Chapter 417 — Interstate
Compacts on Juveniles and Children;
Children and
Family Services
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
New sections of law were adopted by the
Legislative Assembly during its 2012 regular session and are likely to be
compiled in this ORS chapter. See
sections in the following 2012 Oregon Laws chapters: 2012
Session Laws 0037
2011 EDITION
INTERSTATE COMPACTS; CHILDREN &
FAMILY SERVICES
HUMAN SERVICES; JUVENILE CODE;
CORRECTIONS
THE INTERSTATE COMPACT FOR JUVENILES
417.010 “Juvenile”
defined for ORS 417.010 to 417.080
417.020 Declaration
of public policy
417.030 The
Interstate Compact for Juveniles
417.040 Juvenile
Compact Administrator and staff; rules
417.042 Adjudicated
delinquent’s obligation to report as sex offender
417.050 Supplementary
agreements
417.060 Proceedings
for recovery of expenses in enforcing compact and agreements
417.070 Juvenile
court jurisdiction
417.080 Enforcement
of compact
INTERSTATE COMPACTS FOR ADOPTION
ASSISTANCE
417.090 Definitions
for ORS 417.090 to 417.105
417.095 Authority
to enter into interstate compacts
417.100 Requirements
for interstate compacts
417.105 Medical
assistance identification document; penalty for false, misleading or fraudulent
statement; rules
INTERSTATE COMPACT ON PLACEMENT OF
CHILDREN
417.200 Interstate
Compact on Placement of Children
417.210 Financial
responsibility for placed children
417.220 Agreements
with other states; effect of financial provisions
417.230 Compliance
with visitation, inspection or supervision requirements
417.240 Placement
of children in institutions in other states
417.250 “Executive
head” defined
417.260 ORS
418.290 inapplicable to children placed pursuant to compact
INTERCOUNTRY ADOPTIONS
417.262 Intercountry
adoptions of children in custody of Department of Human Services; rules
417.265 Department
of Human Services to implement Convention adoptions; minimum requirements;
exchange of reports
POLICIES ON PROVIDING SERVICES TO CHILDREN
AND FAMILIES
417.270 Policy
on equal access; documentation of expenditure for males and females;
identification of disparities; equal access plan
417.280 Victim
services providers; placement at child welfare offices; coordination of
services
417.300 Purpose
of ORS 417.305
417.305 Legislative
findings relating to serving children and families
FAMILY SUPPORT SERVICES
417.340 Definitions
for ORS 417.340 to 417.349
417.342 Family
support services; principles
417.344 Types
of services included
417.345 Medically
Involved Home-Care Program; services; enrollment; effect of program on funding
for certain programs; rules
417.346 Duties
of Director of Human Services; rules
417.348 Eligibility
requirements
417.349 Department
of Human Services to provide family support services
417.350 Family
support services as social benefits
417.355 Principles
of family law system
FAMILY- OR CLIENT-CENTERED SERVICE
SYSTEM
417.360 Findings
and policy
417.362 System
requirements
FAMILY DECISION-MAKING MEETING
417.365 “Family
decision-making meeting” defined for ORS 417.365 to 417.375
417.368 Consideration
of meeting required for certain cases
417.371 Notice
to family members of meeting; definitions
417.375 Development
of family plan; contents
SERVICES TO CHILDREN AND FAMILIES
(Generally)
417.705 Definitions
for ORS 417.705 to 417.800
417.707 Duty
of state agencies providing services for children and families
417.708 Legislative
findings relating to young children
417.710 Statement
of purpose
417.715 Policy;
service system values and goals
417.720 Characteristics
of service system
417.725 Key
elements of system; family resource and community learning centers
417.727 Oregon
Early Childhood System
417.728 Statewide
early childhood system; requirements
(State Commission)
417.730 State
Commission on Children and Families; members; appointments; qualifications
417.733 State
Commission on Children and Families Account
417.735 Duties
of state commission; rules
417.740 Officers;
quorum; meetings
417.745 Rules
417.747 Foster
care demonstration projects
417.750 Advisory
and technical committees; expenses of committee members
(Local Commissions on Children and
Families)
417.760 Local
commissions; members; staff director; approval of local plan; revised or amended
plans
417.765 Qualifications
of members; terms
417.770 Regional
commissions appointed pursuant to intergovernmental agreement
417.775 Purpose
and duties of local commission; local coordinated comprehensive plan; community
plan
417.777 Local
early childhood system plan
417.780 State
funds not replacement for county moneys; waiver for financial hardship
417.785 Local
commission as recommended structure; approved alternative structure allowed
417.787 Transfer
of funds to local commission; transfer of services
(Programs and Services)
417.788 Relief
nurseries
417.790 Grants
for services and initiatives, Great Start and juvenile services
417.793 Parents-as-teachers
programs
417.795 Healthy
Start Family Support Services programs; standards; coordination
(Evaluation of Local Plans)
417.797 Responsibility;
requirements; review of outcomes
(Runaway and Homeless Youth)
417.799 Runaway
and homeless youth; delivery of services; policies
417.800 Department
to coordinate efforts and make recommendations
(Office of Children’s Advocate)
417.805 Toll-free
child abuse hotline
417.810 Office
of Children’s Advocate established; appointment; staff
417.815 Duties
of office; confidentiality; protection for person filing complaint
417.825 Portions
of certain filing fees dedicated to office
(Deschutes County Demonstration Project)
417.830 Authority
of Deschutes County to establish demonstration project; plan
417.833 Appointment
of local commission; duties; staff director
417.836 Intergovernmental
agreement; federal waivers
417.839 Limitations
on county’s authority
417.842 Reports
to Legislative Assembly; legislative committee to monitor resources, provide
forum and advise county
JUVENILE CRIME PREVENTION
417.845 Juvenile
Crime Prevention Advisory Committee; membership; chairperson, staffing
417.850 Duties
of committee
417.855 Local
high-risk juvenile crime prevention plan
417.857 Deschutes
County; waiver; early intervention
PENALTIES
417.990 Penalty
for placement of children in violation of compact
THE INTERSTATE COMPACT FOR JUVENILES
417.010 “Juvenile” defined for ORS 417.010
to 417.080. As used in ORS 417.010 to 417.080, “juvenile”
includes any person who is within the jurisdiction of the juvenile court. [1959
c.434 §8]
417.020 Declaration of public policy.
(1) It hereby is found and declared that:
(a)
Juveniles who are not under proper supervision and control, or who have
absconded, escaped or run away, are likely to endanger their own health, morals
and welfare, and the health, morals and welfare of others; and
(b)
The cooperation of this state with other states is necessary to provide for the
welfare and protection of juveniles and of the people of this state.
(2)
It is therefore the policy of this state, in adopting the Interstate Compact on
Juveniles, to cooperate fully with other states in returning juveniles to such
other states whenever their return is sought, to accept the return of juveniles
whenever a juvenile residing in this state is found or apprehended in another
state and to take all measures to initiate proceedings for the return of such
juveniles. [1959 c.434 §1]
417.030 The Interstate Compact for
Juveniles. The Governor hereby is authorized and
directed to execute for, on behalf of and in the name of the State of Oregon, a
compact with any state or states legally joining therein in the form
substantially as follows:
______________________________________________________________________________
The
contracting states solemnly agree:
THE INTERSTATE
COMPACT
FOR JUVENILES
ARTICLE I
PURPOSE
The
compacting states to this Interstate Compact recognize that each state is
responsible for the proper supervision or return of juveniles, delinquents and
status offenders who are on probation or parole and who have absconded, escaped
or run away from supervision and control and in so doing have endangered their
own safety and the safety of others. The compacting states also recognize that
each state is responsible for the safe return of juveniles who have run away
from home and in doing so have left their state of residence. The compacting
states also recognize that Congress, by enacting the Crime Control Act, 4
U.S.C. 112 (1965), has authorized and encouraged compacts for cooperative
efforts and mutual assistance in the prevention of crime.
It
is the purpose of this compact, through means of joint and cooperative action
among the compacting states to:
A.
Ensure that the adjudicated juveniles and status offenders subject to this
compact are provided adequate supervision and services in the receiving state
as ordered by the adjudicating judge or parole authority in the sending state;
B.
Ensure that the public safety interests of the citizens, including the victims
of juvenile offenders, in both the sending and receiving states are adequately
protected;
C.
Return juveniles who have run away, absconded or escaped from supervision or
control or have been accused of an offense to the state requesting their
return;
D.
Make contracts for the cooperative institutionalization in public facilities in
member states for delinquent youth needing special services;
E.
Provide for the effective tracking and supervision of juveniles;
F.
Equitably allocate the costs, benefits and obligations of the compacting
states;
G.
Establish procedures to manage the movement between states of juvenile
offenders released to the community under the jurisdiction of courts, juvenile
departments, or any other criminal or juvenile justice agency that has
jurisdiction over juvenile offenders;
H.
Ensure immediate notice to jurisdictions where defined offenders are authorized
to travel or to relocate across state lines;
I.
Establish procedures to resolve pending charges (detainers) against juvenile
offenders prior to transfer or release to the community under the terms of this
compact;
J.
Establish a system of uniform data collection on information pertaining to
juveniles subject to this compact that allows access by authorized juvenile
justice and criminal justice officials, and regular reporting of Compact
activities to heads of state executive, judicial and legislative branches and
juvenile and criminal justice administrators;
K.
Monitor compliance with rules governing interstate movement of juveniles and
initiate interventions to address and correct non-compliance;
L.
Coordinate training and education regarding the regulation of interstate
movement of juveniles for officials involved in such activity; and
M.
Coordinate the implementation and operation of the compact with the Interstate
Compact for the Placement of Children, the Interstate Compact for Adult
Offender Supervision and other compacts affecting juveniles particularly in
those cases where concurrent or overlapping supervision issues arise. It is the
policy of the compacting states that the activities conducted by the Interstate
Commission created herein are the formation of public policies and therefore
are public business. Furthermore, the compacting states shall cooperate and
observe their individual and collective duties and responsibilities for the
prompt return and acceptance of juveniles subject to the provisions of this
compact. The provisions of this compact shall be reasonably and liberally
construed to accomplish the purposes and policies of the compact.
ARTICLE II
DEFINITIONS
As
used in this compact, unless the context clearly requires a different
construction:
A.
“Bylaws” means those bylaws established by the Interstate Commission for its
governance, or for directing or controlling its actions or conduct.
B.
“Compact administrator” means the individual in each compacting state appointed
pursuant to the terms of this compact, responsible for the administration and
management of the state’s supervision and transfer of juveniles subject to the
terms of this compact, the rules adopted by the Interstate Commission and
policies adopted by the State Council under this compact.
C.
“Compacting state” means any state that has enacted the enabling legislation
for this compact.
D.
“Commissioner” means the voting representative of each compacting state appointed
pursuant to Article III of this compact.
E.
“Court” means any court having jurisdiction over delinquent, neglected or
dependent children.
F.
“Deputy compact administrator” means the individual, if any, in each compacting
state appointed to act on behalf of a compact administrator pursuant to the
terms of this compact responsible for the administration and management of the
state’s supervision and transfer of juveniles subject to the terms of this
compact, the rules adopted by the Interstate Commission and policies adopted by
the State Council under this compact.
G.
“Interstate Commission” means the Interstate Commission for Juveniles created
by Article III of this compact.
H.
“Juvenile” means any person defined as a juvenile in any member state or by the
rules of the Interstate Commission, including:
1.
Accused delinquent - a person charged with an offense that, if committed by an
adult, would be a criminal offense;
2.
Adjudicated delinquent - a person found to have committed an offense that, if
committed by an adult, would be a criminal offense;
3.
Accused status offender - a person charged with an offense that would not be a
criminal offense if committed by an adult;
4.
Adjudicated status offender - a person found to have committed an offense that
would not be a criminal offense if committed by an adult; and
5.
Non-offender - a person in need of supervision who has not been accused or
adjudicated a status offender or delinquent.
I.
“Non-compacting state” means any state that has not enacted the enabling
legislation for this compact.
J.
“Probation or parole” means any kind of supervision or conditional release of
juveniles authorized under the laws of the compacting states.
K.
“Rule” means a written statement by the Interstate Commission promulgated
pursuant to Article VI of this compact that is of general applicability,
implements, interprets or prescribes a policy or provision of the compact, or
an organizational, procedural, or practice requirement of the Commission, and
has the force and effect of statutory law in a compacting state, and includes
the amendment, repeal, or suspension of an existing rule.
L.
“State” means a state of the United States, the District of Columbia (or its
designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,
American Samoa and the Northern Marianas Islands.
ARTICLE III
INTERSTATE
COMMISSION FOR
JUVENILES
A.
The compacting states hereby create the “Interstate Commission for Juveniles.”
The commission shall be a body corporate and joint agency of the compacting
states. The commission shall have all the responsibilities, powers and duties
set forth herein, and such additional powers as may be conferred upon it by
subsequent action of the respective legislatures of the compacting states in
accordance with the terms of this compact.
B.
The Interstate Commission shall consist of commissioners appointed by the
appropriate appointing authority in each state pursuant to the rules and
requirements of each compacting state and in consultation with the State Council
for Interstate Juvenile Supervision created hereunder. The commissioner shall
be the compact administrator, deputy compact administrator or designee from
that state who shall serve on the Interstate Commission in such capacity under
or pursuant to the applicable law of the compacting state.
C.
In addition to the commissioners who are the voting representatives of each
state, the Interstate Commission shall include individuals who are not
commissioners, but who are members of interested organizations. Such
non-commissioner members must include a member of the national organizations of
governors, legislators, state chief justices, attorneys general, Interstate
Compact for Adult Offender Supervision, Interstate Compact for the Placement of
Children, juvenile justice and juvenile corrections officials, and crime
victims. All non-commissioner members of the Interstate Commission shall be
ex-officio (non-voting) members. The Interstate Commission may provide in its
bylaws for such additional ex-officio (non-voting) members, including members
of other national organizations, in such numbers as shall be determined by the
commission.
D.
Each compacting state represented at any meeting of the commission is entitled
to one vote. A majority of the compacting states shall constitute a quorum for
the transaction of business, unless a larger quorum is required by the bylaws
of the Interstate Commission.
E.
The commission shall meet at least once each calendar year. The chairperson may
call additional meetings and, upon the request of a simple majority of the
compacting states, shall call additional meetings. Public notice shall be given
of all meetings and meetings shall be open to the public.
F.
The Interstate Commission shall establish an executive committee, which shall
include commission officers, members and others as determined by the bylaws.
The executive committee shall have the power to act on behalf of the Interstate
Commission during periods when the Interstate Commission is not in session,
with the exception of rulemaking and/or amendment to the compact. The executive
committee shall oversee the day-to-day activities of the administration of the
compact managed by an executive director and Interstate Commission staff;
administers enforcement and compliance with the provisions of the compact, its
bylaws and rules, and performs such other duties as directed by the Interstate
Commission or set forth in the bylaws.
G.
Each member of the Interstate Commission shall have the right and power to cast
a vote to which that compacting state is entitled and to participate in the
business and affairs of the Interstate Commission. A member shall vote in
person and shall not delegate a vote to another compacting state. However, a
commissioner, in consultation with the State Council, shall appoint another
authorized representative, in the absence of the commissioner from that state,
to cast a vote on behalf of the compacting state at a specified meeting. The
bylaws may provide for members’ participation in meetings by telephone or other
means of telecommunication or electronic communication.
H.
The Interstate Commission’s bylaws shall establish conditions and procedures
under which the Interstate Commission shall make its information and official
records available to the public for inspection or copying. The Interstate
Commission may exempt from disclosure any information or official records to
the extent they would adversely affect personal privacy rights or proprietary
interests.
I.
Public notice shall be given of all meetings and all meetings shall be open to
the public, except as set forth in the rules or as otherwise provided in the
compact. The Interstate Commission and any of its committees may close a
meeting to the public where it determines by two-thirds vote that an open
meeting would be likely to:
1.
Relate solely to the Interstate Commission’s internal personnel practices and
procedures;
2.
Disclose matters specifically exempted from disclosure by statute;
3.
Disclose trade secrets or commercial or financial information that is
privileged or confidential;
4.
Involve accusing any person of a crime, or formally censuring any person;
5.
Disclose information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
6.
Disclose investigative records compiled for law enforcement purposes;
7.
Disclose information contained in or related to examination, operating or
condition reports prepared by, or on behalf of or for the use of, the
Interstate Commission with respect to a regulated person or entity for the
purpose of regulation or supervision of such person or entity;
8.
Disclose information, the premature disclosure of which would significantly
endanger the stability of a regulated person or entity; or
9.
Specifically relate to the Interstate Commission’s issuance of a subpoena, or
its participation in a civil action or other legal proceeding.
J.
For every meeting closed pursuant to this provision, the Interstate Commission’s
legal counsel shall publicly certify that, in the legal counsel’s opinion, the
meeting may be closed to the public, and shall reference each relevant
exemptive provision. The Interstate Commission shall keep minutes that shall
fully and clearly describe all matters discussed in any meeting and shall
provide a full and accurate summary of any actions taken, and the reasons
therefore, including a description of each of the views expressed on any item
and the record of any roll call vote (reflected in the vote of each member on
the question). All documents considered in connection with any action shall be
identified in such minutes.
K.
The Interstate Commission shall collect standardized data concerning the
interstate movement of juveniles as directed through its rules, which shall
specify the data to be collected, the means of collection and data exchange and
reporting requirements. Such methods of data collection, exchange and reporting
shall insofar as is reasonably possible conform to up-to-date technology and
coordinate its information functions with the appropriate repository of
records.
