70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
Enrolled
Senate Bill 555
Sponsored by Senator YIH; Senators BEYER, BROWN, BRYANT, BURDICK,
CASTILLO, CORCORAN, COURTNEY, DERFLER, DUNCAN, FERRIOLI,
FISHER, GEORGE, GORDLY, LIM, METSGER, NELSON, QUTUB, SHANNON,
SHIELDS, STARR, TARNO, TIMMS, TROW, WILDE, Representatives
BECK, BUTLER, KROPF, LEONARD, LEWIS, LOKAN, MESSERLE, MINNIS,
MORRISETTE, PATRIDGE, ROSS, SCHRADER, SHETTERLY, STARR,
THOMPSON, WELSH
CHAPTER ................
AN ACT
Relating to juveniles; creating new provisions; amending ORS
137.656, 329.155, 329.237, 417.300, 417.305, 417.705, 417.710,
417.730, 417.735, 417.747, 417.750, 417.755, 417.760, 417.765,
417.775, 417.780, 417.785, 417.787, 417.795, 418.191, 418.193,
430.250, 430.255 and 430.257; repealing ORS 417.310, 417.315,
417.320 and 417.325 and sections 41 and 54, chapter ___, Oregon
Laws 1999 (Enrolled Senate Bill 1127); appropriating money; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 417.300 is amended to read:
417.300. The purpose of ORS { - 417.300 to 417.325 - } { +
417.305 + } is to establish a state policy for serving Oregon's
children and families, in recognition that addressing the
needs { + , strengths and assets + } of children necessarily
requires addressing the needs { + , strengths and assets + } of
families { + and communities + }, and to direct state agencies
to { - coordinate state - } { + work in partnership with
local communities to plan, coordinate and provide + } programs
accordingly.
SECTION 2. ORS 417.305 is amended to read:
417.305. (1) The Legislative Assembly finds and declares that:
(a) Children are our future;
(b) Healthy children and families are of fundamental importance
to the vitality of Oregon;
(c) Children are entitled to safety and health;
(d) All children deserve love, respect and guidelines for
responsible behavior; { - and - }
(e) Families should be supported and strengthened { + ; and
(f) Communities provide the context for healthy children and
families, and strong families and healthy communities are
interdependent + }.
(2) The Legislative Assembly recognizes that demands on
families, created in part by changes in family structures and
relationships, intensify the need for Oregon to support children
and families toward the goals of family stability and broader
access for children, youth and families to:
Enrolled Senate Bill 555 (SB 555-C) Page 1
(a) The best possible physical and mental health;
(b) Adequate food and safe physical shelter;
(c) A safe and healthy environment;
(d) The highest quality of educational opportunity;
(e) Quality education;
(f) Effective training, apprenticeship and productive
employment;
(g) A range of civic, cultural, educational { - and
recreational activities which - } { + , family support and
positive youth development programs and activities that + }
promote self-esteem { + , involvement + } and a sense of
community;
(h) Community services { - which - } { + that + } are
efficient, coordinated and readily available; and
(i) Genuine participation in decisions concerning the planning
and managing of their lives and respect for such decisions.
(3) In the interest of assuring coordination of all children
and family services and education programs provided by or funded
by the state and the effective use of state resources, the state
shall:
(a) Develop a plan for appropriating adequate funds;
(b) Develop a cooperative partnership among state agencies that
serve children, youth and families;
(c) Establish state priorities; develop and implement service
standards that reflect a balanced and comprehensive range of
services for all children, youth and families; monitor and
evaluate services and { - insure - } { + ensure + }
accessibility of services for all children, youth and families;
and
(d) Actively seek the advice of local governmental
jurisdictions, providers of services, educators, the private
business sector, citizens and youth in effecting this subsection.
(4) The Legislative Assembly finds that, in order to fulfill
the purposes of { - ORS 417.300 to 417.325 - } { + this
section + }, service delivery systems for children and families
shall include:
(a) Cooperative partnerships among state agencies that serve
children, youth and families;
{ - (b) Family client-centered service systems described in
ORS 417.310 (6)(L); - }
{ - (c) - } { + (b) + } Methods of accountability to
measure effectiveness of state-funded programs; and
{ - (d) - } { + (c) + } Use of public resources for
programs and services that move the state toward meeting the
goals described in subsection (2) of this section and the
benchmarks adopted by the Oregon Progress Board.
SECTION 3. ORS 417.705 is amended to read:
417.705. As used in ORS 417.705 to 417.790 { - and
419A.170, - } { + :
(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) 'Local commission' means a local commission on children and
families established pursuant to ORS 417.760.
(3) '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
Enrolled Senate Bill 555 (SB 555-C) Page 2
process coordinated and led by a local commission and that is the
single plan for:
(a) Creating positive outcomes for children and families;
(b) Community mobilization; and
(c) Coordinating programs, strategies and services for children
who are 0 to 18 years of age and their families among community
groups, government agencies, private providers and other parties.
(4) + } ' Services for children and families' does not include
{ - those - } services provided by the Department of
Education { + or school districts that are related to curriculum
or instructional programs + }.
{ + (5) 'State commission' means the State Commission on
Children and Families established under ORS 417.730. + }
SECTION 4. ORS 417.710 is amended to read:
417.710. Subject to the availability of funds therefor and the
specific provisions of ORS 417.705 to 417.790 and 419A.170, it is
the purpose of ORS 417.705 to 417.790 and 419A.170 to:
(1) Authorize the State Commission on Children and Families to
set statewide { - policies for services to children and
families and to insure that state and federal funds for such
services are available where the services are needed - } { +
guidelines for the planning, coordination and delivery of
services for children and families in conjunction with other
state agencies and other planning bodies + };
{ - (2) Enable the boards of county commissioners and local
commissions on children and families to supervise local
services; - }
{ - (3) - } { + (2) + } Vest in local commissions on
children and families the authority to distribute state and
federal funds { + allocated to the local commissions to
supervise services or + } to purchase services { - to - } { +
for + } children and families in the local area and to supervise
the development of the { + local coordinated + } comprehensive
{ - local - } plan for services;
{ - (4) - } { + (3) + } { - Require - } { + Provide a
process for + } comprehensive local planning for services
{ - to - } { + for + } children and families to provide local
services that are consistent with statewide { - policies
and - } guidelines;
{ - (5) - } { + (4) + } Retain in the state the
responsibility for funding of services { - to - } { + for + }
children and families through a combination of local, state and
federal funding, including the leveraging of public and private
funds available under ORS 417.705 to 417.790 and 419A.170; { +
and + }
{ - (6) - } { + (5) + } Retain state supervision of child
protection and other services that should be uniform throughout
the state and that are necessarily the state's responsibility
{ - ; and - } { + . + }
{ - (7) Provide continuing service during the transition from
the current system of services to a local system of services so
that no lapse in services will occur. - }
SECTION 5. ORS 417.730 is amended to read:
417.730. (1) There is established a State Commission on
Children and Families consisting of { + :
(a) + } The Director of the Department of Human Resources
{ - , - } { + ;
(b) + } The Superintendent of Public Instruction { + ;
Enrolled Senate Bill 555 (SB 555-C) Page 3
(c) 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;
(d) 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; + } and
{ + (e) + } 12 members appointed by the Governor.
{ + (2) + } The appointments { + made by the Governor + }
shall reflect the state's diverse populations and regions and
shall include representatives with expertise along the full
developmental continuum of a child from the prenatal stage
through 18 years of age.
{ - (2) - } The { - appointed - } members { + appointed
by the Governor + } shall include:
(a) One representative from the Oregon Juvenile Department
Director's Association, from which the Governor may solicit
suggestions for appointment;
(b) Six public members who have demonstrated interest in
children, with consideration given to a youth member and persons
from the education community;
(c) Two members from local commissions on children and
families, one from a rural area and one from an urban area;
(d) One social service professional; and
(e) Two members from the business community who have
demonstrated interest in children.
(3) The term of office of each { - appointed - } member
{ + appointed by the Governor + } is four years. Before the
expiration of the term of an appointed member, the Governor shall
appoint a successor whose term begins on October 1. An appointed
member is eligible for reappointment. If there is a vacancy in an
appointed position for any cause, the Governor shall make an
appointment to become immediately effective for the unexpired
term.
(4) The appointments by the Governor to the state commission
are subject to confirmation by the Senate in the manner
prescribed in ORS 171.562 and 171.565.
(5) An appointed member of the state commission { + who is not
a member of the Legislative Assembly + } is entitled to
compensation and expenses as provided in ORS 292.495.
{ + Members who are members of the Legislative Assembly shall be
paid compensation and expense reimbursement as provided in ORS
171.072, payable from funds appropriated to the Legislative
Assembly. + }
(6)(a) The majority of the members of the state commission
shall be laypersons.
