SENATE COMMITTEE ON JUDICIARY

 

 

April 02, 2003                                                                                                      Hearing Room 343

8:00 a.m.                                                                                                                         Tapes 82-84

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Ted Ferrioli

Sen. Charlie Ringo

Sen. Charles Starr

Sen. Vicki Walker

 

 

STAFF PRESENT:                 Craig Prins, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           SB 69 Public Hearing

                                                SB 431 Public Hearing

                                                SB 104 Public Hearing and Work Session

                                                SB 628 Public Hearing

 

 

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 82, A

003

Chair Minnis

Calls the meeting to order at 8:18 a.m. and opens a public hearing on SB 69.

SB 69 PUBLIC HEARING

008

Craig Prins

Committee Counsel. Introduces SB 69 that modifies references to child, youth and youth offender in general provisions relating to juvenile court, and the -1 amendments (EXHIBIT A).

014

Timothy Travis

Oregon Judicial Department. Submits testimony and testifies in support of SB 69 (EXHIBIT B).

073

Sen. Ringo

Asks where the definition of child can be found.

074

Travis

Explains that it is defined in ORS 419A.004, but it is being changed in Section 1, page 2, line 4,  and page 5 line 18.

089

Sen. Ringo

Asks if the definition is purposely omitted.

095

Travis

Says, yes.

115

Prins

Explains the -1 amendments.

121

Travis

Talks about using the word ward to define a person under the age of 18 in juvenile code.


 

170

Chair Minnis

Closes the public hearing on SB 69 and opens a public hearing on SB 431.

SB 431 PUBLIC HEARING

203

Mary Ann Anderson

Friday Harbor, Washington.  Submits testimony and testifies in support of SB 431 that creates rebuttable presumption that joint custody of child is in best interests and welfare of child (EXHIBIT C).

364

Vice Chair Burdick

Asks about those parents who are not fit.

374

Anderson

Says there are provisions in the bill that provide for the safety of the child.

378

Vice Chair Burdick

Asks at what point that finding would be made.

412

Craig Prins

Committee Counsel.  Suggests that Judge Leggert address this issue.

416

Chair Minnis

Asks about the judge’s decision in Ms. Anderson’s personal experience.

420

Anderson

Explains her daughter’s personal experience.

470

Chair Minnis

Asks why custody was denied

476

Anderson

Said it was an economic issue.

486

Vice Chair Burdick

Asked about why the abuser was given custody.

493

Anderson

Explained that the judge felt that because child custody statutes were so vague, she could do whatever she wanted.

TAPE 83, A

047

Sen. Ringo

Asks if mediation is desirable.

050

Anderson

Says, yes.

052

Sen. Ringo

Asks how one can force two people to agree.

057

Anderson

Says there are statistics that show that mediation works.

085

Sen. Ringo

Wonders about parents having a fundamental right to equal parenting time.

104

Anderson

Says parents have 90 days to agree, and then it goes to court.

116

Judge Terry Leggert

Marion County, Salem, Oregon.  Testifies in opposition to SB 431.  Says she will submit written testimony later in the day.

122

Chair Minnis

Asks when it is appropriate for a court to intervene.

132

Judge Leggert

Says every judge in the state would like to have mediation, but it is a fiscal issue.  Talks about a mandate to have parents devise their own parenting plan.

183

Sen. Ferrioli

Asks for a definition of a rebuttable presumption.

193

Judge Leggert

Explains the concept of rebuttable presumption.

199

Sen. Ferrioli

Expresses his concern about the presumption that both parents should have equal parenting rights.

230

Judge Leggert

Explains joint custody does not necessarily mean 50% parenting time.

311

Sen. Ringo

Expresses concern about a parent being labeled non-custodial.

328

Judge Leggert

Agrees.  Discuses how her court handles this issue.

352

Sen. Ringo

Asks if one parent can be empowered to make decisions.

359

Judge Leggert

Says she would like to see how that would be written into law.

361

Vice Chair Burdick

Asks for an explanation of legal custody versus physical custody.

367

Judge Leggert

Explains the difference.

422

David Anderson

Private Citizen, Portland, OR. Submits testimony on behalf of Emily Cohen and testifies in support of SB 431 (EXHIBIT D).

