Page updated 7 June 1999
Section updated 10 January 1999
Two new House Subcommittee Chairmanships of key importance to children's advocates are:
1) Representative Mike Castle (R-DE) replaces former Representative Frank Riggs (R-CA) as the Chair of the Subcommittee on Early Childhood, Youth, and Families of the House Education and Workforce Committee. The Subcommittee is responsible for the school lunch and child nutrition programs, Head Start, the Juvenile Justice and Delinquency Prevention Act, the Runaway Youth Act, child care, child abuse and domestic violence, adoption, anti-poverty programs such as the Community Services Block Grant Act and the Low Income Home Energy Assistance programs, as well as most of the provisions of the Elementary and Secondary Education Act.
2) Representative Nancy Johnson (R-CT) replaces Representative Clay Shaw (R-FL) as the Chair of the House Ways and Means Subcommittee on Human Resources. The Subcommittee is responsible for the TANF (Temporary Assistance to Needy Families) program which replaced the old AFDC program, the Social Services Block Grant, Child Support, and the Supplemental Security Income (SSI) program. Representative Johnson said earlier this week that she plans to focus on children's issues, in particular, reviewing the implementation of the 1996 welfare law and taking a closer look at the child welfare system and federal oversight of child care programs.
Section updated 7 June 1999
Senate Measures Directory Tree
Ex-legislator Liz VanLEEUWEN filed this pet bill, to allow AFS to cut off grants if a parent doesn't keep a kid in school. Presumably, the $100 fine would also apply, further compounding the problem. Died without hearing.
Ex-legislator Liz VanLEEUWEN filed this pet-that-went-nowhere-last-session (when she headed a committee!), to require SCF to release records to grandparents. As written, it requires [1] the court to find that release is in the child's best interests, or [2] the parents, lawyers & CASA agree to the release. Also included are people with intervenor status or visitation rights by order. Died without hearing.
Ex-legislator Liz VanLEEUWEN filed this bill, to move some Executive Department functions over to the Legislative Department. Don't expect this to go anywhere; the cost is enormous and the frustration never-ending, because of the balance of powers, and the confidentiality releases required to explore all facets of a case.
Establishes Legislative Specialist on Children and Families within office of Legislative Counsel. Directs specialist to research complaints, upon request of legislator, about state agencies that administer programs serving children and families. Prescribes other duties and powers of specialist. One public hearing, Jan 28th
Ex-legislator Liz VanLEEUWEN had this bill filed, to cause SCF workers to report any "suspicious activity or fugitive felon" we know about. Not likely to go anywhere, because of the difficulty in enforcing such a law, and the perpetual legal battles over any discipline because of what an employee "reasonably knew". In practice, I believe felon notice already happens in most cases. There is no provision in this law to protect SCF workers who report criminal activity that results in a failed bust. Nor is there a requirement that police do anything about the reports.
{ + (2) Notwithstanding subsection (1) of this section, an employee of the Adult and Family Services Division or the State Office for Services to Children and Families shall notify the appropriate law enforcement agency of the presence of any person known to the employee to be a fugitive felon in the home of a recipient of public assistance. The employee shall also report to the law enforcement agency any activity being conducted in the home of the recipient that the employee has reasonable cause to believe is criminal activity. + }
Died without hearing.HB 2171 Moves Children's Ombudsman to DHR from State Commission
Filed at the request of Governor's Advocacy Office. Eliminates career appointments and staffing [currently a 4-year term], makes Children's Ombudsman serve "at the pleasure of the Director of DHR". Creates a "single place to file complaints concerning the actions and conduct of SCF", and establishes a mandatory state-wide IN-WATS line for complaints and information.one public hearing, Jan 28th.
HB 2206 Allows early release of some youth offenders
OYA requested this bill to reduce sentences on some clients convicted at ages 15, 16 or 17. one public hearing, Feb 8th.
HB 2262 Requires schools to release info to CPS, MH & LEA
"to ensure effective service to the student ... prior to adjudication". Requires SCF, Mental Health & LEA's to certify in writing to school that they will not re-disclose the information without prior written consent of child's parent/guardian. At request of Juvenile Dept Directors Assn. Also, see expanded idea in (dead bill) HB 2499. Public hearing Jan 20th, Work Session April 30th; in House Education committee.