ARTICLE IV
POWERS AND
DUTIES OF THE
INTERSTATE
COMMISSION
The
commission shall have the following powers and duties:
1.
To provide for dispute resolution among compacting states.
2.
To promulgate rules to effect the purposes and obligations as enumerated in
this compact, which shall have the force and effect of statutory law and shall
be binding in the compacting states to the extent and in the manner provided in
this compact.
3.
To oversee, supervise and coordinate the interstate movement of juveniles
subject to the terms of this compact and any bylaws adopted and rules
promulgated by the Interstate Commission.
4.
To enforce compliance with the compact provisions, the rules promulgated by the
Interstate Commission and the bylaws, using all necessary and proper means,
including but not limited to the use of judicial process.
5.
To establish and maintain offices that shall be located within one or more of
the compacting states.
6.
To purchase and maintain insurance and bonds.
7.
To borrow, accept, hire or contract for services of personnel.
8.
To establish and appoint committees and hire staff that it deems necessary for
the carrying out of its functions including, but not limited to, an executive
committee as required by Article III that shall have the power to act on behalf
of the Interstate Commission in carrying out its powers and duties hereunder.
9.
To elect or appoint such officers, attorneys, employees, agents or consultants,
and to fix their compensation, define their duties and determine their
qualifications; and to establish the Interstate Commission’s personnel policies
and programs relating to, inter alia, conflicts of interest, rates of
compensation and qualifications of personnel.
10.
To accept any and all donations and grants of money, equipment, supplies,
materials and services, and to receive, utilize and dispose of them.
11.
To lease, purchase, accept contributions or donations of, or otherwise to own,
hold, improve or use any property, real, personal or mixed.
12.
To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise
dispose of any property, real, personal or mixed.
13.
To establish a budget and make expenditures and levy dues as provided in
Article VIII of this compact.
14.
To sue and be sued.
15.
To adopt a seal and bylaws governing the management and operation of the
Interstate Commission.
16.
To perform such functions as may be necessary or appropriate to achieve the
purposes of this compact.
17.
To report annually to the legislatures, governors, judiciary and state councils
of the compacting states concerning the activities of the Interstate Commission
during the preceding year. Such reports shall also include any recommendations
that may have been adopted by the Interstate Commission.
18.
To coordinate education, training and public awareness regarding the interstate
movement of juveniles for officials involved in such activity.
19.
To establish uniform standards of the reporting, collecting and exchanging of
data. The Interstate Commission shall maintain its corporate books and records
in accordance with the bylaws.
ARTICLE V
ORGANIZATION
AND OPERATION OF
THE INTERSTATE
COMMISSION
Section
A. Bylaws
1.
The Interstate Commission shall, by a majority of the members present and
voting, within 12 months after the first Interstate Commission meeting, adopt
bylaws to govern its conduct as may be necessary or appropriate to carry out
the purposes of the compact, including, but not limited to:
a.
Establishing the fiscal year of the Interstate Commission;
b.
Establishing an executive committee and such other committees as may be
necessary;
c.
Providing for the establishment of committees governing any general or specific
delegation of any authority or function of the Interstate Commission;
d.
Providing reasonable procedures for calling and conducting meetings of the
Interstate Commission, and ensuring reasonable notice of each such meeting;
e.
Establishing the titles and responsibilities of the officers of the Interstate
Commission;
f.
Providing a mechanism for concluding the operations of the Interstate
Commission and the return of any surplus funds that may exist upon the
termination of the compact after the payment and/or reserving of all of its
debts and obligations;
g.
Providing “start-up” rules for initial administration of the compact; and
h.
Establishing standards and procedures for compliance and technical assistance
in carrying out the compact.
Section
B. Officers and Staff
1.
The Interstate Commission shall, by a majority of the members, elect annually
from among its members a chairperson and a vice chairperson, each of whom shall
have such authority and duties as may be specified in the bylaws. The
chairperson or, in the chairperson’s absence or disability, the
vice-chairperson shall preside at all meetings of the Interstate Commission.
The officers so elected shall serve without compensation or remuneration from
the Interstate Commission, provided that, subject to the availability of
budgeted funds, the officers shall be reimbursed for any ordinary and necessary
costs and expenses incurred by them in the performance of their duties and
responsibilities as officers of the Interstate Commission.
2.
The Interstate Commission shall, through its executive committee, appoint or
retain an executive director for such period, upon such terms and conditions
and for such compensation as the Interstate Commission may deem appropriate.
The executive director shall serve as secretary to the Interstate Commission, but
shall not be a member and shall hire and supervise such other staff as may be
authorized by the Interstate Commission.
Section
C. Qualified Immunity, Defense and Indemnification
1.
The Commission’s executive director and employees shall be immune from suit and
liability, either personally or in their official capacity, for any claim for
damage to or loss of property or personal injury or other civil liability
caused or arising out of or relating to any actual or alleged act, error or
omission that occurred, or that such person had a reasonable basis for
believing occurred within the scope of Commission employment, duties or
responsibilities, provided that any such person shall not be protected from
suit or liability for any damage, loss, injury or liability caused by the
intentional or willful and wanton misconduct of any such person.
2.
The liability of any commissioner, or the employee or agent of a commissioner,
acting within the scope of such person’s employment or duties for acts, errors
or omissions occurring within such person’s state may not exceed the limits of
liability set forth under the Constitution and laws of that state for state
officials, employees and agents. Nothing in this subsection shall be construed
to protect any such person from suit or liability for any damage, loss, injury
or liability caused by the intentional or willful and wanton misconduct of any
such person.
3.
The Interstate Commission shall defend the executive director or the employees
or representatives of the Interstate Commission and, subject to the approval of
the Attorney General of the state represented by any commissioner of a
compacting state, shall defend such commissioner or the commissioner’s
representatives or employees in any civil action seeking to impose liability
arising out of any actual or alleged act, error or omission that occurred
within the scope of Interstate Commission employment, duties or
responsibilities, or that the defendant had a reasonable basis for believing
occurred within the scope of Interstate Commission employment, duties or
responsibilities, provided that the actual or alleged act, error or omission
did not result from intentional or willful and wanton misconduct on the part of
such person.
4.
The Interstate Commission shall indemnify and hold the commissioner of a
compacting state, or the commissioner’s representatives or employees, or the
Interstate Commission’s representatives or employees, harmless in the amount of
any settlement or judgment obtained against such persons arising out of any
actual or alleged act, error or omission that occurred within the scope of
Interstate Commission employment, duties or responsibilities, or that such
persons had a reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties or responsibilities, provided that the
actual or alleged act, error or omission did not result from intentional or
willful and wanton misconduct on the part of such persons.
ARTICLE VI
RULEMAKING
FUNCTIONS OF THE
INTERSTATE
COMMISSION
A.
The Interstate Commission shall promulgate and publish rules in order to
effectively and efficiently achieve the purposes of the compact.
B.
Rulemaking shall occur pursuant to the criteria set forth in this article and
the bylaws and rules adopted pursuant thereto. Such rule making shall
substantially conform to the principles of the “Model State Administrative
Procedures Act,” 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such
other administrative procedures act, as the Interstate Commission deems
appropriate consistent with due process requirements under the United States
Constitution as now or hereafter interpreted by the United States Supreme
Court. All rules and amendments shall become binding as of the date specified,
as published with the final version of the rule as approved by the Commission.
C.
When promulgating a rule, the Interstate Commission shall, at a minimum:
1.
Publish the proposed rule’s entire text stating the reason(s) for that proposed
rule;
2.
Allow and invite any and all persons to submit written data, facts, opinions
and arguments, which information shall be added to the record, and be made
publicly available;
3.
Provide an opportunity for an informal hearing if petitioned by 10 or more
persons; and
4.
Promulgate a final rule and its effective date, if appropriate, based on input
from state or local officials, or interested parties.
D.
Allow, not later than 60 days after a rule is promulgated, any interested
person to file a petition in the United States District Court for the District
of Columbia or in the Federal District Court where the Interstate Commission’s
principal office is located for judicial review of such rule. If the court
finds that the Interstate Commission’s action is not supported by substantial
evidence in the rulemaking record, the court shall hold the rule unlawful and
set it aside. For purposes of this subsection, evidence is substantial if it
would be considered substantial evidence under the Model State Administrative
Procedures Act.
E.
If a majority of the legislatures of the compacting states rejects a rule,
those states may, by enactment of a statute or resolution in the same manner
used to adopt the compact, cause that such rule shall have no further force and
effect in any compacting state.
F.
The existing rules governing the operation of the Interstate Compact on
Juveniles superceded by this Act shall be null and void 12 months after the
first meeting of the Interstate Commission created hereunder.
G.
Upon determination by the Interstate Commission that a state of emergency
exists, it may promulgate an emergency rule that shall become effective
immediately upon adoption, provided that the usual rulemaking procedures
provided hereunder shall be retroactively applied to said rule as soon as
reasonably possible, but no later than 90 days after the effective date of the
emergency rule.
ARTICLE VII
OVERSIGHT,
ENFORCEMENT AND
DISPUTE
RESOLUTION BY THE
INTERSTATE
COMMISSION
Section
A. Oversight
1.
The Interstate Commission shall oversee the administration and operations of
the interstate movement of juveniles subject to this compact in the compacting
states and shall monitor such activities being administered in non-compacting
states that may significantly affect compacting states.
2.
The courts and executive agencies in each compacting state shall enforce this
compact and shall take all actions necessary and appropriate to effectuate the
compact’s purposes and intent. The provisions of this compact and the rules
promulgated hereunder shall be received by all the judges, public officers,
commissions and departments of the state government as evidence of the
authorized statute and administrative rules. All courts shall take judicial
notice of the compact and the rules. In any judicial or administrative
proceeding in a compacting state pertaining to the subject matter of this
compact that may affect the powers, responsibilities or actions of the
Interstate Commission, it shall be entitled to receive all service of process
in any such proceeding, and shall have standing to intervene in the proceeding
for all purposes.
Section
B. Dispute Resolution
1.
The compacting states shall report to the Interstate Commission on all issues
and activities necessary for the administration of the compact as well as
issues and activities pertaining to compliance with the provisions of the
compact and its bylaws and rules.
2.
The Interstate Commission shall attempt, upon the request of a compacting
state, to resolve any disputes or other issues that are subject to the compact
and that may arise among compacting states and between compacting and
non-compacting states. The commission shall promulgate a rule providing for
both mediation and binding dispute resolution for disputes among the compacting
states.
3.
The Interstate Commission, in the reasonable exercise of its discretion, shall
enforce the provisions and rules of this compact using any or all means set
forth in Article XI of this compact.
ARTICLE VIII
FINANCE
A.
The Interstate Commission shall pay or provide for the payment of the
reasonable expenses of its establishment, organization and ongoing activities.
B.
The Interstate Commission shall levy on and collect an annual assessment from
each compacting state to cover the cost of the internal operations and activities
of the Interstate Commission and its staff, which must be in a total amount
sufficient to cover the Interstate Commission’s annual budget as approved each
year. The aggregate annual assessment amount shall be allocated based upon a
formula to be determined by the Interstate Commission, taking into
consideration the population of each compacting state and the volume of
interstate movement of juveniles in each compacting state and shall promulgate
a rule binding upon all compacting states that governs said assessment.
C.
The Interstate Commission shall not incur any obligations of any kind prior to
securing the funds adequate to meet the same, nor shall the Interstate
Commission pledge the credit of any of the compacting states, except by and
with the authority of the compacting state.
D.
The Interstate Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Interstate Commission
shall be subject to the audit and accounting procedures established under its
bylaws. However, all receipts and disbursements of funds handled by the
Interstate Commission shall be audited yearly by a certified or licensed public
accountant and the report of the audit shall be included in and become part of
the annual report of the Interstate Commission.
E.
The Interstate Compact for Juveniles Fund is established, separate and distinct
from the General Fund. All moneys in the fund are continuously appropriated to
the Oregon Youth Authority to be used for the purposes of meeting financial
obligations imposed on the State of Oregon as a result of the state’s
participation in this compact.
F.
An assessment levied or any other financial obligation imposed under this
compact is effective against the State of Oregon only to the extent that moneys
to pay the assessment or meet the financial obligation have been appropriated
and deposited in the Interstate Compact for Juveniles Fund.
ARTICLE IX
THE STATE
COUNCIL
A.
The Director of the Oregon Youth Authority, or the director’s designee, shall
serve as the compact administrator for the State of Oregon and as Oregon’s
commissioner to the Interstate Commission.
B.
The Oregon State Council for Interstate Juvenile Supervision is established,
consisting of seven members. The Director of the Oregon Youth Authority, or the
director’s designee, is a member of the State Council and serves as chairperson
of the State Council. Of the remaining members of the State Council:
1.
The Governor shall appoint three members, one of whom must represent a crime
victims’ organization; and
2.
The Chief Justice of the Supreme Court, the President of the Senate and the
Speaker of the House of Representatives shall each appoint one member.
C.
The term of office of a member is four years.
D.
The State Council shall meet at least once each calendar year.
E.
The State Council may advise the compact administrator on participation in the
Interstate Commission activities and administration of the compact.
F.
Members of the State Council are entitled to expenses as provided in ORS
292.495. Any legislative members are entitled to payment of compensation and
expense reimbursement under ORS 171.072, payable from funds appropriated to the
Legislative Assembly.
G.
The State Council is subject to the provisions of ORS 291.201 to 291.222 and
291.232 to 291.260.
H.
The Oregon Youth Authority shall provide staff support for the State Council.
ARTICLE X
COMPACTING
STATES, EFFECTIVE DATE AND AMENDMENT
A.
Any state, the District of Columbia (or its designee), the Commonwealth of
Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa and the Northern
Marianas Islands as defined in Article II of this compact is eligible to become
a compacting state.
B.
The compact shall become effective and binding upon legislative enactment of
the compact into law by no fewer than 35 of the states. The initial effective
date shall be the later of July 1, 2004, or upon enactment into law by the 35th
jurisdiction. Thereafter it shall become effective and binding as to any other
compacting state upon enactment of the compact into law by that state. The
governors of non-member states or their designees shall be invited to
participate in the activities of the Interstate Commission on a non-voting
basis prior to adoption of the compact by all states and territories of the
United States.
C.
The Interstate Commission may propose amendments to the compact for enactment
by the compacting states. No amendment shall become effective and binding upon
the Interstate Commission and the compacting states unless and until it is
enacted into law by unanimous consent of the compacting states.
ARTICLE XI
WITHDRAWAL,
DEFAULT,
TERMINATION
AND
JUDICIAL
ENFORCEMENT
Section
A. Withdrawal
1.
Once effective, the compact shall continue in force and remain binding upon
each and every compacting state, provided that a compacting state may withdraw
from the compact by specifically repealing the statute that enacted the compact
into law.
2.
The effective date of withdrawal is the effective date of the repeal.
3.
The withdrawing state shall immediately notify the chairperson of the
Interstate Commission in writing upon the introduction of legislation repealing
this compact in the withdrawing state. The Interstate Commission shall notify
the other compacting states of the withdrawing state’s intent to withdraw
within 60 days of its receipt thereof.
4.
The withdrawing state is responsible for all assessments, obligations and
liabilities incurred through the effective date of withdrawal, including any
obligations, the performance of which extend beyond the effective date of
withdrawal.
5.
Reinstatement following withdrawal of any compacting state shall occur upon the
withdrawing state reenacting the compact or upon such later date as determined
by the Interstate Commission.
Section
B. Technical Assistance, Fines, Suspension, Termination and Default
1.
If the Interstate Commission determines that any compacting state has at any
time defaulted in the performance of any of its obligations or responsibilities
under this compact, or the bylaws or duly promulgated rules, the Interstate
Commission may impose any or all of the following penalties:
a.
Remedial training and technical assistance as directed by the Interstate
Commission;
b.
Alternative Dispute Resolution;
c.
Fines, fees and costs in such amounts as are deemed to be reasonable as fixed
by the Interstate Commission; and
d.
Suspension or termination of membership in the compact, which shall be imposed
only after all other reasonable means of securing compliance under the bylaws
and rules have been exhausted and the Interstate Commission has therefore
determined that the offending state is in default. Immediate notice of
suspension shall be given by the Interstate Commission to the Governor, the
Chief Justice or the Chief Judicial Officer of the state, the majority and
minority leaders of the defaulting state’s legislature and the State Council.
The grounds for default include, but are not limited to, failure of a
compacting state to perform such obligations or responsibilities imposed upon
it by this compact, the bylaws or duly promulgated rules and any other grounds
designated in commission bylaws and rules. The Interstate Commission shall
immediately notify the defaulting state in writing of the penalty imposed by the
Interstate Commission and of the default pending a cure of the default. The
commission shall stipulate the conditions and the time period within which the
defaulting state must cure its default. If the defaulting state fails to cure
the default within the time period specified by the commission, the defaulting
state shall be terminated from the compact upon an affirmative vote of a
majority of the compacting states and all rights, privileges and benefits
conferred by this compact shall be terminated from the effective date of
termination.
2.
Within 60 days of the effective date of termination of a defaulting state, the
commission shall notify the Governor, the Chief Justice or Chief Judicial
Officer, the majority and minority leaders of the defaulting state’s
legislature and the State Council of such termination.
3.
The defaulting state is responsible for all assessments, obligations and
liabilities incurred through the effective date of termination including any
obligations, the performance of which extends beyond the effective date of
termination.
