elderly person' means a person who is served by a type A
area agency or type B area agency or by the department and who is
60 years of age or older.
(6) 'Local government' means a political subdivision of the
state whose authority is general or a combination of units of
general purpose local governments.
(7) 'Person with a disability' means a person with a physical
or mental disability:
(a) Who is eligible for Supplemental Security Income or for
general assistance; and
(b) Who meets one of the following criteria:
(A) Has mental retardation or a developmental disability or is
mentally or emotionally disturbed, and resides in or needs
placement in a residential program administered by the
department.
(B) { - Is an alcohol or drug abuser - } { + Has a
substance use disorder + } and resides in or needs placement in a
residential program administered by the department.
(C) Has a physical or mental disability other than those
described in subparagraphs (A) and (B) of this paragraph.
(8) 'Preadmission screening' means a professional program
within the department or type B area agencies, with staff that
includes registered nurses and social workers, that assesses the
needs of clients and recommends appropriate placements in
residential programs administered by the department or type B
area agencies.
(9) 'Protective services' means a service to be provided by the
department directly or through type B area agencies, in response
to the need for protection from harm or neglect to elderly
persons and persons with disabilities.
(10) 'Title XIX' means long term care and health services
programs in Title XIX of the Social Security Act available to
elderly persons and persons with disabilities.
(11) 'Type A area agency' means an area agency:
(a) For which either the local government or the area agency
board does not agree to accept local administrative
responsibility for Title XIX; and
(b) That provides a service to elderly persons.
(12) 'Type B area agency' means an area agency:
(a) For which the local government agrees to accept local
administrative responsibility for Title XIX;
(b) That provides a service to elderly persons or to elderly
persons and persons with disabilities who require services
similar to those required by elderly persons; and
(c) That uses the term 'disabled services' or 'disability
services' in its title to communicate the fact that it provides
services to both populations described in paragraph (b) of this
subsection.
SECTION 31. ORS 417.705 is amended to read:
417.705. As used in ORS 417.705 to 417.801:
(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.
(5) 'Local commission' means a local commission on children and
families established pursuant to ORS 417.760.
(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
consists of:
(a) A community plan that identifies the community's needs,
strengths, goals, priorities and strategies for:
(A) Creating positive outcomes for children and families;
(B) Community mobilization;
(C) Coordinating programs, strategies and services for children
who are { - 0 through - } 18 years of age { + or younger + }
and their families among community groups, government agencies,
private providers and other parties; and
(D) Addressing the needs of target populations; and
(b) The service plans listed in ORS 417.775 { - (6) - } { +
(7) + } that designate specific services for the target
populations identified in the community plan.
(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.
(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.
(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 32. ORS 417.728 is amended to read:
417.728. (1) The State Commission on Children and Families, the
Department of Education, the Employment Department and the
Department of Human Services shall lead a joint effort with other
state and local early childhood partners to establish the
policies necessary for a voluntary statewide early childhood
system that shall be incorporated into the local coordinated
comprehensive plan.
(2) The voluntary statewide early childhood system shall be
designed to achieve:
(a) The appropriate early childhood benchmarks jointly
identified by the State Commission on Children and Families, the
Department of Education, the Employment Department and the
Department of Human Services, with input from early childhood
partners, as the appropriate benchmarks; and
(b) Any other early childhood benchmark or intermediate outcome
jointly identified by the State Commission on Children and
Families, the Department of Education, the Employment Department
and the Department of Human Services, with input from early
childhood partners, as an appropriate benchmark or outcome.
(3) The voluntary statewide early childhood system shall
include the following components:
(a) A process to identify as early as possible children and
families who would benefit from early childhood services;
(b) A plan to support the identified needs of the child and
family that coordinates case management personnel and the
delivery of services to the child and family; and
(c) Services to support children who are { - zero through - }
eight years of age { + or younger + } and their families who
give their express written consent, including:
(A) Screening, assessment and home visiting services pursuant
to ORS 417.795;
(B) Specialized or targeted home visiting services;
(C) Community-based services such as relief nurseries, family
support programs and parent education programs;
(D) High quality child care, as defined by the Commission for
Child Care;
(E) Preschool and other early education services;
(F) Health services for children and pregnant women;
(G) Mental health services;
(H) { - Alcohol and drug - } { + Substance use disorder + }
treatment programs that meet the standards promulgated by the
Department of Human Services pursuant to ORS 430.357;
(I) Developmental disability services; and
(J) Other state and local services.