Allows all infractions, violations and misdemeanor theft, vandalism, destruction and tampering to bypass Juvenile Court, be handled by Municipal courts. SIGNED BY GOVERNOR May 3; effective 90 days after end of session.
Sen Kevin MANNIX introduced this to require a legislative audit of all child-serving programs, with a report back to the legislature by August 2000. Also calls for Annual reports by all child-serving agencies to the State Commission on Children & Families. Calls for comprehensive local plans for each community, and requires local staff of each agency to "actively participate" in the development of the local plan. Oddly, ignores "Southern Maine Study" but requires a list of items to implement from the silly Children's Care Team Task Force [1991-1992]. Several hearings and a work session held in House Human Resources in February; no further action (buried in Ways and Means committee for funding approval)
Kevin MANNIX introduced this bill to require any adult to report suspected child abuse.Public hearing Feb 23rd; no further action.
Changes the hourly rate for attorneys doing indigent defense from $30 to $75. Has been proposed for years, never goes anywhere. One public hearing Jan 27th. No further action.
HB 2307 Increases penalties for assaulting infants
Recklessly causing physical injury to a kid under age 2 becomes Assault II, a class B felony; recklessly causing serious physical injury becomes Assault I, a Class A felony. Passed House May 7th; now in Senate Judiciary committee.
Liz VanLEEUWEN introduced this bill to sort of overturn court orders in matters of "defacement or destruction of property", where persons convicted of such crimes are not ordered to pay restitution. In such cases, AFS may withhold their grant. If they are ordered or subsequently agree] to pay restitution, AFS can withhold half of their grant [but not to pay off the restitution, just to punish 'em!] Died without hearing
Liz VanLEEUWEN moves to amend the law that allows foster parents and their children to use State Parks for free, by requiring that ANY out-of-state user of a state park shall pay a higher fee for day or overnight use. Died without hearing
Sen Bill MORRISETTE, Springfield, wants to remove the exemption from child neglect laws that applies to children under treatment "solely by spiritual means pursuant to the beliefs & practices of the child or parents". DA's oppose his change. Died without hearing
HB 2377 Creates "American" racial/ethnic classification
Rep Roger BEYER wants to create this category ["American"] on all forms listing possible racial or ethnic identification classes. Even includes a formula for redistributing "Americans" to other ethnic categories if the Feds won't recognize "American". [Is that "North" or "South" or "Central"?] Died without hearing.
HB 2396 Moves firearm-related juvenile matters to adult court
Allows waiver of kids over 15 to adult court for any crime in which a youth used or threatened to use a firearm. Passed out of Criminal Law committee May 20th; awaiting House approval.
Rep Steve HARPER, R-53, wants to permit tip credit against minimum wage, and reduced "starting wage" for those under 18 years. Died without hearing; but see HB 2793, which is passing.
Representative HARPER, R-53, at the request of Associated Oregon Industries, proposes to bring workers back from Family Medical Leave Act into "available equivalent positions" instead of being restored to their job. If no position is "available", employee will be offered a position "within 20 miles of work site". Essentially deletes the protection to come back to the same office and position, even if only gone for a few weeks. Passed House April 14; in Senate Business and Consumer Affairs, hearing May 7th, work session May 21
Rep MORRISETTE, Springfield, wants SCF to conduct an investigation of ALL reports of child abuse and neglect. If there is not a "complete investigation" [assigned to a PS worker or police for immediate or delayed response], then SCF shall promptly conduct a family assessment that is "family centered and non-stigmatizing", identify strengths and weaknesses, develop a safety plan, and SCF shall not assign an investigative finding to cases where the Family Assessment approach was used, nor report them to the central registry.Died without hearing.
