SENATE COMMITTEE ON HUMAN SERVICES

 

 

April 07, 2005                                                                                                         Hearing Room D

3:00 P.M.                                                                                                                      Tapes 57 - 60

 

MEMBERS PRESENT:         Sen. Bill Morrisette, Chair

Sen. Jeff Kruse, Vice-Chair

Sen. Rick Metsger

Sen. Laurie Monnes Anderson

Sen. Charles Starr

 

STAFF PRESENT:                 Rick Berkobien, Committee Administrator

Brittany Kenison, Committee Assistant

 

MEASURES/ISSUES HEARD:

SB 598 – Public Hearing and Work Session

SB 811 – Public Hearing

SB 815 – Public Hearing and Work Session

SB 895 – Public Hearing

SB 973 – Public Hearing

SB 620 – Public Hearing and Work Session

SB 668 – Public Hearing

SB 1005 – Public Hearing and Work Session

SB 870 – Work Session

SB 609 – 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 57, A

003

Chair Morrisette

Calls the meeting to order at 3:07 p.m.  Opens a public hearing on SB 598.

SB 598 – PUBLIC HEARING

020

Rick Berkobien

Committee Administrator.  Explains SB 598 and introduces the -4 amendments (EXHIBIT A).

035

Sen. Alan Bates

Senate District 3.  Testifies in support of SB 598 with the -4 amendments.

078

Sen. Monnes Anderson

Asks Sen. Bates to explain the bulk purchasing program.

080

Sen. Bates

Responds.

090

Sen. Monnes Anderson

Asks about patients taking advantage of purchasing medications in bulk.

100

Sen. Bates

Answers.

105

Sen. Morrisette

Comments on the eligibility of the bulk purchasing program. Closes the public hearing and opens a work session SB 598.

SB 598 – WORK SESSION

115

Sen. Kruse

MOTION:  Moves to ADOPT SB 598-4 amendments dated 4/6/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Metsger

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

120

Sen. Kruse

MOTION:  Moves SB 598 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Metsger

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

SEN. BATES will lead discussion on the floor.

135

Chair Morrisette

Closes the work session on SB 598 and opens a public hearing on SB 811.

SB 811 – PUBLIC HEARING

145

Rick Berkobien

Committee Administrator.  Explains SB 811.

155

Jim Thompson

Policy Advisor, Sen. Gary George, Senate District 12.  Testifies in support of SB 811.

220

Joyce Padilla

Foster Parent.  Citizen, Polk County, Oregon.  Submits and presents written testimony in support of SB 811 (EXHIBIT C).

290

Timothy Travis

Oregon Judicial Department.  Testifies in opposition to SB 811.

310

Kevin George

Foster Care Program Manger, Oregon Department of Human Services (DHS).  Testifies regarding SB 811.

340

Chair Morrisette

Asks if there is a compliance issue.

342

George

Responds.

350

Chair Morrisette

Asks if the compliance issue could be addressed.

360

George

Answers question.

370

Sen. C. Starr

Asks if the federal law states that safety is paramount.

371

George

Answers, yes.

372

Sen. C. Starr

Refers to page two (2) of SB 811.  Comments on the language regarding the safety of the children.

389

Chair Morrisette

Refers to section four (4) of the bill regarding children’s safety.

396

George

Recommends that the Legislative Counsel office clarify the intent of the sections.

403

Chair Morrisette

Comments on permanence and safety.  Asks for Sen. Gary George to testify.

415

George

States his primary concern with SB 811.

430

Chair Morrisette

Asks George if there is an issue with the intent of the bill.

431

George

Answers, no.

440

Sen. Gary George

Senate District 12.  Submits and presents articles on foster care in support of SB 811 (EXHIBIT C).

TAPE 58, A

020

Chair Morrisette

Asks if the language of the bill will impact Oregon’s current law.

025

Sen. George

Defers to George.

028

George

Responds.

032

Chair Morrisette

Asks George to describe potential issues that could develop from the bill passage.

037

George

Responds.

040

Chair Morrisette

States that he does not want a conflict between state and federal laws.  Asks if both parties will work together.

041

Sen. George

Responds, yes.

045

Chair Morrisette

Closes the public hearing on SB 811 and opens a public hearing on SB 815.

SB 815 – PUBLIC HEARING

050

Rick Berkobien

Committee Administrator.  Explains SB 815 and introduces the -2 amendments (EXHIBIT D).

075

Jim Thompson

Policy Advisor, Sen. Gary George, Senate District 12.  Testifies in support of SB 815 with the -2 amendments.

