Chapter 1053 Oregon Laws
1999
Session Law
AN ACT
SB 555
Relating to juveniles;
creating new provisions; amending ORS 137.656, 329.155, 329.237, 417.300,
417.305, 417.705, 417.710, 417.730, 417.735, 417.747, 417.750, 417.755,
417.760, 417.765, 417.775, 417.780, 417.785, 417.787, 417.795, 418.191,
418.193, 430.250, 430.255 and 430.257; repealing ORS 417.310, 417.315, 417.320
and 417.325 and sections 41 and 54, chapter 1084, Oregon Laws 1999 (Enrolled
Senate Bill 1127); appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 417.300 is amended to read:
417.300. The purpose of ORS [417.300 to 417.325] 417.305
is to establish a state policy for serving Oregon's children and families, in
recognition that addressing the needs,
strengths and assets of children necessarily requires addressing the needs, strengths and assets of families and communities, and to direct state
agencies to [coordinate state] work in partnership with local communities
to plan, coordinate and provide programs accordingly.
SECTION 2.
ORS 417.305 is amended to read:
417.305. (1) The Legislative Assembly finds and declares that:
(a) Children are our future;
(b) Healthy children and families are of fundamental importance
to the vitality of Oregon;
(c) Children are entitled to safety and health;
(d) All children deserve love, respect and guidelines for
responsible behavior; [and]
(e) Families should be supported and strengthened; and
(f) Communities provide the
context for healthy children and families, and strong families and healthy
communities are interdependent.
(2) The Legislative Assembly recognizes that demands on
families, created in part by changes in family structures and relationships,
intensify the need for Oregon to support children and families toward the goals
of family stability and broader access for children, youth and families to:
(a) The best possible physical and mental health;
(b) Adequate food and safe physical shelter;
(c) A safe and healthy environment;
(d) The highest quality of educational opportunity;
(e) Quality education;
(f) Effective training, apprenticeship and productive
employment;
(g) A range of civic, cultural, educational [and recreational activities which], family support and positive youth
development programs and activities that promote self-esteem, involvement and a sense of community;
(h) Community services [which]
that are efficient, coordinated and
readily available; and
(i) Genuine participation in decisions concerning the planning
and managing of their lives and respect for such decisions.
(3) In the interest of assuring coordination of all children
and family services and education programs provided by or funded by the state
and the effective use of state resources, the state shall:
(a) Develop a plan for appropriating adequate funds;
(b) Develop a cooperative partnership among state agencies that
serve children, youth and families;
(c) Establish state priorities; develop and implement service
standards that reflect a balanced and comprehensive range of services for all
children, youth and families; monitor and evaluate services and [insure] ensure accessibility of services for all children, youth and
families; and
(d) Actively seek the advice of local governmental jurisdictions,
providers of services, educators, the private business sector, citizens and
youth in effecting this subsection.
(4) The Legislative Assembly finds that, in order to fulfill
the purposes of [ORS 417.300 to 417.325] this section, service delivery systems
for children and families shall include:
(a) Cooperative partnerships among state agencies that serve
children, youth and families;
[(b) Family
client-centered service systems described in ORS 417.310 (6)(L);]
[(c)] (b) Methods of accountability to
measure effectiveness of state-funded programs; and
[(d)] (c) Use of public resources for
programs and services that move the state toward meeting the goals described in
subsection (2) of this section and the benchmarks adopted by the Oregon
Progress Board.
SECTION 3.
ORS 417.705 is amended to read:
417.705. As used in ORS 417.705 to 417.790 [and 419A.170,]:
(1) "Community
mobilization" means government and private efforts to increase community
awareness and facilitate the active participation of citizens and organizations
in projects and issues that will have positive impact on the well-being of
children, families and communities.
(2) "Local
commission" means a local commission on children and families established
pursuant to ORS 417.760.
(3) "Local coordinated
comprehensive plan" or "local plan" means a local coordinated
comprehensive plan for children and families that is developed pursuant to ORS
417.775 through a process coordinated and led by a local commission and that is
the single plan for:
(a) Creating positive
outcomes for children and families;
(b) Community mobilization;
and
(c) Coordinating programs,
strategies and services for children who are 0 to 18 years of age and their
families among community groups, government agencies, private providers and
other parties.
(4) "Services for children
and families" does not include [those]
services provided by the Department of Education or school districts that are related to curriculum or instructional
programs.
(5) "State
commission" means the State Commission on Children and Families
established under ORS 417.730.
SECTION 4.
ORS 417.710 is amended to read:
417.710. Subject to the availability of funds therefor and the
specific provisions of ORS 417.705 to 417.790 and 419A.170, it is the purpose
of ORS 417.705 to 417.790 and 419A.170 to:
(1) Authorize the State Commission on Children and Families to
set statewide [policies for services to
children and families and to insure that state and federal funds for such
services are available where the services are needed] guidelines for the planning, coordination and delivery of services for
children and families in conjunction with other state agencies and other
planning bodies;
[(2) Enable the boards of
county commissioners and local commissions on children and families to
supervise local services;]
[(3)] (2) Vest in local commissions on
children and families the authority to distribute state and federal funds allocated to the local commissions to
supervise services or to purchase services [to] for children and
families in the local area and to supervise the development of the local coordinated comprehensive [local] plan for services;
[(4)] (3) [Require] Provide a process
for comprehensive local planning for services [to] for children and
families to provide local services that are consistent with statewide [policies and] guidelines;
[(5)] (4) Retain in the state the
responsibility for funding of services [to] for children and families through a
combination of local, state and federal funding, including the leveraging of
public and private funds available under ORS 417.705 to 417.790 and 419A.170; and
[(6)] (5) Retain state supervision of child
protection and other services that should be uniform throughout the state and
that are necessarily the state's responsibility[; and].
[(7) Provide continuing
service during the transition from the current system of services to a local
system of services so that no lapse in services will occur.]
SECTION 5.
ORS 417.730 is amended to read:
417.730. (1) There is established a State Commission on
Children and Families consisting of:
(a) The Director of the
Department of Human Resources[,];
(b) The Superintendent of
Public Instruction;
(c) One member appointed by
the President of the Senate, who shall be a member of the Senate and who shall
be a nonvoting, advisory member;
(d) One member appointed by
the Speaker of the House of Representatives, who shall be a member of the House
of Representatives and who shall be a nonvoting, advisory member; and
(e) 12 members
appointed by the Governor.
(2) The appointments
made by the Governor shall reflect
the state's diverse populations and regions and shall include representatives
with expertise along the full developmental continuum of a child from the
prenatal stage through 18 years of age.
[(2)] The [appointed] members appointed by the Governor shall include:
(a) One representative from the Oregon Juvenile Department
Director's Association, from which the Governor may solicit suggestions for
appointment;
(b) Six public members who have demonstrated interest in
children, with consideration given to a youth member and persons from the
education community;
(c) Two members from local commissions on children and
families, one from a rural area and one from an urban area;
(d) One social service professional; and
(e) Two members from the business community who have
demonstrated interest in children.
(3) The term of office of each [appointed] member appointed
by the Governor is four years. Before the expiration of the term of an
appointed member, the Governor shall appoint a successor whose term begins on
October 1. An appointed member is eligible for reappointment. If there is a
vacancy in an appointed position for any cause, the Governor shall make an
appointment to become immediately effective for the unexpired term.
(4) The appointments by the Governor to the state commission
are subject to confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565.
(5) An appointed member of the state commission who is not a member of the Legislative
Assembly is entitled to compensation and expenses as provided in ORS
292.495. Members who are members of the
Legislative Assembly shall be paid compensation and expense reimbursement as
provided in ORS 171.072, payable from funds appropriated to the Legislative
Assembly.
(6)(a) The majority of the members of the state commission
shall be laypersons.
(b) As used in this subsection, "layperson" means a
person whose primary income is not derived from either offering direct service
to children and youth or being an administrator for a program for children and
youth.
SECTION 6.
ORS 417.735 is amended to read:
417.735. (1) The State Commission on Children and Families
shall promote the wellness of children and families at the state level and
shall act in accordance with the principles, characteristics and values
identified in ORS 417.710 to 417.725. The state commission shall provide no
direct services[, but shall be
responsible for statewide planning, standards setting and policy development
for services to children and families provided by the local commissions].
(2) Funds for local commissions shall consist of payments from
moneys appropriated therefor to the State Commission on Children and Families
by the Legislative Assembly. The state commission shall develop an equitable
formula for the distribution of funds to counties or regions for services [to]
for children and families, and a minimum annual grant shall be provided to
each county or region.
