HOUSE COMMITTEE ON JUDICIARY

 

 

April 28, 2003 Hearing Room 357

1:00 p.m. Tapes 163 - 164

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Jeff Barker

Rep. Bob Jenson

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

STAFF PRESENT:                  Bill Taylor, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            SB 167 Public Hearing and Work Session

                                                SB 18A Public Hearing

                                                SB 70A Public Hearing and Work Session

                                                SB 71 Public Hearing and Work Session

                                                SB 72A Public Hearing and Work Session

                                               

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 163, A

004

Chair Williams

Calls the meeting to order at 1:08 p.m. Opens a public hearing on SB 167.

SB 167 PUBLIC HEARING

012

Karen Brazeau

Director, Oregon Youth Authority. Submits testimony and testifies in support of SB 167 which provides that Oregon Youth Authority (OYA) is liable for damages to third parties resulting from intentional torts of youth offender who is residing in youth offender foster home certified by authority (EXHIBIT A).

030

Rep. Macpherson

Asks what the obligation of the OYA is in providing coverage to foster parents.

060

Brazeau

Answers that they have made some payments, but have not had to make extensive payments.

072

Chair Williams

Notes that there are standards that the foster family has to prove before they get reimbursed. Closes the public hearing on SB 167 and opens a work session on SB 167.

 

SB 167 WORK SESSION

093

Rep. Prozanski

MOTION:  Moves SB 167 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Jenson, Shetterly

096

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ACKERMAN will lead discussion on the floor.

110

Chair Williams

Closes the work session on SB 167 and opens a public hearing on SB 18A.

SB 18A PUBLIC HEARING

115

Bob Joondeph

Oregon Advocacy Center. Submits testimony and testifies in support of SB 18A which directs Department of Human Services to ensure that designee conducting investigation of alleged abuse of mentally ill or developmentally disabled adult receives training and consultation necessary to conduct thorough and unbiased investigation (EXHIBIT B).

160

Rep. Krummel

Comments on the language of the bill.

186

Joondeph

Gives his opinion.

213

Bill Taylor

Committee Counsel. Asks about the definition of neglect and if that includes those that are without care.

218

Joondeph

Responds that this law only pertains to people that are receiving services.

243

Taylor

Asks what happens if someone is in the program and their services are reduced.

252

Joondeph

Answers that it could only be possible abuse if a person is receiving a particular service inadequately.

277

Chair Williams

Comments on reductions to budgets and how that will affect county programs.

308

Joondeph

Believes that the chance of this creating litigation does not exist.

327

Eva Kutas

Department of Human Services, Health Services. Investigates abuse of mental patients. Testifies in support of SB 18A.

361

Jim Russell

Director, Mid-Valley Behavioral Care Network. Testifies on SB 18A and believes that SB 18A may need to be referred to the Ways and Means Committee.

376

Scott Parker

Special Counsel, Association of Oregon Counties. Testifies on SB 18A. Expresses his concerns that the bill could cause Oregon and the service providers a lot of trouble.

430

Rep. Krummel

Asks if Mr. Parker is concerned that they could be sued because of the broad statement on page 2 of the bill.

450

Parker

Answers, yes, they are very concerned about the language. Says that the county would be the first named defendant if there was a lawsuit and the state the second.

468

Rep. Jenson

Asks if the liability will come back to the state.

 

TAPE 164, A

025

Parker

Says that they would hope so, but it’s not clear.

033

Rep. Jenson

Wonders if the bill could be amended to make the language more specific.

041

Parker

Says that would be very helpful.

050

Rep. Jenson

Asks if the issue of neglect should be addressed in the statute somewhere.

055

Russell

Answers that seems fair.

061

Chair Williams

Closes the public hearing on SB 18A and opens a public hearing on SB 70A.

SB 70A PUBLIC HEARING

075

Wendy Johnson

Oregon Law Commission. Submits testimony and testifies in support of SB 70 which creates procedure for establishment of guardianship in juvenile court (EXHIBIT C).

090

Lisa Kay

Juvenile Rights Project. Testifies in support of SB 70A.

172

Kay

Discusses Section 5 of the bill.

234

Vice Chair Ackerman

Asks how the court has the ability to substitute guardians.

242

Kay

Answers that it is in the section regarding modification.

256

Rep. Jenson

Inquires about Section 2 and what the difference is between subsection 2 and subsection 3.

266

Kay

Answers that the Indian Child Welfare Act  in subsection 2 requires a higher burden of proof to establish guardianship.

289

Chair Williams

Asks for an example of a child that would require a guardianship.

298

Kay

Gives an example.

323

Chair Williams

Closes the public hearing on SB 70A and opens a work session on SB 70A.

SB 70A WORK SESSION

349

Rep. Shetterly

MOTION:  Moves SB 70A to the floor with a DO PASS recommendation.

 

 

VOTE:  9-0

356

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. JENSON will lead discussion on the floor.

367

Chair Williams

Closes the work session on SB 70A and opens a public hearing on SB 71.

SB 71 PUBLIC HEARING

371

Wendy Johnson

Oregon Law Commission. Submits testimony and testifies in support of SB 71 which authorizes service of summons by mail in juvenile dependency proceedings (EXHIBIT D).

405

Rep. Prozanski

Asks what the history is as to why the service by mail was an alternative process.

441

Johnson

Says that it was written into the bill last session as an alternative process.

TAPE 163, B

039

Chair Williams

Closes the public hearing on SB 71 and opens a work session on SB 71.

SB 71 WORK SESSION

042

Rep. Barker

MOTION:  Moves SB 71 to the floor with a DO PASS recommendation.

 

 

VOTE:  9-0

045

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

051

Chair Williams

Closes the work session on SB 71 and opens a public hearing on SB 72A.

SB 72A PUBLIC HEARING

053

Bill Taylor

Committee Counsel. Introduces SB 72A which modifies provisions dealing with intervention and rights of limited participation in juvenile dependency proceedings.

054

Wendy Johnson

Oregon Law Commission. Submits testimony and testifies in support of SB 72A (EXHIBIT E).

056

Linda Guss

Assistant Attorney General, Department of Justice. Testifies in support of SB 72A.

137

Chair Williams

Asks about the effective dates.

138

Guss

Explains the dates.

187

Chair Williams

Closes the public hearing on SB 72A and opens a work session.

SB 72A WORK SESSION

197

Rep. Macpherson

MOTION:  Moves SB 72A to the floor with a DO PASS recommendation.

 

 

VOTE:  9-0

206

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. BARKER will lead discussion on the floor.

209

Chair Williams

Closes the work session on SB 72. Adjourns the meeting at 2:15 p.m.

 

 

EXHIBIT SUMMARY

 

A – SB 167, written testimony, submitted by Karen Brazeau, 1 pg.

B – SB 18A, written testimony, submitted by Bob Joondeph, 1 pg.

C – SB 70A, Report, Juvenile Code Revision: Guardianship, submitted by Wendy Johnson, 6 pgs.

D – SB 71, Report, Juvenile Code Revision: Service by Mail, submitted by Wendy Johnson, 4 pgs.

E – SB 72A, Report, Juvenile Code Revision: Intervenor/Rights of Limited Participation, submitted by Wendy Johnson, 4 pgs.