2007 Oregon Code - Chapter 417 :: Chapter 417 - Interstate Compacts on Juveniles and Children - Children and Family Services
Chapter 417
Interstate Compacts on Juveniles and Children;
Children and
Family Services
2007 EDITION
INTERSTATE COMPACTS; CHILDREN & FAMILY
SERVICES
HUMAN SERVICES; JUVENILE CODE; CORRECTIONS
INTERSTATE COMPACT ON JUVENILES
417.010 Juvenile
defined for ORS 417.010 to 417.080
417.020 Declaration
of public policy
417.030 Interstate
Compact on Juveniles
417.040 Juvenile
Compact Administrator and staff; rules
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
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
417.300 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 417.801
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
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; planning
417.800 State
commission to coordinate efforts and make recommendations
417.801 Local
commissions; duties
(Office of Childrens Advocate)
417.805 Toll-free
child abuse hotline
417.810 Office
of Childrens 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
(
417.830 Authority
of
417.833 Appointment
of local commission; duties; staff director
417.836 Intergovernmental
agreement; federal waivers
417.839 Limitations
on countys 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
PENALTIES
417.990 Penalty
for placement of children in violation of compact
INTERSTATE COMPACT ON 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
Interstate Compact on Juveniles. The Governor hereby is authorized and directed to execute for, on
behalf of and in the name of the State of
______________________________________________________________________________
The contracting states solemnly agree:
ARTICLE I
FINDINGS AND PURPOSES
That 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. The cooperation of the states party to this compact is
therefore necessary to provide for the welfare and protection of juveniles and
of the public with respect to (1) cooperative supervision of delinquent
juveniles on probation or parole; (2) the return, from one state to another, of
delinquent juveniles who have escaped or absconded; (3) the return, from one
state to another, of nondelinquent juveniles who have run away from home; and
(4) additional measures for the protection of juveniles and of the public,
which any two or more of the party states may find desirable to undertake
cooperatively. In carrying out the provisions of this compact the party states
shall be guided by the noncriminal, reformative and protective policies which
guide their laws concerning delinquent, neglected or dependent juveniles
generally. It shall be the policy of the states party to this compact to
cooperate and observe their respective responsibilities for the prompt return
and acceptance of juveniles and delinquent juveniles who become subject to the
provisions of this compact. The provisions of this compact shall be reasonably
and liberally construed to accomplish the foregoing purposes.
ARTICLE II
EXISTING RIGHTS AND REMEDIES
That all remedies and procedures provided
in this compact shall be in addition to and not in substitution for other
rights, remedies and procedures and shall not be in derogation of parental
rights and responsibilities.
ARTICLE III
DEFINITIONS
That, for the purposes of this compact, delinquent
juvenile means any juvenile who has been adjudged delinquent and who, at the
time the provisions of this compact are invoked, is still subject to the
jurisdiction of the court that has made such adjudication or the jurisdiction
or supervision of an agency or institution pursuant to an order of such court; probation
or parole means any kind of conditional release of juveniles authorized under
the laws of the states party hereto; court means any court having
jurisdiction over delinquent, neglected or dependent children; state means
any state, territory or possession of the United States, the District of
Columbia, and the Commonwealth of Puerto Rico; and residence or any variant
thereof means a place at which a home or regular place of abode is maintained.