(4) The State Commission on Children and Families, the
Department of Education, the Employment Department and the
Department of Human Services shall jointly:
(a) Consolidate administrative functions relating to the
voluntary statewide early childhood system, to the extent
practicable, including but not limited to training and technical
assistance, planning and budgeting. This paragraph does not apply
to the administrative functions of the Department of Education
relating to education programs;
(b) Adopt policies to establish training and technical
assistance programs to ensure that personnel have skills in
appropriate areas, including screening, family assessment,
competency-based home visiting skills, cultural and gender
differences and other areas as needed;
(c) Identify research-based age-appropriate and culturally and
gender appropriate screening and assessment tools that would be
used as appropriate in programs and services of the voluntary
statewide early childhood system;
(d) Develop a plan for the implementation of a common data
system for voluntary early childhood programs as provided in
section 7, chapter 831, Oregon Laws 2001;
(e) Coordinate existing and new early childhood programs to
provide a range of community-based supports;
(f) Establish a common set of quality assurance standards to
guide local implementation of all elements of the voluntary
statewide early childhood system, including voluntary universal
screening and assessment, home visiting, staffing, evaluation and
community-based services;
(g) Ensure that all plans for voluntary early childhood
services are coordinated and consistent with federal and state
law, including but not limited to plans for Oregon
prekindergarten programs, federal Head Start programs, early
childhood special education services, early intervention services
and public health services;
(h) Identify how the voluntary statewide early childhood system
for children who are { - zero through - } eight years of age
{ + or younger + } will link with systems of support for older
children and their families;
(i) Contract for an evaluation of the outcomes of the voluntary
statewide early childhood system; and
(j) During January of each odd-numbered year, report to the
Governor and the Legislative Assembly on the voluntary statewide
early childhood system. The report shall include the evaluation
described in paragraph (i) of this subsection.
(5) The State Commission on Children and Families, the State
Board of Education, the Employment Department and the Department
of Human Services when adopting rules to administer voluntary
early childhood programs under their individual authority shall
adopt rules that are consistent with the requirements of the
voluntary statewide early childhood system created under this
section.
(6) Information gathered in conjunction with the voluntary
comprehensive screening and assessment of children and their
families may be used only for the following purposes:
(a) Providing services to children and families who give their
express written consent;
(b) Providing statistical data that are not personally
identifiable;
(c) Accomplishing other purposes for which the family has given
express written consent; and
(d) Meeting the requirements of mandatory state and federal
disclosure laws.
SECTION 33. 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 { + :
(a) + } Promote wellness for children of all ages and their
families in the county or region { - , - } { + ;
(b) + } If the families have given their express written
consent,
{ - to - } mobilize communities { - and - } { + ; and
(c) + } To develop policy and oversee the implementation of a
local coordinated comprehensive plan described in this section.
{ + (2) 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, + } 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 through - } 18 years of age { + or
younger + } and their families;
(d) Develop local policies, priorities, outcomes and targets;
(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 and evaluate the 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) - } { + (3)(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) - } { + (4) + } The local commission shall lead and
coordinate a process to assess needs, strengths, goals,
priorities and strategies, 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 - } { + substance use disorder + } treatment programs,
public health programs, local child care resource and referral
agencies, 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) - } { + (5) + } Through the process described in
subsection { - (3) - } { + (4) + } of this section, the local
commission shall coordinate the development of a single local
plan for coordinating community programs, strategies and services
for children who are { - 0 through - } 18 years of age { + or
younger + } 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) - } { + (6) + } The local commission shall prepare
the local coordinated comprehensive plan and applications for
funds to implement ORS 417.705 to 417.801 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) - } { + (7) + } Subject to the availability of
funds:
(a) The local coordinated comprehensive plan shall include:
(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; and
(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).