(b) As used in this subsection, 'layperson' means a person
whose primary income is not derived from either offering direct
service to children and youth or being an administrator for a
program for children and youth.
SECTION 6. ORS 417.735 is amended to read:
417.735. (1) The State Commission on Children and Families
shall promote the wellness of children and families at the state
level and shall act in accordance with the principles,
characteristics and values identified in ORS 417.710 to 417.725.
The state commission shall provide no direct services { - , but
shall be responsible for statewide planning, standards setting
and policy development for services to children and families
provided by the local commissions - } .
Enrolled Senate Bill 555 (SB 555-C) Page 4
(2) Funds for local commissions shall consist of payments from
moneys appropriated therefor to the State Commission on Children
and Families by the Legislative Assembly. The state commission
shall develop an equitable formula for the distribution of funds
to counties or regions for services { - to - } { + for + }
children and families, and a minimum annual grant shall be
provided to each county or region.
(3) The state commission shall:
(a) { - Adopt goals and priorities for serving children and
families; - } { + Set guidelines for the planning, coordination
and delivery of services by local commissions in partnership with
other planning bodies and agencies providing services for
children and families. The guidelines shall be consistent with
the key elements of the service system developed and implemented
under ORS 417.705 to 417.790. In conjunction with other planning
bodies and agencies providing social supports, the state
commission shall use the local coordinated comprehensive plans to
advise agencies, the Legislative Assembly and the Governor; + }
{ - (b) Determine which services, excluding those identified
in ORS 409.190 and 430.215, may be transferred to the local
commissions on children and families based on consultation with
appropriate state agencies and each local commission during its
planning process. Responsibility for services to children and
families shall be transferred to a local commission at the
request of the board or boards of county commissioners of a
county or region and after a finding by the state commission that
the county or region has a comprehensive and competent plan for
delivery of services that focuses on prevention and is integrated
with all services to children and families; - }
{ - (c) Be responsible for statewide planning, outcome
standard setting and policy development for service to children
and families in consultation with appropriate state and local
agencies and local commissions; - }
{ - (d) - } { + (b) + } Advise the Legislative Assembly and
the Governor concerning possible solutions to problems facing
children and families;
{ + (c) In conjunction with the Oregon Progress Board and in
consultation with other agencies, identify outcomes and interim
indicators relating to children and families consistent with the
Oregon benchmarks and shall monitor the progress of local
coordinated comprehensive plans in meeting identified
outcomes; + }
{ - (e) Identify outcomes relating to children and families
for incorporation in the Oregon benchmarks; - }
{ + (d) Encourage the development of innovative projects,
based on proven practices of effectiveness, that benefit children
and families; + }
{ - (f) Determine a list of children's support areas that
local commissions must address and ensure that each local plan
identifies which entities will be responsible for implementing
segments of the plan; - }
{ - (g) Review and approve or deny local plans after a review
and comment period and following a public hearing; - }
{ - (h) - } { + (e) + } Ensure that all services for
children and families are integrated and evaluated according to
their outcomes;
{ + (f) Compile, analyze and distribute information that
informs and supports statewide coordinated planning; + }
{ - (i) By January 1, 1995, recommend to the Legislative
Assembly what additional proposals of 'A Positive Future for
Enrolled Senate Bill 555 (SB 555-C) Page 5
Oregon's Children and Families' by the 1991-1992 Oregon
Children's Care Team Interim Task Force should be undertaken; - }
{ - (j) By January 1, 2000, implement other recommendations
of ' A Positive Future for Oregon's Children and Families'; - }
{ - (k) - } { + (g) + } Establish a uniform system of
reporting and collecting statistical data from counties and other
agencies serving children and families;
{ - (L) In conjunction with the Department of Human
Resources, educate, inform and give technical assistance to local
commissions about federal and state laws, regulations and rules,
and changes therein, governing the use of federal and state
funds; and - }
{ + (h) Provide a process whereby the Department of Human
Resources, Juvenile Crime Prevention Advisory Committee, Oregon
Youth Authority, Department of Education, Office of Community
College Services, Housing and Community Services Department and
Economic Development Department review all findings from data
collected by the local commissions through the local coordinated
comprehensive plans. The information gathered in this review
shall be considered by those agencies in designing future
economic resources and services and in the coordination of
services; + }
{ - (m) - } { + (i) + } Make recommendations to the
Commission for Child Care for the development of the state's
biennial child care plan { + ; and
(j) Communicate information and policy advice on current
research and proven practices of effectiveness, from both inside
and outside the state, including successful local strategies, to
local commissions, the Governor, the Legislative Assembly, state
agencies and the public. The information shall include progress
in meeting outcomes identified in the local coordinated
comprehensive plans + }.
{ + (4)(a) The state commission shall develop a review and
approval process for local coordinated comprehensive plans that
includes:
(A) A requirement that the local plan has been approved by the
board or boards of county commissioners;
(B) Assurance that the local plan meets essential criteria and
approval required by appropriate entities and meets appropriate
systems and planning connections; and
(C) Review of state expenditures of resources allocated to the
local commissions on children and families.
(b) The state commission shall develop the process under this
subsection in consultation with other entities involved in the
review and approval process.
(c) The state commission shall act on any waiver request from a
local commission within 90 days after receipt of the request.
(d) The state commission may disapprove a local plan for
failure to address the elements described in paragraph (a) of
this subsection within 90 days after receipt of the request. + }
{ - (4) - } { + (5) + } The state commission, in
coordination with the local commissions on children and families,
shall:
(a) Assist the local commissions in the development and
implementation of performance and outcome criteria for evaluating
services at the local level;
(b) Monitor the progress in meeting criteria in the local { +
coordinated comprehensive + } plans;
Enrolled Senate Bill 555 (SB 555-C) Page 6
{ - (c) In coordination with the Department of Human
Resources or other appropriate state agency, provide technical
assistance to the local commissions in developing the capacity
needed to offer all services funded in the approved local
plan; - }
{ + (c) In conjunction with the Department of Human Resources
and using the staff resources and other resources of the state
commission, educate, inform and provide technical assistance to
local commissions, including but not limited to technical
assistance with:
(A) Federal and state laws, regulations and rules, and changes
therein, governing the use of federal and state funds;
(B) Facilitation;
(C) Planning;
(D) Policy development;
(E) Proven practices of effectiveness;
(F) Local systems development;
(G) Community problem solving and mobilization; and
(H) Other services, as appropriate; + }
(d) Conduct research and disseminate information to local
commissions on children and families;
(e) Negotiate federal waivers in consultation with the
Department of Human Resources; { + and + }
{ - (f) Transfer state and federal funds to the local
commission upon approval of its local plan. In those cases where
two or more counties have combined to deliver services, the
counties shall not receive less as a group than they would have
received if each county had participated separately; and - }
{ - (g) - } { + (f) + } Develop a process for reviewing
requests for waivers from requirements of the state commission.
Requests for waivers shall be granted or denied as a part of the
{ - plan - } approval process { + for a local coordinated
comprehensive plan + }. { + The state commission shall not grant
a request for waiver that allows funds to be used for any purpose
other than early childhood prevention, intervention and treatment
programs. + }
{ - (5) - } { + (6) + } The state commission shall employ a
staff director who shall be responsible for hiring and
supervising any additional personnel necessary to assist the
state commission in performing its duties. { - The staff
director shall represent the state commission on the Oregon
Coordinating Council for Children and Families. - } The staff
director shall be responsible for management functions of the
state commission subject to policy direction by the state
commission.
{ - (6) - } { + (7) + } To the extent that federal funding
is not jeopardized, the State Commission on Children and Families
shall enter into an interagency agreement with the Department of
Human Resources in which they agree on a system to:
(a) Distribute all Title XX Social Services Block Grant funds
{ - on and after July 1, 1995 - } ;
(b) Ensure that federal and state requirements are met for
federal funds administered by the state commission; and
(c) Carry out the necessary auditing, monitoring and
information requirements for federal funds distributed by the
state commission.
{ - (7) - } { + (8) + } In addition to the authority under
subsection
{ - (4)(f) - } { + (5)(e) + } of this section, the state
commission may direct the Department of Human Resources or the
Enrolled Senate Bill 555 (SB 555-C) Page 7
appropriate state department providing services for children and
families { - , as defined in ORS 417.705, - } to negotiate
federal waivers. If the Department of Human Resources or any
other state agency does not pursue a federal waiver recommended
by the state commission, the state commission may ask the
Governor to direct the Department of Human Resources or other
state agency to apply for and negotiate the waiver.
{ - (8) - } { + (9) + } If the Department of Human
Resources or any other state agency refuses to distribute state
or federal funds as requested by the state commission, the state
commission may ask the Governor to direct the Department of Human
Resources or other state agency to distribute the funds.