(3) The state commission shall:
(a) [Adopt goals and
priorities for serving children and families;] Set guidelines for the planning, coordination and delivery of services
by local commissions in partnership with other planning bodies and agencies
providing services for children and families. The guidelines shall be
consistent with the key elements of the service system developed and
implemented under ORS 417.705 to 417.790. In conjunction with other planning
bodies and agencies providing social supports, the state commission shall use
the local coordinated comprehensive plans to advise agencies, the Legislative
Assembly and the Governor;
[(b) Determine which
services, excluding those identified in ORS 409.190 and 430.215, may be
transferred to the local commissions on children and families based on
consultation with appropriate state agencies and each local commission during
its planning process. Responsibility for services to children and families
shall be transferred to a local commission at the request of the board or boards
of county commissioners of a county or region and after a finding by the state
commission that the county or region has a comprehensive and competent plan for
delivery of services that focuses on prevention and is integrated with all
services to children and families;]
[(c) Be responsible for
statewide planning, outcome standard setting and policy development for service
to children and families in consultation with appropriate state and local
agencies and local commissions;]
[(d)] (b) Advise the Legislative Assembly
and the Governor concerning possible solutions to problems facing children and
families;
(c) In conjunction with
the Oregon Progress Board and in consultation with other agencies, identify
outcomes and interim indicators relating to children and families consistent
with the Oregon benchmarks and shall monitor the progress of local coordinated
comprehensive plans in meeting identified outcomes;
[(e) Identify outcomes
relating to children and families for incorporation in the Oregon benchmarks;]
(d) Encourage the
development of innovative projects, based on proven practices of effectiveness,
that benefit children and families;
[(f) Determine a list of
children's support areas that local commissions must address and ensure that
each local plan identifies which entities will be responsible for implementing
segments of the plan;]
[(g) Review and approve
or deny local plans after a review and comment period and following a public
hearing;]
[(h)] (e) Ensure that all services for
children and families are integrated and evaluated according to their outcomes;
(f) Compile, analyze and
distribute information that informs and supports statewide coordinated
planning;
[(i) By January 1, 1995,
recommend to the Legislative Assembly what additional proposals of "A
Positive Future for Oregon's Children and Families" by the 1991-1992
Oregon Children's Care Team Interim Task Force should be undertaken;]
[(j) By January 1, 2000,
implement other recommendations of "A Positive Future for Oregon's
Children and Families";]
[(k)] (g) Establish a uniform system of
reporting and collecting statistical data from counties and other agencies
serving children and families;
[(L) In conjunction with
the Department of Human Resources, educate, inform and give technical
assistance to local commissions about federal and state laws, regulations and
rules, and changes therein, governing the use of federal and state funds; and]
(h) Provide a process
whereby the Department of Human Resources, Juvenile Crime Prevention Advisory
Committee, Oregon Youth Authority, Department of Education, Office of Community
College Services, Housing and Community Services Department and Economic
Development Department review all findings from data collected by the local
commissions through the local coordinated comprehensive plans. The information
gathered in this review shall be considered by those agencies in designing
future economic resources and services and in the coordination of services;
[(m)] (i) Make recommendations to the
Commission for Child Care for the development of the state's biennial child
care plan; and
(j) Communicate information
and policy advice on current research and proven practices of effectiveness,
from both inside and outside the state, including successful local strategies,
to local commissions, the Governor, the Legislative Assembly, state agencies
and the public. The information shall include progress in meeting outcomes
identified in the local coordinated comprehensive plans.
(4)(a) The state
commission shall develop a review and approval process for local coordinated
comprehensive plans that includes:
(A) A requirement that the
local plan has been approved by the board or boards of county commissioners;
(B) Assurance that the local
plan meets essential criteria and approval required by appropriate entities and
meets appropriate systems and planning connections; and
(C) Review of state
expenditures of resources allocated to the local commissions on children and
families.
(b) The state commission
shall develop the process under this subsection in consultation with other
entities involved in the review and approval process.
(c) The state commission
shall act on any waiver request from a local commission within 90 days after
receipt of the request.
(d) The state commission may
disapprove a local plan for failure to address the elements described in
paragraph (a) of this subsection within 90 days after receipt of the request.
[(4)] (5) The state commission, in
coordination with the local commissions on children and families, shall:
(a) Assist the local commissions in the development and
implementation of performance and outcome criteria for evaluating services at
the local level;
(b) Monitor the progress in meeting criteria in the local coordinated comprehensive plans;
[(c) In coordination with
the Department of Human Resources or other appropriate state agency, provide
technical assistance to the local commissions in developing the capacity needed
to offer all services funded in the approved local plan;]
(c) In conjunction with
the Department of Human Resources and using the staff resources and other
resources of the state commission, educate, inform and provide technical
assistance to local commissions, including but not limited to technical
assistance with:
(A) Federal and state laws,
regulations and rules, and changes therein, governing the use of federal and
state funds;
(B) Facilitation;
(C) Planning;
(D) Policy development;
(E) Proven practices of
effectiveness;
(F) Local systems
development;
(G) Community problem
solving and mobilization; and
(H) Other services, as
appropriate;
(d) Conduct research and disseminate information to local
commissions on children and families;
(e) Negotiate federal waivers in consultation with the
Department of Human Resources; and
[(f) Transfer state and
federal funds to the local commission upon approval of its local plan. In those
cases where two or more counties have combined to deliver services, the
counties shall not receive less as a group than they would have received if
each county had participated separately; and]
[(g)] (f) Develop a process for reviewing
requests for waivers from requirements of the state commission. Requests for
waivers shall be granted or denied as a part of the [plan] approval process for a
local coordinated comprehensive plan.
The state commission shall not grant a request for waiver that allows funds to
be used for any purpose other than early childhood prevention, intervention and
treatment programs.
[(5)] (6) The state commission shall employ
a staff director who shall be responsible for hiring and supervising any
additional personnel necessary to assist the state commission in performing its
duties. [The staff director shall
represent the state commission on the Oregon Coordinating Council for Children
and Families.] The staff director shall be responsible for management
functions of the state commission subject to policy direction by the state
commission.
[(6)] (7) To the extent that federal funding
is not jeopardized, the State Commission on Children and Families shall enter
into an interagency agreement with the Department of Human Resources in which
they agree on a system to:
(a) Distribute all Title XX Social Services Block Grant funds [on and after July 1, 1995];
(b) Ensure that federal and state requirements are met for
federal funds administered by the state commission; and
(c) Carry out the necessary auditing, monitoring and
information requirements for federal funds distributed by the state commission.
[(7)] (8) In addition to the authority under
subsection [(4)(f)] (5)(e) of this section, the state
commission may direct the Department of Human Resources or the appropriate
state department providing services for children and families[, as defined in ORS 417.705,] to
negotiate federal waivers. If the Department of Human Resources or any other
state agency does not pursue a federal waiver recommended by the state
commission, the state commission may ask the Governor to direct the Department
of Human Resources or other state agency to apply for and negotiate the waiver.
[(8)] (9) If the Department of Human
Resources or any other state agency refuses to distribute state or federal
funds as requested by the state commission, the state commission may ask the
Governor to direct the Department of Human Resources or other state agency to
distribute the funds.
[(9)] (10) The programs shall be funded as
fully as possible by Title XX of the federal Social Security Act, consistent
with the terms and conditions of the block grant program and the local coordinated comprehensive plans that
reflect community priorities established by the local planning process.
[(10)] (11) In conjunction with the
Department of Human Resources, the state commission, as soon as possible, shall
develop a plan to re-engineer and integrate the data processing systems related
to children's programs with the objective of making management information more
accessible. The state commission shall make regular presentations to the Joint
Legislative Committee on Information Management and Technology on its progress
in developing and implementing the plan.
[(11)] (12) Before each regular session of
the Legislative Assembly, the state commission shall report, to the Governor and to the appropriate joint interim committee as
determined by the Speaker of the House of Representatives and the President of
the Senate, the following:
(a) Any additional
proposals contained in "A Positive Future for Oregon's Children and
Families" by the 1991-1992 Oregon Children's Care Team Interim Task Force
that should be undertaken;
[(a)] (b) The status in all counties of [the
children's service system in all counties] local service systems related to the health and wellness of children
and the adequacy of financial resources to deliver services;
[(b)] (c) The progress in [service areas provided by the state] achieving desired outcomes, including but
not limited to the benchmarks established by the Oregon Progress Board and the
statewide guidelines set by the state commission under ORS 417.710 (1);
[(c) Services identified
for funding at or transfer to the local level;]
[(d) Services identified
to stay at the state level; and]
[(e) The status of
integration of service delivery for children and families with the Department
of Education.]
(d) Barriers to
achieving outcomes and benchmarks;
(e) Proposed solutions to
barriers identified under paragraph (d) of this subsection, including proven,
effective and innovative strategies; and
(f) County and community
mobilization to increase public awareness and involvement and funding of
community determined priorities.
[(12) If it is necessary
for any interagency agreements to be executed between the Department of Human
Resources and the State Office for Services to Children and Families, the
agreements shall be executed no later than July 1, 1995.]
(13)(a) The state commission may solicit, accept and receive
federal moneys or moneys or other property from persons or corporations, public
or private, for the purpose of carrying out the provisions of ORS 417.705 to
417.790 and 419A.170.