(b) The local coordinated comprehensive plan shall reference:
(A) A voluntary local early childhood system plan created
pursuant to ORS 417.777;
(B) Local { - alcohol and other drug - } { + substance use
disorder + } prevention and treatment plans developed pursuant to
ORS 430.258;
(C) Local service plans, developed pursuant to ORS 430.630, for
the delivery of mental health services for children and their
families;
(D) Local public health plans, developed pursuant to ORS
431.385, that include public health issues such as prenatal care,
immunizations, well-child checkups, tobacco use, nutrition, teen
pregnancy, maternal and child health care and suicide prevention;
and
(E) The local high-risk juvenile crime prevention plan
developed pursuant to ORS 417.855.
{ - (7) - } { + (8) + } The local coordinated comprehensive
plan shall include 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.
{ - (8) - } { + (9) + } 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.
{ - (9) - } { + (10) + } In developing the local
coordinated comprehensive plan, the local commission shall:
(a) Secure active participation pursuant to subsection
{ - (3) - } { + (4) + } 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.
{ - (10) - } { + (11) + } The state commission may
disapprove the part of the local coordinated comprehensive plan
relating to the planning process required by this section and the
voluntary local early childhood system plan.
{ - (11)(a) - } { + (12)(a) + } The state commission may
disapprove the planning process and the voluntary local early
childhood system plan 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) or that the local plan fails to conform with the
planning process requirements of this section. The staff of the
state commission shall assist the local commission in remedying
the deficiencies in the planning process or the voluntary local
early childhood system plan. The state commission shall set a
date by which any deficient portions of the planning process or
the voluntary local early childhood system plan must be revised
and resubmitted to the state commission by the local commission.
(b) The state commission does not have approval authority over
the following service plans referenced in the local coordinated
comprehensive plan:
(A) The local { - alcohol and other drug - } { + substance
use disorder + } prevention and treatment plans developed
pursuant to ORS 430.258;
(B) Local service plans, developed pursuant to ORS 430.630,
relating to the delivery of mental health services;
(C) Local public health plans developed pursuant to ORS
431.385; and
(D) Local high-risk juvenile crime prevention plans developed
pursuant to ORS 417.855.
{ - (12) - } { + (13) + } The state commission, the
Governor's Council on
{ - Alcohol and Drug Abuse Programs - } { + Substance Use
Disorders + }, the Department of Human Services and the Juvenile
Crime Prevention Advisory Committee may jointly approve the
community plan that is part of the local coordinated
comprehensive plan, but may not jointly approve the service plans
that are referenced in the local plan. If the community plan is
disapproved in whole, the agencies shall identify with
particularity the manner in which the community plan is deficient
and the service plans may be implemented. If only part of the
community plan is disapproved, the remainder of the community
plan and the service plans may be implemented. The staff of the
agencies shall assist the local commission in remedying the
disapproved portions of the community plan. The agencies shall
jointly set a date by which the deficient portions of the
community plan shall be revised and resubmitted to the agencies
by the local commission. In reviewing the community plan, the
agencies shall consider the impact of state and local budget
reductions on the community plan.
{ - (13) - } { + (14) + } 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.
{ - (14) - } { + (15) + } From time to time, the local
commission may amend the local coordinated comprehensive plan and
applications for funds to implement ORS 417.705 to 417.801 and
419A.170. The local commission must amend the local plan to
reflect current community needs, strengths, goals, priorities and
strategies. Amendments become effective upon approval of the
board or boards of county commissioners and the state commission.
{ - (15) - } { + (16) + } The local commission shall keep
an official record of any amendments to the local coordinated
comprehensive plan under subsection { - (14) - } { + (15) + }
of this section.
{ - (16) - } { + (17) + } The local commission shall
provide an opportunity for public and private contractors to
review the components of the local coordinated comprehensive plan
and any amendments to the local 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.
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