ARTICLE IV
RETURN OF RUNAWAYS
(a) That the parent, guardian, person or
agency entitled to legal custody of a juvenile who has not been adjudged
delinquent but who has run away without the consent of such parent, guardian,
person or agency may petition the appropriate court in the demanding state for
the issuance of a requisition for the return of the juvenile. The petition
shall state the name and age of the juvenile, the name of the petitioner and
the basis of entitlement to the juveniles custody, the circumstances of the
running away of the juvenile, location if known at the time application is
made, and such other facts as may tend to show that the juvenile who has run
away is endangering the welfare of the juvenile or the welfare of others and is
not an emancipated minor. The petition shall be verified by affidavit, shall be
executed in duplicate, and shall be accompanied by two certified copies of the
document or documents on which the petitioners entitlement to the juveniles
custody is based, such as birth certificates, letter of guardianship, or
custody decrees. Such further affidavits and other documents as may be deemed
proper may be submitted with such petition. The judge of the court to which
this application is made may hold a hearing thereon to determine whether for
the purposes of this compact the petitioner is entitled to the legal custody of
the juvenile, whether or not it appears that the juvenile has in fact run away
without consent, whether or not the juvenile is an emancipated minor, and
whether or not it is in the best interest of the juvenile to compel a return to
the state. If the judge determines, either with or without a hearing, that the
juvenile should be returned, the judge shall present to the appropriate court
or to the executive authority of the state where the juvenile is alleged to be
located a written requisition for the return of such juvenile. Such requisition
shall set forth the name and age of the juvenile, the determination of the
court that the juvenile has run away without the consent of a parent, guardian,
person or agency entitled to legal custody, and that it is in the best interest
and for the protection of such juvenile that the juvenile be returned. In the
event that a proceeding for the adjudication of the juvenile as a delinquent,
neglected or dependent juvenile is pending in the court at the time when such
juvenile runs away, the court may issue a requisition for the return of such
juvenile upon its own motion, regardless of the consent of the parent,
guardian, person or agency entitled to legal custody, reciting therein the
nature and circumstances of the pending proceeding. The requisition shall in
every case be executed in duplicate and shall be signed by the judge. One copy
of the requisition shall be filed with the compact administrator of the
demanding state, there to remain on file subject to the provisions of law
governing records of such court. Upon the receipt of a requisition demanding
the return of a juvenile who has run away, the court or the executive authority
to whom the requisition is addressed shall issue an order to any peace officer
or other appropriate person directing the person to take into custody and
detain such juvenile. Such detention order must substantially recite the facts
necessary to the validity of its issuance hereunder. No juvenile detained upon
such order shall be delivered over to the officer whom the court demanding
shall have appointed to receive the juvenile, unless the juvenile shall first
be taken forthwith before a judge of a court in the state, who shall inform the
juvenile of the demand made for the return of the juvenile, and who may appoint
counsel or guardian ad litem for the juvenile. If the judge of such court shall
find that the requisition is in order, the judge shall deliver such juvenile
over to the officer whom the court demanding shall have appointed to receive
the juvenile. The judge, however, may fix a reasonable time to be allowed for
the purpose of testing the legality of the proceeding.
Upon reasonable information that a person
is a juvenile who has run away from another state party to this compact without
the consent of the parent, guardian, person or agency entitled to legal
custody, such juvenile may be taken into custody without a requisition and
brought forthwith before a judge of the appropriate court who may appoint
counsel or guardian ad litem for such juvenile and who shall determine after a
hearing whether sufficient cause exists to hold the person, subject to the
order of the court, for the persons own protection and welfare, for such a
time not exceeding 30 days as will enable the return to another state party to
this compact pursuant to a requisition for the return from a court of that
state. If, at the time when a state seeks the return of a juvenile who has run
away, there is pending in the state wherein the juvenile is found any criminal
charge, or any proceeding to have the juvenile adjudicated a delinquent
juvenile for an act committed in such state, or if the juvenile is suspected of
having committed within such state a criminal offense or an act of juvenile
delinquency, the juvenile shall not be returned without the consent of such
state until discharged from prosecution or other form of proceeding,
imprisonment, detention or supervision for such offense or juvenile
delinquency. The duly accredited officers of any state party to this compact,
upon the establishment of their authority and the identity of the juvenile
being returned, shall be permitted to transport such juvenile through any and
all states party to this compact, without interference. Upon the return to the
state from which the juvenile ran away, the juvenile shall be subject to such
further proceedings as may be appropriate under the laws of that state.
(b) That the state to which a juvenile is
returned under this Article shall be responsible for payment of the
transportation costs of such return.
(c) That juvenile as used in the Article
means any person who is a minor under the law of the state of residence of the
parent, guardian, person or agency entitled to the legal custody of such minor.