4.
The Interstate Commission shall not bear any costs relating to the defaulting
state unless otherwise mutually agreed upon in writing between the Interstate
Commission and the defaulting state.
5.
Reinstatement following termination of any compacting state requires both a
reenactment of the compact by the defaulting state and the approval of the
Interstate Commission pursuant to the rules.
Section
C. Judicial Enforcement
The
Interstate Commission may, by majority vote of the members, initiate legal
action in the United States District Court for the District of Columbia or, at
the discretion of the Interstate Commission, in the federal district where the
Interstate Commission has its offices, to enforce compliance with the
provisions of the compact, its duly promulgated rules and bylaws, against any
compacting state in default. In the event judicial enforcement is necessary the
prevailing party shall be awarded all costs of such litigation including reasonable
attorneys fees.
Section
D. Dissolution of Compact
1.
The compact dissolves effective upon the date of the withdrawal or default of
the compacting state, which reduces membership in the compact to one compacting
state.
2.
Upon the dissolution of this compact, the compact becomes null and void and
shall be of no further force or effect, and the business and affairs of the
Interstate Commission shall be concluded and any surplus funds shall be
distributed in accordance with the bylaws.
ARTICLE XII
SEVERABILITY
AND CONSTRUCTION
A.
The provisions of this compact shall be severable, and if any phrase, clause,
sentence or provision is deemed unenforceable, the remaining provisions of the
compact shall be enforceable.
B.
The provisions of this compact shall be liberally construed to effectuate its
purposes.
ARTICLE XIII
BINDING EFFECT
OF COMPACT AND OTHER LAWS
Section
A. Other Laws
1.
Nothing herein prevents the enforcement of any other law of a compacting state
that is not inconsistent with this compact.
2.
All compacting states’ laws other than state Constitutions and other interstate
compacts conflicting with this compact are superseded to the extent of the
conflict.
Section
B. Binding Effect of the Compact
1.
All lawful actions of the Interstate Commission, including all rules and bylaws
promulgated by the Interstate Commission, are binding upon the State of Oregon
unless contrary to the Oregon Constitution.
2.
All agreements between the Interstate Commission and the compacting states are
binding in accordance with their terms.
3.
Upon the request of a party to a conflict over meaning or interpretation of
Interstate Commission actions, and upon a majority vote of the compacting
states, the Interstate Commission may issue advisory opinions regarding such
meaning or interpretation.
4.
In the event any provision of this compact exceeds the constitutional limits
imposed on the legislature of any compacting state, the obligations, duties,
powers or jurisdiction sought to be conferred by such provision upon the
Interstate Commission shall be ineffective and such obligations, duties, powers
or jurisdiction shall remain in the compacting state and shall be exercised by
the agency thereof to which such obligations, duties, powers or jurisdiction
are delegated by law in effect at the time this compact becomes effective.
5.
The State of Oregon is bound by the bylaws and rules promulgated under this
compact only to the extent that the operation of the bylaws and rules does not
impose an obligation exceeding any limitation on state power or authority
contained in the Oregon Constitution as interpreted by the state courts of
Oregon.
______________________________________________________________________________
[1959 c.434 §2; 1979 c.288 §4; 2009
c.891 §1]
Note: Section
2, chapter 891, Oregon Laws 2009, provides:
Sec. 2.
Notwithstanding the amendments to ORS 417.030 by section 1 of this 2009 Act,
ORS 417.030 (2007 Edition) applies to non-compacting states as defined in
Article II of the Interstate Compact for Juveniles. [2009 c.891 §2]
417.040 Juvenile Compact Administrator and
staff; rules. (1) The office of Juvenile Compact
Administrator hereby is created. The Director of the Oregon Youth Authority
shall be ex officio Juvenile Compact Administrator, with no additional
compensation. The administrator shall act jointly with like officers of other
party states in promulgating rules and regulations to carry out more
effectively the terms of the compact. The administrator shall cooperate with
all departments, agencies and officers of the government of this state and its
subdivisions in facilitating the proper administration of the compact or of any
supplementary agreement or agreements entered into by this state thereunder.
(2)
The Juvenile Compact Administrator shall appoint a Deputy Juvenile Compact
Administrator to serve at the pleasure of the administrator. The deputy shall
be appointed on the basis of personal qualifications in accordance with
standards fixed by the Oregon Youth Authority. The youth authority shall fix
the salary of the deputy. Subject to the approval of the youth authority, and
at salaries fixed by it, the administrator may employ such other personnel as
may be necessary to accomplish the purposes of ORS 417.010 to 417.080. The
administrator shall prescribe the duties of the deputy and such other
personnel, and they shall be subject to the control and under the immediate
supervision of the administrator. Personnel other than the administrator and
the deputy shall be subject to any applicable provision of the State Personnel
Relations Law. Subject to the approval of the youth authority, the
administrator may also provide necessary offices, supplies and equipment. [1959
c.434 §3; 1971 c.401 §11; 2005 c.655 §1]
417.042 Adjudicated delinquent’s obligation
to report as sex offender. Before granting permission to a
sending state to authorize an adjudicated delinquent on probation or parole to
reside in this state, the Juvenile Compact Administrator described in ORS
417.040 shall determine whether the adjudicated delinquent is required to
report as a sex offender under ORS 181.609. If the adjudicated delinquent is
required to report as a sex offender, the Juvenile Compact Administrator shall,
before granting permission for the adjudicated delinquent to reside in this
state, make a diligent effort to ensure that the sending state notifies the
adjudicated delinquent of the obligation to report described in ORS 181.609 and
the procedures for obtaining relief from that obligation described in ORS
181.823 and 181.826. [2009 c.713 §19; 2009 c.891 §3; 2011 c.271 §23]
Note:
417.042 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 417 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
417.050 Supplementary agreements.
The Juvenile Compact Administrator may enter into supplementary agreements with
appropriate officials of other states under the compact. In the event that a
supplementary agreement requires or contemplates the use of any institution or
facility of this state or requires or contemplates the providing of any service
by this state, the supplementary agreement shall have no force or effect until
approved by the head of the department or agency under whose jurisdiction the
institution or facility is operated or whose department or agency will be
charged with the providing of the service. [1959 c.434 §4]
417.060 Proceedings for recovery of
expenses in enforcing compact and agreements. The
Juvenile Compact Administrator may recover from parents or guardians any moneys
expended by this state or any of its subdivisions in returning a delinquent or
nondelinquent juvenile to this state, for care pending the return of the
juvenile to this state or for care provided pursuant to any supplementary
agreement. Proceedings to recover such moneys shall be brought before the
juvenile court, which shall, upon the parent, parents or guardian being duly
summoned or voluntarily appearing, enter such order or judgment as is equitable
in the premises. The order or judgment may be enforced by execution or in any
manner in which a court of equity may enforce its orders or judgments. No
property belonging to persons subject to the order or judgment shall be exempt
from levy and sale under execution. [1959 c.434 §5; 2003 c.576 §444]
417.070 Juvenile court jurisdiction.
The juvenile courts of this state have jurisdiction of juveniles within the
operation of ORS 417.010 to 417.080. [1959 c.434 §7]
417.080 Enforcement of compact.
The courts, departments, agencies and officers of this state and its
subdivisions shall enforce this compact and shall do all things appropriate to
the effectuation of its purposes and intent which may be within their
respective jurisdictions. [1959 c.434 §6]
INTERSTATE COMPACTS FOR ADOPTION
ASSISTANCE
417.090 Definitions for ORS 417.090 to
417.105. As used in ORS 417.090 to 417.105:
(1)
“Adoption assistance” means financial and medical assistance to an adoptive
family to assist the family with the costs associated with the needs of the
adoptive child.
(2)
“Adoption assistance state” means the state that has signed an adoption
assistance agreement in a particular case.
(3)
“Medical assistance” means programs for payment of medical and remedial care
provided to eligible individuals.
(4)
“Residence state” means the state in which a child who is the subject of an
adoption assistance agreement is living.
(5)
“State” means a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands or a territory or possession of,
or administered by, the United States. [1999 c.859 §1]
417.095 Authority to enter into interstate
compacts. (1) The Department of Human Services
may develop, participate in the development of, negotiate and enter into one or
more interstate compacts on behalf of this state with other states to:
(a)
Provide adoption assistance and other necessary services for children who are
the subjects of adoption assistance agreements in one state and are residing in
another state; and
(b)
Establish procedures for efficient interstate delivery of adoption assistance
and related services and benefits that will protect the interests of adopted
children who move from one state to another.
(2)
When the department enters into an interstate compact under this section, the
compact has the force and effect of law for as long as it remains in effect. [1999
c.859 §2]
417.100 Requirements for interstate
compacts. (1) A compact entered into under ORS
417.095 must contain all of the following:
(a)
A provision making the compact available for joinder by all states.
(b)
A provision for withdrawal from the compact upon written notice to the parties
with a period of one year between the date of the notice and the effective date
of the withdrawal.
(c)
A requirement that, notwithstanding a state’s withdrawal from the compact, the
state shall continue to provide the protections afforded by the compact for the
duration of any adoption assistance agreement to all children and their
adoptive parents who, on the effective date of the state’s withdrawal, are
receiving adoption assistance from a state other than the residence state.
(d)
A requirement that:
(A)
Each instance of adoption assistance to which the compact applies be covered by
an adoption assistance agreement;
(B)
An adoption assistance agreement be in writing and signed by the adoptive
parents and the child welfare agency of the state that undertakes to provide
the adoption assistance; and
(C)
An adoption assistance agreement is intended expressly for the benefit of the
adopted child and is enforceable by the adoptive parents and the state agency
providing the adoption assistance.
(2)
A compact entered into under ORS 417.095 may contain:
(a)
Provisions necessary to administer the compact.
(b)
Provisions establishing procedures for and entitlement to medical and necessary
social services for a child when the child and the adoptive parents are living
in a state other than the state responsible for or providing the services or
the funds to pay part or all of the costs of the services. [1999 c.859 §3]
417.105 Medical assistance identification
document; penalty for false, misleading or fraudulent statement; rules.
(1) The Department of Human Services shall issue a medical assistance
identification document to a child who is living in this state if the child:
(a)
Is the subject of an adoption assistance agreement with another state;
(b)
Is eligible for medical assistance in the other state; and
(c)
Files with the department a certified copy of the adoption assistance agreement
obtained from the adoption assistance state.
(2)
The department shall consider the holder of a medical assistance identification
document issued under this section to be the same as a holder of any other
medical assistance identification document issued under other laws of this
state. The department shall process and make payment on claims on behalf of the
holder in the same manner and subject to the same conditions and procedures as
for other recipients of medical assistance.
(3)
The department shall provide coverage and benefits for a child who is in
another state and is covered by an adoption assistance agreement made by the
department if the coverage or benefits are not provided by the residence state.
The adoptive parent may submit to the department evidence of payment for
services or benefit amounts that are not payable in the residence state. The
department shall reimburse the adoptive parent for services and benefit amounts
covered by this state’s medical assistance program. However, the department may
not reimburse the adoptive parent for services or benefit amounts covered under
any insurance or other third-party medical contract or arrangement held by the
child or the adoptive parent. The additional services and benefit amounts
provided under this subsection are for services for which there is no federal
contribution toward the cost of the services, or for services for which there
is a federal contribution toward the cost of the services but the services are
not provided by the residence state.
(4)(a)
For purposes of subsection (1) of this section, the department by rule may
require the adoptive parents to show, at least annually, that the adoption
assistance agreement is in force.
(b)
The department shall adopt rules implementing subsection (3) of this section.
The department shall include in the rules procedures for obtaining prior
approval for services in those instances when approval is required for the
assistance.
(5)
A person who submits a false, misleading or fraudulent claim for payment or
reimbursement for services or benefits under this section, or makes a false,
misleading or fraudulent statement in connection therewith, commits a Class C
felony if the person knows or should know that the claim or statement is false,
misleading or fraudulent. [1999 c.859 §4]
INTERSTATE COMPACT ON PLACEMENT OF
CHILDREN
417.200 Interstate Compact on Placement of
Children. The Interstate Compact on the Placement
of Children is enacted into law and entered into on behalf of this state with
all other jurisdictions legally joining therein in form substantially as
follows:
______________________________________________________________________________
INTERSTATE
COMPACT ON
THE PLACEMENT
OF CHILDREN
ARTICLE I
PURPOSE AND
POLICY
It
is the purpose and policy of the party states to cooperate with each other in
the interstate placement of children to the end that:
(a)
Each child requiring placement shall receive the maximum opportunity to be
placed in a suitable environment and with persons or institutions having
appropriate qualifications and facilities to provide a necessary and desirable
degree and type of care.
(b)
The appropriate authorities in a state where a child is to be placed may have
full opportunity to ascertain the circumstances of the proposed placement,
thereby promoting full compliance with applicable requirements for the
protection of the child.
(c)
The proper authorities of the state from which the placement is made may obtain
the most complete information on the basis on which to evaluate a projected
placement before it is made.
(d)
Appropriate jurisdictional arrangements for the care of children will be
promoted.
ARTICLE II
DEFINITIONS
As
used in this compact:
(a)
“Child” means a person who, by reason of minority, is legally subject to
parental, guardianship or similar control.
(b)
“Sending agency” means a party state, officer or employee thereof; a
subdivision of a party state, or officer or employee thereof; a court of a
party state; a person, corporation, association, charitable agency or other
entity which sends, brings, or causes to be sent or brought any child to
another party state.
(c)
“Receiving state” means the state to which a child is sent, brought, or caused
to be sent or brought, whether by public authorities or private persons or
agencies, and whether for placement with state or local public authorities or
for placement with private agencies or persons.
(d)
“Placement” means the arrangement for the care of a child in a family free or
boarding home or in a child-caring agency or institution but does not include
any institution caring for the mentally ill, mentally defective or epileptic or
any institution primarily educational in character, and any hospital or other
medical facility.
ARTICLE III
CONDITIONS FOR
PLACEMENT
(a)
No sending agency shall send, bring, or cause to be sent or brought into any
other party state any child for placement in foster care or as a preliminary to
a possible adoption unless the sending agency shall comply with each and every
requirement set forth in this article and with the applicable laws of the
receiving state governing the placement of children therein.
(b)
Prior to sending, bringing or causing any child to be sent or brought into a
receiving state for placement in foster care or as a preliminary to a possible
adoption, the sending agency shall furnish the appropriate public authorities
in the receiving state written notice of the intention to send, bring, or place
the child in the receiving state. The notice shall contain:
(1)
The name, date and place of birth of the child.
(2)
The identity and address or addresses of the parents or legal guardian.
(3)
The name and address of the person, agency or institution to or with which the
sending agency proposes to send, bring, or place the child.
(4)
A full statement of the reasons for such proposed action and evidence of the
authority pursuant to which the placement is proposed to be made.
(c)
Any public officer or agency in a receiving state which is in receipt of a
notice pursuant to paragraph (b) of this article may request of the sending
agency, or any other appropriate officer or agency of or in the sending agency’s
state, and shall be entitled to receive therefrom, such supporting or
additional information as it may deem necessary under the circumstances to
carry out the purpose and policy of this compact.
(d)
The child shall not be sent, brought, or caused to be sent or brought into the
receiving state until the appropriate public authorities in the receiving state
shall notify the sending agency, in writing, to the effect that the proposed
placement does not appear to be contrary to the interests of the child.
ARTICLE IV
PENALTY FOR
ILLEGAL PLACEMENT
The
sending, bringing, or causing to be sent or brought into any receiving state of
a child in violation of the terms of this compact shall constitute a violation
of the laws respecting the placement of children of both the state in which the
sending agency is located or from which it sends or brings the child and of the
receiving state. Such violation may be punished or subjected to penalty in
either jurisdiction in accordance with its laws. In addition to liability for
any such punishment or penalty, any such violation shall constitute full and
sufficient grounds for the suspension or revocation of any license, permit, or
other legal authorization held by the sending agency which empowers or allows
it to place, or care for children.
ARTICLE V
RETENTION OF
JURISDICTION
(a)
The sending agency shall retain jurisdiction over the child sufficient to
determine all matters in relation to the custody, supervision, care, treatment
and disposition of the child which it would have had if the child had remained
in the sending agency’s state, until the child is adopted, reaches majority,
becomes self-supporting or is discharged with the concurrence of the
appropriate authority in the receiving state. Such jurisdiction shall also include
the power to effect or cause the return of the child or its transfer to another
location and custody pursuant to law. The sending agency shall continue to have
financial responsibility for support and maintenance of the child during the
period of the placement. Nothing contained herein shall defeat a claim of
jurisdiction by a receiving state sufficient to deal with an act of delinquency
or crime committed therein.
(b)
When the sending agency is a public agency, it may enter into an agreement with
an authorized public or private agency in the receiving state providing for the
performance of one or more services in respect of such case by the latter as
agent for the sending agency.
(c)
Nothing in this compact shall be construed to prevent a private charitable
agency authorized to place children in the receiving state from performing
services or acting as agent in that state for a private charitable agency of
the sending state; nor to prevent the agency in the receiving state from
discharging financial responsibility for the support and maintenance of a child
who has been placed on behalf of the sending agency without relieving the
responsibility set forth in paragraph (a) hereof.
