Deschutes County Government, Oregon

NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + } .

LC 2115

A-Engrossed

House Bill 2473

Ordered by the House April 18

Including House Amendments dated April 18

Sponsored by Representative LUKE; Representative CLARNO, Senator BRYANT (at therequest of Deschutes County Commission on Children and Families)

SUMMARY

The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure. Repeals sunset of DeschutesCountydemonstrationproject on children and families. Declares emergency, effective on passage.

A BILL FOR AN ACT

Relating to children; creating new provisions; amending sections 1 and 2, chapter 675, Oregon Laws 1993; repealing section 6, chapter 675, Oregon Laws 1993; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. Section 1, chapter 675, Oregon Laws 1993, is amended to read: { + Sec. 1. + } (1) Consistent with the requirements of { - sections 1a to 3, chapter 676, Oregon Laws 1993 - } { + ORS 417.715 to 417.725 + }, the governing body of Deschutes County may establish a demonstration project that authorizes the county to: (a) Within the county, assume responsibility for providing or obtaining some or all services to children and families that primarily focus on the welfare of the child and that would otherwise be provided or obtained by or through one or more state agencies with the exception of child protective services as

described in ORS 418.747 to 418.749 and 418.780 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 section 2 { + , chapter 675, Oregon Laws 1993, + } { - of this Act - } 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 423.550 shall apply to any transferred employees of the Department of Corrections and the provisions of ORS 236.605 to 236.650 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 of the circuit court + } for approval. { - However, - } 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 of the circuit court for the county. (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.

SECTION 2. Section 2, chapter 675, Oregon Laws 1993, is amended to read: { + Sec. 2. + } (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 { - , except that the terms of the first appointees shall be staggered as determined by the appointing authority - } . A member is eligible for reappointment. { - However, if the local commission on children and families

has been appointed pursuant to chapter 676, Oregon Laws 1993, the local commission on children and families shall exercise the duties described in this Act and no local commission shall be established under this subsection. - } (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 of the circuit court for the county 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.

SECTION 3. { + Section 6, chapter 675, Oregon Laws 1993, is repealed. + }

SECTION 4. { + If this Act does not become effective until after June 30, 1995, the repeal of section 6, chapter 675, Oregon Laws 1993, by section 3 of this Act revives sections 1 to 5, chapter 675, Oregon Laws 1993. If this Act does not become effective until after June 30, 1995, this Act shall be operative retroactively to that date, and the operation and effect of sections 1 to 5, chapter 675, Oregon Laws 1993, shall continue

unaffected from June 30, 1995, to the effective date of this Act and thereafter. Any otherwise lawful action taken or otherwise lawful obligation incurred under the authority of sections 1 to 5, chapter 675, Oregon Laws 1993, after June 30, 1995, and before the effective date of this Act, is ratified and approved. + }

SECTION 5. { + This Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Act takes effect on its passage. + }