(b) All federal moneys collected or received under paragraph
(a) of this subsection shall be accepted and transferred or expended by the
state commission upon such terms and conditions as are prescribed by the
Federal Government.
(c) All moneys and other property accepted by the state
commission under this subsection shall be transferred, expended or used upon
such terms and conditions as are prescribed by the donor in a manner consistent
with applicable law.
[(14)(a) The state
commission shall administer a public information program for families in
conflict. In conjunction with the Dispute Resolution Commission, the state
commission shall develop materials explaining community services that are
available to families in conflict. The materials shall include, but need not be
limited to:]
[(A) Public service
announcements and videos;]
[(B) Explanations on the
availability of, and procedures for, dispute resolution; and]
[(C) A packet of
information that would include, at a minimum, information about:]
[(i) Child support
guidelines;]
[(ii) Parenting time and
visitation guidelines in use in the particular court;]
[(iii) The availability
of publicly funded child support services; and]
[(iv) The openness of
discovery exchange.]
[(b) The state commission
shall make the information referred to in paragraph (a)(B) and (C) of this
subsection available at courthouses, state and local government offices that
provide services to children and families and other public places as
appropriate. The court shall provide the packet of information to persons
filing a dissolution or other domestic relations action.]
SECTION 7.
ORS 417.747 is amended to read:
417.747. Notwithstanding ORS 409.190, beginning on August 18,
1993, the department and the state commission may agree to establish pilot
programs in counties that are capable of handling the program to administer
foster care programs under the department's jurisdiction. The pilot program
must be accepted by the board of county commissioners in the [comprehensive] local coordinated comprehensive plan. The
pilot program shall be subject to federal requirements and the restrictions
agreed upon between the department and the county where the pilot program is
located.
SECTION 8.
ORS 417.750 is amended to read:
417.750. [(1) The Oregon
Coordinating Council for Children and Families shall serve as a resource for
technical support to the State Commission on Children and Families and shall
advise the state commission on program operations and service integration.]
[(2)] (1) To [further] aid and advise the State Commission on Children and Families in the performance of its functions, the
state commission may establish such advisory and technical committees as it
considers necessary. The state commission shall determine the representation,
membership, terms and organization of the committees and shall appoint the
members. The advisory and technical
committees shall include members of local commissions on children and families.
[(3)] (2) Members of committees are not
entitled to compensation, but at the discretion of the state commission may be
reimbursed from funds available to the state commission for actual and
necessary travel and other expenses incurred in the performance of their
official duties, subject to ORS 292.495.
SECTION 9. On the effective date of this 1999 Act, the
Oregon Coordinating Council for Children and Families is abolished.
SECTION 10.
ORS 417.755 is amended to read:
417.755. The purpose of ORS 417.705 to 417.790 and 419A.170, as
described in ORS 417.710 to 417.725, shall be implemented by all state agencies
providing services for children and families[, except as described in ORS 417.705,] to guide the providing of
those services.
SECTION 11.
ORS 417.760 is amended to read:
417.760. (1) The board of county commissioners of a county or
the boards of county commissioners of contiguous counties that agree to appoint
a regional commission:
(a) Shall appoint a chairperson and a minimum of eight members
to a local commission [for] on children and families in the manner
described in ORS 417.765.
(b) Shall appoint a local staff director. The staff director
shall hire and supervise any other support staff necessary for operation of the
local commission. The staff director and staff are subject to county personnel
policies and other administration policies and ordinances. The staff director
shall be responsible for all management functions of the local commission.
(c) Must approve the local coordinated
comprehensive plan before it may be submitted to the State Commission on
Children and Families. If the local plan has been revised or is amended, the
revised or amended local plan must
be submitted to the board or boards for approval before it is submitted to the
state commission.
(2) The board or boards of county commissioners must approve
any transfer of responsibility for a state service and its funding to a local
commission.
(3) Funds payable to implement local coordinated comprehensive plans shall be paid to the county. The board
or boards of county commissioners are responsible for the expenditure of such
funds subject to county budget and fiscal operating procedures.
SECTION 12.
ORS 417.765 is amended to read:
417.765. (1) A majority of [the] a local commission on children and families, including the
chairperson, shall be laypersons as defined in ORS 417.730 (6)(b). Appointments
to the local commission shall reflect the county's or counties' diverse
populations and shall reflect expertise along the full spectrum of developmental
stages of a child, from the prenatal stage through 18 years of age. Members
shall include persons who have knowledge of the issues relating to children and
families in the affected communities, including education and the court system.
(2) Members of the local commission shall be appointed to
four-year terms. [However,] The
appointing board or boards of county commissioners [shall establish staggered terms for the persons initially appointed to
the local commission. A member is eligible to be appointed for not more than
two consecutive terms] may appoint a
member for additional terms or may limit the number of terms that a member may
serve.
SECTION 13.
ORS 417.775 is amended to read:
417.775. (1) Under the
direction of the board or boards of county commissioners, and in conjunction
with the guidelines set by the State Commission on Children and Families,
the main [purpose of the] purposes of a local commission on children and families are [is] to promote wellness for the children
and families in the county or region, to
mobilize communities and to develop policy and oversee the implementation
of [the] a local coordinated
comprehensive plan [developed to
achieve the outcomes outlined in subsection (2) of this section] described in this section. A local commission shall:
(a) Inform and involve
citizens;
(b) Identify and map the
range of resources in the community;
(c) Plan, advocate and fund
research-based initiatives for children who are 0 to 18 years of age and their
families;
(d) Develop local policies,
priorities and measurable outcomes;
(e) Prioritize activities
identified in the local plan and mobilize the community to take action;
(f) Prioritize the use of
nondedicated resources;
(g) Monitor implementation
of the local plan; and
(h) Monitor progress of and
evaluate the outcomes identified in the local plan that are reviewed under
section 19 of this 1999 Act, and report on the progress in addressing
priorities and achieving outcomes.
(2) The local commission shall lead and coordinate a process to assess needs and identify county
or regional outcomes to be achieved. The
process shall be in conjunction with other coordinating bodies for services for
children and families, including entities, governments, community groups,
education representatives, organizations, youths and citizens. The process
shall include populations representing a diversity of the county or region.
(3) Through the process
described in subsection (2) of this section, the local commission [It] shall develop and prepare a single local plan for coordinating programs, strategies and services
for children who are 0 to 18 years of age and their families among community
groups, government agencies, private providers and other parties. The local
plan shall be a comprehensive area-wide service delivery plan [for each biennium] for all services to
be provided for children and families in the county or region [during the biennium]. The local plan
shall be designed to achieve state and county or regional outcomes, including
the Oregon benchmarks, based on state policies
and guidelines and to maintain a level of services consistent with state
and federal requirements.
[(3)] (4) The local commission shall prepare
the [county or regional] local coordinated comprehensive plan
and [application] applications for funds to implement ORS 417.705 to 417.790 and
419A.170. The [plans] local plan, policies and proposed
service delivery systems shall be submitted to the board or boards of county
commissioners for approval prior to submission to the state commission. The [county or regional] local plan shall be based on identifying the most effective
service delivery system allowing for the continuation of current public and
private programs where appropriate. [The
local commission shall monitor progress of key outcomes related to the county
or regional plan] The local plan
shall address needs, strengths and assets of all children, families and
communities, including those children and families at highest risk.
[(4)] (5) The local coordinated comprehensive plan shall include:
(a) Subject to the availability of funds:
[(A) Consideration of
prenatal and postnatal screening, assessment and referral to the appropriate
services for at-risk children and families, including home visitations and
health care, to promote the wellness of the child at the earliest possible time
and also include consideration of crisis nurseries; and]
(A) Identification of
ways to connect all state and local planning processes related to services for
children and families into the local coordinated comprehensive plan to create
positive outcomes for children and families;
[(B) Services to children
who are newborn through 18 years of age and their families; and]
(B) Provisions for a
continuum of social supports at the community level for children from the
prenatal stage through 18 years of age, and their families, that takes into
account areas of need, service overlap, asset building and community strengths
as outlined in ORS 417.305 (2);
(C) An early childhood
system plan created pursuant to section 20 of this 1999 Act;
(D) Local alcohol and other
drug prevention and treatment plans developed pursuant to section 31 of this
1999 Act; and
(E) The local high-risk
juvenile crime prevention plan developed pursuant to section 39 of this 1999
Act; and
(b) A list of staff positions budgeted to support the local
commission on children and families. The list shall indicate the status of each
position as a percentage of full-time equivalency dedicated to the
implementation of the local coordinated
comprehensive plan. The county board or boards of commissioners shall be
responsible for providing the level of staff support detailed in the local plan and shall [insure] ensure that funds provided for these purposes are used [exclusively] to carry out the local plan.