TAPE 82, B

078

Elaine Walters

Lane County, OR.  Testifies in opposition to SB 431.  Believes there are a number of problems with the bill and points them out.

147

Chair Minnis

Asks why it is not correct to presume joint custody.

156

Walters

Believes that there may not necessarily be joint custody in a marriage.

170

Chair Minnis

Disagrees.  Wonders about a parent who expresses that he does not want joint custody.  Talks about termination of parental rights.

187

Walters

Says that the presumption is the ideal.

295

Kevin Schaumleffle

Attorney, Portland, OR. Submits testimony and testifies in support of SB 431 (EXHIBIT E).

TAPE 83, B

036

Sybil Hebb

Oregon Law Center.  Submits testimony and testifies in opposition to SB 431 (EXHIBIT F).

097

Sen. Ringo

Wonders if there is a stigma attached to the non-custodial parent causing conflict.

103

Hebb

Agrees that such terms are detrimental.

109

Sen. Ringo

Wonders if the parenting plan should be revised to include more information.

115

Hebb

Agrees that it should be possible to create such a plan.

178

Meg Goldberg

Family Mediator, Multnomah County.  Submits testimony and testifies in opposition to SB 431 (EXHIBIT G).  Explains what happens in mediation.

261

Chair Minnis

Closes the public hearing on SB 431 and opens a public hearing on SB 104.

SB 104 PUBLIC HEARING

265

Craig Prins

Committee Counsel.  Introduces SB 104 that adds defined terms youth and youth offender when appropriate in provisions dealing with appeals in juvenile court cases, and the -1 amendments (EXHIBIT H).

294

Michael Livingston

Department of Justice.  Submits testimony and testifies in support of SB 104 (EXHIBIT I).

308

Chair Minnis

Closes the public hearing on SB 104 and opens a work session.


 

SB 104 WORK SESSION

310

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 104-1 amendments dated 03/27/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Walker

318

Chair Minnis

Hearing no objection, declares the motion CARRIED.

319

Vice Chair Burdick

MOTION:  Moves SB 104 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Walker

322

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. STARR will lead discussion on the floor.

330

Chair Minnis

Closes the work session on SB 104 and opens a public hearing on SB 628.

SB 628 PUBLIC HEARING

332

Craig Prins

Committee Counsel.  Introduces SB 628 that expands disclosure of records compiled pursuant to child abuse report.

342

Ginger Martin

Department of Corrections.  Submits testimony and testifies in support of SB 628 with the -1 amendments (EXHIBIT J and K).

390

Kelly Skye

Oregon Criminal Defense Lawyers Association. Testifies in opposition to SB 628, based on the original draft. 

441

Sen. Ferrioli

Asks about the sharing of reports.

472

Skye

Clarifies that it is the law enforcement agencies that have authority to distribute records.

TAPE 84, A

020

Chair Minnis

Discusses the context under which records should be disclosed.

041

Skye

Expands on the disclosure of records.

055

Chair Minnis

Closes the public hearing on SB 628 and adjourns the meeting at 10:10 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 69, -1 amendments submitted by staff, 118 pp

B – SB 69, written testimony submitted by Timothy Travis, 9 pp

C – SB 431, written testimony submitted by Mary Ann Anderson, 4 pp

D – SB 431, written testimony of Emily Cohen submitted by David Anderson, 3 pp

E – SB 431, written testimony submitted by Kevin Schaumleffle, 7 pp

F – SB 431, written testimony submitted by Sybil Hebb, 3 pp

G – SB 431, written testimony submitted by Meg Goldberg, 2 pp

H – SB 104, -1 amendments submitted by staff, 1 p

I – SB 104, written testimony submitted by Michael Livingston, 1 p

J – SB 628, -1 amendments submitted by staff, 4 pp

K – SB 628, written testimony submitted by Ginger Martin, 2 pp

L – SB 431, written testimony of Merle H. Weiner, submitted by staff, 4 pp

M – SB 431, written testimony of Hugh McIsaac submitted by staff, 2 pp

N – SB 431, written testimony of William Howe submitted by staff, 2 pp

O – SB 431, written testimony of Joan Howard submitted by staff, 1 p

P – SB 431, written testimony of Layne Barlow submitted by staff, 3 pp

Q – SB 431, written testimony of Thomas Lakey submitted by staff, 1 p