{ - (9) - } { + (10) + } The programs shall be funded as
fully as possible by Title XX of the federal Social Security Act,
consistent with the terms and conditions of the block grant
program and the local { + coordinated comprehensive + } plans
that reflect community priorities established by the local
planning process.
{ - (10) - } { + (11) + } In conjunction with the
Department of Human Resources, the state commission, as soon as
possible, shall develop a plan to re-engineer and integrate the
data processing systems related to children's programs with the
objective of making management information more accessible. The
state commission shall make regular presentations to the Joint
Legislative Committee on Information Management and Technology on
its progress in developing and implementing the plan.
{ - (11) - } { + (12) + } Before each regular session of
the Legislative Assembly, the state commission shall
report { + , + } to the Governor and to the appropriate joint
interim committee as determined by the Speaker of the House of
Representatives and the President of the Senate { + , + } the
following:
{ + (a) Any additional proposals contained in 'A Positive
Future for Oregon's Children and Families' by the 1991-1992
Oregon Children's Care Team Interim Task Force that should be
undertaken; + }
{ - (a) - } { + (b) + } The status { + in all counties + }
of { - the children's service system in all counties - } { +
local service systems related to the health and wellness of
children and the adequacy of financial resources to deliver
services + };
{ - (b) - } { + (c) + } The progress in { - service areas
provided by the state - } { + achieving desired outcomes,
including but not limited to the benchmarks established by the
Oregon Progress Board and the statewide guidelines set by the
state commission under ORS 417.710 (1) + };
{ - (c) Services identified for funding at or transfer to the
local level; - }
{ - (d) Services identified to stay at the state level;
and - }
{ - (e) The status of integration of service delivery for
children and families with the Department of Education. - }
{ + (d) Barriers to achieving outcomes and benchmarks;
(e) Proposed solutions to barriers identified under paragraph
(d) of this subsection, including proven, effective and
innovative strategies; and
(f) County and community mobilization to increase public
awareness and involvement and funding of community determined
priorities. + }
Enrolled Senate Bill 555 (SB 555-C) Page 8
{ - (12) If it is necessary for any interagency agreements to
be executed between the Department of Human Resources and the
State Office for Services to Children and Families, the
agreements shall be executed no later than July 1, 1995. - }
(13)(a) The state commission may solicit, accept and receive
federal moneys or moneys or other property from persons or
corporations, public or private, for the purpose of carrying out
the provisions of ORS 417.705 to 417.790 and 419A.170.
(b) All federal moneys collected or received under paragraph
(a) of this subsection shall be accepted and transferred or
expended by the state commission upon such terms and conditions
as are prescribed by the Federal Government.
(c) All moneys and other property accepted by the state
commission under this subsection shall be transferred, expended
or used upon such terms and conditions as are prescribed by the
donor in a manner consistent with applicable law.
{ - (14)(a) The state commission shall administer a public
information program for families in conflict. In conjunction with
the Dispute Resolution Commission, the state commission shall
develop materials explaining community services that are
available to families in conflict. The materials shall include,
but need not be limited to: - }
{ - (A) Public service announcements and videos; - }
{ - (B) Explanations on the availability of, and procedures
for, dispute resolution; and - }
{ - (C) A packet of information that would include, at a
minimum, information about: - }
{ - (i) Child support guidelines; - }
{ - (ii) Parenting time and visitation guidelines in use in
the particular court; - }
{ - (iii) The availability of publicly funded child support
services; and - }
{ - (iv) The openness of discovery exchange. - }
{ - (b) The state commission shall make the information
referred to in paragraph (a)(B) and (C) of this subsection
available at courthouses, state and local government offices that
provide services to children and families and other public places
as appropriate. The court shall provide the packet of information
to persons filing a dissolution or other domestic relations
action. - }
SECTION 7. ORS 417.747 is amended to read:
417.747. Notwithstanding ORS 409.190, beginning on August 18,
1993, the department and the state commission may agree to
establish pilot programs in counties that are capable of handling
the program to administer foster care programs under the
department's jurisdiction. The pilot program must be accepted by
the board of county commissioners in the { - comprehensive - }
local { + coordinated comprehensive + } plan. The pilot program
shall be subject to federal requirements and the restrictions
agreed upon between the department and the county where the pilot
program is located.
SECTION 8. ORS 417.750 is amended to read:
417.750. { - (1) The Oregon Coordinating Council for Children
and Families shall serve as a resource for technical support to
the State Commission on Children and Families and shall advise
the state commission on program operations and service
integration. - }
{ - (2) - } { + (1) + } To { - further - } aid and
advise the State Commission { + on Children and Families + } in
the performance of its functions, the state commission may
Enrolled Senate Bill 555 (SB 555-C) Page 9
establish such advisory and technical committees as it considers
necessary. The state commission shall determine the
representation, membership, terms and organization of the
committees and shall appoint the members. { + The advisory and
technical committees shall include members of local commissions
on children and families. + }
{ - (3) - } { + (2) + } Members of committees are not
entitled to compensation, but at the discretion of the state
commission may be reimbursed from funds available to the state
commission for actual and necessary travel and other expenses
incurred in the performance of their official duties, subject to
ORS 292.495.
SECTION 9. { + On the effective date of this 1999 Act, the
Oregon Coordinating Council for Children and Families is
abolished. + }
SECTION 10. ORS 417.755 is amended to read:
417.755. The purpose of ORS 417.705 to 417.790 and 419A.170, as
described in ORS 417.710 to 417.725, shall be implemented by all
state agencies providing services for children and families
{ - , except as described in ORS 417.705, - } to guide the
providing of those services.
SECTION 11. ORS 417.760 is amended to read:
417.760. (1) The board of county commissioners of a county or
the boards of county commissioners of contiguous counties that
agree to appoint a regional commission:
(a) Shall appoint a chairperson and a minimum of eight members
to a local commission { - for - } { + on + } children and
families in the manner described in ORS 417.765.
(b) Shall appoint a local staff director. The staff director
shall hire and supervise any other support staff necessary for
operation of the local commission. The staff director and staff
are subject to county personnel policies and other administration
policies and ordinances. The staff director shall be responsible
for all management functions of the local commission.
(c) Must approve the local { + coordinated comprehensive + }
plan before it may be submitted to the State Commission on
Children and Families. If the local plan has been revised or is
amended, the revised or amended { + local + } plan must be
submitted to the board or boards for approval before it is
submitted to the state commission.
(2) The board or boards of county commissioners must approve
any transfer of responsibility for a state service and its
funding to a local commission.
(3) Funds payable to implement local { + coordinated
comprehensive + } plans shall be paid to the county. The board or
boards of county commissioners are responsible for the
expenditure of such funds subject to county budget and fiscal
operating procedures.
SECTION 12. ORS 417.765 is amended to read:
417.765. (1) A majority of { - the - } { + a + } local
commission { + on children and families + }, including the
chairperson, shall be laypersons as defined in ORS 417.730
(6)(b). Appointments to the local commission shall reflect the
county's or counties' diverse populations and shall reflect
expertise along the full spectrum of developmental stages of a
child, from the prenatal stage through 18 years of age. Members
shall include persons who have knowledge of the issues relating
to children and families in the affected communities, including
education and the court system.
Enrolled Senate Bill 555 (SB 555-C) Page 10
(2) Members of the local commission shall be appointed to
four-year terms. { - However, - } The appointing board or
boards of county commissioners { - shall establish staggered
terms for the persons initially appointed to the local
commission. A member is eligible to be appointed for not more
than two consecutive terms - } { + may appoint a member for
additional terms or may limit the number of terms that a member
may serve + }.
SECTION 13. 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
{ - purpose of the - } { + purposes of a + } local commission
{ + on children and families are + } { - is - } to promote
wellness for the children and families in the county or
region { + , to mobilize communities + } and to develop policy
and oversee the implementation of { - the - } { + a + } local
{ + coordinated comprehensive + } plan { - developed to
achieve the outcomes outlined in subsection (2) of this
section - } { + described in this section + }. { + 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 to 18 years of age and their families;
(d) Develop local policies, priorities and measurable outcomes;
(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 progress of and evaluate the outcomes identified in
the local plan that are reviewed under section 19 of this 1999
Act, and report on the progress in addressing priorities and
achieving outcomes. + }
(2) The local commission shall { + lead and coordinate a
process to + } assess needs and identify county or regional
outcomes to be achieved. { + The process shall be in conjunction
with other coordinating bodies for services for children and
families, including entities, governments, community groups,
education representatives, organizations, youths and citizens.
The process shall include populations representing a diversity of
the county or region.