[(5)] (6) The local coordinated comprehensive plan shall [be based on]:
[(a) Children's support
areas;]
[(b) Local needs and
desired outcomes;]
(a) Improve results by
addressing the needs, strengths and assets of all children, families and
communities in the county or region, including those children and families at
highest risk;
(b) Improve results by
identifying the methods that work best at the state and local levels to
coordinate resources, reduce paperwork and simplify processes, including data
gathering and planning;
(c) Be based on
local, state and federal resources;
(d) Be based on [best] proven practices of
effectiveness for the specific community; [and]
[(e) Continuation of
current public and private services where appropriate.]
(e) Contribute to a
statewide system of formal and informal services and supports that is provided
at the community level, that is integrated in local communities and that
promotes improved outcomes for Oregon's children;
(f) Be presented to the
citizens in each county for public review, comment and adjustment;
(g) Be designed to achieve
outcomes based on research-identified proven practices of effectiveness; and
(h) Address other issues,
local needs or children and family support areas as determined by the local
commission pursuant to ORS 417.735.
[(6)] (7) In developing the local coordinated comprehensive plan, the
local commission shall:
(a) Secure [the]
active participation [of local and state
service providers, educators, courts, representatives of advisory groups and
other groups planning for the delivery of services to children and families,
consumers, juvenile justice professionals, child and family advocates, business
leaders, citizen review boards, churches, populations representing a diversity
of genders, cultures, orientations and disabilities of the county or region,
and other private organizations and citizens] pursuant to subsection (2) of this section;
(b) Provide for community participation in the planning
process, including media notification;
(c) Conduct an assessment of the community that identifies
needs and strengths;
(d) Identify opportunities for service integration; and
(e) Develop a local
coordinated comprehensive plan and budget to meet the priority needs of a
county or region.[;]
[(f) Inform the citizenry
about the contents of the plan and provide for a public review and comment
period; and]
[(g) Develop a method for
evaluating service outcomes.]
[(7)] (8) The State Commission on Children
and Families may disapprove a local coordinated
comprehensive plan in whole or in part only upon making specific findings
that the local plan substantially fails to conform to the principles,
characteristics and values identified in ORS 417.710 to 417.725 and 417.735 (4). If the state
commission disapproves a local plan in whole, the state commission shall
identify with particularity the manner in which the local plan is deficient. If
the state commission disapproves only part of the local plan, the remainder of the local plan may be implemented. The staff of the state commission
shall assist in remedying the deficiencies in the local plan. The state
commission shall set a date by which the local plan or the deficient portion
thereof shall be revised and resubmitted.
[(8)] (9) If a local commission determines
that the needs of the county or region it serves differ from those identified
by the state commission, it may ask the state commission to waive specific
requirements in its list of children's support areas. The process for granting
waivers shall be developed by the state commission prior to the start of the [plan] review and approval process for
the local coordinated comprehensive plan described in ORS 417.735 (4) and
shall be based primarily on a determination of whether the absence of a waiver
would prevent the local commission from best meeting the needs of the county or
region.
[(9)] (10) From time to time, the local
commission may amend the local coordinated
comprehensive plan [plans] and
applications for funds to implement ORS 417.705 to 417.790 and 419A.170 upon
approval of the board or boards of county commissioners and the State
Commission on Children and Families.
[(10)] (11) The local commission shall provide
an opportunity for public and private contractors to review the components of
the local coordinated comprehensive
plan, to receive notice of any component that the county [intends] or counties intend
to provide through a county agency and to comment publicly to the [county board of] board or boards of county commissioners if they disagree with the
proposed service delivery plan.
SECTION 14. For
the purpose of harmonizing and clarifying statute sections published in Oregon
Revised Statutes, the Legislative Counsel may substitute for words designating
the "comprehensive local plan," "local comprehensive plan"
or "comprehensive plan" in reference to a local plan developed
pursuant to ORS 417.775, wherever they occur in Oregon Revised Statutes, other
words designating the "local coordinated comprehensive plan."
SECTION 15.
ORS 417.780 is amended to read:
417.780. Funds received by a county or counties from the state
to implement ORS 417.705 to 417.790 and 419A.170 shall not be used to replace
county general fund moneys, other than federal or state funds, currently being
used by the county for existing programs for children and youth. However, in
case of severe financial hardship demonstrated by a county or counties, the
State Commission on Children and Families may waive the requirements of this
section in approving the local coordinated
comprehensive plan.
SECTION 16.
ORS 417.785 is amended to read:
417.785. A local commission is the recommended local structure
for implementation of ORS 417.705 to 417.790 and 419A.170. However, a county or
counties may elect to offer another structure but shall submit only one local coordinated comprehensive plan. The
alternative structure must be approved by the State Commission on Children and
Families.
SECTION 17.
ORS 417.787 is amended to read:
417.787. [Effective July
1, 1995,] The State Commission on Children and Families shall:
(1) Determine when funds for services [to] for children and
families not described in ORS 409.190 and 430.215 are to be transferred to the
local commission. If a local commission with an approved local coordinated comprehensive plan requests a transfer, the state
commission shall determine whether funds can be transferred.
(2) Determine which, if any, services [to] for children and
families that are not described in ORS 409.190 and 430.215 are not to be
transferred to local commissions but are to remain state responsibilities.
SECTION 18. ORS 417.795 and sections 19, 20, 22, 23, 24
and 25 of this 1999 Act are added to and made a part of ORS 417.705 to 417.790.
SECTION 19. (1) Each state agency or other entity that
is responsible for a component of the local coordinated comprehensive plan
shall ensure that a biennial evaluation of the plan component is conducted
according to a consistent framework. The program evaluation shall include:
(a) An identified goal and
associated Oregon benchmarks;
(b) Proven practices of
effectiveness and related Oregon data;
(c) A target population and
a description of local service systems that may be used in identifying,
screening, recruiting and serving the target population;
(d) Specific interim
indicators that measure progress in addressing risk contributors or developing
core supports and competencies and specific tools to measure the indicators;
(e) Baseline data about the
incidence of risk and asset and support factors with the goal of measuring
change over time, including an assessment of local need;
(f) Measures of fiscal
accountability;
(g) Identified roles and
responsibilities for state agencies and local partners and performance
indicators to measure effectiveness in agreed-upon roles; and
(h) Measures of the change
in coordination among service providers and programs as a result of the local
plan, including increases in access to services.
(2) The State Commission on
Children and Families shall disclose the results of the evaluations to any
person upon request.
(3) The Oregon Progress
Board shall conduct a review of the outcomes achieved by local coordinated
comprehensive plans in accordance with ORS 417.735 (3)(c) for the purpose of
identifying success in achieving targets specified in local plans. The Oregon
Progress Board shall coordinate the review with the evaluations conducted
according to subsection (1) of this section.
SECTION 20. (1) The State Commission on Children and
Families, in consultation with the Department of Education, the Board of
Trustees of the Children's Trust Fund, the Department of Human Resources and
other state and local providers of early childhood development services, shall
establish the policies necessary for a statewide early childhood system that
shall be incorporated into the local coordinated comprehensive plan.
(2) The system shall be
designed to achieve the appropriate Early Childhood Benchmarks and shall:
(a) Consolidate
administrative functions, to the extent practicable, including but not limited
to training and technical assistance, data systems, data collection, planning
and budgeting;
(b) Identify existing
prenatal and perinatal services and other early childhood services for children
from birth through eight years of age;
(c) Coordinate existing and
new early childhood programs to provide a range of community-based supports;
(d) Provide for the
coordination of early childhood programs by creating a multidisciplinary
process to connect children and families with the most appropriate supports to
address identified needs; and
(e) Identify how the early
childhood system for children who are prenatal through eight years of age will
link with systems of support for older children and their families.
SECTION 21.
ORS 417.795 is amended to read:
417.795. (1) The State Commission on Children and Families
established under ORS 417.730 shall establish [four] Healthy Start Family Support Services [pilot] programs provided through local commissions on children and
families in all counties of this state
as[. The state commission may
authorize the programs on a statewide basis if] funding becomes available.
(2) These programs shall be designed to achieve the appropriate
Early Childhood Benchmarks and shall:
(a) Provide a comprehensive risk assessment of all newly born
children and their families;
(b) Identify families that would benefit most from the
programs;
(c) Provide support services, including but not limited to
community-based home visiting intervention services and primary health care
services;
(d) Provide other supports, including but not limited to
referral and coordination of community and public services for children and
families such as counseling, child care, food, housing and transportation;
(e) Coordinate services for children;
(f) Provide follow-up services and supports from birth through
five years of age;
(g) Establish a data system to document:
(A) Level of screening and assessment;
(B) Profile of risk and family demographics;
(C) Incidence of child abuse and neglect;
(D) Change in stress-coping and managing skills; and
(E) Rate of child development; and
(h) Establish a training program in the dynamics of the skills
needed to provide these services, such as assessment and home visiting.