125

Terry Fennell

Vice President, Marion/Polk Foster Parent Association.  Chair, Oregon Foster Parent Association.  Submits and presents written testimony in support of SB 815 (EXHIBIT E).

165

Chair Morrisette

Asks Fennell the children’s ages when they arrived at his home.

169

Fennell

Responds.

170

Chair Morrisette

Asks Fennell to clarify that they did not have background information on the children.

173

Fennell

Responds.

182

Chair Morrisette

Asks if the Department of Human Services (DHS) asks foster parents to take a child.

190

Fennell

Responds, yes.

192

Chair Morrisette

Discusses whether foster parents or DHS has the major responsibility of the child.  Asks Fennell about the questions he asked DHS in relation to background information of a child before he takes them into foster care.

195

Fennell

Responds.  Discusses how he has to ask the “right” questions.

204

Chair Morrisette

Verifies that DHS withholds information if the foster parent does not ask for the information.

205

Fennell

Answers, yes.

208

Chair Morrisette

Asks Fennell to verify that if he does not ask the appropriate questions, that DHS will not volunteer the information.

210

Fennell

Answers, yes.  Provides example.

225

Fennell

Concludes testimony.

230

Don Darland

President, Oregon Foster Parent Association.  Submits and presents written testimony in support of SB 815 with the -2 amendments (EXHIBIT F).

276

Chair Morrisette

Asks Darland to explain why the grievance procedure was eliminated.

279

Darland

Explains that it was deleted by mistake.

280

Thompson

States that the mistake will be fixed.

283

Chair Morrisette

Asks Thompson what he did to accommodate DHS.

285

Thompson

Answers question.

310

Joyce Padilla

Foster parent.  Citizen, Polk County, Oregon.  Submits and presents written testimony in support of SB 815 (EXHIBIT G) and a brochure entitled “Oregon’s Juvenile Dependence Court: A Guide for Foster Parents” (EXHIBIT H).

415

Chair Morrisette

Clarifies that Padilla is referring to page two (2), line nineteen (19) through twenty-one (21), number eleven (11) of the -2 amendments to SB 815.

417

Padilla

Responds.

420

Chair Morrisette

Asks if there is a section in the amendments that addresses foster care parents’ standing in court.

430

Padilla

Answers question.

440

Chair Morrisette

Verifies that foster parents would be included and it would give them standing in court.

443

Padilla

Answers, yes.  Continues testifying in support of SB 815 with the -2 amendments.

TAPE 57, B

020

Padilla

Continues testifying in support of SB 815 with the -2 amendments.

063

Shelby Hudson

Foster parent.  Citizen, Salem, Oregon. Submits and presents written testimony in support of SB 815 (EXHIBIT I).

093

Gary Ledgerwood

President, Marion Polk County Foster Parent Association.  Submits and presents written testimony in support of SB 815 (EXHIBIT J).

125

Timothy Travis

Court Improvement Manager, Oregon Judicial Department.  Submits and presents a report entitled “The Oregon Judicial Department’s Juvenile Court Improvement Project,” with a neutral position to SB 815 (EXHIBIT K).

180

Chair Morrisette

Asks to explain the effect of the statutory language in the -2 amendments to SB 815.

182

Travis

States that he has not seen the -2 amendments.  Asks if he is referring to adding foster parents as a party to the case.

185

Chair Morrisette

Answer, yes.

186

Travis

Explains the statutory language relating to parties involved in a case in the -2 amendments to SB 815.

230

Chair Morrisette

Asks if SB 815 would cause a conflict between state and federal law.

235

Travis

Responds, no.  Clarifies the conflict he was referring to.

237

Chair Morrisette

Asks Travis to clarify his statement regarding federal law.

238

Travis

Clarifies statement.

260

Kevin George

Foster Program Manager, Oregon DHS.  Testifies without a stated position to SB 815 with the -2 amendments.  States concerns with the amendments.

290

Chair Morrisette

Asks George a question regarding confidentiality.

293

George

Responds.  Continues discussing concerns of the -2 amendments.

330

Sen. Gary George

Senate District 12.  Asks Travis to explain the court procedures for foster parents.

335

Travis

Answers question.

340

Sen. George

Testifies in support of SB 815 with the -2 amendments.

370

Chair Morrisette

Ask Travis and George the effects of SB 815 and the -2 amendments.

400

George

Speculates.  States that he cannot say for sure.

415

Travis

Adds speculation.

TAPE 58, B

010

Chair Morrisette

Asks question relating to the rights of foster parents after twelve (12) months.

012

Travis

Answer question.

015

Chair Morrisette

Clarifies that foster parents cannot be a legal intervener under current law during the first twelve (12) months.

016

Travis

Answers, yes.