(3) Through the process described in subsection (2) of this
section, the local commission + } { - It - } shall develop and
prepare a { + single local plan for coordinating programs,
strategies and services for children who are 0 to 18 years of age
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
each biennium - } for all services to be provided for children
and families in the county or region { - during the
biennium - } . The local plan shall be designed to achieve state
and county or regional outcomes, including the Oregon benchmarks,
based on state { + policies and + } guidelines and to maintain a
level of services consistent with state and federal requirements.
{ - (3) - } { + (4) + } The local commission shall prepare
the { - county or regional - } { + local coordinated
comprehensive + } plan and { - application - } { +
applications + } for funds to implement ORS 417.705 to 417.790
and 419A.170. The { - plans - } { + local plan + }, policies
Enrolled Senate Bill 555 (SB 555-C) Page 11
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 { - county or
regional - } { + 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 commission shall monitor progress of
key outcomes related to the county or regional plan - } { + The
local plan shall address needs, strengths and assets of all
children, families and communities, including those children and
families at highest risk + }.
{ - (4) - } { + (5) + } The { + local coordinated
comprehensive + } plan shall include:
(a) Subject to the availability of funds:
{ - (A) Consideration of prenatal and postnatal screening,
assessment and referral to the appropriate services for at-risk
children and families, including home visitations and health
care, to promote the wellness of the child at the earliest
possible time and also include consideration of crisis nurseries;
and - }
{ + (A) Identification of ways to connect all state and local
planning processes related to services for children and families
into the local coordinated comprehensive plan to create positive
outcomes for children and families; + }
{ - (B) Services to children who are newborn through 18 years
of age 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);
(C) An early childhood system plan created pursuant to section
20 of this 1999 Act;
(D) Local alcohol and other drug prevention and treatment plans
developed pursuant to section 31 of this 1999 Act; and
(E) The local high-risk juvenile crime prevention plan
developed pursuant to section 39 of this 1999 Act; and + }
(b) 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
{ - insure - } { + ensure + } that funds provided for these
purposes are used { - exclusively - } to carry out the
{ + local + }plan.
{ - (5) - } { + (6) + } The { + local coordinated
comprehensive + } plan shall { - be based on - } :
{ - (a) Children's support areas; - }
{ - (b) Local needs and desired outcomes; - }
{ + (a) Improve results by addressing the needs, strengths
and assets of all children, families and communities in the
county or region, including those children and 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;
Enrolled Senate Bill 555 (SB 555-C) Page 12
(d) { + Be based on + } { - best - } { + proven + }
practices { + of effectiveness + } for the specific community;
{ - and - }
{ - (e) Continuation of current public and private services
where appropriate. - }
{ + (e) Contribute to a 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. + }
{ - (6) - } { + (7) + } In developing the local
{ + coordinated + } comprehensive plan, the local commission
shall:
(a) Secure { - the - } active participation { - of local
and state service providers, educators, courts, representatives
of advisory groups and other groups planning for the delivery of
services to children and families, consumers, juvenile justice
professionals, child and family advocates, business leaders,
citizen review boards, churches, populations representing a
diversity of genders, cultures, orientations and disabilities of
the county or region, and other private organizations and
citizens - } { + pursuant to subsection (2) 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 { + . + }
{ - ; - }
{ - (f) Inform the citizenry about the contents of the plan
and provide for a public review and comment period; and - }
{ - (g) Develop a method for evaluating service outcomes. - }
{ - (7) - } { + (8) + } The State Commission on Children
and Families may disapprove a local { + coordinated
comprehensive + } plan in whole or in part only upon making
specific findings that the local plan substantially fails to
conform to the principles, characteristics and values identified
in ORS 417.710 to 417.725 { + and 417.735 (4) + }. If the state
commission disapproves a local plan in whole, the state
commission shall identify with particularity the manner in which
the local plan is deficient. If the state commission disapproves
only part of the { + local + } plan, the remainder of the { +
local + } plan may be implemented. The staff of the state
commission shall assist in remedying the deficiencies in the
local plan. The state commission shall set a date by which the
local plan or the deficient portion thereof shall be revised and
resubmitted.
{ - (8) - } { + (9) + } 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
Enrolled Senate Bill 555 (SB 555-C) Page 13
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
{ - plan - } { + 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.
{ - (9) - } { + (10) + } From time to time, the local
commission may amend the local { + coordinated comprehensive
plan + } { - plans - } and applications for funds to implement
ORS 417.705 to 417.790 and 419A.170 upon approval of the board or
boards of county commissioners and the State Commission on
Children and Families.
{ - (10) - } { + (11) + } The local commission shall
provide an opportunity for public and private contractors to
review the components of the { + local coordinated
comprehensive + } plan, to receive notice of any component that
the county { - intends - } { + or counties intend + } to
provide through a county agency and to comment publicly to the
{ - county board of - } { + board or boards of county + }
commissioners if they disagree with the proposed service delivery
plan.
SECTION 14. { + For the purpose of harmonizing and clarifying
statute sections published in Oregon Revised Statutes, the
Legislative Counsel may substitute for words designating the '
comprehensive local plan,' 'local comprehensive plan' or '
comprehensive plan' in reference to a local plan developed
pursuant to ORS 417.775, wherever they occur in Oregon Revised
Statutes, other words designating the 'local coordinated
comprehensive plan.' + }
SECTION 15. ORS 417.780 is amended to read:
417.780. Funds received by a county or counties from the state
to implement ORS 417.705 to 417.790 and 419A.170 shall not be
used to replace county general fund moneys, other than federal or
state funds, currently being used by the county for existing
programs for children and youth. However, in case of severe
financial hardship demonstrated by a county or counties, the
State Commission on Children and Families may waive the
requirements of this section in approving the local
{ + coordinated comprehensive + } plan.
SECTION 16. ORS 417.785 is amended to read:
417.785. A local commission is the recommended local structure
for implementation of ORS 417.705 to 417.790 and 419A.170.
However, a county or counties may elect to offer another
structure but shall submit only one local { + coordinated
comprehensive + } plan. The alternative structure must be
approved by the State Commission on Children and Families.
SECTION 17. ORS 417.787 is amended to read:
417.787. { - Effective July 1, 1995, - } The State
Commission on Children and Families shall:
(1) Determine when funds for services { - to - } { +
for + } children and families not described in ORS 409.190 and
430.215 are to be transferred to the local commission. If a local
commission with an approved { + local coordinated
comprehensive + } plan requests a transfer, the state commission
shall determine whether funds can be transferred.
(2) Determine which, if any, services { - to - } { +
for + } children and families that are not described in ORS
Enrolled Senate Bill 555 (SB 555-C) Page 14
409.190 and 430.215 are not to be transferred to local
commissions but are to remain state responsibilities.
SECTION 18. { + ORS 417.795 and sections 19, 20, 22, 23, 24
and 25 of this 1999 Act are added to and made a part of ORS
417.705 to 417.790. + }
SECTION 19. { + (1) Each state agency or other entity that is
responsible for a component of the local coordinated
comprehensive plan shall ensure that a biennial evaluation of the
plan component is conducted according to a consistent framework.
The program evaluation shall include:
(a) An identified goal and associated Oregon benchmarks;
(b) Proven practices of effectiveness and related Oregon data;
(c) A target population and a description of local service
systems that may be used in identifying, screening, recruiting
and serving the target population;
(d) Specific interim indicators that measure progress in
addressing risk contributors or developing core supports and
competencies and specific tools to measure the indicators;
(e) Baseline data about the incidence of risk and asset and
support factors with the goal of measuring change over time,
including an assessment of local need;
(f) Measures of fiscal accountability;
(g) Identified roles and responsibilities for state agencies
and local partners and performance indicators to measure
effectiveness in agreed-upon roles; and
(h) Measures of the change in coordination among service
providers and programs as a result of the local plan, including
increases in access to services.
(2) The State Commission on Children and Families shall
disclose the results of the evaluations to any person upon
request.
(3) The Oregon Progress Board shall conduct a review of the
outcomes achieved by local coordinated comprehensive plans in
accordance with ORS 417.735 (3)(c) for the purpose of identifying
success in achieving targets specified in local plans. The Oregon
Progress Board shall coordinate the review with the evaluations
conducted according to subsection (1) of this section. + }
SECTION 20. { + (1) The State Commission on Children and
Families, in consultation with the Department of Education, the
Board of Trustees of the Children's Trust Fund, the Department of
Human Resources and other state and local providers of early
childhood development services, shall establish the policies
necessary for a statewide early childhood system that shall be
incorporated into the local coordinated comprehensive plan.