(3) The local commission [on
children and families], the health department[,] and other providers of prenatal and perinatal services in [participating] counties shall jointly
develop an amendment to the local coordinated
comprehensive plan that shall [provide
the following]:
(a) Identify existing perinatal services and describe and
prioritize additional services necessary for a voluntary perinatal home visit
system;
(b) Build on existing perinatal programs;
(c) Identify ways to maximize the use of paraprofessionals,
volunteers and other community resources; and
(d) Target, at a minimum, all first birth families in the
county.
(4) The local commission [on
children and families established under ORS 417.760], according to the
portion of the [comprehensive] local
plan dealing with the [pilot project] Healthy Start Family Support Services
program, shall cause a family support worker to be assigned to each family
assessed as at risk that consents to receive services through the worker. The
worker shall conduct home visits and assist the family in gaining access to
needed services.
(5) The services required by this section shall be provided
through requests for proposals from hospitals, public or private entities or
organizations, or any combination thereof, capable of providing all or part of
the family risk assessment and the follow-up services. In granting the
contract, the local commission shall take into consideration the most effective
and consistent service delivery system allowing for the continuation of current
public and private programs where appropriate.
(6) The family risk assessment and follow-up services for
families at risk shall be provided by paraprofessional family support workers
organized in teams supervised by a manager and including a family services
coordinator who is available to consult.
(7)(a) A county or group
of counties may request a waiver from the state commission of requirements of
the Healthy Start Family Support Services program and may apply to the state
commission to use funds from the program for alternative early childhood
programs that address the requirements of this section.
(b) A waiver request may be
approved by a majority vote of the state commission sitting at a regular
meeting. The state commission may approve a waiver request if the state
commission determines that the waiver application demonstrates improvement of a
specific outcome or combination of outcomes that would have been obtained
without a waiver and demonstrates that the alternative program meets the
requirements of this section.
(c) The state commission
shall approve or reject a waiver request within 90 days after receiving the
request.
SECTION 22. (1) Local commissions on children and
families may establish relief nurseries for young children who are at risk and
their families. The relief nurseries shall involve the parents of children
served by the relief nurseries. Programs at the relief nurseries shall include:
(a) Therapeutic early
childhood education programs; and
(b) Parent education,
training and support.
(2) Each relief nursery that
receives state funding shall have financial support from the community that is
at least equal to 25 percent of any state allocation.
SECTION 23. In addition to any relief nurseries that
exist on the effective date of this 1999 Act, during the 1999-2001 biennium,
the State Commission on Children and Families may select two additional local
commissions on children and families to establish relief nurseries that are
consistent with section 22 of this 1999 Act. The additional relief nurseries
must be a provision of the approved local coordinated comprehensive plan prior
to being established.
SECTION 24. In addition to the family resource centers
created as demonstration sites pursuant to section 1, chapter 760, Oregon Laws
1997, during the 1999-2001 biennium, the State Commission on Children and
Families shall encourage the development of other family resource centers by
local commissions on children and families that are consistent with ORS 417.725
and the local coordinated comprehensive plan. Family resource centers that are
established pursuant to this section shall:
(1) Involve parents in the
care and education of their children;
(2) Involve the local
community in developing and overseeing family resource center programs; and
(3) Incorporate the
principles of family support services described in ORS 417.342.
SECTION 25. During the 1999-2001 biennium, the State
Commission on Children and Families shall expand the First Step violence
prevention program for kindergarten children at risk for conduct disorders,
their parents and teachers. The state commission, in conjunction with the
University of Oregon Institute on Violence and Destructive Behavior, shall
select additional local commissions on children and families to establish First
Step violence prevention programs.
SECTION 26.
ORS 329.155 is amended to read:
329.155. (1) State
agencies that administer education programs
and other programs [providing] that provide services [to]
for children and families[, as
identified in ORS 417.315 (4),] shall:
(a) Evaluate the effectiveness of the program as related to the
principles stated in ORS 329.025 and 417.305 in the earliest stages of the
budget process, including components
within programs as appropriate;
(b) Articulate ways in which the program is an effective
component of agency and state priorities, goals and strategies, such as those
developed by the Oregon Progress Board, or to relevant research and
professional standards;
(c) Establish plans, interagency partnerships, implementation
practices and interactions with local [and
private sectors] coordinated
comprehensive plans;
(d) Utilize the information generated by applicable state
advisory groups and by the local planning process administered by the State
Commission on Children and Families in the program assessment of needs and
decisions as to service delivery in a given community; and
(e) Identify barriers to improving program capability to serve
the needs of young children and related recommendations, if any.
(2) The processes listed in subsection (1) of this section are
for the purpose of generating interagency coordination so as to serve to the
greatest extent possible young children and their families in a comprehensive
and developmentally appropriate fashion. The information generated by these
processes shall be considered as a contribution to subsequent budget decisions
by state and local agencies, the Oregon Department of Administrative Services
and Legislative Assembly, and as a contribution to the planning and coordination tasks of the State
Commission on Children and Families [and
the coordinating tasks of the Oregon Coordinating Council for Children and
Families].
SECTION 27.
ORS 329.237 is amended to read:
329.237. (1) The Department of Education shall administer the
Early Childhood Improvement Program to assist public school districts in
providing programs designed to improve educational services for children
enrolled in kindergarten through grade three. Programs shall be based on
research and proven successful practices.
(2) The programs shall include the following planned
components:
(a) Targeted services for "at-risk" children that may
be in cooperation with local commissions on children and families to provide
services to families, which may include but are not limited to remedial and
alternative academic programs, child care, parent participation and child
development services.
(b) Efforts to improve the kindergarten through third grade
curriculum and educational practices so that they:
(A) Are consistent with research findings on how children
learn;
(B) Are sensitive to individual differences such as cultural
background and learning styles; and
(C) Encourage parent participation. Such efforts may include
but are not limited to adapting curricula and training administrators and other
staff in early childhood education and child development.
(c) Comprehensive education, health care and social services
for children to be provided through interagency agreements among school
districts, health care and social service providers.
(d) Evaluation of programs by goals set by the district for the
program.
(e) Planned transition from prekindergarten programs to
kindergarten through grade three.
(3) In addition to the components listed in subsection (4) of
this section, Early Childhood Improvement Programs may include but are not
limited to the following components:
(a) Extended day services for school age children who need care
or enrichment opportunities; and
(b) Programs designed to improve the adult to child ratios in
kindergarten through grade three.
(4) The district application shall include:
(a) Plans developed by 21st Century Schools Councils at the
school building level as described in ORS 329.704; and
(b) Demonstrated consistency with the local assessments and local coordinated comprehensive plans
resulting from ORS 417.705 to 417.790 [and
419A.170].
(5) Funds shall be available to districts with approved
applications on a per child basis for the district's children enrolled in
kindergarten through grade three. Funds not allocated shall be prorated to the
districts with approved applications not later than the end of the fiscal year
for which the allocation is made.
(6) If the district plan proposes use of innovative
instructional materials, the State Board of Education, pursuant to ORS 337.050,
may waive the use of such instructional materials as might otherwise have been
required.
SECTION 28.
ORS 418.191 is amended to read:
418.191. (1) To carry out the purposes of ORS 418.187 to
418.199 and 432.090, the Board of Trustees of the Children's Trust Fund may:
(a) Contract with private nonprofit or public organizations,
agencies or school districts for the establishment of community-based
educational and service programs designed to reduce the occurrence of child
abuse and neglect. Contracts also may be awarded to support research programs
related to prevention of child abuse and neglect, to develop and strengthen
community child abuse and neglect prevention networks and to develop family
resource programs. Each contract entered into by the board shall contain a
provision for the evaluation of services provided under the contract. Contracts
for services to prevent child abuse and child neglect shall be awarded as
demonstration projects. Continuation of contracts will be determined by the
success of the projects and community financial support. Contracts for services
to prevent child abuse and child neglect shall be awarded, in part, on the
basis of likelihood of success as determined by current research and expert
opinion.
(b) Facilitate the exchange of information between groups
concerned with families and children.
(2) The board shall consider need and the area of the state
from which an application is submitted to ensure that all areas of the state
develop programs pursuant to ORS 418.187 to 418.199 and 432.090. The board
shall also consider and give great weight to whether an application has been
approved by any local commission on
children and families pursuant to a local
coordinated comprehensive plan developed under ORS 417.775.
SECTION 29.
ORS 418.193 is amended to read:
418.193. (1) The Board of Trustees of the Children's Trust Fund
is established and shall consist of 12 members selected from the various
geographic areas of the state and from the state's diverse populations. Member
appointments shall be based on a demonstrated interest in and knowledge of
prevention of child abuse and neglect. Members shall be appointed by the
Governor.
(2) The term of office of a member of the board is four years,
but a member serves at the pleasure of the Governor. Before the expiration of
the term of a member, the Governor shall appoint a successor whose term begins
on July 1 next following. A member is eligible for reappointment. If there is a
vacancy for any cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.
(3) The board shall review all applications for contracts
submitted and shall provide funds for applications and contracts as provided in
ORS 418.191 for purposes stated in ORS 418.187 to 418.199 and 432.090.