ARTICLE V
RETURN OF ESCAPEES AND ABSCONDERS
(a) That the appropriate person or
authority from whose probation or parole supervision a delinquent juvenile has
absconded or from whose institutional custody the juvenile has escaped shall
present to the appropriate court or to the executive authority of the state
where the delinquent juvenile is alleged to be located a written requisition
for the return of such delinquent juvenile. Such requisition shall state the
name and age of the delinquent juvenile, the particulars of adjudication as a
delinquent juvenile, the circumstances of the breach of the terms of probation
or parole or of escape from an institution or agency vested with legal custody
or supervision, and the location of such delinquent juvenile, if known, at the
time the requisition is made. The requisition shall be verified by affidavit,
shall be executed in duplicate, and shall be accompanied by two certified
copies of the judgment, formal adjudication, or order of commitment which
subjects such delinquent juvenile to probation or parole or to the legal
custody of the institution or agency concerned. Such further affidavits and
other documents as may be deemed proper may be submitted with such requisition.
One copy of the requisition shall be filed with the compact administrator of
the demanding state, there to remain on file subject to the provisions of law
governing records of the appropriate court. Upon the receipt of a requisition
demanding the return of a delinquent juvenile who has absconded or escaped, the
court or the executive authority to whom the requisition is addressed shall
issue an order to any peace officer or other appropriate person directing the
person to take into custody and detain such delinquent juvenile. Such detention
order must substantially recite the facts necessary to the validity of its
issuance hereunder. No delinquent juvenile detained upon such order shall be
delivered over to the officer whom the appropriate person or authority
demanding shall have appointed to receive the juvenile, unless the juvenile
shall first be taken forthwith before a judge of an appropriate court in the
state, who shall inform the juvenile of the demand made for the return and who
may appoint counsel or guardian ad litem. If the judge of such court shall find
that the requisition is in order, the judge shall deliver such delinquent
juvenile over to the officer whom the appropriate person or authority demanding
the juvenile shall have appointed to receive him. The judge, however, may fix a
reasonable time to be allowed for the purpose of testing the legality of the
proceeding.
Upon reasonable information that a person
is a delinquent juvenile who has absconded while on probation or parole, or
escaped from an institution or agency vested with legal custody or supervision
in any state party to this compact, such person may be taken into custody in
any other state party to this compact without a requisition. But in such event,
the juvenile must be taken forthwith before a judge of the appropriate court,
who may appoint counsel or guardian ad litem for such person and who shall
determine, after a hearing, whether sufficient cause exists to hold the person
subject to the order of the court for such a time, not exceeding 90 days, as
will enable detention under a detention order issued on a requisition pursuant
to this Article. If, at the time when a state seeks the return of a delinquent
juvenile who has either absconded while on probation or parole or escaped from
an institution or agency vested with legal custody or supervision, there is
pending in the state wherein the juvenile is detained any criminal charge or
any proceeding to have the juvenile adjudicated a delinquent juvenile for an
act committed in such state, or if the juvenile is suspected of having
committed within such state a criminal offense or an act of juvenile
delinquency, the juvenile shall not be returned without the consent of such
state until discharged from prosecution or other form of proceeding,
imprisonment, detention or supervision for such offense or juvenile
delinquency. The duly accredited officers of any state party to this compact,
upon the establishment of their authority and the identity of the delinquent
juvenile being returned, shall be permitted to transport such delinquent
juvenile through any and all states party to this compact, without
interference. Upon the return to the state from which the juvenile escaped or
absconded, the delinquent juvenile shall be subject to such further proceedings
as may be appropriate under the laws of that state.
(b) That the state to which a delinquent
juvenile is returned under this Article shall be responsible for payment of the
transportation costs of such return.
ARTICLE Va
INTERSTATE RENDITION OF JUVENILES ALLEGED TO
BE DELINQUENT
(a) This amendment shall provide
additional remedies, and shall be binding only as among and between those party
states which specifically execute the same.
(b) All provisions and procedures of
Articles V and VI of the Interstate Compact on Juveniles shall be construed to
apply to any juvenile charged with being a delinquent by reason of a violation
of any criminal law. Any juvenile, charged with being a delinquent by reason of
violating any criminal law, shall be returned to the requesting state upon a
requisition to the state where the juvenile may be found. A petition in such
case shall be filed in a court of competent jurisdiction in the requesting
state where the violation of criminal law is alleged to have been committed.
The petition may be filed regardless of whether the juvenile has left the state
before or after the filing of the petition. The requisition described in
Article V of the Compact shall be forwarded by the judge of the court in which
the petition has been filed.