(2) The system shall be designed to achieve the appropriate
Early Childhood Benchmarks and shall:
(a) Consolidate administrative functions, to the extent
practicable, including but not limited to training and technical
assistance, data systems, data collection, planning and
budgeting;
(b) Identify existing prenatal and perinatal services and other
early childhood services for children from birth through eight
years of age;
(c) Coordinate existing and new early childhood programs to
provide a range of community-based supports;
(d) Provide for the coordination of early childhood programs by
creating a multidisciplinary process to connect children and
families with the most appropriate supports to address identified
needs; and
Enrolled Senate Bill 555 (SB 555-C) Page 15
(e) Identify how the early childhood system for children who
are prenatal through eight years of age will link with systems of
support for older children and their families. + }
SECTION 21. ORS 417.795 is amended to read:
417.795. (1) The State Commission on Children and Families
established under ORS 417.730 shall establish { - four - }
Healthy Start Family Support Services { - pilot - } programs
provided through local commissions on children and families { +
in all counties of this state as + } { - . The state commission
may authorize the programs on a statewide basis if - } funding
becomes available.
(2) These programs shall be designed to achieve the appropriate
Early Childhood Benchmarks and shall:
(a) Provide a comprehensive risk assessment of all newly born
children and their families;
(b) Identify families that would benefit most from the
programs;
(c) Provide support services, including but not limited to
community-based home visiting intervention services and primary
health care services;
(d) Provide other supports, including but not limited to
referral and coordination of community and public services for
children and families such as counseling, child care, food,
housing and transportation;
(e) Coordinate services for children;
(f) Provide follow-up services and supports from birth through
five years of age;
(g) Establish a data system to document:
(A) Level of screening and assessment;
(B) Profile of risk and family demographics;
(C) Incidence of child abuse and neglect;
(D) Change in stress-coping and managing skills; and
(E) Rate of child development; and
(h) Establish a training program in the dynamics of the skills
needed to provide these services, such as assessment and home
visiting.
(3) The local commission { - on children and families - } ,
the health department { - , - } and other providers of prenatal
and perinatal services in { - participating - } counties shall
jointly develop an amendment to the local { + coordinated + }
comprehensive plan that shall
{ - provide the following - } :
(a) Identify existing perinatal services and describe and
prioritize additional services necessary for a voluntary
perinatal home visit system;
(b) Build on existing perinatal programs;
(c) Identify ways to maximize the use of paraprofessionals,
volunteers and other community resources; and
(d) Target, at a minimum, all first birth families in the
county.
(4) The local commission { - on children and families
established under ORS 417.760 - } , according to the portion of
the
{ - comprehensive - } local plan dealing with the { - pilot
project - } { + Healthy Start Family Support Services
program + }, shall cause a family support worker to be assigned
to each family assessed as at risk that consents to receive
services through the worker. The worker shall conduct home visits
and assist the family in gaining access to needed services.
Enrolled Senate Bill 555 (SB 555-C) Page 16
(5) The services required by this section shall be provided
through requests for proposals from hospitals, public or private
entities or organizations, or any combination thereof, capable of
providing all or part of the family risk assessment and the
follow-up services. In granting the contract, the local
commission shall take into consideration the most effective and
consistent service delivery system allowing for the continuation
of current public and private programs where appropriate.
(6) The family risk assessment and follow-up services for
families at risk shall be provided by paraprofessional family
support workers organized in teams supervised by a manager and
including a family services coordinator who is available to
consult.
{ + (7)(a) A county or group of counties may request a waiver
from the state commission of requirements of the Healthy Start
Family Support Services program and may apply to the state
commission to use funds from the program for alternative early
childhood programs that address the requirements of this section.
(b) A waiver request may be approved by a majority vote of the
state commission sitting at a regular meeting. The state
commission may approve a waiver request if the state commission
determines that the waiver application demonstrates improvement
of a specific outcome or combination of outcomes that would have
been obtained without a waiver and demonstrates that the
alternative program meets the requirements of this section.
(c) The state commission shall approve or reject a waiver
request within 90 days after receiving the request. + }
SECTION 22. { + (1) Local commissions on children and families
may establish relief nurseries for young children who are at risk
and their families. The relief nurseries shall involve the
parents of children served by the relief nurseries. Programs at
the relief nurseries shall include:
(a) Therapeutic early childhood education programs; and
(b) Parent education, training and support.
(2) Each relief nursery that receives state funding shall + }
{ + have financial support from the community that is at least
equal to 25 percent of any state allocation. + }
SECTION 23. { + In addition to any relief nurseries that exist
on the effective date of this 1999 Act, during the 1999-2001
biennium, the State Commission on Children and Families may
select two additional local commissions on children and families
to establish relief nurseries that are consistent with section 22
of this 1999 Act. The additional relief nurseries must be a
provision of the approved local coordinated comprehensive plan
prior to being established. + }
SECTION 24. { + In addition to the family resource centers
created as demonstration sites pursuant to section 1, chapter
760, Oregon Laws 1997, during the 1999-2001 biennium, the State
Commission on Children and Families shall encourage the
development of other family resource centers by local commissions
on children and families that are consistent with ORS 417.725 and
the local coordinated comprehensive plan. Family resource centers
that are established pursuant to this section shall:
(1) Involve parents in the care and education of their
children;
(2) Involve the local community in developing and overseeing
family resource center programs; and
(3) Incorporate the principles of family support services
described in ORS 417.342. + }
Enrolled Senate Bill 555 (SB 555-C) Page 17
SECTION 25. { + During the 1999-2001 biennium, the State
Commission on Children and Families shall expand the First Step
violence prevention program for kindergarten children at risk for
conduct disorders, their parents and teachers. The state
commission, in conjunction with the University of Oregon
Institute on Violence and Destructive Behavior, shall select
additional local commissions on children and families to
establish First Step violence prevention programs. + }
SECTION 26. ORS 329.155 is amended to read:
329.155. (1) { + State agencies that administer + } education
{ + programs + } and other programs { - providing - }
{ + that provide + } services { - to - } { + for + }
children and families { - , as identified in ORS 417.315
(4), - } shall:
(a) Evaluate the effectiveness of the program as related to the
principles stated in ORS 329.025 and 417.305 in the earliest
stages of the budget process { + , including components within
programs as appropriate + };
(b) Articulate ways in which the program is an effective
component of agency and state priorities, goals and strategies,
such as those developed by the Oregon Progress Board, or to
relevant research and professional standards;
(c) Establish plans, interagency partnerships, implementation
practices and interactions with local { - and private
sectors - } { + coordinated comprehensive plans + };
(d) Utilize the information generated by applicable state
advisory groups and by the local planning process administered by
the State Commission on Children and Families in the program
assessment of needs and decisions as to service delivery in a
given community; and
(e) Identify barriers to improving program capability to serve
the needs of young children and related recommendations, if any.
(2) The processes listed in subsection (1) of this section are
for the purpose of generating interagency coordination so as to
serve to the greatest extent possible young children and their
families in a comprehensive and developmentally appropriate
fashion. The information generated by these processes shall be
considered as a contribution to subsequent budget decisions by
state and local agencies, the Oregon Department of Administrative
Services and Legislative Assembly, and as a contribution to the
planning { + and coordination + } tasks of the State Commission
on Children and Families { - and the coordinating tasks of the
Oregon Coordinating Council for Children and Families - } .
SECTION 27. ORS 329.237 is amended to read:
329.237. (1) The Department of Education shall administer the
Early Childhood Improvement Program to assist public school
districts in providing programs designed to improve educational
services for children enrolled in kindergarten through grade
three. Programs shall be based on research and proven successful
practices.
(2) The programs shall include the following planned
components:
(a) Targeted services for 'at-risk' children that may be in
cooperation with local commissions on children and families to
provide services to families, which may include but are not
limited to remedial and alternative academic programs, child
care, parent participation and child development services.
(b) Efforts to improve the kindergarten through third grade
curriculum and educational practices so that they:
Enrolled Senate Bill 555 (SB 555-C) Page 18
(A) Are consistent with research findings on how children
learn;
(B) Are sensitive to individual differences such as cultural
background and learning styles; and
(C) Encourage parent participation. Such efforts may include
but are not limited to adapting curricula and training
administrators and other staff in early childhood education and
child development.
(c) Comprehensive education, health care and social services
for children to be provided through interagency agreements among
school districts, health care and social service providers.
(d) Evaluation of programs by goals set by the district for the
program.
(e) Planned transition from prekindergarten programs to
kindergarten through grade three.
(3) In addition to the components listed in subsection (4) of
this section, Early Childhood Improvement Programs may include
but are not limited to the following components:
(a) Extended day services for school age children who need care
or enrichment opportunities; and
(b) Programs designed to improve the adult to child ratios in
kindergarten through grade three.
(4) The district application shall include:
(a) Plans developed by 21st Century Schools Councils at the
school building level as described in ORS 329.704; and
(b) Demonstrated consistency with the local assessments and
{ + local coordinated comprehensive + } plans resulting from
ORS 417.705 to 417.790 { - and 419A.170 - } .