(4) Members of the board shall receive no compensation for
their services. Members of the board other than members employed in full-time
public service shall be reimbursed by the board for their actual and necessary
expenses incurred in the performance of their duties. Such reimbursements shall
be subject to the provisions of ORS 292.210 to 292.288. Members of the board
who are employed in full-time public service may be reimbursed for their actual
and necessary expenses incurred in the performance of their duties by their
employing agency.
(5) The board shall meet at least once every three months and
at such other times as may be specified by the chairperson or a majority of the
board.
(6) The board shall employ an executive director and may employ
any other employees it deems necessary for the effective conduct of the work
under its charge. The board may also contract with [any member agency of the Oregon Coordinating Council for Children and Families] other state agencies that provide services
for children and families or any [other]
private agency for the use of staff and office space.
(7) In accordance with the applicable provisions of ORS 183.310
to 183.550, the Board of Trustees of the Children's Trust Fund may adopt rules
necessary for the administration of the laws that the board is charged with
administering.
SECTION 30. Sections 31 and 32 of this 1999 Act are
added to and made a part of ORS 430.255 to 430.630.
SECTION 31. The Governor's Council on Alcohol and Drug
Abuse Programs shall prepare criteria and policies for a statewide plan of
services for alcohol and other drug prevention and treatment for children and
families to guide local alcohol and drug councils. Local commissions on
children and families shall incorporate alcohol and other drug prevention and
treatment plans developed pursuant to this section into the local coordinated
comprehensive plan created under ORS 417.775. The criteria and policies
prepared for the statewide plan of services shall:
(1) Describe the need for
prevention and treatment services and strategies, and the method by which state
and federal resources shall be prioritized in order to meet the needs,
including prevention and treatment for families with young children and adolescents;
(2) Set forth principles
guiding the purchase of prevention and treatment services and strategies from
local community providers;
(3) Identify outcomes for
the provision of prevention and treatment services and strategies and a method
for monitoring those outcomes;
(4) Identify consistent
standards for measuring prevention and treatment provision and success;
(5) Outline a process for
providing training and technical assistance to state and local community
providers, including prevention and treatment for special needs populations;
and
(6) Identify how prevention
and treatment services and strategies will link to other services and supports
for children and families.
SECTION 32. All state agencies providing alcohol and
other drug prevention and treatment services and strategies, or purchasing
prevention and treatment services and strategies from local community providers
approved or licensed by the office of Alcohol and Drug Abuse Programs, shall
coordinate with the office to report expenditures and client data for the
purposes of service capacity utilization and monitoring resources and outcomes
coordination in the statewide plan of services and strategies for alcohol and
other drug prevention and treatment for children and families prepared under
section 31 of this 1999 Act.
SECTION 33.
ORS 430.250 is amended to read:
430.250. (1) The Legislative Assembly recognizes that:
(a) Dependence on alcohol or other drugs is treatable and
preventable;
(b) The Legislative Assembly has a responsibility to the
citizens of the state to [insure] ensure that all related services and
resources are provided in an effective and efficient manner; and
(c) State agencies are accountable to coordinate all related
services to the maximum extent possible.
(2) The Governor's Council on Alcohol and Drug Abuse Programs,
created pursuant to ORS 430.255, shall implement the state policy as set forth
in subsection (1) of this section by:
(a) Developing a statewide alcohol and other drug abuse plan [which]
that:
(A) Incorporates priorities
and recommendations contained in the alcohol and drug abuse related components
of each local coordinated comprehensive plan;
(B) Describes the need for
services and the process by which state resources shall be prioritized in order
to meet the demand for services for children and families;
(C) Sets forth principles to
guide the state in purchasing alcohol and other drug abuse prevention materials
and treatment services; and
(D) Recommends goals, specific
priorities and programs for review by the Governor and the Legislative
Assembly; and
(b) Monitoring those programs and financial efforts of the
state which prevent, intervene in and treat alcohol and other drug problems for
compliance with the approved statewide alcohol and drug abuse plan.
(3) The Legislative Assembly expects as a condition of budget
approval that all appropriate state agencies work with and through the
Governor's Council on Alcohol and Drug Abuse Programs to assist:
(a) In the preparation of the proposed statewide alcohol and
drug abuse plan;
(b) In the implementation, monitoring and evaluation of the
statewide plan approved by the Legislative Assembly; and
(c) In developing and implementing methods for evaluating the
effectiveness and efficiency of their respective alcohol and drug abuse
prevention, intervention or treatment or rehabilitation services, or any of
them.
SECTION 34.
ORS 430.255 is amended to read:
430.255. (1)(a)
There is created in the office of the Governor the Governor's Council on
Alcohol and Drug Abuse Programs. The council shall consist of not more than 11
members who are appointed by the Governor for terms of four years. Members are
eligible for one reappointment. Members must be without conflicting interests
and as representative as possible of:
[(a)] (A) Geographic regions of the state;
[(b)] (B) At-risk populations, including
among others, youth, the elderly, minorities and women;
[(c)] (C) Knowledgeable professionals, such
as pharmacists, physicians, attorneys and the like who are not necessarily
representatives of professional organizations, but who may be recovering;
[(d)] (D) Knowledgeable nonprofessionals who
may represent advocate groups and who may be recovering; and
[(e)] (E) Local advisory groups.
(b) In addition to the
members appointed to the council under paragraph (a) of this subsection, the
council shall include:
(A) One member appointed by
the President of the Senate, who shall be a member of the Senate and who shall
be a nonvoting, advisory member; and
(B) One member appointed by
the Speaker of the House of Representatives, who shall be a member of the House
of Representatives and who shall be a nonvoting, advisory member.
(2) The duties of the Governor's Council on Alcohol and Drug
Abuse Programs are to:
(a) Assess the economic and social impact of alcohol and drug
abuse on the State of Oregon and report the findings and recommendations to the
Governor by January 1 of each even-numbered year.
(b) Review and make recommendations to the Governor on the
goals, financing, priorities and a state plan for prevention, intervention and
treatment of alcohol and drug abuse problems, which encompasses all appropriate
state agencies and is consistent with
section 31 of this 1999 Act, by January 1 of each even-numbered year.
(c) Review alcohol and drug abuse programs and make
recommendations to the Governor on the effectiveness and priorities for
improvements of all such prevention and treatment programs for alcohol and drug
problems engaged in or financed through state agencies by January 1 of each
even-numbered year.
(d) Review and approve
the components of the local coordinated comprehensive plan created pursuant to
ORS 417.775 that address alcohol and other drug prevention and treatment plans
developed under section 31 of this 1999 Act.
(e) Work to ensure
broad-based citizen involvement in the planning and execution of the alcohol
and drug prevention and treatment plans at both the state and local level.
(3) Members of the council are entitled to compensation and
expenses as provided under ORS 292.495.
(4) The Governor may remove any member for misconduct,
incapacity or neglect of duty.
(5) The Assistant Director for Alcohol and Drug Abuse Programs
shall provide the technical and financial support as is required and authorized
by the Legislative Assembly and as is necessary to carry out this section and
ORS 409.010, 430.250, 430.257, 430.270, 430.290, 430.359, 430.368, 430.535 and
430.630 and sections 31 and 32 of this
1999 Act.
SECTION 35.
ORS 430.257 is amended to read:
430.257. (1) The
Legislative Assembly finds that alcohol and other drug use, abuse and
addiction:
(a) Pose significant social
and public health problems for Oregon;
(b) Impact the budgets and
workloads of state and local agencies that provide services for children and
families and contribute to incidences of crime, violence, accidents and deaths,
as well as reducing worker productivity; and
(c) Contribute substantially
to the problems faced by a significant number of persons served by the
Department of Human Resources, Department of Corrections, Oregon Youth
Authority, Juvenile Crime Prevention Advisory Committee and State Commission on
Children and Families.
(2) The Department of Human
Resources, Department of Corrections, Oregon Youth Authority, Juvenile Crime
Prevention Advisory Committee and State Commission on Children and Families
shall contribute to the development of a comprehensive state plan for alcohol
and other drug prevention, intervention and treatment services.
(3) The administrative heads of
the Department of Education, Department of Human Resources, Oregon State
Police, Department of Transportation, Oregon Liquor Control Commission, Juvenile Crime Prevention Advisory
Committee and State Commission on Children and Families shall each
designate an individual, or in the instance of multidivisional departments,
individuals, to serve as liaison to and assist both the Governor's Council on
Alcohol and Drug Abuse Programs and the Assistant Director for Alcohol and Drug
Abuse Programs in meeting the policies, duties and responsibilities set forth
in this section and ORS 409.010, 430.250, 430.255, 430.270, 430.290, 430.359,
430.368, 430.535 and 430.630 and
sections 31 and 32 of this 1999 Act.
SECTION 36. (1) The Juvenile Crime Prevention Advisory
Committee is created within the Oregon Criminal Justice Commission.