017

Chair Morrisette

Asks for the definition of a legal intervener.

020

Travis

Responds.

022

Chair Morrisette

Clarifies that SB 815 with the -2 amendments would allow a foster parent to be a legal intervener, immediately.

023

Travis

Responds, yes.  Adds that the right to be an intervener would be taken once the child has left the home.

024

Chair Morrisette

Asks if there is a problem with foster care parents having the right to be a legal intervener, immediately.

025

Travis

Answers.

028

Chair Morrisette

Discusses the need to know the possibilities.  Asks Travis to verify that he believes that the -2 amendments to SB 815 could cause legal issues.

032

Travis

Responds.  Discusses the rights of grandparents.

034

Sen. Kruse

Asks if foster parents have the status of a legal intervener, if they have to participate.

044

George

Answers question.

047

Chair Morrisette

Asks if foster parents have access to confidential documents after the first year.

051

Travis

Answers, yes.

052

Chair Morrisette

Asks Travis to verify that some documentation should be kept confidential from foster care parents.

053

Travis

Answers, yes.

055

Chair Morrisette

Clarifies that the wait time for a foster care parent to be a legal intervener changed from eighteen (18) to twelve (12) months.

060

Travis

Answers, yes.

062

Chair Morrisette

Asks Sen. George if he feels all documentation should be revealed to foster care parents immediately.

063

Sen. George

Responds.

071

Chair Morrisette

Asks about foster parents quitting within one year

075

Travis

Answers question.

089

Chair Morrisette

Asks question relating to the constitutional requirements of foster parents.

090

Travis

Explains.

094

Chair Morrisette

Asks if the status of a legal intervener can be granted on a per case basis.

098

Travis

States that the Judge would make that decision.  Provides speculation.

104

Sen. Kruse

Comments on the intent of the -2 amendments to SB 815.

123

Sen. Monnes Anderson

Comments on having the best interest of the child, and not hindering the current adoption process.

137

Sen. C. Starr

Remarks that there are issues still to be resolved, but that a work session should be held to move the bill.

140

George

Notes that the grievance process was taken out of the bill by mistake.

145

Sen. George

Comments that the grievance process is important and should be added to the bill.

146

Chair Morrisette

Closes the public hearing and opens a work session on SB 815.

SB 815 – WORK SESSION

150

Sen. Kruse

MOTION:  Moves to ADOPT SB 815-2 amendments dated 4/6/05.

 

 

VOTE:  4-0-1

155

Sen. Metsger

States why he will be voting no.

157

 

VOTE:  4-1-0

AYE:               4 - Kruse, Monnes Anderson, Starr C., Morrisette

NAY:               1 - Metsger

 

Chair Morrisette

The motion CARRIES.

170

Sen. Kruse

MOTION:  Moves SB 815 to the floor with a DO PASS AS AMENDED recommendation.

172

Chair Morrisette

Discusses his concerns of the bill, but states that he supports the intent.

210

Sen. Monnes Anderson

Asks if litigation is going to be an issue.

215

Mickey Logan

Senior Assistant Attorney General, Oregon Department of Human Services (DHS).  Discusses the issue of litigation during juvenile hearings.

255

Timothy Travis

Court Improvement Manager, Oregon Judicial Department. Also discusses the issue of litigation during juvenile hearings.

285

 

VOTE:  4-0-1

EXCUSED:  1 - Metsger

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

SEN. GEORGE will lead discussion on the floor.

300

Chair Morrisette

Closes the work session on SB 815 and opens a public hearing SB 895.

 

SB 895 – PUBLIC HEARING

320

Sen. Bruce Starr

Senate District 15.  Testifies in support of SB 895.  Comments on possible amendments to SB 895.

420

Chair Morrisette

Comments on the issues Sen. B. Starr discussed.

425

Michael Dogan

District Attorney, Deschutes County, Oregon.  Testifies in support of SB 895.

445

Sen. Kruse

States that he will support SB 895 if Dogan will verify that the changes proposed by Sen. B. Starr were addressed.

448

Dogan

States that he will verify the changes made.

450

Kamala Shugar

Oregon District Attorneys Association (ODAA).  Testifies in support of SB 895.

TAPE 59, A

005

Chair Morrisette

Asks Shugar to discuss possible unintended consequences that would affect her department.

006

Shugar

Answers question.

020

Sen. Kruse

Discusses the issue of allegations of parents.

022

Shugar

Comments on the intent of disclosure of allegations.

029

Chair Morrisette

Asks Shugar for her opinion of the language of the amendment.

034

Shugar

Responds.

040

Chair Morrisette

States that a work session will not be held on SB 895.