(5) Funds shall be available to districts with approved
applications on a per child basis for the district's children
enrolled in kindergarten through grade three. Funds not allocated
shall be prorated to the districts with approved applications not
later than the end of the fiscal year for which the allocation is
made.
(6) If the district plan proposes use of innovative
instructional materials, the State Board of Education, pursuant
to ORS 337.050, may waive the use of such instructional materials
as might otherwise have been required.
SECTION 28. ORS 418.191 is amended to read:
418.191. (1) To carry out the purposes of ORS 418.187 to
418.199 and 432.090, the Board of Trustees of the Children's
Trust Fund may:
(a) Contract with private nonprofit or public organizations,
agencies or school districts for the establishment of
community-based educational and service programs designed to
reduce the occurrence of child abuse and neglect. Contracts also
may be awarded to support research programs related to prevention
of child abuse and neglect, to develop and strengthen community
child abuse and neglect prevention networks and to develop family
resource programs. Each contract entered into by the board shall
contain a provision for the evaluation of services provided under
the contract. Contracts for services to prevent child abuse and
child neglect shall be awarded as demonstration projects.
Continuation of contracts will be determined by the success of
the projects and community financial support. Contracts for
services to prevent child abuse and child neglect shall be
awarded, in part, on the basis of likelihood of success as
determined by current research and expert opinion.
(b) Facilitate the exchange of information between groups
concerned with families and children.
Enrolled Senate Bill 555 (SB 555-C) Page 19
(2) The board shall consider need and the area of the state
from which an application is submitted to ensure that all areas
of the state develop programs pursuant to ORS 418.187 to 418.199
and 432.090. The board shall also consider and give great weight
to whether an application has been approved by any local
commission { + on children and families + } pursuant to a
{ + local coordinated comprehensive + } plan developed under ORS
417.775.
SECTION 29. ORS 418.193 is amended to read:
418.193. (1) The Board of Trustees of the Children's Trust Fund
is established and shall consist of 12 members selected from the
various geographic areas of the state and from the state's
diverse populations. Member appointments shall be based on a
demonstrated interest in and knowledge of prevention of child
abuse and neglect. Members shall be appointed by the Governor.
(2) The term of office of a member of the board is four years,
but a member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on July 1 next following. A member is
eligible for reappointment. If there is a vacancy for any cause,
the Governor shall make an appointment to become immediately
effective for the unexpired term.
(3) The board shall review all applications for contracts
submitted and shall provide funds for applications and contracts
as provided in ORS 418.191 for purposes stated in ORS 418.187 to
418.199 and 432.090.
(4) Members of the board shall receive no compensation for
their services. Members of the board other than members employed
in full-time public service shall be reimbursed by the board for
their actual and necessary expenses incurred in the performance
of their duties. Such reimbursements shall be subject to the
provisions of ORS 292.210 to 292.288. Members of the board who
are employed in full-time public service may be reimbursed for
their actual and necessary expenses incurred in the performance
of their duties by their employing agency.
(5) The board shall meet at least once every three months and
at such other times as may be specified by the chairperson or a
majority of the board.
(6) The board shall employ an executive director and may employ
any other employees it deems necessary for the effective conduct
of the work under its charge. The board may also contract with
{ - any member agency of the Oregon Coordinating Council for
Children and Families - } { + other state agencies that provide
services for children and families + } or any { - other - }
private agency for the use of staff and office space.
(7) In accordance with the applicable provisions of ORS 183.310
to 183.550, the Board of Trustees of the Children's Trust Fund
may adopt rules necessary for the administration of the laws that
the board is charged with administering.
SECTION 30. { + Sections 31 and 32 of this 1999 Act are added
to and made a part of ORS 430.255 to 430.630. + }
SECTION 31. { + The Governor's Council on Alcohol and Drug
Abuse Programs shall prepare criteria and policies for a
statewide plan of services for alcohol and other drug 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 prevention and treatment
plans developed pursuant to this section into the local
coordinated comprehensive plan created under ORS 417.775. The
Enrolled Senate Bill 555 (SB 555-C) Page 20
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 32. { + All state agencies providing alcohol and other
drug prevention and treatment services and strategies, or
purchasing prevention and treatment services and strategies from
local community providers approved or licensed by the office of
Alcohol and Drug Abuse Programs, shall coordinate with the office
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 prevention and treatment
for children and families prepared under section 31 of this 1999
Act. + }
SECTION 33. 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 { - insure - } { + 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,
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 plan
{ - which - } { + that:
(A) Incorporates priorities and recommendations contained in
the alcohol and drug abuse related components of each local
coordinated comprehensive plan;
(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 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
Enrolled Senate Bill 555 (SB 555-C) Page 21
drug problems for compliance with the approved statewide alcohol
and drug abuse 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
to assist:
(a) In the preparation of the proposed statewide alcohol and
drug abuse 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 prevention, intervention or treatment or rehabilitation
services, or any of them.
SECTION 34. 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. The council shall consist of not more than 11 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) - } { + (A) + } Geographic regions of the state;
{ - (b) - } { + (B) + } At-risk populations, including
among others, youth, the elderly, minorities and women;
{ - (c) - } { + (C) + } Knowledgeable professionals, such
as pharmacists, physicians, attorneys and the like who are not
necessarily representatives of professional organizations, but
who may be recovering;
{ - (d) - } { + (D) + } Knowledgeable nonprofessionals who
may represent advocate groups and who may be recovering; and
{ - (e) - } { + (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 are to:
(a) Assess the economic and social impact of alcohol and drug
abuse 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 problems,
which encompasses all appropriate state agencies { + and is
consistent with section 31 of this 1999 Act + }, by January 1 of
each even-numbered year.
(c) Review alcohol and drug abuse 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 problems engaged in or financed
through state agencies by January 1 of each even-numbered year.
Enrolled Senate Bill 555 (SB 555-C) Page 22
{ + (d) Review and approve the components of the local
coordinated comprehensive plan created pursuant to ORS 417.775
that address alcohol and other drug prevention and treatment
plans developed under section 31 of this 1999 Act.
(e) Work to ensure broad-based citizen involvement in the
planning and execution of the alcohol and drug prevention and
treatment plans at both the state and local level. + }
(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 Assistant Director for Alcohol and Drug Abuse Programs
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,
430.270, 430.290, 430.359, 430.368, 430.535 and 430.630 { + and
sections 31 and 32 of this 1999 Act + }.
SECTION 35. ORS 430.257 is amended to read:
430.257. { + (1) The Legislative Assembly finds that alcohol
and other drug use, abuse and addiction:
(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
Resources, Department of Corrections, Oregon Youth Authority,
Juvenile Crime Prevention Advisory Committee and State Commission
on Children and Families.
(2) The Department of Human Resources, Department of
Corrections, Oregon Youth Authority, Juvenile Crime Prevention
Advisory Committee and State Commission on Children and Families
shall contribute to the development of a comprehensive state plan
for alcohol and other drug prevention, intervention and treatment
services.
(3) + } The administrative heads of the Department of
Education, Department of Human Resources, Oregon State Police,
Department of Transportation, Oregon Liquor Control
Commission { + , Juvenile Crime Prevention Advisory Committee + }
and State Commission on Children and Families shall each
designate an individual, or in the instance of multidivisional
departments, individuals, to serve as liaison to and assist both
the Governor's Council on Alcohol and Drug Abuse Programs and the
Assistant Director for Alcohol and Drug Abuse Programs in meeting
the policies, duties and responsibilities set forth in this
section and ORS 409.010, 430.250, 430.255, 430.270, 430.290,
430.359, 430.368, 430.535 and 430.630 { + and sections 31 and 32
of this 1999 Act + }.
SECTION 36. { + (1) The Juvenile Crime Prevention Advisory
Committee is created within the Oregon Criminal Justice
Commission.
(2) The committee shall have the following members:
(a) The Director of the Oregon Youth Authority or a designee of
the director;
(b) The staff director of the State Commission on Children and
Families or a designee of the staff director;
(c) The Director of Human Resources or a designee of the
director;
Enrolled Senate Bill 555 (SB 555-C) Page 23
(d) The Assistant Director for Alcohol and Drug Abuse Programs
or a designee of the assistant director;
(e) The executive director of the Oregon Criminal Justice
Commission or a designee of the executive director;
(f) The Superintendent of Public Instruction or a designee of
the superintendent;
(g) The Superintendent of State Police or a designee of the
superintendent;
(h) The Director of the Department of Corrections or a designee
of the director;
(i) One designee of the Governor;
(j) 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;
(k) 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;
and
(L) One designee of the Chief Justice of the Supreme Court from
the Judicial Department who serves as an ex officio member to
provide information and support the partnership role of the
courts in an effective comprehensive statewide approach to
high-risk youth and their families.