(2) The committee shall have
the following members:
(a) The Director of the
Oregon Youth Authority or a designee of the director;
(b) The staff director of
the State Commission on Children and Families or a designee of the staff
director;
(c) The Director of Human
Resources or a designee of the director;
(d) The Assistant Director
for Alcohol and Drug Abuse Programs or a designee of the assistant director;
(e) The executive director
of the Oregon Criminal Justice Commission or a designee of the executive
director;
(f) The Superintendent of
Public Instruction or a designee of the superintendent;
(g) The Superintendent of
State Police or a designee of the superintendent;
(h) The Director of the
Department of Corrections or a designee of the director;
(i) One designee of the
Governor;
(j) One member appointed by
the President of the Senate, who shall be a member of the Senate and who shall
be a nonvoting, advisory member;
(k) One member appointed by
the Speaker of the House of Representatives, who shall be a member of the House
of Representatives and who shall be a nonvoting, advisory member; and
(L) One designee of the
Chief Justice of the Supreme Court from the Judicial Department who serves as
an ex officio member to provide information and support the partnership role of
the courts in an effective comprehensive statewide approach to high-risk youth
and their families.
(3) In addition to the
members listed in subsection (2) of this section, the Governor shall appoint
the following members who shall be representative of the geographic and
cultural diversity of the state:
(a) To represent local
public and private entities:
(A) A county commissioner;
(B) A local juvenile
director;
(C) A director of a local
commission on children and families;
(D) Two law enforcement
officials;
(E) A county mental health
director;
(F) An alcohol and drug
abuse professional;
(G) A school superintendent;
(H) A private youth service
provider; and
(I) An elected city
official;
(b) A researcher;
(c) A citizen member; and
(d) Other members as
determined by the Governor.
(4) Each member of the
committee appointed by the Governor under subsection (3) of this section shall
serve a term of four years. Members appointed by the Governor shall serve at
the pleasure of the Governor. A vacancy in the office of any member appointed
by the Governor under subsection (3) of this section shall be filled by the
Governor by appointment for the unexpired term.
(5) The Governor shall
select one of the members of the committee as chairperson and one of its
members as vice chairperson.
(6) The committee shall meet
at times, places and intervals deemed advisable by a majority of the members.
(7) The Oregon Criminal
Justice Commission shall provide staff support to the committee.
SECTION 37. Notwithstanding the term of office
specified by section 36 (4) of this 1999 Act, of the members first appointed to
the Juvenile Crime Prevention Advisory Committee by the Governor:
(1) At least five shall
serve for a term ending two years after the date that the member was appointed.
(2) At least five shall
serve for a term ending four years after the date that the member was
appointed.
SECTION 38. The Juvenile Crime Prevention Advisory
Committee shall:
(1) Review the budget and
allocation formula for appropriations for the purpose of juvenile crime
prevention;
(2) Review the components of
the local coordinated comprehensive plans for children and families created
pursuant to ORS 417.775 that address local high-risk juvenile crime prevention
plans developed under section 39 of this 1999 Act and make recommendations to
the Governor about the local plans;
(3) Ensure that high-risk
juvenile crime prevention planning criteria are met by state and local public
and private entities;
(4) Recommend high-risk
juvenile justice and juvenile crime prevention policies to the Governor and the
Legislative Assembly;
(5) Ensure initiation of
contracts based on approved local high-risk juvenile crime prevention plans and
oversee contract changes;
(6) Review data and outcome
information;
(7) Establish and publish
review and assessment criteria for the local high-risk juvenile crime
prevention plans. The criteria shall include, but not be limited to, measuring
changes in juvenile crime and juvenile recidivism;
(8) Review and coordinate
county youth diversion plans and basic services grants with the local high-risk
juvenile crime prevention plans. Basic services grants may be used for
detention and other juvenile department services including:
(a) Shelter care;
(b) Treatment services;
(c) Graduated sanctions; and
(d) Aftercare for youth
offenders;
(9) Work to ensure
broad-based citizen involvement in the planning and execution of high-risk
juvenile crime prevention plans at both the state and local levels;
(10) Develop a funding
policy that provides incentives for flexible programming and promotes
strategies that stress reinvestment in youth;
(11) Periodically report to the
Governor and the Legislative Assembly on the progress of the committee;
(12) Oversee and approve
funding and policy recommendations of the state advisory group as required by
the federal Juvenile Justice and Delinquency Prevention Act of 1974, 42 U.S.C.
5601 et seq.; and
(13) Work with tribal
governments to develop tribal high-risk juvenile crime prevention plans.
SECTION 39. (1) Each board of county commissioners
shall designate an agency or organization to serve as the lead planning
organization to facilitate the creation of a partnership among state and local
public and private entities in each county. The partnership shall include, but
is not limited to, local commissions on children and families, education
representatives, public health representatives, local alcohol and drug planning
committees, representatives of the court system, local mental health planning
committees, city or municipal representatives and local public safety
coordinating councils. The partnership shall develop a local high-risk juvenile
crime prevention plan that shall be incorporated into the local coordinated
comprehensive plans created pursuant to ORS 417.775.
(2) The local high-risk
juvenile crime prevention plans shall use services and activities to meet the
needs of a targeted population of youths who:
(a) Have more than one of
the following risk factors:
(A) Antisocial behavior;
(B) Poor family functioning
or poor family support;
(C) Failure in school;
(D) Substance abuse
problems; or
(E) Negative peer
association; and
(b) Are clearly
demonstrating at-risk behaviors that have come to the attention of government
or community agencies, schools or law enforcement and will lead to imminent or
increased involvement in the juvenile justice system.
(3)(a) The Oregon Criminal
Justice Commission shall allocate funds available to support the local
high-risk juvenile crime prevention plans to counties based on the youth
population age 18 or younger in those counties.
(b) The commission shall
award a minimum grant to small counties. The minimum grant level shall be
determined by the Juvenile Crime Prevention Advisory Committee through a public
process and reviewed by the committee biennially.
SECTION 40. (1) A county or group of counties may place
greater emphasis on early intervention and work with younger children than
required by the Juvenile Crime Prevention Advisory Committee if the county or
counties have been granted a waiver pursuant to this section.
(2) The Juvenile Crime
Prevention Advisory Committee shall extend to June 30, 2005, any early
intervention waiver granted to any county through the review of the county's
1998 high-risk juvenile crime prevention plan.
(3) In consultation with any
county that received a 1998 waiver or any county or group of counties
requesting a waiver and no later than June 30, 2000, the Juvenile Crime
Prevention Advisory Committee shall develop an objective process, review
criteria and timetable for consideration of waiver requests. A waiver granted
under this section shall apply to the requirements for basic services grants
described in section 38 (8) of this 1999 Act and high-risk juvenile crime
prevention resources managed by the Oregon Criminal Justice Commission. The
waiver shall be consistent with the goals of ORS 137.656, 417.705 to 417.790,
430.250, 430.255 and 430.257 and sections 31, 32, 38 and 39 of this 1999 Act.
(4) Any documentation
required for a waiver under this section shall be from material contained in a
county's juvenile crime prevention plan and from material as determined through
biennial intergovernmental agreements.
(5) The Juvenile Crime
Prevention Advisory Committee shall grant a waiver or continue a waiver based
on criteria that includes:
(a) Rate of Oregon Youth
Authority discretionary bed usage compared to other counties;
(b) Comparative analysis of
detention and secure shelter capacity per 1,000 juveniles;
(c) Investment of local
resources in juvenile crime prevention;
(d) Inclusion of prevention
or early intervention strategies in the juvenile crime prevention plan;
(e) Investments that
emphasize innovation and proven practices of effectiveness;
(f) Support of the local
public safety coordinating council, local commission on children and families
and board of county commissioners; and
(g) Local integration
practices including citizens, victims, courts, law enforcement, business and
schools.
(6) The committee shall
review and act on any request for a waiver within 90 days after receipt of the
request.
SECTION 41. Section 40 of this 1999 Act is repealed on
January 1, 2006.
SECTION 42. (1) The Juvenile Crime Prevention Advisory
Committee shall coordinate planning and implementation of:
(a) The State Incentive
Cooperative Agreement grant from the federal Center for Substance Abuse
Prevention; and
(b) Other federal grants
focused on high-risk youth or coordinated partnerships for high-risk youth, in
conjunction with the state and county high-risk juvenile crime prevention
plans.
(2) A county or consortium
of counties that receives funds from grants for juvenile crime prevention from
multiple state agencies may request and shall receive a single consolidated
grant of state juvenile crime prevention funds. The county or counties and the
state agencies shall develop program outcomes for the use of the consolidated
grant funds. The state agencies shall require the county or counties to comply
with grant requirements and report on the outcomes on a periodic basis.
SECTION 43. Section 42 of this 1999 Act is repealed
July 1, 2004.
SECTION 44.
ORS 137.656 is amended to read:
137.656. (1) The purpose of the Oregon Criminal Justice
Commission is to improve the effectiveness and efficiency of state and local
criminal justice systems by providing a centralized and impartial forum for
statewide policy development and planning.