ARTICLE VI
INSTITUTIONAL
CARE
OF DELINQUENT
CHILDREN
A
child adjudicated delinquent may be placed in an institution in another party
jurisdiction pursuant to this compact but no such placement shall be made
unless the child is given a court hearing on notice to the parent or guardian
with opportunity to be heard, prior to being sent to such other party
jurisdiction for institutional care and the court finds that:
(1)
Equivalent facilities for the child are not available in the sending agency’s
jurisdiction; and
(2)
Institutional care in the other jurisdiction is in the best interest of the
child and will not produce undue hardship.
ARTICLE VII
COMPACT
ADMINISTRATOR
The
executive head of each jurisdiction party to this compact shall designate an
officer who shall be general coordinator of activities under this compact in
the jurisdiction of the officer and who, acting jointly with like officers of
other party jurisdictions, shall have power to promulgate rules and regulations
to carry out more effectively the terms and provisions of this compact.
ARTICLE VIII
LIMITATIONS
This
compact shall not apply to:
(a)
The sending or bringing of a child into a receiving state by a parent,
step-parent, grandparent, adult brother or sister, adult uncle or aunt, or
guardian and leaving the child with any such relative or nonagency guardian in
the receiving state.
(b)
Any placement, sending or bringing of a child into a receiving state pursuant
to any other interstate compact to which both the state from which the child is
sent or brought and the receiving state are party, or to any other agreement
between said states which has the force of law.
ARTICLE IX
ENACTMENT AND
WITHDRAWAL
This
compact shall be open to joinder by any state, territory or possession of the
United States, the District of Columbia, Commonwealth of Puerto Rico, and, with
the consent of Congress, the Government of Canada or any province thereof. It
shall become effective with respect to any such jurisdiction when such
jurisdiction has enacted the same into law. Withdrawal from this compact shall
be by the enactment of a statute repealing the same, but shall not take effect
until two years after the effective date of such statute and until written
notice of the withdrawal has been given by the withdrawing state to the
Governor of each other party jurisdiction. Withdrawal of a party state shall
not affect the rights, duties and obligations under this compact of any sending
agency therein with respect to a placement made prior to the effective date of
withdrawal.
ARTICLE X
CONSTRUCTION
AND SEVERABILITY
The
provisions of this compact shall be liberally construed to effectuate the
purposes thereof. The provisions of this compact shall be severable and if any
phrase, clause, sentence or provision of this compact is declared to be
contrary to the constitution of any party state or of the United States or the
applicability thereof to any government, agency, person or circumstance is held
invalid, the validity of the remainder of this compact and the applicability
thereof to any government, agency, person or circumstance shall not be affected
thereby. If this compact shall be held contrary to the constitution of any
state party thereto, the compact shall remain in full force and effect as to
the remaining states and in full force and effect as to the state affected as
to all severable matters.
______________________________________________________________________________
[1975 c.482 §1]
417.210 Financial responsibility for
placed children. (1) Financial responsibility for
any child placed pursuant to the provisions of the Interstate Compact on the
Placement of Children shall be determined in accordance with the provisions of
Article V thereof in the first instance. However, in the event of partial or
complete default of performance thereunder, the provisions of ORS chapter 110
and any other applicable laws also may be invoked.
(2)
The “appropriate public authorities” as used in Article III of the Interstate
Compact on the Placement of Children shall, with reference to this state, mean
the Department of Human Services and the department shall receive and act with
reference to notices required by Article III thereof.
(3)
As used in paragraph (a) of Article V of the Interstate Compact on the
Placement of Children, the phrase “appropriate authority in the receiving state”
with reference to this state shall mean the Department of Human Services. [1975
c.482 §2; 1995 c.608 §39; 1999 c.59 §109; 2001 c.900 §250]
417.220 Agreements with other states;
effect of financial provisions. The officers
and agencies of this state and its subdivisions having authority to place
children are authorized to enter into agreements with appropriate officers or
agencies of or in other party states pursuant to paragraph (b) of Article V of
the Interstate Compact on the Placement of Children. Any such agreement which
contains a financial commitment or imposes a financial obligation on this state
or subdivision or agency thereof shall not be binding unless it has the
approval in writing of the State Treasurer in the case of the state and of the
chief local fiscal officer in the case of a subdivision of the state. [1975
c.482 §3]
417.230 Compliance with visitation,
inspection or supervision requirements. Any
requirements for visitation, inspection or supervision of children, homes,
institutions or other agencies in another party state which may apply under ORS
418.250, 418.255 and 418.260 shall be considered to be met if performed
pursuant to an agreement entered into by appropriate officers or agencies of
this state or a subdivision thereof as contemplated by paragraph (b) of Article
V of the Interstate Compact on the Placement of Children. [1975 c.482 §4]
417.240 Placement of children in institutions
in other states. Any court having jurisdiction
pursuant to ORS 419B.100 or 419C.005 to place children may place a child in an
institution in another state pursuant to Article VI of the Interstate Compact
on the Placement of Children and shall retain jurisdiction as provided in
Article V thereof. [1975 c.482 §5; 1993 c.33 §324]
417.250 “Executive head” defined.
As used in Article VII of the Interstate Compact on the Placement of Children,
the term “executive head” means the Governor. The Governor is authorized to
appoint a compact administrator in accordance with the terms of said Article
VII. [1975 c.482 §6]
417.260 ORS 418.290 inapplicable to
children placed pursuant to compact. The
provisions of ORS 418.290 do not apply to a child placed or proposed to be
placed in Oregon pursuant to the Interstate Compact on the Placement of
Children. Application of the requirement contained in paragraph (d) of Article
III of the Interstate Compact on the Placement of Children shall be in lieu of
the requirements of ORS 418.290. [1975 c.482 §7]
INTERCOUNTRY ADOPTIONS
417.262 Intercountry adoptions of children
in custody of Department of Human Services; rules.
(1) As used in this section:
(a)
“Convention” means the Convention on Protection of Children and Co-operation in
Respect of Intercountry Adoption, concluded May 29, 1993, and entered into
force for the United States on April 1, 2008.
(b)
“Convention adoption” means the adoption of a child resident in a Convention
country by a United States citizen, or the adoption of a child resident in the
United States by an individual residing in a Convention country when, in
connection with the adoption, the child has moved or will move between the
United States and the Convention country.
(c)
“Convention country” means a country that is a party to the Convention and with
which the Convention is in force for the United States.
(d)
“Intercountry Adoption Act of 2000” means the Intercountry Adoption Act of
2000, 42 U.S.C. 14901 et seq.
(2)
To the extent consistent with the Convention and the Intercountry Adoption Act
of 2000, the Department of Human Services shall establish rules, policies and
procedures to implement the Convention, the Intercountry Adoption Act of 2000
and any applicable federal laws or regulations governing Convention adoptions
with respect to any child who is the subject of a Convention adoption, if the
child is in the department’s custody pursuant to a court order under ORS
418.015 or ORS chapter 419B or 419C or other law of this state. [2009 c.435 §1]
417.265 Department of Human Services to
implement Convention adoptions; minimum requirements; exchange of reports.
(1) As used in this section:
(a)
“Central Authority” means the entity designated by any Convention country as
such under Article 6(1) of the Convention or, in the case of the United States,
the United States Department of State.
(b)
“Central Authority function” means any duty required to be carried out by a
Central Authority under the Convention or by an entity authorized to perform
Central Authority functions under the Convention.
(c)
“Convention” means the Convention on Protection of Children and Co-operation in
Respect of Intercountry Adoption, concluded May 29, 1993, and entered into
force for the United States on April 1, 2008.
(d)
“Convention adoption” means the adoption of a child resident in a Convention
country by a United States citizen, or the adoption of a child resident in the
United States by an individual residing in a Convention country when, in
connection with the adoption, the child has moved or will move between the
United States and the Convention country.
(e)
“Convention country” means a country that is a party to the Convention and with
which the Convention is in force for the United States.
(f)
“Foreign authorized entity” means a foreign Central Authority or foreign entity
authorized to perform Central Authority functions, other than a United States
authorized entity, in a Convention adoption case.
(g)
“Intercountry Adoption Act of 2000” means the Intercountry Adoption Act of
2000, 42 U.S.C. 14901 et seq.
(h)
“Outgoing Convention adoption” means a Convention adoption of a child in the
custody of the Department of Human Services by an individual residing in a
Convention country when, in connection with the adoption, the child has moved
or will be moving from the United States to the Convention country.
(2)
The Department of Human Services shall work with the United States Department
of State to implement the Convention requirements for Convention adoptions.
(3)
To the extent consistent with the Convention and the Intercountry Adoption Act
of 2000, the rules, policies and procedures adopted by the Department of Human
Services under this section must provide that the Department of Human Services
shall, in cooperation with a foreign authorized entity of another Convention
country:
(a)
Develop minimum requirements for the placement and supervision of a child who
is the subject of an outgoing Convention adoption.
(b)
Require the exchange and provision of appropriate written reports, including
but not limited to background and home studies, between the Department of Human
Services and the foreign authorized entity as necessary to meet the
requirements developed under paragraph (a) of this subsection.
(c)
Establish minimum requirements regarding visits:
(A)
To the prospective adoptive parent’s home;
(B)
With the child;
(C)
With the prospective adoptive parents;
(D)
With other persons living in the prospective adoptive parents’ home; and
(E)
With other persons who may have information about the child’s adoptive
placement. [2009 c.528 §1]
POLICIES ON PROVIDING SERVICES TO
CHILDREN AND FAMILIES
417.270 Policy on equal access;
documentation of expenditure for males and females; identification of disparities;
equal access plan. (1) The Legislative Assembly
hereby acknowledges that females under 18 years of age often lack equal access,
both individually and as a group, when compared with males under 18 years of
age, to the facilities, services and treatment available through human services
and juvenile corrections programs provided by or funded by the State of Oregon.
(2)
The Legislative Assembly therefore declares that, as a matter of statewide
concern, it is in the best interests of the people of this state that equal
access for both males and females under 18 years of age to appropriate
facilities, services and treatment be available through all state agencies
providing or funding human services and juvenile corrections programs for
children and adolescents.
(3)
Recognizing this concern, the Legislative Assembly further declares that:
(a)
Any state administrative agency that regularly provides services to minors
shall, when the agency submits its annual budget to the Legislative Assembly,
specify the percentages of moneys allocated to, and expended for, the two
separate groups, males under 18 years of age and females under 18 years of age;
(b)
All state agencies providing human services and juvenile corrections programs
shall identify existing disparities in the allocations of moneys and services
to, and expended for, the two groups, males under 18 years of age and females
under 18 years of age, and shall document such disparities, if any, for the
purpose of reporting the information to the next odd-numbered year regular
session of the Legislative Assembly; and
(c)
The state agencies described in subsection (1) of this section shall:
(A)
Develop a plan to implement equal access to appropriate services and treatment,
based on presenting behaviors, for both males under 18 years of age and females
under 18 years of age, by January 1, 1995; and
(B)
Monitor the implementation and results of newly enacted legislation intended to
improve services for females under 18 years of age.
(4)
As used in subsection (3)(b) of this section, disparities include, but are not
limited to, disparities in:
(a)
The nature, extent and effectiveness of services offered for females under 18
years of age within the areas of teen pregnancy, physical and sexual abuse,
alcohol and drug abuse, services offered for runaway and homeless females under
18 years of age and services offered for females under 18 years of age who are
involved in gangs or other delinquent activity; and
(b)
The equity of services offered to at-risk children and youth with respect to
gender within the areas of physical and sexual abuse, alcohol and drug abuse
and services offered to runaway and homeless children and youth. [1993 c.461 §1;
2011 c.545 §50]
417.280 Victim services providers;
placement at child welfare offices; coordination of services.
(1) As used in this section, “victim services provider” means a nonprofit
agency or program receiving moneys administered by the Department of Human
Services or the Department of Justice that offers safety planning, counseling,
support or advocacy to victims of domestic violence.
(2)
The Department of Human Services may contract with local victim services
providers to place staff members from victim services providers at child
welfare offices for the purposes of allowing the staff members to divide their
time between the child welfare office and the staff member’s office to foster a
closer working relationship between the child welfare system and victim
services providers.
(3)
If the department contracts with local victim services providers, the staff
members described in subsection (2) of this section shall:
(a)
Provide in-depth safety planning, education, advocacy and continuing support to
adult victims of domestic violence who have children in the child welfare
system;
(b)
Receive referrals on cases that are closed at assessment; and
(c)
Participate in case reviews and provide consultation to workers at the child
welfare office.
(4)
In addition to the services provided under subsection (3) of this section,
staff members from victim services providers shall work with addiction and
recovery teams to help address co-occurrence of domestic violence and substance
abuse.
(5)
If the department contracts with local victim services providers, the
department shall consult with victim services providers in creating policies
and protocols to coordinate the provision of services under this section. [2009
c.333 §1]
417.300 Purpose of ORS 417.305.
The purpose of ORS 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 work in
partnership with local communities to plan, coordinate and provide programs
accordingly. [1989 c.834 §2; 1999 c.1053 §1]
417.305 Legislative findings relating to
serving children and families. (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;
(e)
Families should be supported and strengthened;
(f)
Communities provide the context for healthy children and families, and strong
families and healthy communities are interdependent; and
(g)
Economic opportunity and social cohesion are essential for healthy communities.
(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:
(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 child care;
(e)
The highest quality of educational opportunity;
(f)
Quality education;
(g)
Effective training, apprenticeship and productive employment;
(h)
A range of civic, cultural, educational, family support and positive youth
development programs and activities that promote self-esteem, involvement and a
sense of community;
(i)
Community services that are efficient, coordinated and readily available; and
(j)
Genuine participation in decisions concerning the planning and managing of
their lives and respect for such decisions.
(3)
In the interest of ensuring 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 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 this
section, service delivery systems for children and families shall include:
(a)
Cooperative partnerships among state agencies that serve children, youth and
families;
(b)
Methods of accountability to measure effectiveness of state-funded programs;
and
(c)
Use of public resources for programs and services that move the state toward
meeting the goals described in subsection (2) of this section. [1989 c.834 §3;
1991 c.715 §1; 1999 c.1053 §2; 2001 c.182 §1; 2001 c.831 §10a; 2003 c.293 §1]
417.310 [1989
c.834 §4; 1991 c.715 §2; 1995 c.440 §49; repealed by 1999 c.1053 §51]
417.315 [1989
c.834 §5; 1991 c.715 §3; 1993 c.676 §41a; repealed by 1999 c.1053 §51]
417.320 [1989
c.834 §6; repealed by 1999 c.1053 §51]
417.325 [1989
c.834 §7; repealed by 1999 c.1053 §51]
417.330 [1989
c.834 §8; repealed by 1993 c.676 §53]
417.335 [1989
c.834 §1; repealed by 1993 c.676 §53]
FAMILY SUPPORT SERVICES
417.340 Definitions for ORS 417.340 to
417.349. As used in ORS 417.340 to 417.348 and
417.349:
(1)
“Child’s home” means the home in which a child resides with the child’s
biological or adoptive parents or legal guardian. It does not include foster
care, proctor care, group home placement or other institutional placement.
(2)
“Family” means the unit that consists of:
(a)
A member with a disability or chronic illness; and
(b)
One or more related persons who reside in the same household.
(3)
“Family member with a disability or chronic illness” means a person who has a
disability or chronic illness that:
(a)
Is likely to continue indefinitely;
(b)
Results in substantial functional limitations in one or more of the following
areas of major life activity:
(A)
Self-care;
(B)
Receptive and expressive language;
(C)
Learning;
(D)
Mobility;
(E)
Self-direction;
(F)
Capacity for independent living; or
(G)
Economic self-sufficiency; and
(c)
Reflects the person’s need for special, interdisciplinary or generic care,
treatment or other services that are of lifelong duration and must be
individually planned and coordinated.
(4)
“Medically involved” means having a physical or developmental disability that
requires assistance with most activities of daily living and requires health
and personal care throughout the day and night. [1991 c.122 §1; 2001 c.900 §251;
2007 c.751 §1]
417.342 Family support services;
principles. (1) Family support services are based
on the belief that all people, regardless of disability, chronic illness or
special need, have the right to a permanent and stable familial relationship in
the community. Children have a developmental need to grow up in a family home
environment. However, nothing in ORS 417.340 to 417.348 or 417.349 is intended
to require any person with a disability or chronic illness to live in the
family home.
(2)
Family support services can provide the support necessary to enable the family
to meet the needs of caring for a family member with a disability or chronic
illness at home and, subject to available funds, shall be based on the
following principles:
(a)
Family support services may use private and volunteer resources, publicly
funded services and other flexible dollars to provide a family with the
services needed to care for the family member with a disability or chronic
illness.
(b)
Family support services must be sensitive to the unique needs, strengths and
multicultural values of an individual and the family rather than fitting the
individual and family into existing services.
(c)
Family support services must be built on a relationship of respect and trust
that recognizes that families are better able to determine their own needs than
have their needs determined by the state or a public agency.
(d)
Family support services shall be provided in a manner that develops
comprehensive, responsive and flexible support to families in their role as
primary caregivers for family members with disabilities or chronic illnesses.
(e)
Family support services shall focus on the entire family and be responsive to
the needs of the individual and the family.
(f)
Family support services may be needed throughout the lifespan of the individual
family member living at home who has a disability or chronic illness.
(g)
Family support services shall be available to families before they are in
crisis.
(h)
Family support services may be a service option offered to families, but not
imposed on them.
(i)
Family support services shall encourage maximum use of existing social networks
and natural sources of support and should encourage community integration.