ARTICLE VI
VOLUNTARY RETURN PROCEDURE
That any delinquent juvenile who has
absconded while on probation or parole, or escaped from an institution or
agency vested with legal custody or supervision in any state party to this
compact, and any juvenile who has run away from any state party to this
compact, who is taken into custody without a requisition in another state party
to this compact under the provisions of Article IV (a) or of Article V (a) of
this compact, may consent to the immediate return to the state from which the
juvenile absconded, escaped or ran away. Such consent shall be given by the
juvenile or delinquent juvenile and counsel or guardian ad litem if any, by
executing or subscribing a writing, in the presence of a judge of the
appropriate court, which states that the juvenile or delinquent juvenile and
counsel or guardian ad litem, if any, consent to the return to the demanding
state. Before such consent shall be executed or subscribed, however, the judge,
in the presence of counsel or guardian ad litem, if any, shall inform the
juvenile or delinquent juvenile of the rights under this compact. When the
consent has been duly executed, it shall be forwarded to and filed with the
compact administrator of the state in which the court is located and the judge
shall direct the officer having the juvenile or delinquent juvenile in custody
to deliver the juvenile to the duly accredited officer or officers of the state
demanding the return, and shall cause to be delivered to such officer or
officers a copy of the consent. The court may, however, upon the request of the
state to which the juvenile or delinquent juvenile is being returned order the
juvenile to return unaccompanied to such state and shall provide the juvenile
with a copy of such court order; in such event a copy of the consent shall be
forwarded to the compact administrator of the state to which such juvenile or
delinquent juvenile is ordered to return.
ARTICLE VII
COOPERATIVE SUPERVISION OF
PROBATIONERS AND PAROLEES
(a) That the duly constituted judicial and
administrative authorities of a state party to this compact (herein called sending
state) may permit any delinquent juvenile within such state, placed on
probation or parole, to reside in any other state party to this compact (herein
called receiving state) while on probation or parole, and the receiving state
shall accept such delinquent juvenile, if the parent, guardian or person
entitled to the legal custody of such delinquent juvenile is residing or
undertakes to reside within the receiving state. Before granting such
permission, opportunity shall be given to the receiving state to make such
investigations as it deems necessary. The authorities of the sending state
shall send to the authorities of the receiving state copies of pertinent court
orders, social case studies and all other available information which may be of
value to and assist the receiving state in supervising a probationer or parolee
under this compact. A receiving state, in its discretion, may agree to accept
supervision of a probationer or parolee in cases where the parent, guardian or
person entitled to the legal custody of the delinquent juvenile is not a
resident of the receiving state, and if so accepted the sending state may
transfer supervision accordingly.
(b) That each receiving state will assume
the duties of visitation and of supervision over any such delinquent juvenile
and in the exercise of those duties will be governed by the same standards of
visitation and supervision that prevail for its own delinquent juveniles
released on probation or parole.
(c) That, after consultation between the
appropriate authorities of the sending state and of the receiving state as to
the desirability and necessity of returning such a delinquent juvenile, the
duly accredited officers of a sending state may enter a receiving state and
there apprehend and retake any such delinquent juvenile on probation or parole.
For that purpose, no formalities will be required, other than establishing the
authority of the officer and the identity of the delinquent juvenile to be
retaken and returned. The decision of the sending state to retake a delinquent
juvenile on probation or parole shall be conclusive upon and not reviewable
within the receiving state, but if, at the time the sending state seeks to
retake a delinquent juvenile on probation or parole, there is pending against
the juvenile within the receiving state any criminal charge or any proceeding
to have the juvenile adjudicated a delinquent juvenile for any act committed in
such state, or if the juvenile is suspected of having committed within such
state a criminal offense or an act of juvenile delinquency, the juvenile shall
not be returned without the consent of the receiving state until discharged
from prosecution or other form of proceeding, imprisonment, detention or
supervision for such offense or juvenile delinquency. The duly accredited
officers of the sending state shall be permitted to transport delinquent
juveniles being so returned through any and all states party to this compact,
without interference.
(d) That the sending state shall be
responsible under this Article for paying the costs of transporting any
delinquent juvenile to the receiving state or of returning any delinquent
juvenile to the sending state.