(3) In addition to the members listed in subsection (2) of this
section, the Governor shall appoint the following members who
shall be representative of the geographic and cultural diversity
of the state:
(a) To represent local public and private entities:
(A) A county commissioner;
(B) A local juvenile director;
(C) A director of a local commission on children and families;
(D) Two law enforcement officials;
(E) A county mental health director;
(F) An alcohol and drug abuse professional;
(G) A school superintendent;
(H) A private youth service provider; and
(I) An elected city official;
(b) A researcher;
(c) A citizen member; and
(d) Other members as determined by the Governor.
(4) Each member of the committee appointed by the Governor
under subsection (3) of this section shall serve a term of four
years. Members appointed by the Governor shall serve at the
pleasure of the Governor. A vacancy in the office of any member
appointed by the Governor under subsection (3) of this section
shall be filled by the Governor by appointment for the unexpired
term.
(5) The Governor shall select one of the members of the
committee as chairperson and one of its members as vice
chairperson.
(6) The committee shall meet at times, places and intervals
deemed advisable by a majority of the members.
(7) The Oregon Criminal Justice Commission shall provide staff
support to the committee. + }
SECTION 37. { + Notwithstanding the term of office specified
by section 36 (4) of this 1999 Act, of the members first
appointed to the Juvenile Crime Prevention Advisory Committee by
the Governor:
(1) At least five shall serve for a term ending two years after
the date that the member was appointed.
Enrolled Senate Bill 555 (SB 555-C) Page 24
(2) At least five shall serve for a term ending four years
after the date that the member was appointed. + }
SECTION 38. { + The Juvenile Crime Prevention Advisory
Committee shall:
(1) Review the budget and allocation formula for appropriations
for the purpose of juvenile crime prevention;
(2) Review the components of the local coordinated
comprehensive plans for children and families created pursuant to
ORS 417.775 that address local high-risk juvenile crime
prevention plans developed under section 39 of this 1999 Act and
make recommendations to the Governor about the local plans;
(3) Ensure that high-risk juvenile crime prevention planning
criteria are met by state and local public and private entities;
(4) Recommend high-risk juvenile justice and juvenile crime
prevention policies to the Governor and the Legislative Assembly;
(5) Ensure initiation of contracts based on approved local
high-risk juvenile crime prevention plans and oversee contract
changes;
(6) Review data and outcome information;
(7) Establish and publish review and assessment criteria for
the local high-risk juvenile crime prevention plans. The criteria
shall include, but not be limited to, measuring changes in
juvenile crime and juvenile recidivism;
(8) Review and coordinate county youth diversion plans and
basic services grants with the local high-risk juvenile crime
prevention plans. Basic services grants may be used for detention
and other juvenile department services including:
(a) Shelter care;
(b) Treatment services;
(c) Graduated sanctions; and
(d) Aftercare for youth offenders;
(9) Work to ensure broad-based citizen involvement in the
planning and execution of high-risk juvenile crime prevention
plans at both the state and local levels;
(10) Develop a funding policy that provides incentives for
flexible programming and promotes strategies that stress
reinvestment in youth;
(11) Periodically report to the Governor and the Legislative
Assembly on the progress of the committee;
(12) Oversee and approve funding and policy recommendations of
the state advisory group as required by the federal Juvenile
Justice and Delinquency Prevention Act of 1974, 42 U.S.C. 5601 et
seq.; and
(13) Work with tribal governments to develop tribal high-risk
juvenile crime prevention plans. + }
SECTION 39. { + (1) Each board of county commissioners shall
designate an agency or organization to serve as the lead planning
organization to facilitate the creation of a partnership among
state and local public and private entities in each county. The
partnership shall include, but is not limited to, local
commissions on children and families, education representatives,
public health representatives, local alcohol and drug planning
committees, representatives of the court system, local mental
health planning committees, city or municipal representatives and
local public safety coordinating councils. The partnership shall
develop a local high-risk juvenile crime prevention plan that
shall be incorporated into the local coordinated comprehensive
plans created pursuant to ORS 417.775.
Enrolled Senate Bill 555 (SB 555-C) Page 25
(2) The local high-risk juvenile crime prevention plans shall
use services and activities to meet the needs of a targeted
population of youths who:
(a) Have more than one of the following risk factors:
(A) Antisocial behavior;
(B) Poor family functioning or poor family support;
(C) Failure in school;
(D) Substance abuse problems; or
(E) Negative peer association; and
(b) Are clearly demonstrating at-risk behaviors that have come
to the attention of government or community agencies, schools or
law enforcement and will lead to imminent or increased
involvement in the juvenile justice system.
(3)(a) The Oregon Criminal Justice Commission shall allocate
funds available to support the local high-risk juvenile crime
prevention plans to counties based on the youth population age 18
or younger in those counties.
(b) The commission shall award a minimum grant to small
counties. The minimum grant level shall be determined by the
Juvenile Crime Prevention Advisory Committee through a public
process and reviewed by the committee biennially. + }
SECTION 40. { + (1) A county or group of counties may place
greater emphasis on early intervention and work with younger
children than required by the Juvenile Crime Prevention Advisory
Committee if the county or counties have been granted a waiver
pursuant to this section.
(2) The Juvenile Crime Prevention Advisory Committee shall
extend to June 30, 2005, any early intervention waiver granted to
any county through the review of the county's 1998 high-risk
juvenile crime prevention plan.
(3) In consultation with any county that received a 1998 waiver
or any county or group of counties requesting a waiver and no
later than June 30, 2000, the Juvenile Crime Prevention Advisory
Committee shall develop an objective process, review criteria and
timetable for consideration of waiver requests. A waiver granted
under this section shall apply to the requirements for basic
services grants described in section 38 (8) of this 1999 Act and
high-risk juvenile crime prevention resources managed by the
Oregon Criminal Justice Commission. The waiver shall be
consistent with the goals of ORS 137.656, 417.705 to 417.790,
430.250, 430.255 and 430.257 and sections 31, 32, 38 and 39 of
this 1999 Act.
(4) Any documentation required for a waiver under this section
shall be from material contained in a county's juvenile crime
prevention plan and from material as determined through biennial
intergovernmental agreements.
(5) The Juvenile Crime Prevention Advisory Committee shall
grant a waiver or continue a waiver based on criteria that
includes:
(a) Rate of Oregon Youth Authority discretionary bed usage
compared to other counties;
(b) Comparative analysis of detention and secure shelter
capacity per 1,000 juveniles;
(c) Investment of local resources in juvenile crime prevention;
(d) Inclusion of prevention or early intervention strategies in
the juvenile crime prevention plan;
(e) Investments that emphasize innovation and proven practices
of effectiveness;
Enrolled Senate Bill 555 (SB 555-C) Page 26
(f) Support of the local public safety coordinating council,
local commission on children and families and board of county
commissioners; and
(g) Local integration practices including citizens, victims,
courts, law enforcement, business and schools.
(6) The committee shall review and act on any request for a
waiver within 90 days after receipt of the request. + }
SECTION 41. { + Section 40 of this 1999 Act is repealed on
January 1, 2006. + }
SECTION 42. { + (1) The Juvenile Crime Prevention Advisory
Committee shall coordinate planning and implementation of:
(a) The State Incentive Cooperative Agreement grant from the
federal Center for Substance Abuse Prevention; and
(b) Other federal grants focused on high-risk youth or
coordinated partnerships for high-risk youth, in conjunction with
the state and county high-risk juvenile crime prevention plans.
(2) A county or consortium of counties that receives funds from
grants for juvenile crime prevention from multiple state agencies
may request and shall receive a single consolidated grant of
state juvenile crime prevention funds. The county or counties and
the state agencies shall develop program outcomes for the use of
the consolidated grant funds. The state agencies shall require
the county or counties to comply with grant requirements and
report on the outcomes on a periodic basis. + }
SECTION 43. { + Section 42 of this 1999 Act is repealed July
1, 2004. + }
SECTION 44. ORS 137.656 is amended to read:
137.656. (1) The purpose of the Oregon Criminal Justice
Commission is to improve the effectiveness and efficiency of
state and local criminal justice systems by providing a
centralized and impartial forum for statewide policy development
and planning.
(2) The primary duty of the commission is to develop and
maintain a state criminal justice policy and comprehensive,
long-range plan for a coordinated state criminal justice system
that encompasses public safety, offender accountability, crime
reduction and prevention and offender treatment and
rehabilitation. The plan must include, but need not be limited
to, recommendations regarding:
(a) Capacity, utilization and type of state and local prison
and jail facilities;
(b) Implementation of community corrections programs;
(c) Alternatives to the use of prison and jail facilities;
(d) Appropriate use of existing facilities and programs;
(e) Whether additional or different facilities and programs are
necessary;
(f) Methods of assessing the effectiveness of juvenile and
adult correctional programs, devices and sanctions in reducing
future criminal conduct by juvenile and adult offenders; and
(g) Methods of reducing the risk of future criminal conduct.