HB 2499 Requires schools to share info with LEA, et al
Expands on HB 2262, and requires interagency agreements to share info, identify problem children, and provide services prior to any adjudication. Brought by Rep MORRISETTE, Springfield [home of Thurston HS]. Died without hearing
HB 2537 Creates Interim Task Force on SCF
Rep KRUSE [Roseburg] wants to create a Joint [House & Senate] group to "gather information about SCF", "evaluate the structure of SCF", and "propose improvements for program effectiveness". None of these are defined, nor is the budget. The "committee work plan" can be modified at the request of the chairman. The task force shall report findings and recommendations to an interim committee by 1 October 2000. Amended in Human Resource committee, referred to Ways and Means May 11th. Also see HB 2714
HB 2561 Delays Collective Bargaining until after contract expires
Kevin MANNIX and friends Reps BUTLER, HARPER, MINNIS, SUNSERI & WITT want DAS to delay bargaining about salary adjustments until after the legislature appropriates funds for each agency. Brings home the message, better than any Union flyer, that each state employee must become involved in politics, letter-writing, e-mailing and lobbying. We couldn't hire better Union organizers! Public hearing held April 20th in General Government committee
HB 2599 Allows runaways to be taken into protective custody
And placed in shelter homes, especially if a kid refuses to go or stay home. At the request of League of Oregon Cities, and city of Eugene. Passed House April 12th; in Senate Judiciary committee, hearing May 12th, Work Session May 19th
HB 2714 Creates Joint Interim Task Force on Children.
Roger BEYER proposes a task force similar to Rep KRUSE's HB 2537, but would encompass ALL state and local agencies serving children [not just SCF]. Otherwise, identical to 2537. Passed out of Human Resources committee May 12th, referred to Ways and Means committee for funding.
Rep Randy LEONARD proposes to require parents to attend, and forbids employers to retaliate for parental absence from work due to such attendance. Passed House on May 14th, now in Senate Judiciary committee.
Rep PIERCY wants Local Commissions on Children and Families to develop a plan to deal with homeless, runaway and abandoned youth, prior to September 2000. No funds attached. See companion bill HB 3185. Public hearing April 20
House Committee on Revenue moves to remove cap [now 11% of enrollment] on number of kids qualifying for "Target Grants" of $4500. Died without hearing.
Rep MORRISETTE calls for a legal holiday "on the last day of a millenium". Yah! Bill!! Died without hearing
Expands definition of child abuse to include Negligent "supervision, resulting in endangering the child's health or welfare". At the request of Patti MILNE, ex-legislator. Also see HB 3112. Died without hearing.
Currently is a violation, fine only. Adds larger fine, year in jail. Died without hearing.
Rep PIERCY's suggestion to complement her HB 2899, requires SCF to provide services and care to ALL children who are in need, including, but not limited to, runaways and homeless children. This would require many more staff for SCF. Died without hearing.
Multnomah County Commissioner Sharron KELLY wants $520,000 allocated through the Local Commission on Children and Families for a child abuse receiving center. Costs twice as much as a task force, would serve thousands more people, but competing for straight General Fund $. Died without hearing.
Mrs GILMAN of Corvallis refused to let the police examine her injured child, and got arrested for her trouble and defiance. She now proposes a "first time" exemption for child abuse (unless the child is in "immediate" danger of "serious" bodily harm). This bill calls for LEA's to conduct investigations, and SCF to conduct assessments, separately [not jointly, as now]. Guts the provision about "injuries that appear at variance with the explanation given", and "physical abuse" now means "an injury that requires a doctor's attention." Requires child abuse reports to LEA's only, not SCF, and SCF must immediately report any complaints to LEA. Deletes provision protecting health care providers who share information with SCF, and moves SCF out of investigation aspects of case. Community response to her defiance of police, and her beating her child with a spoon, appears to not support her position, despite the mass mailing and her otherwise-sound Christian principles.Tap-tap hearing April 20th.
Authorizes almost $6.6 billion for DHR operation, including $2.3 billion from the General Fund, and including $545 million for SCF funding, of which $250 million is General Fund
Authorizes $144 million for Oregon Youth Authority, including $101 million General Fund and $27 million Federal Funds, for the next biennium.
Funding bill, authorizes nearly $144 million for continued operation, including over $101 million from the General Fund.
Funding bill to delete over $5 million from SCF budget, add $40 million to SDSD budget, $2 million to OMAP, and cut $8 million from AFS, along with sundry minor ["less than a million"] changes to other DHR budgets. Purely housekeeping.