(j)
Family support services shall not be confined to a single program or set of
services but shall be a philosophy that permeates all programs and services. [1991
c.122 §2; 2001 c.900 §252; 2007 c.751 §2]
417.344 Types of services included.
Family support services may include but are not limited to:
(1)
Family support consultation;
(2)
Information and referral;
(3)
Financial assistance;
(4)
Emergency and outreach services; and
(5)
Individual and family centered assistance, including but not limited to:
(a)
Purchase of special equipment;
(b)
Respite care;
(c)
Recreation;
(d)
Transportation;
(e)
Special dietary needs;
(f)
Dependent care;
(g)
Medical services;
(h)
Housing modification;
(i)
Counseling; and
(j)
Support groups. [1991 c.122 §3; 1995 c.278 §48]
417.345 Medically Involved Home-Care
Program; services; enrollment; effect of program on funding for certain
programs; rules. (1) The Medically Involved
Home-Care Program is created in the Department of Human Services. The
department shall provide all State Plan Medicaid and waivered services
available under state and federal law that are necessary to enable a medically
involved child to be cared for in the child’s home. The waivered services that
must be available include but are not limited to home nursing care, durable
medical equipment and respite care.
(2)
The department shall adopt by rule criteria for determining the need for and
extent of assistance to be provided to a medically involved child enrolled in
the Medically Involved Home-Care Program created by subsection (1) of this
section. The criteria shall include, but are not limited to, consideration of:
(a)
The medical needs of the child;
(b)
The needs of any other family member with a disability or chronic illness in
the child’s home;
(c)
Family and community support available to the child and family caregivers; and
(d)
The assistance necessary for the family to care for the child in the child’s
home, disregarding parental or legal guardian income.
(3)
Subject to limits on enrollment required by state or federal law, services
offered through the Medically Involved Home-Care Program shall be made
available to children meeting the criteria established by the department by
rule. Priority for enrollment shall be given to:
(a)
A child transferring to the child’s home from nursing home placement, foster
care placement or other out-of-home placement;
(b)
A child living at home who is at risk of nursing home placement, foster care
placement or other out-of-home placement;
(c)
A child who does not otherwise qualify for medical assistance under ORS chapter
414 and for whom the department pays family support payments pursuant to ORS
430.215 that exceed $10,000 per year; and
(d)
A child who is at risk of losing eligibility for medical assistance under ORS
chapter 414 due to a caregiver’s employment or an increase in a caregiver’s
earnings.
(4)
The department shall enroll no fewer than 125 medically involved children in
the Medically Involved Home-Care Program beginning January 1, 2008. The
department shall enroll an additional 25 medically involved children each
calendar year thereafter, to the maximum number allowed by federal law or under
the terms of the federal approval.
(5)
Moneys appropriated to the department for the Medically Involved Home-Care
Program may not be used to supplant moneys appropriated to the department for
the Children’s Intensive In-Home Services program.
(6)
As used in this section, “child” means a person under 18 years of age. [2007
c.751 §§4 to 6; 2009 c.11 §60]
417.346 Duties of Director of Human
Services; rules. Subject to the availability of
funds therefor, the Director of Human Services, in consultation with the
Director of the Oregon Health Authority, shall:
(1)
Identify current programs and potential resources available to families
providing care for a family member with a disability or chronic illness.
(2)
Develop a biennial plan for adequate funding and recommend budgetary priorities
for family support services.
(3)
Develop a biennial cooperative plan for assuring a statewide interagency system
of family support services.
(4)
Adopt rules for family support services that are guided by the goals and
principles set forth in ORS 417.340 to 417.348. These rules shall contain a
grievance procedure.
(5)
Make a biennial report to the Legislative Assembly on the state of the family
support system, including strengths, deficiencies, cost savings and
recommendations. This report shall include a comprehensive statement of the
efforts of the Department of Human Services to carry out the policies and
principles set forth in this legislation. The report shall include but not be
limited to a list of family support services, a summary of costs and the number
of clients served.
(6)
Establish a Family Support Advisory Council whose purpose is to review and
comment on plans and services provided or contracted for family support by
state agencies and advise the director on the state plans for coordinated
family support services.
(a)
The council shall meet a minimum of four times per year.
(b)
The membership of the council shall be 51 percent consumers of family support services.
(c)
The remaining membership shall be composed of representatives of agencies
providing family support services and representatives of advocacy groups. One
member shall be a representative of the Department of Education. [1991 c.122 §4;
2001 c.900 §109; 2009 c.595 §358]
417.348 Eligibility requirements.
Subject to the availability of funds therefor, a family shall be eligible to
receive family support services and goods if the family meets any of the
following requirements:
(1)
The family has a family member requiring long term care due to disability or
chronic illness whom the family desires to keep at home or return to the home
from an institution or other out-of-home placement.
(2)
The family desires to care for the dependent family member at home if
financial, physical or other barriers are reduced or eliminated and adequate
community based support services are provided.
(3)
The family is caring for a family member who is waiting for residential or
vocational services.
(4)
Other requirements established by the Department of Human Services. The
requirements must be reviewed by the Family Support Advisory Council. [1991
c.122 §5; 2001 c.900 §110]
417.349 Department of Human Services to
provide family support services. In accordance
with ORS 417.342 and 417.344, the Department of Human Services shall provide
family support services throughout the department. Notwithstanding ORS 430.640
and 430.664, the department may contract directly with community organizations
for the provision of family support services. [2001 c.900 §6; 2011 c.720 §156]
417.350 Family support services as social
benefits. Funds, goods and services provided to
families under ORS 417.340 to 417.348 are social benefits for the promotion of
general welfare. The benefits may not be used to replace or reduce other state
or federal benefits provided the families under Oregon law. [1993 c.241 §1]
417.355 Principles of family law system.
The Sixty-eighth Legislative Assembly accepts the recommendations of the Task
Force on Family Law and recognizes that a comprehensive family law system must
reflect the following principles:
(1)
The welfare of children shall be paramount in the resolution of family
conflicts.
(2)
Children must learn to develop healthy relationships and to resolve conflicts
in peaceful ways.
(3)
Whenever possible and appropriate, children shall continue to have both parents
in their lives and parents shall be encouraged to work out agreements between
themselves regarding their children.
(4)
The safety and economic well-being of family members shall be given priority.
(5)
Family members in conflict must have appropriate forums in which to grieve and
accept change.
(6)
All families deserve respect and the support of social policy. [1995 c.800 §1]
FAMILY- OR CLIENT-CENTERED SERVICE
SYSTEM
417.360 Findings and policy.
(1) The Legislative Assembly finds that:
(a)
The current delivery system for human services is fragmented and uncoordinated,
producing service duplication and inappropriate or inadequate responses to
individuals and to families;
(b)
Clients with multiple needs must interact with a variety of agencies and
frequently feel powerless to negotiate the complicated array of services;
(c)
The system is too often perceived as victimizing the persons it is intended to
serve;
(d)
Dedicated direct service workers become the target of disillusionment by
clients even though the workers are equally frustrated by their lack of control
over bureaucratic requirements; and
(e)
The state needs to rethink and restructure traditional methods of delivering
human services. Organizations that have traditionally not viewed themselves as
partners, such as social services and education, must be strongly encouraged to
integrate their programs.
(2)
It shall be the policy of this state to foster a family-or client-centered
service delivery system at the community level with the goal of providing more
efficient and responsive services, driven by the needs of the individuals and
families served and not by funding tied to traditional, categorical programs.
Family services available through community level delivery systems should
include, but need not be limited to, education, information and referral
services. [1991 c.359 §1; 1995 c.800 §1a]
417.362 System requirements.
A family- or client-centered service system must be a system that:
(1)
Insures active participation of clients in service planning, decision making
and service delivery;
(2)
Empowers direct service workers to gain access to a broad continuum of services
and flexible funding to meet the needs of individuals and families served;
(3)
Pools funds of multiple service delivery agencies;
(4)
Generates policies for program planning and implementation at the community
level rather than mandating policies at the state level; and
(5)
Supports and enhances family harmony with the goal of preserving the health and
integrity of all family units. [1991 c.359 §2; 1995 c.800 §2]
417.364 [1991
c.359 §3; repealed by 1993 c.676 §53]
FAMILY DECISION-MAKING MEETING
417.365 “Family decision-making meeting”
defined for ORS 417.365 to 417.375. As used in
ORS 417.365 to 417.375, “family decision-making meeting” means a family-focused
intervention facilitated by professional staff that is designed to build and
strengthen the natural caregiving system for the child. Family decision-making
meetings may include family group conferences, family unity meetings, family
mediation or other professionally recognized interventions that include
extended family and rely upon the family to make decisions about planning for
its children. The purpose of the family decision-making meeting is to establish
a plan that provides for the safety, attachment and permanency needs of the
child. [1997 c.799 §1]
417.368 Consideration of meeting required
for certain cases. (1) The Department of Human
Services shall consider the use of a family decision-making meeting in each
case in which a child is placed in substitute care for more than 30 days.
(2)
When the department determines that the use of a family decision-making meeting
is appropriate, the meeting shall be held, whenever possible, before the child
has been in substitute care for 60 days.
(3)
If the department elects not to conduct a family decision-making meeting, the
reasons for that decision shall be clearly documented in the written service
plan of the child developed by the department. [1997 c.799 §2]
417.371 Notice to family members of
meeting; definitions. (1) If the Department of Human
Services determines that the use of a family decision-making meeting is
appropriate, the department shall conduct and document reasonable inquiries to
promptly locate and notify the parents, grandparents and any other family
member who has had significant, direct contact with the child in the year prior
to the substitute care placement.
(2)
All family members notified by the department may attend the meeting unless the
department determines that the safety of any attendee will be compromised by
the attendance of any family member.
(3)
Any family member the department deems a safety risk may provide written
statements that address the subject of any family decision-making meeting,
including the determination of placement of the child or components of a
service plan for the child and family members.
(4)
As used in this section:
(a)
“Family member” means any person related to the child by blood, marriage or
adoption, including but not limited to parents, grandparents, stepparents,
aunts, uncles, sisters, brothers, cousins or great-grandparents. “Family member”
also includes a child 12 years of age or older, or a child younger than 12
years of age when appropriate.
(b)
“Reasonable inquiries” means efforts that involve reviewing the case file for
relevant information, contacting the parents or guardians and contacting
additional sources of information that may lead to ascertaining the whereabouts
of family members, if necessary. [1997 c.799 §3]
417.375 Development of family plan;
contents. (1) If the Department of Human Services
conducts a family decision-making meeting under ORS 417.365 to 417.375, the
meeting shall result in the development of a written family plan that may
include a primary permanent plan, concurrent permanent plan, placement
recommendations and service recommendations. The family plan or service agreement
shall also include:
(a)
The expectations of the parents of the child and other family members;
(b)
Services the department will provide;
(c)
Timelines for implementation of the plan;
(d)
The benefits of compliance with the plan;
(e)
The consequences of noncompliance with the plan; and
(f)
A schedule of subsequent meetings, if appropriate.
(2)
Any family member participating in a family decision-making meeting shall sign
a written acknowledgment of the content of the family plan developed at the
family decision-making meeting and their attendance at the meeting.
(3)
The department shall incorporate the family plan developed at the family
decision-making meeting into the department’s service plan for the child to the
extent that the family plan protects the child, builds on family strengths and
is focused on achieving permanency for the child within a reasonable time.
(4)
If the family plan is not incorporated in the department’s service plan for the
child, the department shall document the reasons in the service plan.
(5)
The department shall send a copy of the family plan to the family participants,
including those family members who participated in writing pursuant to ORS
417.371 (3), no later than 21 days after the conclusion of the family
decision-making meeting. [1997 c.799 §4; 2001 c.686 §18]
417.400 [1979
c.682 §1; 1989 c.835 §2; repealed by 1993 c.676 §53]
417.405 [1979
c.682 §3; 1985 c.631 §6; 1989 c.835 §3; 1991 c.581 §7; 1993 c.33 §325; 1993
c.546 §121; repealed by 1993 c.676 §53]
417.410 [1979
c.682 §2; 1985 c.499 §1; repealed by 1993 c.676 §53]
417.415 [1979
c.682 §8; repealed by 1993 c.676 §53]
417.420 [1979
c.682 §9; 1981 c.383 §1; 1989 c.835 §14; repealed by 1993 c.676 §53]
417.425 [1979
c.682 §10; 1981 c.383 §2; 1989 c.835 §15; repealed by 1993 c.676 §53]
417.430 [1979
c.682 §11; 1981 c.383 §3; 1985 c.618 §9; 1989 c.835 §16; 1993 c.33 §361;
repealed by 1993 c.676 §53]
417.435 [1979
c.682 §12; 1985 c.499 §2; repealed by 1993 c.676 §53]
417.440 [1979
c.682 §13; 1989 c.835 §17; repealed by 1993 c.676 §53]
417.445 [1979
c.682 §14; 1985 c.499 §9; 1989 c.835 §18; 1991 c.581 §8; repealed by 1993 c.676
§53]
417.450 [1979
c.682 §15; 1981 c.383 §4; 1983 c.283 §1; 1985 c.499 §7; repealed by 1989 c.119 §1]
417.455 [1979
c.682 §16; 1981 c.383 §5; 1985 c.499 §5; 1989 c.835 §21; repealed by 1993 c.676
§53]
417.475 [1979
c.682 §4; 1989 c.835 §4; 1991 c.581 §9; repealed by 1993 c.676 §53]
417.480 [1979
c.682 §5; repealed by 1993 c.676 §53]
417.485 [1979
c.682 §6; repealed by 1993 c.676 §53]
417.490 [1979
c.682 §7; 1981 c.869 §6; 1985 c.499 §6; 1987 c.320 §157; 1989 c.834 §16; 1989
c.835 §22; 1991 c.581 §10; repealed by 1993 c.676 §53]
417.500
[Repealed by 1993 c.676 §53]
417.510 [1989
c.835 §1; repealed by 1993 c.676 §53]
417.600 [1987
c.906 §1; repealed by 1993 c.33 §373]
417.610 [1987
c.906 §2; repealed by 1993 c.33 §373]
417.620 [1987
c.906 §3; repealed by 1993 c.33 §373]
417.630 [1987
c.906 §4; repealed by 1993 c.33 §373]
417.640 [1987
c.906 §5; repealed by 1993 c.33 §373]
417.650 [1987
c.906 §6; repealed by 1993 c.33 §373]
417.660 [1987
c.906 §7; repealed by 1993 c.33 §373]
417.670 [1987
c.906 §9; 1989 c.994 §1; repealed by 1993 c.33 §373]
417.672 [1991
c.747 §1; repealed by 1993 c.33 §373 and 1993 c.676 §53]
417.700 [1991
c.265 §§1,2; 1993 c.18 §102; 1993 c.676 §42; renumbered 417.900 in 1993]
SERVICES TO CHILDREN AND FAMILIES
(Generally)
417.705 Definitions for ORS 417.705 to
417.800. As used in ORS 417.705 to 417.800:
(1)
“Community mobilization” means government and private efforts to increase
community awareness and facilitate the active participation of citizens and
organizations in projects and issues that will have positive impact on the
well-being of children, families and communities.
(2)
“Efficiency” means a measurable indicator of the amount of resources required
to produce an output.
(3)
“High-level outcome” means the Oregon benchmarks adopted by the Oregon Progress
Board and any other measurable indicators of societal well-being.
(4)
“Intermediate outcome” means a measurable indicator of the effort by an agency
or other entity toward achieving a high-level outcome target.
(5)
“Local commission” means a local commission on children and families
established pursuant to ORS 417.760.
(6)
“Local coordinated comprehensive plan” or “local plan” means a local
coordinated comprehensive plan for children and families that is developed
pursuant to ORS 417.775 through a process coordinated and led by a local
commission and that consists of:
(a)
A community plan that identifies the community’s needs, strengths, goals,
priorities and strategies for:
(A)
Creating positive outcomes for children and families;
(B)
Community mobilization;
(C)
Coordinating programs, strategies and services for children who are 0 through
18 years of age and their families among community groups, government agencies,
private providers and other parties; and
(D)
Addressing the needs of target populations; and
(b)
The service plans listed in ORS 417.775 (6) that designate specific services
for the target populations identified in the community plan.
(7)
“Outcome” means the measure of a desired result.
(8)
“Output” means the amount or frequency of products or services delivered by an
agency or other entity.
(9)
“Performance measure” includes outcomes, outputs and efficiencies that indicate
how well an agency or other entity is carrying out its mission and achieving
its goals.
(10)
“Services for children and families” does not include services provided by the
Department of Education or school districts that are related to curriculum or
instructional programs.
(11)
“State commission” means the State Commission on Children and Families
established under ORS 417.730.
(12)
“Target” means a specific level of achievement desired for a specific time,
expressed numerically. [1993 c.676 §30; 1999 c.1053 §3; 2003 c.148 §1; 2003
c.553 §1]
417.707 Duty of state agencies providing
services for children and families. The purpose
of ORS 417.705 to 417.800 and 419A.170, as described in ORS 417.708 to 417.725,
shall be implemented by all state agencies providing services for children and
families to guide the providing of those services. [Formerly 417.755]
417.708 Legislative findings relating to
young children. The Legislative Assembly finds:
(1)
The first three years of life are a crucial period in a child’s life, and
during this period a child is sensitive to the protective mechanisms of
parental and family support.