ARTICLE VIII
RESPONSIBILITY FOR COSTS
(a) That the provisions of Articles IV
(b), V (b) and VII (d) of this compact shall not be construed to alter or
affect any internal relationship among the departments, agencies and officers
of and in the government of a party state, or between a party state and its
subdivisions, as to the payment of costs, or responsibilities therefor.
(b) That nothing in this compact shall be
construed to prevent any party state or subdivision thereof from asserting any
right against any person, agency or other entity in regard to costs for which
such party state or subdivision thereof may be responsible pursuant to Articles
IV (b), V (b) or VII (d) of this compact.
ARTICLE IX
DETENTION PRACTICES
That, to every extent possible, it shall
be the policy of states party to this compact that no juvenile or delinquent
juvenile shall be placed or detained in any prison, jail or lockup nor be
detained or transported in association with criminal, vicious or dissolute
persons.
ARTICLE X
SUPPLEMENTARY AGREEMENTS
That the duly constituted administrative
authorities of a state party to this compact may enter into supplementary
agreements with any other state or states party hereto for the cooperative
care, treatment and rehabilitation of delinquent juveniles whenever they shall
find that such agreements will improve the facilities or programs available for
such care, treatment and rehabilitation. Such care, treatment and
rehabilitation may be provided in an institution located within any state
entering into such supplementary agreement. Such supplementary agreements shall
(1) provide the rates to be paid for the care, treatment and custody of such
delinquent juveniles, taking into consideration the character of facilities,
services and subsistence furnished; (2) provide that the delinquent juvenile
shall be given a court hearing prior to the juvenile being sent to another
state for care, treatment and custody; (3) provide that the state receiving
such a delinquent juvenile in one of its institutions shall act solely as agent
for the state sending such delinquent juvenile; (4) provide that the sending
state shall at all times retain jurisdiction over delinquent juveniles sent to
an institution in another state; (5) provide for reasonable inspection of such
institutions by the sending state; (6) provide that the consent of the parent,
guardian, person or agency entitled to the legal custody of said delinquent
juvenile shall be secured prior to the juvenile being sent to another state;
and (7) make provision for such other matters and details as shall be necessary
to protect the rights and equities of such delinquent juveniles and of the
cooperating states.
ARTICLE XI
ACCEPTANCE OF FEDERAL
AND OTHER AID
That any state party to this compact may
accept any and all donations, gifts and grants of money, equipment and services
from the federal or any local government, or any agency thereof and from any
person, firm or corporation, for any of the purposes and functions of this
compact, and may receive and utilize the same subject to the terms, conditions
and regulations governing such donations, gifts and grants.
ARTICLE XII
COMPACT ADMINISTRATORS
That the governor of each state party to
this compact shall designate an officer who, acting jointly with like officers
of other party states, shall promulgate rules and regulations to carry out more
effectively the terms and provisions of this compact.
ARTICLE XIII
EXECUTION OF COMPACT
That this compact shall become operative
immediately upon its execution by any state as between it and any other state
or states so executing. When executed it shall have the full force and effect
of law within such state, the form of execution to be in accordance with the laws
of the executing state.
ARTICLE XIV
RENUNCIATION
That this compact shall continue in force
and remain binding upon each executing state until renounced by it.
Renunciation of this compact shall be by the same authority which executed it,
by sending six months notice in writing of its intention to withdraw from the
compact to the other states party hereto. The duties and obligations of a
renouncing state under Article VII of this compact shall continue as to
parolees and probationers residing therein at the time of withdrawal until
retaken or finally discharged. Supplementary agreements entered into under
Article X of this compact shall be subject to renunciation as provided by such
supplementary agreements, and shall not be subject to the six months renunciation
notice of this Article.
ARTICLE XV
SEVERABILITY
That 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 participating 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 participating therein, 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.
______________________________________________________________________________
[1959 c.434 §2;
1979 c.288 §4]
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]
417.050
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
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
states 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
states 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 states 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 agencys 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 agencys 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 agencys 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
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
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
(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 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]
417.300
Purpose of ORS 417.305. The
purpose of ORS 417.305 is to establish a state policy for serving
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
(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
(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) 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.
