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