(2)
Brain development that takes place during the first year of life is rapid and
extensive and has implications for lifelong physical, social-emotional and
cognitive well-being. [2001 c.831 §2]
417.710 Statement of purpose.
Subject to the availability of funds therefor and the specific provisions of
ORS 417.705 to 417.800 and 419A.170, it is the purpose of ORS 417.705 to
417.800 and 419A.170 to:
(1)
Authorize the State Commission on Children and Families to set statewide
guidelines for the planning, coordination and delivery of services for children
and families in conjunction with other state agencies and other planning
bodies;
(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 for children and families in the local area
and to supervise the development of the local coordinated comprehensive plan;
(3)
Provide a process for comprehensive local planning for services for children
and families to provide local services that are consistent with statewide
guidelines;
(4)
Retain in the state the responsibility for funding of services 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
417.800 and 419A.170; and
(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. [1993 c.676 §1; 1999 c.1053 §4; 2003 c.553 §2]
417.715 Policy; service system values and
goals. (1) It is the intent of the Legislative
Assembly to enable families and communities to protect, nurture and realize the
full physical, social, emotional, cognitive and cultural developmental potential
of children in Oregon. Toward this end, the Legislative Assembly shall develop
and implement a statewide system of services that is preventive, integrated in
local communities and accessible to children and families and that focuses on
promoting the wellness of Oregon’s children.
(2)
The service system shall be based on promoting the wellness of Oregon’s
children and families. The following values shall guide the design and
implementation of this system:
(a)
A commitment to children that ranks them as Oregon’s first priority;
(b)
A commitment to reducing the number of Oregon’s children and families living in
poverty;
(c)
A commitment to equitable treatment of gender in both services and funding;
(d)
A view that strengthening families is of paramount concern, but that child
safety must come first if a conflict between the well-being of a child and the
well-being of a family arises;
(e)
A recognition of the central role of families as the best place for children to
develop;
(f)
A realization that good parenting skills are fundamental to a healthy society;
(g)
A sensitivity to diversity that requires culturally competent services
respectful of genders, cultures, orientations and disabilities;
(h)
An offering of opportunities for children to develop self-worth and concern for
others, and to reach their full potential;
(i)
A fundamental assumption that children should be provided the means to attain
safety and good health; and
(j)
A commitment to early detection and treatment of families at risk for child
abuse and neglect.
(3)
The service system shall emphasize:
(a)
Services designed to identify risks and nurture potential at the earliest time
in a child’s life;
(b)
Services designed to respond to and reduce risks at the earliest possible point
of detection;
(c)
A comprehensive continuum of services such as prevention, early intervention
and treatment for children in all age groups;
(d)
The realization that funding one age group or gender of children at the expense
of another is destructive of the wellness of children; and
(e)
That maintenance and enhancement of treatment services and augmentation of
preventive services are paramount to the effective delivery of services to
children and families.
(4)
The service system must begin at the local level, through cooperation and
integration of all local and state providers, treat the whole person and be
built on the strengths and natural supports of neighborhoods and communities. [1993
c.676 §1a]
417.720 Characteristics of service system.
The characteristics of the service system developed and implemented under ORS
417.705 to 417.800 and 419A.170 are that the system:
(1)
Is nonstigmatizing;
(2)
Is available and accessible when needed and is based on the perspective of
children and families and, whenever possible, allows families to design their
own service programs, based on assessment of their needs and their solutions
and resources for change;
(3)
Is outcome-oriented;
(4)
Is integrated;
(5)
Recognizes the contributions of the system’s workers;
(6)
Promotes in the community a sense of responsibility for self and others and is
committed to the well-being of children as well as support for families;
(7)
Emphasizes local planning for children and families and integrates local needs
with statewide goals;
(8)
Provides services locally in a process that encourages partnerships, alliances
and efficient use of resources; and
(9)
Provides local service delivery systems that build on the unique strengths of
the county or community. [1993 c.676 §2]
417.725 Key elements of system; family
resource and community learning centers. (1) Key
elements of the service system developed and implemented under ORS 417.705 to
417.800 and 419A.170 are:
(a)
A two-to-seven-year incremental implementation process with measurable
outcomes;
(b)
An implementation process resulting in a voluntary system based on nurturing
human development; and
(c)
A service continuum based on promoting wellness for the children of Oregon
whose parents have given their express written consent. Family resource centers
and community learning centers as defined in ORS 329.007 are a viable, but not
the exclusive, structure for delivering a service continuum.
(2)
If a system of family resource centers and community learning centers is
selected by a local commission on children and families established pursuant to
ORS 417.760 to deliver services, the centers:
(a)
May serve as the prevention arm of the voluntary delivery system and may link
and integrate neighborhood-based services with the intent that services be
available to all families who have given their express written consent to
promote their children’s wellness;
(b)
Shall involve parents in the care and education of their children;
(c)
Shall involve the local community in developing and overseeing family resource
center programs and community learning center programs;
(d)
Shall be consistent with the local coordinated comprehensive plan; and
(e)
Shall incorporate the requirements specified for community learning centers
under ORS 329.156. [1993 c.676 §3; 2001 c.831 §10; 2003 c.153 §1]
417.727 Oregon Early Childhood System.
Based on the findings expressed in ORS 417.708, there is created the Oregon
Early Childhood System. The goals of the system are to:
(1)
Prevent child abuse and neglect;
(2)
Improve the health and development of young children;
(3)
Promote bonding and attachment in the early years of a child’s life;
(4)
Support parents in providing the optimum environment for their young children;
(5)
Link and integrate services and supports in the voluntary statewide early
childhood system pursuant to ORS 417.728;
(6)
Link and integrate services and supports in the voluntary local early childhood
system pursuant to ORS 417.777;
(7)
Ensure that children are entering school ready to learn; and
(8)
Ensure that children receive quality child care. [2001 c.831 §4]
417.728 Statewide early childhood system;
requirements. (1) The State Commission on Children
and Families, the Department of Education, the Employment Department, the Department
of Human Services and the Oregon Health Authority shall lead a joint effort
with other state and local early childhood partners to establish the policies
necessary for a voluntary statewide early childhood system that shall be
incorporated into the local coordinated comprehensive plan.
(2)
The voluntary statewide early childhood system shall be designed to achieve:
(a)
The appropriate early childhood benchmarks jointly identified by the State
Commission on Children and Families, the Department of Education, the
Employment Department, the Department of Human Services and the Oregon Health
Authority, with input from early childhood partners, as the appropriate
benchmarks; and
(b)
Any other early childhood benchmark or intermediate outcome jointly identified
by the State Commission on Children and Families, the Department of Education,
the Employment Department, the Department of Human Services and the Oregon
Health Authority, with input from early childhood partners, as an appropriate
benchmark or outcome.
(3)
The voluntary statewide early childhood system shall include the following
components:
(a)
A process to identify as early as possible children and families who would
benefit from early childhood services;
(b)
A plan to support the identified needs of the child and family that coordinates
case management personnel and the delivery of services to the child and family;
and
(c)
Services to support children who are zero through eight years of age and their
families who give their express written consent, including:
(A)
Screening, assessment and home visiting services pursuant to ORS 417.795;
(B)
Specialized or targeted home visiting services;
(C)
Community-based services such as relief nurseries, family support programs and
parent education programs;
(D)
High quality child care, as defined by the Commission for Child Care;
(E)
Preschool and other early education services;
(F)
Health services for children and pregnant women;
(G)
Mental health services;
(H)
Alcohol and drug treatment programs that meet the standards promulgated by the
Oregon Health Authority pursuant to ORS 430.357;
(I)
Developmental disability services; and
(J)
Other state and local services.
(4)
The State Commission on Children and Families, the Department of Education, the
Employment Department, the Department of Human Services and the Oregon Health
Authority shall jointly:
(a)
Consolidate administrative functions relating to the voluntary statewide early
childhood system, to the extent practicable, including but not limited to
training and technical assistance, planning and budgeting. This paragraph does
not apply to the administrative functions of the Department of Education
relating to education programs;
(b)
Adopt policies to establish training and technical assistance programs to
ensure that personnel have skills in appropriate areas, including screening,
family assessment, competency-based home visiting skills, cultural and gender
differences and other areas as needed;
(c)
Identify research-based age-appropriate and culturally and gender appropriate
screening and assessment tools that would be used as appropriate in programs
and services of the voluntary statewide early childhood system;
(d)
Develop a plan for the implementation of a common data system for voluntary early
childhood programs as provided in section 7, chapter 831, Oregon Laws 2001;
(e)
Coordinate existing and new early childhood programs to provide a range of
community-based supports;
(f)
Establish a common set of quality assurance standards to guide local
implementation of all elements of the voluntary statewide early childhood
system, including voluntary universal screening and assessment, home visiting,
staffing, evaluation and community-based services;
(g)
Ensure that all plans for voluntary early childhood services are coordinated
and consistent with federal and state law, including but not limited to plans
for Oregon prekindergarten programs, federal Head Start programs, early
childhood special education services, early intervention services and public
health services;
(h)
Identify how the voluntary statewide early childhood system for children who
are zero through eight years of age will link with systems of support for older
children and their families;
(i)
Contract for an evaluation of the outcomes of the voluntary statewide early
childhood system; and
(j)
During January of each odd-numbered year, report to the Governor and the
Legislative Assembly on the voluntary statewide early childhood system. The
report shall include the evaluation described in paragraph (i) of this
subsection.
(5)
The State Commission on Children and Families, the State Board of Education,
the Employment Department, the Department of Human Services and the Oregon
Health Authority when adopting rules to administer voluntary early childhood
programs under their individual authority shall adopt rules that are consistent
with the requirements of the voluntary statewide early childhood system created
under this section.
(6)
Information gathered in conjunction with the voluntary comprehensive screening
and assessment of children and their families may be used only for the
following purposes:
(a)
Providing services to children and families who give their express written
consent;
(b)
Providing statistical data that are not personally identifiable;
(c)
Accomplishing other purposes for which the family has given express written
consent; and
(d)
Meeting the requirements of mandatory state and federal disclosure laws. [Formerly
417.748; 2003 c.293 §2; 2005 c.271 §2; 2009 c.595 §359]
(State Commission)
417.730 State Commission on Children and
Families; members; appointments; qualifications.
(1) There is established a State Commission on Children and Families consisting
of:
(a)
The Director of Human Services;
(b)
The Superintendent of Public Instruction;
(c)
The Director of the Employment Department or, at the Governor’s direction, the
chairperson of the Commission for Child Care;
(d)
The Director of the Oregon Health Authority;
(e)
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;
(f)
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
(g)
Twelve 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. The members appointed by the Governor shall include:
(a)
One representative from the Oregon Juvenile Department Directors’ 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 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. [1993 c.676 §4; 1999
c.1053 §5; 2001 c.104 §146; 2003 c.293 §3; 2009 c.595 §360]
417.733 State Commission on Children and
Families Account. The State Commission on Children
and Families Account is established separate and distinct from the General
Fund. All moneys received by the State Commission on Children and Families,
other than appropriations from the General Fund, shall be deposited into the
account and are continuously appropriated to the commission to carry out the
duties, functions and powers of the commission. [2001 c.716 §14]
Note:
417.733 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 417 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
417.735 Duties of state commission; rules.
(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 417.708 to 417.725.
The state commission shall provide no direct services.
(2)(a)
Funds for local commissions shall consist of payments from moneys appropriated
for local commissions 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 for children
and families, and a minimum annual grant shall be provided to each county or
region.
(b)
The state commission shall provide technical assistance and research-based
information to local commissions to support the development of county goals,
performance measures and outcomes for services and programs.
(c)
The state commission may withhold funds from a local commission if services and
programs funded through the local commission do not meet appropriate
performance measures and outcomes.
(3)
The state commission shall:
(a)
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 417.800. 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)
Advise the Legislative Assembly and the Governor concerning possible solutions
to problems facing children and families;
(c)
In consultation with other agencies, identify high-level and intermediate outcomes
relating to children and families and monitor the progress of local coordinated
comprehensive plans in meeting intermediate outcome targets;
(d)
Encourage the development of innovative projects, based on proven practices of
effectiveness, that benefit children and families;
(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;
(g)
Establish a uniform system of reporting and collecting statistical data from
counties and other agencies serving children and families;
(h)
Provide a process whereby the Department of Human Services, Oregon Health
Authority, Juvenile Crime Prevention Advisory Committee, Oregon Youth
Authority, Department of Education, Department of Community Colleges and
Workforce Development, Employment Department, Housing and Community Services
Department and Oregon Business 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;
(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 intermediate outcome targets 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.
(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 measures and outcomes for evaluating services at the local level;
(b)
Monitor the progress in meeting intermediate outcome targets in the local
coordinated comprehensive plans;
(c)
In conjunction with the Department of Human Services 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
Services; and
(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 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.
(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 be responsible
for management functions of the state commission subject to policy direction by
the state commission.
(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 Services in which they agree on a system to:
(a)
Distribute all Title XX Social Services Block Grant funds;
(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.
(8)
In addition to the authority under subsection (5)(e) of this section, the state
commission may direct the Department of Human Services or the appropriate state
department providing services for children and families to negotiate federal
waivers. If the Department of Human Services 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 Services or
other state agency to apply for and negotiate the waiver.
(9)
If the Department of Human Services 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
Services or other state agency to distribute the funds.
(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.
(11)
In conjunction with the Department of Human Services, 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.
(12)
Before each odd-numbered year 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;
(b)
The status in all counties of local service systems related to the health and
wellness of children and the adequacy of financial resources to deliver
services;
(c)
The progress in achieving desired outcomes, including but not limited to the
statewide guidelines set by the state commission under ORS 417.710 (1);
(d)
Barriers to achieving intermediate and high-level outcome targets as identified
in local coordinated comprehensive plans;
(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.
(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 417.800 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)
The state commission shall:
(a)
Implement the recommendations of the Juvenile Crime Prevention Advisory
Committee, as approved by the Governor; and
(b)
In cooperation with other state and federal agencies, coordinate technical
assistance efforts on a statewide and county-specific basis relating to
juvenile crime prevention programs and services.
(15)
The state 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 chapter 183, the state commission may adopt
rules necessary for the administration of juvenile crime prevention programs
and services. [1993 c.676 §5; 1995 c.800 §3; 1997 c.249 §129; 1997 c.707 §30;
1999 c.1053 §6; 2001 c.831 §10b; 2001 c.905 §1; 2003 c.148 §2; 2003 c.293 §4;
2005 c.503 §9; 2009 c.595 §361; 2011 c.545 §51]
417.740 Officers; quorum; meetings.
(1) The Governor shall select a chairperson for the State Commission on
Children and Families who shall be a layperson as defined in ORS 417.730
(6)(b). The state commission shall select one of its members as vice
chairperson. The chairperson and vice chairperson shall serve for such terms
and with such duties and powers as the state commission determines to be
necessary to perform the functions of their offices.
(2)
A majority of the members of the state commission constitutes a quorum for the
transaction of business. The affirmative vote of a majority of the members of
the state commission is required for action by the state commission.
(3)
The state commission shall meet once a month for the first year and then at
least once every three months at a place, day and hour determined by the state
commission. The state commission also shall meet at other times and places
specified by the call of the chairperson or of a majority of the members of the
commission. [1993 c.676 §7]
417.745 Rules.
In accordance with applicable provisions of ORS chapter 183, the State
Commission on Children and Families may adopt rules necessary to administer the
duties of the state commission. [1993 c.676 §8]
417.747 Foster care demonstration
projects. (1) The Department of Human Services,
in consultation with local commissions on children and families, may establish
community-based foster care demonstration projects. The purposes of the
demonstration projects are to:
(a)
Promote strategies that keep abused and neglected children in their familiar
surroundings and neighborhood schools;
(b)
Recruit community volunteers to serve as foster parents for abused and
neglected children who live in the community;
(c)
Identify barriers to recruiting community foster parents and recommend
strategies to address those identified barriers; and
(d)
Create a community-based system of support for foster children and community
foster parents.
(2)
A demonstration project shall be subject to federal requirements and the
restrictions agreed upon between the department and the county where the
demonstration project is located. [1993 c.676 §28(3); 1999 c.1053 §7; 2001
c.189 §1; 2001 c.900 §226]
417.748 [1999
c.1053 §20; 2001 c.831 §5; renumbered 417.728 in 2001]
417.750 Advisory and technical committees;
expenses of committee members. (1) To aid
and advise the State Commission on Children and Families in the performance of
its functions, the state commission may 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.
(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. [1993 c.676 §9;
1999 c.1053 §8]
417.755 [1993
c.676 §10; 1999 c.1053 §10; renumbered 417.707 in 2001]
(Local Commissions on Children and
Families)
417.760 Local commissions; members; staff
director; approval of local plan; revised or amended plans.
(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 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. [1993 c.676 §12; 1999 c.59 §110; 1999 c.1053 §11]
417.765 Qualifications of members; terms.
(1) A majority of 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,
municipal government and the court system.
(2)
Members of the local commission shall be appointed to four-year terms. The
appointing board or boards of county commissioners may appoint a member for
additional terms or may limit the number of terms that a member may serve. [1993
c.676 §13; 1999 c.528 §1; 1999 c.1053 §12]
417.770 Regional commissions appointed
pursuant to intergovernmental agreement. (1) The
boards of county commissioners of contiguous counties that agree to appoint a
regional commission by intergovernmental agreement authorized by ORS chapter
190 shall provide in the agreement for the following:
(a)
The appointment of the chairperson and members of the regional commission in
the manner described in ORS 417.760;
(b)
The adoption of procedures and policies to govern the regional commission,
which adoption may be subject to concurrence by the boards of county
commissioners;
(c)
The hiring and supervision of support staff necessary for the operation of the
regional commission pursuant to ORS 417.760;
(d)
The methods for adoption of a budget for the regional commission, the
expenditure of funds and fiscal operating procedures; and
(e)
Other conditions and procedures necessary for the cooperation of a regional
agency.