(3) Other duties of the commission are:
(a) To conduct joint studies by agreement with other state
agencies, boards or commissions on any matter within the
jurisdiction of the commission.
(b) To provide Oregon criminal justice analytical and
statistical information to federal agencies and serve as a
clearinghouse and information center for the collection,
preparation, analysis and dissemination on state and local
sentencing practices.
Enrolled Senate Bill 555 (SB 555-C) Page 27
(c) To provide technical assistance and support to local public
safety coordinating councils.
{ + (d) To implement the recommendations of the Juvenile
Crime Prevention Advisory Committee, as approved by the Governor.
(e) In cooperation with other state and federal agencies, to
coordinate technical assistance efforts on a statewide and
county-specific basis relating to juvenile crime prevention
programs and services.
(4) The commission may contract with local governments or other
entities to administer juvenile crime prevention programs and
services. In accordance with the applicable provisions of ORS
183.310 to 183.550, the commission may adopt rules necessary for
the administration of juvenile crime prevention programs and
services. + }
SECTION 45. { + (1) The State Commission on Children and
Families, the Juvenile Crime Prevention Advisory Committee and
the Governor's Council on Alcohol and Drug Abuse Programs shall
report to the Seventy-second Legislative Assembly on the
implementation of this 1999 Act on both the state and local
levels.
(2) The State Commission on Children and Families shall include
in the report recommendations on any additional proposals
contained in 'A Positive Future for Oregon's Children and
Families' by the 1991-1992 Oregon Children's Care Team Interim
Task Force that should be undertaken. + }
SECTION 46. { + (1) The Joint Legislative Audit Committee
shall direct the Legislative Fiscal Officer to conduct a
performance audit of state agencies and local agencies, or
portions of those agencies that are subject to this 1999 Act,
including the Department of Human Resources, the Department of
Education, the State Commission on Children and Families, the
Governor's Council on Alcohol and Drug Abuse Programs and the
Juvenile Crime Prevention Advisory Committee. In addition, the
performance audit shall include:
(a) Four local commissions on children and families that are
from different regions in the state and have different population
levels; and
(b) A sampling of lead planning organizations selected under
section 39 of this 1999 Act to facilitate the partnership to
develop a local high-risk juvenile crime prevention plan.
(2) The performance audit shall include:
(a) A description of each agency's current state statutory
duties and the extent to which each agency fulfills those duties;
(b) An evaluation of the organizational structure of each
agency to determine whether its structure appropriately meets
state statutory objectives and whether the agency's structure
duplicates functions of another agency;
(c) A description of the types of services that each agency
provides;
(d) An identification of improvements for effectiveness of the
children and families programs of each agency;
(e) An identification of areas within each agency and between
agencies that may be consolidated; and
(f) Any other matters the Joint Legislative Audit Committee
considers relevant to the evaluation of the provision of services
for children and families.
(3) The performance audit also shall include an evaluation of
the local coordinated comprehensive plan and planning process, as
described in ORS 417.705 and 417.775. The evaluation shall be
Enrolled Senate Bill 555 (SB 555-C) Page 28
conducted on four counties that are in different regions of this
state and have different population levels.
(4) No later than August 1, 2002, the Joint Legislative Audit
Committee shall report the findings of the performance audit and
any recommendations based on the performance audit to the
Legislative Assembly pursuant to ORS 192.245. The Joint
Legislative Audit Committee shall forward the report to the State
Commission on Children and Families, the Juvenile Crime
Prevention Advisory Committee and the appropriate legislative
interim committees. + }
SECTION 47. { + (1)(a) During the 1999-2001 biennium, there is
created a Joint Interim Task Force on Children and Families. The
Speaker of the House of Representatives and the President of the
Senate shall appoint the members of the interim task force. A
majority of the members of the task force shall be local
providers of services to children and families, including but not
limited to:
(A) Members of local commissions on children and families;
(B) Local health departments;
(C) Local public entities that provide services to children and
families; and
(D) Private entities that provide services to children and
families.
(b) In addition to the members appointed to the interim task
force under paragraph (a) of this subsection, the interim task
force shall include:
(A) One designee of the Governor;
(B) Two members of the Governor's Council on Alcohol and Drug
Abuse Programs; and
(C) Two members of the Juvenile Crime Prevention Advisory
Committee.
(2) The interim task force shall:
(a) Gather information about early childhood assessment
programs; and
(b) Evaluate the feasibility of a statewide coordinated early
childhood assessment program.
(3) Except as provided in this section, the interim task force
created under this section is subject to the provisions of ORS
171.605 to 171.635 and has the authority contained in ORS 171.505
to 171.530.
(4) A work plan consisting of a list of subjects for study by
the interim task force and the duration of the study shall be
developed by the Speaker of the House of Representatives and the
President of the Senate, in consultation with the interim task
force chairperson. The work plan developed for the interim task
force shall be filed with the Legislative Administrator.
(5) Interim task force work plans may be modified only by the
Speaker of the House of Representatives and the President of the
Senate after consultation with the interim task force
chairperson. The interim task force, by official action, may
request such a modification.
(6) The Legislative Administrator may cause to be employed such
persons as are necessary to the performance of the function of
the interim task force created under this section. The
Legislative Administrator shall fix the duties and amounts of
compensation of such employees. The interim task force shall use
the services of permanent legislative staff to the greatest
extent practicable.
(7) Members of the Legislative Assembly serving on the task
force shall be entitled to an allowance as authorized by ORS
Enrolled Senate Bill 555 (SB 555-C) Page 29
171.072. Other members of the interim task force are entitled to
compensation and expenses under ORS 292.495. Claims for expenses
incurred in performing functions of the interim task force shall
be paid out of funds appropriated for that purpose.
(8) All agencies, departments and officers of this state are
directed to assist the interim task force created under this
section in the performance of its functions and to furnish such
information and advice as the members of the interim task force
consider necessary to perform their functions.
(9) Subject to the approval of the Emergency Board, the interim
task force created under this section may accept contributions of
funds and assistance from the United States Government, its
agencies or any other source, public or private, and agree to
conditions thereon not inconsistent with the purposes of the
interim task force. All such funds are to aid in financing the
functions of the interim task force and shall be deposited in the
General Fund of the State Treasury to the credit of separate
accounts for the interim task force and shall be disbursed for
the purpose for which contributed in the same manner as funds
appropriated for the interim task force.
(10) Official action by the interim task force established
under this section shall require the approval of a majority of
the quorum of the legislative members of the interim task force.
All legislation recommended by official action of the interim
task force must indicate that it is introduced at the request of
the interim task force. Such legislation shall be prepared in
time for presession numbering and presession filing pursuant to
ORS 171.130.
(11) The interim task force shall report its findings and
recommendations to the Seventy-first Legislative Assembly. + }
SECTION 48. { + Section 49 of this 1999 Act is added to and
made a part of ORS 396.305 to 396.355. + }
SECTION 49. { + (1) The Oregon Military Department may adopt
reasonable policies or procedures for any program operated by the
military department for at-risk youth where attendance by at-risk
youth is voluntary. The policies or procedures adopted by the
military department may include but are not limited to drug
testing policies designed to ensure that a person enrolled in the
program is not engaging in unlawful drug use.
(2) The military department may adopt policies or procedures
pursuant to subsection (1) of this section by rule or may provide
notice of policies or procedures to at-risk youth prior to
enrollment in the program.
(3) The results of any drug test performed pursuant to this
section shall be used solely for the purpose of determining
eligibility for enrollment or continuing attendance in the
program and shall not be used against the person in any criminal
prosecution. + }
SECTION 50. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Oregon Youth
Authority, for the biennium beginning July 1, 1999, out of the
General Fund, the sum of $9,500,000 for the provision of basic
services approved by the Juvenile Crime Prevention Advisory
Committee. + }
SECTION 51. { + ORS 417.310, 417.315, 417.320 and 417.325 are
repealed. + }
SECTION 52. { + If Senate Bill 1127 becomes law, sections 41
and 54 (both amending ORS 417.310), chapter ___, Oregon Laws 1999
(Enrolled Senate Bill 1127), are repealed. + }
Enrolled Senate Bill 555 (SB 555-C) Page 30
SECTION 53. { + This 1999 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 1999 Act takes effect
July 1, 1999. + }
----------
Passed by Senate July 15, 1999
Repassed by Senate July 23, 1999
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House July 23, 1999
...........................................................
Speaker of House
Enrolled Senate Bill 555 (SB 555-C) Page 31
Received by Governor:
......M.,............., 1999
Approved:
......M.,............., 1999
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 1999
...........................................................
Secretary of State
Enrolled Senate Bill 555 (SB 555-C) Page 32