(2) 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 persons need for
special, interdisciplinary or generic care, treatment or other services that
are of lifelong duration and must be individually planned and coordinated. [1991
c.122 §1; 2001 c.900 §251]
Note: The amendments to 417.340 by section 1,
chapter 751, Oregon Laws 2007, become operative upon receipt of necessary
federal approval. See section 9, chapter 751, Oregon Laws 2007. The text that
is operative on and after receipt of federal approval is set forth for the users
convenience.
417.340. As used in ORS 417.340 to 417.348 and
417.349:
(1) Childs home means the home in which
a child resides with the childs 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 persons 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.
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. However, nothing
in ORS 417.340 to 417.348 or 417.349 is intended to keep a family member with a
disability or chronic illness in the family home or 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]
Note: The amendments to 417.342 by section 2,
chapter 751, Oregon Laws 2007, become operative upon receipt of necessary
federal approval. See section 9, chapter 751, Oregon Laws 2007. The text that
is operative on and after receipt of federal approval is set forth for the users
convenience.
417.342. (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.
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 childs
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 of Human Services 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 childs 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 childs 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 childs
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 caregivers
employment or an increase in a caregivers earnings.
(4) As used in this section, child means
a person under 18 years of age.
(5) The Department of Human Services 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.
(6) 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 Childrens Intensive In-Home Services
program. [2007 c.751 §§4 to 6]
Note: Sections 7 and 9, chapter 751, Oregon Laws
2007, provide:
Sec.
7. Within 30 days after the
effective date of this 2007 Act [July 12, 2007], the Director of Human Services
shall seek any form of federal approval from the Centers for Medicare and
Medicaid Services that is necessary to implement the Medically Involved
Home-Care Program. The director shall notify Legislative Counsel upon receipt
or denial of necessary federal approval. [2007 c.751 §7]
Sec.
9. Sections 3 to 6 of this
2007 Act [417.345] and the amendments to ORS 414.737, 417.340 and 417.342 by
sections 1, 2 and 8 of this 2007 Act become operative upon receipt of the
necessary federal approval described in section 7 of this 2007 Act. [2007 c.751
§9]
417.346
Duties of Director of Human Services; rules. Subject to the availability of funds therefor, the Director of Human
Services 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]
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, the department may
contract directly with community organizations for the provision of family
support services. [2001 c.900 §6]
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
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 departments
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 departments 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 417.801. As used in ORS 417.705 to 417.801:
(1) Community mobilization means
government and private efforts to increase community awareness and facilitate
the active participation of citizens and organizations in projects and issues
that will have positive impact on the well-being of children, families and
communities.
(2) Efficiency means a measurable
indicator of the amount of resources required to produce an output.
(3) High-level outcome means the
(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
communitys 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 417.801 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 childs 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 417.801 and 419A.170, it is the purpose of ORS 417.705 to
417.801 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 417.801 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 states 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
(2) The service system shall be based on
promoting the wellness of
(a) A commitment to children that ranks
them as
(b) A commitment to reducing the number of
(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 childs 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 417.801 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
systems 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 417.801 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
(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 childrens 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
(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 childs 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 and the
Department of Human Services shall lead a joint effort with other state and
local early childhood partners to establish the policies necessary for a
voluntary statewide early childhood system that shall be incorporated into the
local coordinated comprehensive plan.
(2) The voluntary statewide early
childhood system shall be designed to achieve:
(a) The appropriate early childhood
benchmarks jointly identified by the State Commission on Children and Families,
the Department of Education, the Employment Department and the Department of
Human Services, with input from early childhood partners, as the appropriate
benchmarks; and
(b) Any other early childhood benchmark or
intermediate outcome jointly identified by the State Commission on Children and
Families, the Department of Education, the Employment Department and the
Department of Human Services, with input from early childhood partners, as an
appropriate benchmark or outcome.
(3) The voluntary statewide early
childhood system shall include the following components:
(a) A process to identify as early as
possible children and families who would benefit from early childhood services;
(b) A plan to support the identified needs
of the child and family that coordinates case management personnel and the
delivery of services to the child and family; and
(c) Services to support children who are
zero through eight years of age 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 Department of Human Services
pursuant to ORS 430.357;
(I) Developmental disability services; and
(J) Other state and local services.