(2)
The agreement may require the prior approval of the boards of county
commissioners for the participating counties to transfer a state service and
its funding to the regional commission. [1993 c.676 §13a]
417.775 Purpose and duties of local
commission; local coordinated comprehensive plan; community plan.
(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 local commission on children and families shall promote wellness
for children of all ages and their families in the county or region, if the
families have given their express written consent, mobilize communities and
develop policy and oversee the implementation of a local coordinated
comprehensive plan 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 and tribal-based initiatives for
children who are 18 years of age or younger, including prenatal, and their
families;
(d)
Develop local policies, priorities, outcomes and targets;
(e)
Prioritize activities identified in the local plan and mobilize the community
to take action;
(f)
Prioritize the use of nondedicated resources;
(g)
Monitor implementation of the local plan; and
(h)
Monitor and evaluate the intermediate outcome targets identified in the local
plan that are reviewed under ORS 417.797, and report on the progress in
addressing priorities and achieving outcomes.
(2)(a)
A local commission may not provide direct services for children and their
families.
(b)
Notwithstanding paragraph (a) of this subsection, a local commission may
provide direct services for children and their families for a period not to
exceed six months if:
(A)(i)
The local commission determines that there is an emergency;
(ii)
A provider of services discontinues providing the services in the county or
region; or
(iii)
No provider is able to offer the services in the county or region; and
(B)
The family has given its express written consent.
(3)
The local commission shall lead and coordinate a process to assess needs,
strengths, goals, priorities and strategies, and identify county or regional
outcomes to be achieved. The process shall be in conjunction with other
coordinating bodies for services for children and their families and shall include
representatives of education, mental health services, developmental disability
services, alcohol and drug treatment programs, public health programs, local
child care resource and referral agencies, child care providers, law
enforcement and corrections agencies, private nonprofit entities, local
governments, faith-based organizations, businesses, families, youth and the
local community. The process shall include populations representing the
diversity of the county or region.
(4)
Through the process described in subsection (3) of this section, the local
commission shall coordinate the development of a single local plan for
coordinating community programs, strategies and services for children who are
18 years of age or younger, including prenatal, and their families among
community groups, government agencies, private providers and other parties. The
local plan shall be a comprehensive area-wide service delivery plan for all
services to be provided for children and their families in the county or
region, if the families have given their express written consent. The local
plan shall be designed to achieve state and county or regional outcomes based
on state policies and guidelines and to maintain a level of services consistent
with state and federal requirements.
(5)
The local commission shall prepare the local coordinated comprehensive plan and
applications for funds to implement ORS 417.705 to 417.800 and 419A.170. The
local plan, policies and proposed service delivery systems shall be submitted
to the board or boards of county commissioners for approval prior to submission
to the state commission. The local plan shall be based on identifying the most
effective service delivery system allowing for the continuation of current
public and private programs where appropriate. The local plan shall address
needs, strengths and assets of all children, their families and communities,
including those children and their families at highest risk.
(6)
Subject to the availability of funds:
(a)
The local coordinated comprehensive plan shall include:
(A)
Identification of ways to connect all state and local planning processes
related to services for children and their families into the local coordinated
comprehensive plan to create positive outcomes for children and their families;
and
(B)
Provisions for a continuum of social supports at the community level for
children from the prenatal stage through 18 years of age, and their families,
that takes into account areas of need, service overlap, asset building and
community strengths as outlined in ORS 417.305 (2).
(b)
The local coordinated comprehensive plan shall reference:
(A)
A voluntary local early childhood system plan created pursuant to ORS 417.777;
(B)
Local alcohol and other drug prevention and treatment plans developed pursuant
to ORS 430.242;
(C)
Local service plans, developed pursuant to ORS 430.630, for the delivery of
mental health services for children and their families;
(D)
Local public health plans, developed pursuant to ORS 431.385, that include
public health issues such as prenatal care, immunizations, well-child checkups,
tobacco use, nutrition, teen pregnancy, maternal and child health care and
suicide prevention; and
(E)
The local high-risk juvenile crime prevention plan developed pursuant to ORS 417.855.
(7)
The local coordinated comprehensive plan shall include a list of staff
positions budgeted to support the local commission on children and families.
The list shall indicate the status of each position as a percentage of
full-time equivalency dedicated to the implementation of the local coordinated
comprehensive plan. The county board or boards of commissioners shall be
responsible for providing the level of staff support detailed in the local plan
and shall ensure that funds provided for these purposes are used to carry out
the local plan.
(8)
The local coordinated comprehensive plan shall:
(a)
Improve results by addressing the needs, strengths and assets of all children,
their families and communities in the county or region, including those children
and their families at highest risk;
(b)
Improve results by identifying the methods that work best at the state and
local levels to coordinate resources, reduce paperwork and simplify processes,
including data gathering and planning;
(c)
Be based on local, state and federal resources;
(d)
Be based on proven practices of effectiveness for the specific community;
(e)
Contribute to a voluntary statewide system of formal and informal services and
supports that is provided at the community level, that is integrated in local
communities and that promotes improved outcomes for Oregon’s children;
(f)
Be presented to the citizens in each county for public review, comment and
adjustment;
(g)
Be designed to achieve outcomes based on research-identified proven practices
of effectiveness; and
(h)
Address other issues, local needs or children and family support areas as
determined by the local commission pursuant to ORS 417.735.
(9)
In developing the local coordinated comprehensive plan, the local commission
shall:
(a)
Secure active participation pursuant to subsection (3) of this section;
(b)
Provide for community participation in the planning process, including media
notification;
(c)
Conduct an assessment of the community that identifies needs and strengths;
(d)
Identify opportunities for service integration; and
(e)
Develop a local coordinated comprehensive plan and budget to meet the priority
needs of a county or region.
(10)
The state commission may disapprove the part of the local coordinated comprehensive
plan relating to the planning process required by this section and the
voluntary local early childhood system plan.
(11)(a)
The state commission may disapprove the planning process and the voluntary
local early childhood system plan only upon making specific findings that the
local plan substantially fails to conform to the principles, characteristics
and values identified in ORS 417.708 to 417.725 and 417.735 (4) or that the
local plan fails to conform with the planning process requirements of this
section. The staff of the state commission shall assist the local commission in
remedying the deficiencies in the planning process or the voluntary local early
childhood system plan. The state commission shall set a date by which any
deficient portions of the planning process or the voluntary local early
childhood system plan must be revised and resubmitted to the state commission
by the local commission.
(b)
The state commission does not have approval authority over the following
service plans referenced in the local coordinated comprehensive plan:
(A)
The local alcohol and other drug prevention and treatment plans developed
pursuant to ORS 430.242;
(B)
Local service plans, developed pursuant to ORS 430.630, relating to the
delivery of mental health services;
(C)
Local public health plans developed pursuant to ORS 431.385; and
(D)
Local high-risk juvenile crime prevention plans developed pursuant to ORS
417.855.
(12)
The state commission, the Department of Human Services and the Juvenile Crime
Prevention Advisory Committee may jointly approve the community plan that is
part of the local coordinated comprehensive plan, but may not jointly approve
the service plans that are referenced in the local plan. If the community plan
is disapproved in whole, the agencies shall identify with particularity the
manner in which the community plan is deficient and the service plans may be
implemented. If only part of the community plan is disapproved, the remainder
of the community plan and the service plans may be implemented. The staff of
the agencies shall assist the local commission in remedying the disapproved
portions of the community plan. The agencies shall jointly set a date by which
the deficient portions of the community plan shall be revised and resubmitted
to the agencies by the local commission. In reviewing the community plan, the
agencies shall consider the impact of state and local budget reductions on the
community plan.
(13)
If a local commission determines that the needs of the county or region it
serves differ from those identified by the state commission, it may ask the
state commission to waive specific requirements in its list of children’s
support areas. The process for granting waivers shall be developed by the state
commission prior to the start of the review and approval process for the local
coordinated comprehensive plan described in ORS 417.735 (4) and shall be based
primarily on a determination of whether the absence of a waiver would prevent
the local commission from best meeting the needs of the county or region.
(14)
From time to time, the local commission may amend the local coordinated
comprehensive plan and applications for funds to implement ORS 417.705 to
417.800 and 419A.170. The local commission must amend the local plan to reflect
current community needs, strengths, goals, priorities and strategies.
Amendments become effective upon approval of the board or boards of county
commissioners and the state commission.
(15)
The local commission shall keep an official record of any amendments to the
local coordinated comprehensive plan under subsection (14) of this section.
(16)
The local commission shall provide an opportunity for public and private
contractors to review the components of the local coordinated comprehensive
plan and any amendments to the local plan, to receive notice of any component
that the county or counties intend to provide through a county agency and to
comment publicly to the board or boards of county commissioners if they
disagree with the proposed service delivery plan.
(17)
Alcohol and drug prevention and treatment services included in the local
coordinated comprehensive plan must meet minimum standards adopted by the
Oregon Health Authority under ORS 430.357. [1993 c.676 §14; 1999 c.1053 §13;
2001 c.179 §1; 2001 c.276 §2; 2001 c.831 §11; 2003 c.148 §3; 2003 c.293 §5;
2003 c.553 §3; 2009 c.856 §§7,17; 2011 c.673 §13]
417.777 Local early childhood system plan.
(1) Each local commission on children and families, as part of the local
coordinated comprehensive plan developed under ORS 417.775 for the county or
region, shall lead and coordinate the development of a voluntary local early
childhood system plan that shall focus on the needs of children who are zero
through eight years of age and their families. Local Oregon prekindergarten
programs, early childhood special education programs and early intervention
services shall collaborate and participate with the local commission in the
development and implementation of the voluntary early childhood system plan.
(2)
In the process of developing the voluntary local early childhood system plan, a
local commission shall include parents, youth, community representatives and
representatives of local providers of early childhood services that reflect the
diversity of the county or region, including but not limited to representatives
from:
(a)
Hospitals and the health professions;
(b)
Local interagency coordinating councils;
(c)
Oregon prekindergarten programs;
(d)
Contractors who are designated by the Superintendent of Public Instruction to
be responsible for the administration of early childhood special education and
early intervention services in a service area;
(e)
Community corrections agencies;
(f)
Mental health services;
(g)
County health departments;
(h)
Healthy Start Family Support Services programs;
(i)
Alcohol and drug treatment programs;
(j)
Local child care resource and referral agencies;
(k)
Child care providers;
(L)
Developmental disability services;
(m)
The kindergarten through grade 12 education community;
(n)
Faith-based organizations; and
(o)
Other providers of prenatal and perinatal services.
(3)
A voluntary local early childhood system plan shall:
(a)
Provide for the coordination of early childhood programs by creating a process
to connect children and families with the most appropriate supports;
(b)
Include a description of how the components of the voluntary statewide early
childhood system specified in ORS 417.728 will be implemented in the county or
region;
(c)
Build on existing programs;
(d)
Identify ways to maximize the use of volunteers and other community resources;
and
(e)
Ensure that the diverse populations within a community receive services that
are culturally and gender appropriate.
(4)
Local communities are encouraged to:
(a)
Use private nonprofit organizations to raise community awareness and support
for the voluntary local early childhood system; and
(b)
Involve the medical community to ensure appropriate referrals to services and
supports that are provided through the voluntary local early childhood system. [2001
c.831 §9; 2003 c.293 §6]
417.780 State funds not replacement for
county moneys; waiver for financial hardship. Funds
received by a county or counties from the state to implement ORS 417.705 to
417.800 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. [1993 c.676 §15; 1999 c.1053 §15]
417.785 Local commission as recommended
structure; approved alternative structure allowed.
A local commission is the recommended local structure for implementation of ORS
417.705 to 417.800 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. [1993 c.676 §16; 1999 c.1053 §16]
417.787 Transfer of funds to local commission;
transfer of services. The State Commission on Children
and Families shall:
(1)
Determine when funds for services for children and families not described in
ORS 409.010 (2)(a) 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 for children and families that are not
described in ORS 409.010 (2)(a) and 430.215 are not to be transferred to local
commissions but are to remain state responsibilities. [1993 c.676 §29; 1999
c.1053 §17; 2001 c.900 §227]
(Programs and Services)
417.788 Relief nurseries.
(1) The State Commission on Children and Families shall support relief
nurseries statewide through local commissions on children and families as
funding becomes available. Local commissions may establish relief nurseries for
young children who are at risk and their families. Local commissions in
adjoining counties may choose to establish regional relief nurseries. The relief
nurseries shall:
(a)
Be consistent with the voluntary early childhood system plan that is part of
the local coordinated comprehensive plan; and
(b)
Involve the parents of children served by the relief nurseries.
(2)
Programs at the relief nurseries shall include:
(a)
Therapeutic early childhood education programs; and
(b)
Parent education, training and support.
(3)
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. [1999 c.1053 §22; 2001 c.831 §12]
417.790 Grants for services and
initiatives, Great Start and juvenile services.
The State Commission on Children and Families shall:
(1)
Make grants to local commissions on children and families to fund
research-based services and initiatives to improve outcomes for children, youth
or families. The state commission shall assist counties in the implementation
of community services that are efficient, accountable, coordinated and readily
available. Grants for services and initiatives to support children, youth or
families shall be used at the local level according to the county’s local
coordinated comprehensive plan. These services shall be provided in accordance
with ORS 417.715 and 417.720.
(2)
Make Great Start grants to local commissions on children and families to fund
community-based programs for children who are newborn through eight years of
age. A county or region shall use Great Start grant funds to provide
research-based early childhood programs in community settings and to provide
services that have proven to be successful and that meet the needs of the
community as described in the county’s local coordinated comprehensive plan.
These services shall be provided in accordance with ORS 417.728. [1993 c.676 §31;
2001 c.976 §1]
417.793 Parents-as-teachers programs.
The State Commission on Children and Families shall support parents-as-teachers
programs statewide through local commissions on children and families as
funding becomes available. If a local commission offers a program, the program
shall be part of a comprehensive, research-based approach to parent education
and support. The program shall be consistent with the voluntary early childhood
system plan that is part of the local coordinated comprehensive plan. [2001
c.831 §12b]
417.795 Healthy Start Family Support
Services programs; standards; coordination. (1)
The State Commission on Children and Families established under ORS 417.730
shall establish Healthy Start Family Support Services programs through
contracts entered into by local commissions on children and families in all
counties of this state as funding becomes available.
(2)
These programs shall be nonstigmatizing, voluntary and designed to achieve the
appropriate early childhood benchmarks and shall:
(a)
Ensure that express written consent is obtained from the family prior to any
release of information that is protected by federal or state law and before the
family receives any services;
(b)
Ensure that services are voluntary and that, if a family chooses not to accept
services or ends services, there are no adverse consequences for those
decisions;
(c)
Offer a voluntary comprehensive screening and risk assessment of all newly born
children and their families;
(d)
Ensure that the disclosure of information gathered in conjunction with the
voluntary comprehensive screening and risk assessment of children and their
families is limited pursuant to ORS 417.728 (6) to the following purposes:
(A)
Providing services under the programs to children and families who give their
express written consent;
(B)
Providing statistical data that are not personally identifiable;
(C)
Accomplishing other purposes for which the family has given express written
consent; and
(D)
Meeting the requirements of mandatory state and federal disclosure laws;
(e)
Ensure that risk factors used in the risk assessment are limited to those risk
factors that have been shown by research to be associated with poor outcomes
for children and families;
(f)
Identify, as early as possible, families that would benefit most from the
programs;
(g)
Provide parenting education and support services, including but not limited to
community-based home visiting services and primary health care services;
(h)
Provide other supports, including but not limited to referral to and linking of
community and public services for children and families such as mental health
services, alcohol and drug treatment programs that meet the standards
promulgated by the Oregon Health Authority pursuant to ORS 430.357, child care,
food, housing and transportation;
(i)
Coordinate services for children consistent with the voluntary local early
childhood system plan developed pursuant to ORS 417.777;
(j)
Provide follow-up services and supports from birth through five years of age;
(k)
Integrate data with any common data system for early childhood programs
implemented pursuant to section 7, chapter 831, Oregon Laws 2001;
(L)
Be included in a statewide independent evaluation to document:
(A)
Level of screening and assessment;
(B)
Incidence of child abuse and neglect;
(C)
Change in parenting skills; and
(D)
Rate of child development;
(m)
Be included in a statewide training program in the dynamics of the skills
needed to provide early childhood services, such as assessment and home
visiting; and
(n)
Meet voluntary statewide and local early childhood system quality assurance and
quality improvement standards.
(3)
The Healthy Start Family Support Services programs, local health departments
and other providers of prenatal and perinatal services in counties, as part of
the voluntary local early childhood system, shall:
(a)
Identify existing services and describe and prioritize additional services
necessary for a voluntary home visit system;
(b)
Build on existing programs;
(c)
Maximize the use of volunteers and other community resources that support all
families;
(d)
Target, at a minimum, all first birth families in the county; and
(e)
Ensure that home visiting services provided by local health departments for
children and pregnant women support and are coordinated with local Healthy
Start Family Support Services programs.
(4)
Through a Healthy Start Family Support Services program, a trained family
support worker or nurse shall be assigned to each family assessed as at risk
that consents to receive services through the worker or nurse. The worker or
nurse shall conduct home visits and assist the family in gaining access to
needed services.