Requires OYA to contract with a private provider for a youth correction facility, "unless OYA can show they can operate it themselves in a more cost-effective and secure manner than a private provider." No duh! tap-tap hearing April 21st.
Would become a class C felony, 5 years or $100,000. Died without hearing.
Any telephonic, mailed, spoken or otherwise communicated indirect or direct threat to cause physical harm to a public servant, including police, judges and social workers, becomes a class C felony. tap-tap hearing April 16th
Applies to both parent and child, with certain findings by the court. Passed out of Judiciary committee, referred to Ways and Means committee May 11th.
Another Marilyn SHANNON tactic, to spend a quarter million bucks on yet another study. What was wrong with the first one? [Southern Maine] Don't look for this to go far, at this cost. Died without hearing.
DAS requested exemption for name and "other identifying characteristics" of applicants for employment [273] and for information that "would jeopardize the security of an employee" [267]. Agriculture asked for exemption for folks who report or pay assessments to commodity councils [230]. Local 412 is seeking exemption of "date of birth" [SB975-A] as a unique identifier which we provide to our employer only for administration of benefit programs, and therefore should not be released upon other request.
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And manages to authorize the Director to re-organize the Department any way "considered necessary", and allows financial grants to local governments, non-profit organizations and individuals to carry out the Department's responsibilities." Expect big changes and a clamoring for contracts and "grants". Passed Senate May 20th.
Dept of Justice bill to require State Vital Records registrar, SCF and Multi-Disciplinary Teams to assess each case of unwed mother under 17, to see if a sex crime was committed, and to secure child support enforcement. passed out of committee April 14th, but Senate floor sent it back to Health & Human Services committee.
SCF asks that name, address and other identifiers of foster homes be kept confidential, not allowed for public inspection. Passed Senate May 24th.
This SCF-requested bill will bring Oregon into more compliance with the 1996 Federal Laws, and sets up the rules for Permanency Hearings [formerly Dispositional Reviews]. Defines Permanent Foster Care as we now know it, adds "Planned Permanent Living Arrangement" which means "other than adoption, relative placement, or legal guardianship that is consistent with the case plan and in the best interests of the child." Amended, passed out of Judiciary committee, now in Way and Means, with hearing activity.
Senator FISHER wants a "neutral representative" or attorney present at any interviews of child or parent, or SCF must videotape the interview. SCF must notify parents of the right to have an attorney present before any agreements are entered into; if not, then agreement is null and void. Calls for early disclosure of written reports, or exclusion from use in court process. Public hearing March 1; no further action.
Moves CASA program from State Commission to Judicial Department, with the Chief Justice appointing a planning and advisory committee to recommend changes. Appropriates $5 million from General Fund for the biennium. Hearings and work sessions in Senate Judiciary committee May 10 and 17.
Adds to definition of negligent treatment, that using, involvement in manufacture or distribution of methamphetamine constitutes negligent treatment of a child in such person's care. Died without hearing.
Marc KRAMER got Senator BROWN to introduce this extra step which allows the juvenile court and court of appeals to review SCF's decision about an adoption if the CASA, attorney, former foster parent, intervenor, or adoptive applicant is unhappy with SCF's decision. [No wonder they appointed 16 more judges in SB 65!]. Amended and passed Senate May 12th
Repeals statute requiring Multi-Disciplinary Teams; puts CAMI account in SCF, for funding, accounting and reporting. At request of Rosemary ADAMSKI. Died without hearing.
Joanne and Claude DERR, and 17 legislators want to include shirttail relatives ["any person related by blood, marriage or adoption, including step-parents, cousins....] in Extended Family, and then define a "Family Unity Meeting" as "a meeting of the extended family to find a means of keeping the family together." tap-tap hearing April 22.
Extends benefits and preference to temporary employees if they exceed the six month limit. Died without hearing
Funding bill, authorizes nearly $65 million for continued operation, including almost $46 million General Fund dollars. Passed Senate May 20th.
Grandparents for Family Justice and Sen TARNO want a referendum on this non-protective idea: don't remove any children unless the parent is charged with a crime, and arrested before any removal takes place. And, if the parent is not convicted within 60 judicial days [3 months] of removal, the child must be returned home. We'll certainly need all those new judges in SB 65! Died without hearing.
Updated 7 June 1999