(4) The State Commission on Children and
Families, the Department of Education, the Employment Department and the
Department of Human Services shall jointly:
(a) Consolidate administrative functions
relating to the voluntary statewide early childhood system, to the extent
practicable, including but not limited to training and technical assistance,
planning and budgeting. This paragraph does not apply to the administrative
functions of the Department of Education relating to education programs;
(b) Adopt policies to establish training
and technical assistance programs to ensure that personnel have skills in
appropriate areas, including screening, family assessment, competency-based
home visiting skills, cultural and gender differences and other areas as
needed;
(c) Identify research-based
age-appropriate and culturally and gender appropriate screening and assessment
tools that would be used as appropriate in programs and services of the
voluntary statewide early childhood system;
(d) Develop a plan for the implementation
of a common data system for voluntary early childhood programs as provided in
section 7, chapter 831, Oregon Laws 2001;
(e) Coordinate existing and new early
childhood programs to provide a range of community-based supports;
(f) Establish a common set of quality
assurance standards to guide local implementation of all elements of the
voluntary statewide early childhood system, including voluntary universal
screening and assessment, home visiting, staffing, evaluation and
community-based services;
(g) Ensure that all plans for voluntary
early childhood services are coordinated and consistent with federal and state
law, including but not limited to plans for Oregon prekindergarten programs,
federal Head Start programs, early childhood special education services, early
intervention services and public health services;
(h) Identify how the voluntary statewide
early childhood system for children who are zero through eight years of age
will link with systems of support for older children and their families;
(i) Contract for an evaluation of the outcomes
of the voluntary statewide early childhood system; and
(j) During January of each odd-numbered
year, report to the Governor and the Legislative Assembly on the voluntary
statewide early childhood system. The report shall include the evaluation described
in paragraph (i) of this subsection.
(5) The State Commission on Children and
Families, the State Board of Education, the Employment Department and the
Department of Human Services when adopting rules to administer voluntary early
childhood programs under their individual authority shall adopt rules that are
consistent with the requirements of the voluntary statewide early childhood
system created under this section.
(6) Information gathered in conjunction
with the voluntary comprehensive screening and assessment of children and their
families may be used only for the following purposes:
(a) Providing services to children and
families who give their express written consent;
(b) Providing statistical data that are
not personally identifiable;
(c) Accomplishing other purposes for which
the family has given express written consent; and
(d) Meeting the requirements of mandatory
state and federal disclosure laws. [Formerly 417.748; 2003 c.293 §2; 2005 c.271
§2]
(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 Governors direction, the chairperson of the Commission
for Child Care;
(d) 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;
(e) 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
(f) Twelve members appointed by the
Governor.
(2) The appointments made by the Governor
shall reflect the states 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]
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 417.801. 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, 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 Economic and Community 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 states 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 childrens
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 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 Oregons Children and Families by the 1991-1992 Oregon
Childrens 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 417.801 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]
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 countys 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 main purposes of a local commission on children and families are
to promote wellness for children of all ages and their families in the county
or region, if the families have given their express written consent, to
mobilize communities and to 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
initiatives for children who are 0 through 18 years of age 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 0 through 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 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 417.801 and 419A.170. The local plan, policies and proposed
service delivery systems shall be submitted to the board or boards of county
commissioners for approval prior to submission to the state commission. The
local plan shall be based on identifying the most effective service delivery
system allowing for the continuation of current public and private programs
where appropriate. The local plan shall address needs, strengths and assets of
all children, their families and communities, including those children and
their families at highest risk.
(6) 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 430.258;
(C) Local service plans, developed
pursuant to ORS 430.630, for the delivery of mental health services for
children and their families;
(D) Local public health plans, developed
pursuant to ORS 431.385, that include public health issues such as prenatal
care, immunizations, well-child checkups, tobacco use, nutrition, teen
pregnancy, maternal and child health care and suicide prevention; and
(E) The local high-risk juvenile crime prevention
plan developed pursuant to ORS 417.855.
(7) 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
(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 430.258;
(B) Local service plans, developed
pursuant to ORS 430.630, relating to the delivery of mental health services;
(C) Local public health plans developed
pursuant to ORS 431.385; and
(D) Local high-risk juvenile crime
prevention plans developed pursuant to ORS 417.855.