(5)
The services required by this section shall be provided by 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 a contract, a local commission may utilize collaborative contracting
or requests for proposals and shall take into consideration the most effective
and consistent service delivery system.
(6)
The family risk assessment and follow-up services for families at risk shall be
provided by trained family support workers or nurses organized in teams
supervised by a manager and including a family services coordinator who is
available to consult.
(7)
Each Healthy Start Family Support Services program shall adopt disciplinary
procedures for family support workers, nurses and other employees of the
program. The procedures shall provide appropriate disciplinary actions for
family support workers, nurses and other employees who violate federal or state
law or the policies of the program. [1993 c.677 §1; 1999 c.1053 §21; 2001 c.831
§14; 2003 c.14 §209; 2005 c.271 §3; 2009 c.595 §362]
(Evaluation of Local Plans)
417.797 Responsibility; requirements;
review of outcomes. (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 intermediate outcomes that measure progress in addressing risk contributors
or developing core supports and competencies and specific tools and data
sources to measure the intermediate outcomes;
(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 measures to evaluate 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 intermediate outcome
targets achieved by local coordinated comprehensive plans in accordance with
ORS 417.735 (3)(c) for the purpose of identifying progress in achieving
outcomes specified in local plans. The Oregon Progress Board shall coordinate
the review with the evaluations conducted according to subsection (1) of this
section. [1999 c.1053 §19; 2003 c.148 §4]
(Runaway and Homeless Youth)
417.799 Runaway and homeless youth; delivery
of services; policies. (1) The Department of Human
Services is responsible for coordinating statewide planning for delivery of
services to runaway and homeless youth and their families.
(2)
The department shall recommend policies that integrate a system of services and
support for runaway and homeless youth into the state’s continuum of care for
children who are 0 through 18 years of age.
(3)
The department may work with the Juvenile Crime Prevention Advisory Committee,
the Employment Department, the Housing and Community Services Department, the
Department of Community Colleges and Workforce Development, the Department of
Education and the Oregon Youth Authority to develop a comprehensive and
coordinated approach for services and support for runaway and homeless youth
and their families.
(4)
In addition to the state agencies listed in subsection (3) of this section, the
department shall include representatives of youth, nonprofit organizations and
statewide coalitions related to runaway and homeless youth services and
supports in the joint process described in subsection (3) of this section.
(5)
The department may enter into and renew contracts with providers for the
provision of services to runaway and homeless youth and their families. [2005
c.495 §2; 2011 c.678 §2]
417.800 Department to coordinate efforts
and make recommendations. The Department of Human Services
shall coordinate the collection of data, provision of technical assistance to
communities for assessing the needs of runaway and homeless youth, and
identification and promotion of the best practices for service delivery, and
shall recommend long term goals to identify and address the underlying causes
of homelessness of youth. [2005 c.495 §3; 2011 c.678 §3]
417.801 [2005
c.495 §5; repealed by 2011 c.678 §1]
(Office of Children’s Advocate)
417.805 Toll-free child abuse hotline.
The Office of Children’s Advocate shall maintain a state toll-free telephone
line to allow the public to:
(1)
Access information and be referred to the appropriate services in matters of
child abuse.
(2)
Voice concerns regarding the actions and conduct of the Department of Human
Services relating to child abuse.
(3)
Have a single place to file complaints concerning the actions and conduct of
the Department of Human Services relating to child abuse. [1993 c.678 §7; 2003
c.591 §3]
417.810 Office of Children’s Advocate
established; appointment; staff. (1) The
Office of Children’s Advocate is established in the Department of Human
Services. The office is under the supervision and control of the Children’s
Advocate, who is responsible for the performance of the duties, functions and
powers of the office. With the concurrence of the Governor, the Director of
Human Services shall appoint the Children’s Advocate and may terminate the
Children’s Advocate.
(2)
Subject to available funds and the applicable provisions of ORS chapter 240,
the Children’s Advocate may hire staff to carry out the duties, functions and
powers of the office and shall prescribe their duties and fix their compensation.
(3)
The Children’s Advocate shall be a person who has background and experience in:
(a)
Law enforcement with particular emphasis on crimes involving child victims; or
(b)
Social work with particular emphasis on child abuse. [1993 c.678 §8; 2003 c.591
§4]
417.815 Duties of office; confidentiality;
protection for person filing complaint. (1) The
Office of Children’s Advocate shall be accessible to the public through the
state toll-free telephone line maintained pursuant to ORS 417.805 and through
other electronic and written forms of communication. The office shall:
(a)
Disseminate information and educate the public about the detection and
prevention of child abuse and about the prosecution of persons accused of child
abuse;
(b)
Cooperate with other units within the Department of Human Services and law
enforcement officials in performing duties under ORS 418.747 and 418.748 and
419B.005 to 419B.050 when the investigation involves alleged child abuse;
(c)
Provide technical assistance in the development and implementation of state and
local programs that relate to child abuse;
(d)
In cooperation with the department, objectively review the department’s systems
for handling child abuse cases; and
(e)
Analyze data collected by the office to discern general patterns and trends,
chronic problems and other systemic difficulties in the detection, reporting,
investigation, prosecution and resolution of cases of child abuse.
(2)
In addition to the duties required under subsection (1) of this section, the
office shall:
(a)
Review any complaint regarding the department’s involvement in a specific child
abuse case, unless the office determines there is an adequate remedy for the
complaint;
(b)
Make any appropriate referrals of the complaint or complainant at the time the
office receives the complaint or during the office’s review process;
(c)
Inform the complainant of the referral of the complaint or any other action
taken by the office on the complaint;
(d)
Inform the department of the office’s intention to review the department’s
action, unless the office determines that advance notice will unduly hinder the
review; and
(e)
Conduct a review of the department’s action when appropriate, and inform the
department of the results of the review, including any recommendation the
Children’s Advocate believes would resolve any case or any systemic issues
identified in the review.
(3)
If the office has knowledge of confidential information relating to a child
involved or allegedly involved in child abuse, the office shall keep the
information confidential from public disclosure. However, the office is subject
to legal mandates in ORS 418.747 and 418.748 and 419B.005 to 419B.050.
(4)
A person who files a complaint under this section or ORS 417.805 or participates
in any investigation under this section may not be, because of that action:
(a)
Subject to any penalties, sanctions or restrictions imposed by the department;
(b)
Subject to any penalties, sanctions or restrictions connected with the person’s
employment; or
(c)
Denied any right, privilege or benefit.
(5)
If deemed necessary by the Children’s Advocate for the purposes of carrying out
the duties of the office, the office may conduct criminal records checks
pursuant to ORS 181.537 on a person through the Law Enforcement Data System
maintained by the Department of State Police. [1993 c.678 §§9,10; 1995 c.79 §211;
2003 c.591 §5; 2005 c.730 §22]
417.825 Portions of certain filing fees
dedicated to office. (1) In addition to any other
fees provided by law, the appropriate agency:
(a)
When birth certificates are registered with the state, shall pay a $1 fee on
each birth certificate registered with the agency.
(b)
That issues birth certificates for the state or a county, shall collect a $1
fee on each birth certificate issued by the agency.
(2)
The agencies paying or collecting the fees described in subsection (1) of this
section shall transfer moneys from the fees imposed by this section to the
State Treasurer for deposit in the Department of Human Services Account
established under ORS 409.060. The moneys deposited under this section are
appropriated continuously to the Department of Human Services for use by the
Office of Children’s Advocate for the administration of ORS 417.805, 417.810
and 417.815. [1993 c.678 §11; 2003 c.591 §6; 2011 c.595 §111]
(Deschutes County Demonstration Project)
417.830 Authority of Deschutes County to
establish demonstration project; plan. (1)
Consistent with the requirements of ORS 417.715 to 417.725, the governing body
of Deschutes County may establish a demonstration project that authorizes the
county to:
(a)
Within the county, assume responsibility for providing or obtaining some or all
services to children and families that primarily focus on the welfare of the
child and that would otherwise be provided or obtained by or through one or
more state agencies with the exception of child protective services as
described in ORS 418.747, 418.748 and 418.746 to 418.796; and
(b)
During the time the county assumes responsibility for the services and
according to the provisions of the intergovernmental agreement by which the
county assumes those responsibilities, receive the moneys available to state
agencies to provide or obtain those services. If the moneys therefor are not
transferred, the county is not required to assume responsibility for the
service.
(2)
In order to exercise authority under subsection (1) of this section, the local
commission appointed under ORS 417.833 shall develop for the governing body of
Deschutes County a plan for assuming the responsibilities described in
subsection (1)(a) of this section. The plan shall establish standards by which
the appropriate state agencies may monitor and assure performance of the
demonstration project. The standards shall not establish requirements for how
the county provides or obtains the service, but shall address expected outcomes
and goals. The plan may provide for the transfer of employees involved in the
services. The provisions of ORS 423.549 shall apply to any transferred
employees of the Department of Corrections and the provisions of ORS 236.605 to
236.640 apply to all other transferred employees.
(3)
The plan shall be submitted to the county governing body and may be submitted
to the presiding judge for the judicial district for approval. No portion of
the plan that relates to the administration, procedures or programs of the
courts shall be submitted to the county governing body without the concurrence
of the presiding judge for the judicial district.
(4)
The plan shall be specific about the services for which the county assumes
responsibility and shall provide measures by which the state can assure that
services are not being diminished from the level provided or obtained by the
state. [1993 c.675 §1; 1995 c.161 §1; 1995 c.781 §48a]
417.833 Appointment of local commission;
duties; staff director. (1) The governing body of the
county shall appoint a chairperson and a minimum of eight members to a local
commission to develop and implement the plan. No member shall be appointed to
the commission whose primary income is derived from either offering direct
service to children and youth or being an administrator for a program for
children and youth. Members of the commission shall be appointed to four-year
terms. A member is eligible for reappointment.
(2)
There shall be a staff director for the local commission. The governing body
shall hire the staff director. The staff director shall be supervised by the
local commission. The staff director shall hire and supervise any other support
staff necessary for operation of the local commission. Such staff shall be
county employees subject to county personnel rules.
(3)
The governing body of the county may include the presiding judge for the
judicial district in the appointment of the chairperson and members of the
local commission, the hiring of the staff director and the approval of the
plan.
(4)
The local commission shall establish a local advisory council to aid and advise
the commission. Affected state, county and local agencies shall participate in
activities of the council and shall identify current delivery systems and
attached resources. [1993 c.675 §2; 1995 c.161 §2; 1995 c.781 §49]
417.836 Intergovernmental agreement;
federal waivers. (1) The governing body of Deschutes
County shall:
(a)
Submit a request for an intergovernmental agreement to each state agency
responsible for the services the county has determined to assume responsibility
to provide or obtain. The request for intergovernmental agreement shall
describe how the county developed the plan and include a proposal for the
intergovernmental agreement. The county shall submit the request to the
administrative head of the appropriate state agency then responsible for the
services for which the county has determined to assume responsibility; and
(b)
Enter into an intergovernmental agreement with the appropriate state agencies
to assume responsibility for the services by implementing the plan developed by
the county. If the county submits a request under this subsection, each state
agency receiving the request shall work in good faith to develop an
intergovernmental agreement to transfer responsibility for such services to the
county and to transfer to the county the moneys available to state agencies to
provide and obtain those services.
(2)
Before the agreement becomes operative, all federal waivers necessary to enable
the state to operate under the agreement without loss of federal funds shall be
obtained. The county and state agencies shall cooperate in obtaining any
necessary federal waivers. [1993 c.675 §3]
417.839 Limitations on county’s authority.
The authority of Deschutes County under ORS 417.830 (1) is subject to the
following limitations:
(1)
Unless specifically authorized by the Superintendent of Public Instruction,
Deschutes County shall not assume responsibility for any services provided or
obtained by the Department of Education.
(2)
Unless specifically authorized by the State Court Administrator, Deschutes
County shall not assume responsibility for any services provided or obtained by
the Judicial Department or any court, division or agency within the Judicial
Department. [1993 c.675 §4; 2001 c.962 §94]
417.842 Reports to Legislative Assembly;
legislative committee to monitor resources, provide forum and advise county.
(1) Deschutes County and any state agency from which the county proposes to
assume responsibility for services under ORS 417.830 to 417.842 shall report to
the appropriate committees of the Legislative Assembly both during the regular
session of the Legislative Assembly and during the legislative interim
concerning the progress of the demonstration project and any problems or
successes of the demonstration project.
(2)
In addition to any other duties the committees might have, the committees to
which the Speaker of the House of Representatives and the President of the
Senate assign the responsibility for monitoring the progress of the
demonstration project under this section shall also:
(a)
Monitor the identification of resources available to be transferred to
Deschutes County when it assumes responsibilities for services under this
section; and
(b)
Provide a forum for presenting and discussing problems that arise between
Deschutes County and state agencies when the county proposes to assume
responsibilities for services under ORS 417.830 to 417.842. When requested by
the county or a state agency during the process of the county’s proposal to
assume responsibilities under ORS 417.830 to 417.842, the committee shall give
advice as to the resolution of any conflict concerning the proposal. [1993
c.675 §5]
JUVENILE CRIME PREVENTION
417.845 Juvenile Crime Prevention Advisory
Committee; membership; chairperson, staffing. (1)
The Juvenile Crime Prevention Advisory Committee is created within the State
Commission on Children and Families.
(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 the Oregon Health Authority or one or more designees of the
director, one of whom has expertise in treatment and prevention of substance
abuse;
(d)
The executive director of the Oregon Criminal Justice Commission or a designee
of the executive director;
(e)
The Superintendent of Public Instruction or a designee of the superintendent;
(f)
The Superintendent of State Police or a designee of the superintendent;
(g)
The Director of the Department of Corrections or a designee of the director;
(h)
One designee of the Governor;
(i)
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;
(j)
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
(k)
One designee of the Chief Justice of the Supreme Court from the Judicial
Department who serves as a nonvoting 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 State Commission on Children and Families shall provide staff support to
the committee.
(8)
Members of the committee who are members of the Legislative Assembly are
entitled to compensation and reimbursement of expenses as provided in ORS
171.072.
(9)
Members of the committee who are not members of the Legislative Assembly are
not entitled to compensation, but may be reimbursed for actual and necessary
travel and other expenses incurred by them in the performance of their official
duties in the manner and amounts provided for in ORS 292.495. Claims for
expenses shall be paid out of funds appropriated to the State Commission on
Children and Families for purposes of the committee. [1999 c.1053 §36; 2001
c.900 §111; 2001 c.904 §8; 2001 c.905 §9; 2005 c.503 §8; 2009 c.595 §363; 2011
c.272 §7]
417.850 Duties of committee.
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 ORS 417.855 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. [1999 c.1053 §38]
417.855 Local high-risk juvenile crime
prevention plan. (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.
(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 State Commission on Children and Families 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 state 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. [1999
c.1053 §39; 2005 c.503 §10]
417.857 Deschutes County; waiver; early
intervention. (1) Deschutes County may place greater
emphasis on early intervention and work with younger children than required by
the Juvenile Crime Prevention Advisory Committee if the county has been granted
a waiver pursuant to this section.
(2)
The Juvenile Crime Prevention Advisory Committee shall develop an objective
process, review criteria and timetable for consideration of a waiver request. A
waiver granted under this section applies to the requirements for basic
services grants described in ORS 417.850 (8) and high-risk juvenile crime
prevention resources managed by the State Commission on Children and Families.
The waiver shall be consistent with the goals of ORS 417.705 to 417.800,
417.850 and 417.855.
(3)
Any documentation required for a waiver under this section shall be obtained to
the greatest extent possible from material contained in the county’s juvenile
crime prevention plan and from material as determined through biennial
intergovernmental agreements. The Juvenile Crime Prevention Advisory Committee
may ask the county to submit additional information regarding how the county
intends to use crime prevention funds under the waiver.
(4)
The Juvenile Crime Prevention Advisory Committee shall grant a waiver or
continue a waiver based on criteria that include:
(a)
The rate of Oregon Youth Authority discretionary bed usage compared to other
counties;
(b)
The county’s rates of first-time juvenile offenders, chronic juvenile offenders
and juvenile recidivism compared to other counties;
(c)
The amount and allocation of expenditures from all funding sources for juvenile
crime prevention, including prevention and early intervention strategies, and
how the requested waiver addresses the needs and priorities for the target
population described in ORS 417.855 and for the target population described in
the waiver;
(d)
Inclusion of prevention or early intervention strategies in the juvenile crime
prevention plan;
(e)
Investments in evidence-based crime prevention programs and practices;
(f)
Support of the local public safety coordinating council, local commission on
children and families and board of county commissioners;
(g)
Local integration practices including citizens, victims, courts, law
enforcement, business and schools;
(h)
Identification of the risk factors for the target population described in the
waiver; and
(i)
Changes in the risk factors for the target population described in the waiver.
(5)
The committee shall review and act on any request for a waiver within 90 days
after receipt of the request.
(6)
The duration of a waiver granted under this section is four years. Before the
expiration of a waiver granted under this section, the county may submit a
request for another waiver. [1999 c.1053 §40; 2005 c.503 §18; 2005 c.517 §1;
2009 c.856 §8]
417.900
[Formerly 417.700; 1995 c.343 §44; repealed by 2007 c.765 §7]
PENALTIES
417.990 Penalty for placement of children
in violation of compact. The sending, bringing, or
causing to be sent or brought into any receiving state of a child in violation
of the terms of the Interstate Compact on the Placement of Children is a Class
A misdemeanor. [1975 c.482 §8]
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