(2) The primary duty of the commission is to develop and
maintain a state criminal justice policy and comprehensive, long-range plan for
a coordinated state criminal justice system that encompasses public safety,
offender accountability, crime reduction and prevention and offender treatment
and rehabilitation. The plan must include, but need not be limited to,
recommendations regarding:
(a) Capacity, utilization and type of state and local prison
and jail facilities;
(b) Implementation of community corrections programs;
(c) Alternatives to the use of prison and jail facilities;
(d) Appropriate use of existing facilities and programs;
(e) Whether additional or different facilities and programs are
necessary;
(f) Methods of assessing the effectiveness of juvenile and
adult correctional programs, devices and sanctions in reducing future criminal
conduct by juvenile and adult offenders; and
(g) Methods of reducing the risk of future criminal conduct.
(3) Other duties of the commission are:
(a) To conduct joint studies by agreement with other state
agencies, boards or commissions on any matter within the jurisdiction of the
commission.
(b) To provide Oregon criminal justice analytical and
statistical information to federal agencies and serve as a clearinghouse and
information center for the collection, preparation, analysis and dissemination
on state and local sentencing practices.
(c) To provide technical assistance and support to local public
safety coordinating councils.
(d) To implement the
recommendations of the Juvenile Crime Prevention Advisory Committee, as
approved by the Governor.
(e) In cooperation with
other state and federal agencies, to coordinate technical assistance efforts on
a statewide and county-specific basis relating to juvenile crime prevention
programs and services.
(4) The commission may
contract with local governments or other entities to administer juvenile crime
prevention programs and services. In accordance with the applicable provisions
of ORS 183.310 to 183.550, the commission may adopt rules necessary for the
administration of juvenile crime prevention programs and services.
SECTION 45. (1) The State Commission on Children and
Families, the Juvenile Crime Prevention Advisory Committee and the Governor's
Council on Alcohol and Drug Abuse Programs shall report to the Seventy-second
Legislative Assembly on the implementation of this 1999 Act on both the state
and local levels.
(2) The State Commission on
Children and Families shall include in the report recommendations on any
additional proposals contained in "A Positive Future for Oregon's Children
and Families" by the 1991-1992 Oregon Children's Care Team Interim Task
Force that should be undertaken.
SECTION 46. (1) The Joint Legislative Audit Committee
shall direct the Legislative Fiscal Officer to conduct a performance audit of
state agencies and local agencies, or portions of those agencies that are
subject to this 1999 Act, including the Department of Human Resources, the
Department of Education, the State Commission on Children and Families, the
Governor's Council on Alcohol and Drug Abuse Programs and the Juvenile Crime
Prevention Advisory Committee. In addition, the performance audit shall
include:
(a) Four local commissions
on children and families that are from different regions in the state and have
different population levels; and
(b) A sampling of lead
planning organizations selected under section 39 of this 1999 Act to facilitate
the partnership to develop a local high-risk juvenile crime prevention plan.
(2) The performance audit
shall include:
(a) A description of each
agency's current state statutory duties and the extent to which each agency
fulfills those duties;
(b) An evaluation of the
organizational structure of each agency to determine whether its structure
appropriately meets state statutory objectives and whether the agency's
structure duplicates functions of another agency;
(c) A description of the
types of services that each agency provides;
(d) An identification of
improvements for effectiveness of the children and families programs of each
agency;
(e) An identification of
areas within each agency and between agencies that may be consolidated; and
(f) Any other matters the
Joint Legislative Audit Committee considers relevant to the evaluation of the
provision of services for children and families.
(3) The performance audit
also shall include an evaluation of the local coordinated comprehensive plan
and planning process, as described in ORS 417.705 and 417.775. The evaluation
shall be conducted on four counties that are in different regions of this state
and have different population levels.
(4) No later than August 1,
2002, the Joint Legislative Audit Committee shall report the findings of the
performance audit and any recommendations based on the performance audit to the
Legislative Assembly pursuant to ORS 192.245. The Joint Legislative Audit
Committee shall forward the report to the State Commission on Children and
Families, the Juvenile Crime Prevention Advisory Committee and the appropriate
legislative interim committees.
SECTION 47. (1)(a) During the 1999-2001 biennium, there
is created a Joint Interim Task Force on Children and Families. The Speaker of
the House of Representatives and the President of the Senate shall appoint the
members of the interim task force. A majority of the members of the task force
shall be local providers of services to children and families, including but
not limited to:
(A) Members of local
commissions on children and families;
(B) Local health
departments;
(C) Local public entities
that provide services to children and families; and
(D) Private entities that
provide services to children and families.
(b) In addition to the
members appointed to the interim task force under paragraph (a) of this
subsection, the interim task force shall include:
(A) One designee of the
Governor;
(B) Two members of the
Governor's Council on Alcohol and Drug Abuse Programs; and
(C) Two members of the
Juvenile Crime Prevention Advisory Committee.
(2) The interim task force
shall:
(a) Gather information about
early childhood assessment programs; and
(b) Evaluate the feasibility
of a statewide coordinated early childhood assessment program.
(3) Except as provided in
this section, the interim task force created under this section is subject to
the provisions of ORS 171.605 to 171.635 and has the authority contained in ORS
171.505 to 171.530.
(4) A work plan consisting
of a list of subjects for study by the interim task force and the duration of
the study shall be developed by the Speaker of the House of Representatives and
the President of the Senate, in consultation with the interim task force
chairperson. The work plan developed for the interim task force shall be filed
with the Legislative Administrator.
(5) Interim task force work
plans may be modified only by the Speaker of the House of Representatives and
the President of the Senate after consultation with the interim task force
chairperson. The interim task force, by official action, may request such a modification.
(6) The Legislative
Administrator may cause to be employed such persons as are necessary to the
performance of the function of the interim task force created under this
section. The Legislative Administrator shall fix the duties and amounts of compensation
of such employees. The interim task force shall use the services of permanent
legislative staff to the greatest extent practicable.
(7) Members of the
Legislative Assembly serving on the task force shall be entitled to an
allowance as authorized by ORS 171.072. Other members of the interim task force
are entitled to compensation and expenses under ORS 292.495. Claims for
expenses incurred in performing functions of the interim task force shall be
paid out of funds appropriated for that purpose.
(8) All agencies,
departments and officers of this state are directed to assist the interim task
force created under this section in the performance of its functions and to
furnish such information and advice as the members of the interim task force
consider necessary to perform their functions.
(9) Subject to the approval
of the Emergency Board, the interim task force created under this section may
accept contributions of funds and assistance from the United States Government,
its agencies or any other source, public or private, and agree to conditions
thereon not inconsistent with the purposes of the interim task force. All such
funds are to aid in financing the functions of the interim task force and shall
be deposited in the General Fund of the State Treasury to the credit of
separate accounts for the interim task force and shall be disbursed for the
purpose for which contributed in the same manner as funds appropriated for the
interim task force.
(10) Official action by the
interim task force established under this section shall require the approval of
a majority of the quorum of the legislative members of the interim task force.
All legislation recommended by official action of the interim task force must
indicate that it is introduced at the request of the interim task force. Such
legislation shall be prepared in time for presession numbering and presession
filing pursuant to ORS 171.130.
(11) The interim task force
shall report its findings and recommendations to the Seventy-first Legislative
Assembly.
SECTION 48. Section 49 of this 1999 Act is added to and
made a part of ORS 396.305 to 396.355.
SECTION 49. (1) The Oregon Military Department may
adopt reasonable policies or procedures for any program operated by the
military department for at-risk youth where attendance by at-risk youth is
voluntary. The policies or procedures adopted by the military department may
include but are not limited to drug testing policies designed to ensure that a
person enrolled in the program is not engaging in unlawful drug use.
(2) The military department
may adopt policies or procedures pursuant to subsection (1) of this section by
rule or may provide notice of policies or procedures to at-risk youth prior to
enrollment in the program.
(3) The results of any drug
test performed pursuant to this section shall be used solely for the purpose of
determining eligibility for enrollment or continuing attendance in the program
and shall not be used against the person in any criminal prosecution.
SECTION 50. In addition to and not in lieu of any other
appropriation, there is appropriated to the Oregon Youth Authority, for the
biennium beginning July 1, 1999, out of the General Fund, the sum of $9,500,000
for the provision of basic services approved by the Juvenile Crime Prevention
Advisory Committee.
SECTION 51. ORS 417.310, 417.315, 417.320 and 417.325
are repealed.
SECTION 52. If Senate Bill 1127 becomes law, sections
41 and 54 (both amending ORS 417.310), chapter 1084, Oregon Laws 1999 (Enrolled
Senate Bill 1127), are repealed.
SECTION 53. This 1999 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 1999 Act takes effect July 1, 1999.
Approved by the Governor
September 1, 1999
Filed in the office of the
Secretary of State September 1, 1999
Effective date September 1,
1999
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