(12) The state commission, the Governors
Council on Alcohol and Drug Abuse Programs, 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 childrens 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 417.801 and 419A.170. The local
commission must amend the local plan to reflect current community needs,
strengths, goals, priorities and strategies. Amendments become effective upon
approval of the board or boards of county commissioners and the state
commission.
(15) 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. [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]
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
(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)
(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 417.801 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 417.801
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 countys 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 countys 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 Department of
Human Services 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,
(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]
(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
(b) Proven practices of effectiveness and
related
(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; planning. (1) The State Commission on Children and
Families is responsible for coordinating statewide planning for delivery of
services to runaway and homeless youth and their families.
(2) The State Commission on Children and
Families shall lead a process that will allow the state commission, the
Juvenile Crime Prevention Advisory Committee, the Employment Department, the
Department of Human Services, 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. The approach shall include an assessment of service needs,
the integration of existing services and the identification and tracking of a
statewide high-level outcome related to runaway and homeless youth and their
families.
(3) Through the process, the agencies and
other persons and entities involved in the process shall:
(a) Recommend funding mechanisms,
financial resources and policy changes that will support a continuum of
services and that will ensure integration of services among state agencies that
provide services to runaway and homeless youth and their families;
(b) Identify means of service delivery
that are culturally competent, gender specific and evidence based and that
reflect differences in approaches for urban and rural runaway and homeless
youth and their families;
(c) Develop urban and rural demonstration
sites to test effective service delivery models for the urban and rural
populations;
(d) Recommend policies and services that
specifically address the needs and responsibilities of parents of runaway and
homeless youth;
(e) Review existing state laws regarding
parental accountability to determine recommended enforcement levels and examine
new strategies to encourage parents to be accountable for positive development
of their children; and
(f) Recommend policies that integrate a
system of services for runaway and homeless youth into the states continuum of
care for children who are 0 through 18 years of age.
(4) In addition to the state agencies
listed in subsection (2) of this section, the state commission 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 (2) of this section. [2005 c.495 §2]
417.800
State commission to coordinate efforts and make recommendations. The State Commission on Children and
Families 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]
417.801
Local commissions; duties.
Local commissions on children and families shall consider the needs, resources
and support for runaway and homeless youth and their families as part of the
development of local coordinated comprehensive plans. As part of this process,
local commissions shall provide information to the State Commission on Children
and Families on the barriers to local implementation of care and services to
runaway and homeless youth and their families that result from existing state
level policies. [2005 c.495 §5]
(Office of
Childrens Advocate)
417.805
Toll-free child abuse hotline.
The Office of Childrens 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 Childrens Advocate established; appointment; staff. (1) The Office of Childrens Advocate is
established in the Department of Human Services. The office is under the
supervision and control of the Childrens 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
Childrens Advocate and may terminate the Childrens Advocate.
(2) Subject to available funds and the
applicable provisions of ORS chapter 240, the Childrens 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 Childrens 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 Childrens 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 departments 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
departments 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 offices 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 offices
intention to review the departments action, unless the office determines that
advance notice will unduly hinder the review; and
(e) Conduct a review of the departments
action when appropriate, and inform the department of the results of the
review, including any recommendation the Childrens 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 persons employment; or
(c) Denied any right, privilege or
benefit.
(5) If deemed necessary by the Childrens
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.
(c) When adoptions and divorces are filed
with the court, shall collect a $1 fee on each adoption and divorce filed with
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 Childrens Advocate for the
administration of ORS 417.805, 417.810 and 417.815. [1993 c.678 §11; 2003 c.591
§6]
(
417.830
Authority of
(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
(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 countys authority. The authority of
(1) Unless specifically authorized by the
Superintendent of Public Instruction,
(2) Unless specifically authorized by the
State Court Administrator,
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
(b) Provide a forum for presenting and
discussing problems that arise between
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 Human Services 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. [1999 c.1053 §36; 2001
c.900 §111; 2001 c.904 §8; 2001 c.905 §9; 2005 c.503 §8]
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
(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 417.801, 417.850, 417.855, 430.250, 430.255, 430.257, 430.258 and
430.259.
(3) Any documentation required for a
waiver under this section shall be obtained to the greatest extent possible
from material contained in the countys 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 countys 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]
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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