042

Dogan

States that he will work with all parties involved on a solution.

045

Chair Morrisette

Closes the public hearing on SB 895.  Stands the meeting at ease.

056

Chair Morrisette

Calls the meeting back to order.  Opens a public hearing on SB 973.

SB 973 – PUBLIC HEARING

060

Hans Bernard

Legislative Assistant, Sen. Kate Brown, Senate District 21.  Introduces the -1 amendments to SB 973 (EXHIBIT L). Comments that there are still issues to be addressed in the -1 amendments.

075

Robin Pope

Private Attorney, Oregon.  Testifies in opposition to SB 973.  States that she is willing to work toward a solution.

090

Chair Morrisette

Closes the public hearing on SB 973.  Stands the committee at ease.

093

Chair Morrisette

Calls the meeting back to order.  Opens a public hearing on SB 620.

SB 620 – PUBLIC HEARING

094

Rick Berkobien

Committee Administrator.  Explains SB 620 and introduces the -2 amendments (EXHIBIT M).

097

Jim Marquee

Oregon Society of Anesthesiologists.  Testifies in support of SB 620 with the -2 amendments.

110

Bruce Bishop

Oregon Association of Hospitals and Health Systems.  Testifies in support of SB 620 with the -2 amendments.

115

Chair Morrisette

Closes the public hearing and opens a work session on SB 620.

SB 620 – WORK SESSION

125

Sen. Kruse

MOTION:  Moves to ADOPT SB 620-2 amendments dated 4/6/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - C. Starr

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

 

 

 

127

Sen. Kruse

MOTION:  Moves SB 620 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - C. Starr

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

SEN. KRUSE will lead discussion on the floor.

135

Chair Morrisette

Closes the work session on SB 620 and opens a public hearing on SB 668.

 

SB 668 – PUBLIC HEARING

143

Rick Berkobien

Committee Administrator.  Explains the bill and introduces the -1 amendments (EXHIBIT N).

150

Art Keil

Oregon Association of Naturopathic Physicians.  Testifies in opposition to SB 668.

190

Chair Morrisette

Closes the public hearing on SB 668 and opens a public hearing on SB 1005.

SB 1005 – PUBLIC HEARING

195

Rick Berkobien

Committee Administrator.  Explains SB 1005 and introduces the -1 amendments (EXHIBIT O). 

200

Rep. Steve March

House District 49.  Submits and presents an informational packet in support of SB 1005 and the -1 amendments (EXHIBIT P).  Submits and presents written testimony from constituent, Robert Pope, Citizen, Salem, Oregon, in support of SB 1005 (EXHIBIT Q).

240

Chair Morrisette

Closes the public hearing and opens a work session on SB 1005.

SB 1005 – WORK SESSION

245

Sen. Kruse

MOTION:  Moves to ADOPT SB 1005-1 amendments dated 3/29/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - C. Starr

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

255

Sen. Kruse

MOTION:  Moves SB 1005 AS AMENDED to the committee on WAYS AND MEANS without RECOMMENDATION to passage.

255

Sen. Kruse

States why he will not support SB 1005.

260

Sen. Monnes Anderson

States that she will vote aye as a courtesy to the committee on Ways and Means.

270

 

VOTE:  3-1-1

AYE:               3 - Metsger, Monnes Anderson, Morrisette

NAY:               1 - Kruse

EXCUSED:     1 – Starr, C.

 

Chair Morrisette

The motion CARRIES.

280

Chair Morrisette

Closes the work session on SB 1005 and opens a work session on SB 870.

SB 870 – WORK SESSION

287

Rick Berkobien

Committee Administrator.  Explains SB 870 and introduces the -1 amendments (EXHIBIT R).

300

Sen. Kruse

MOTION:  Moves to ADOPT SB 870-1 amendments dated 3/11/05.

315

Chair Morrisette

Asks Berkobien to explain the -1 amendments to SB 870.

316

Berkobien

Explains the -1 amendments to SB 870.

325

Chair Morrisette

Notes that Sen. Monnes Anderson is not in favor of the -1 amendments to SB 870, therefore a work session will not be held.  Discusses the benefits of Oregon Project Independence (OPI).

350

Sen. Monnes Anderson

Notes that the OPI is included in the budget and is not necessary.

365

Chair Morrisette

Closes the work session on SB 870 and opens a public hearing on SB 609.

SB 609 – PUBLIC HEARING

 

Rick Berkobien

Committee Administrator.  Submits the -1 amendments to SB 609 (EXHIBIT S).

400

Sen. Kruse

Submits and reads a letter on behalf of Sen. Jackie Winters, Senate District 10, in support of SB 609 (EXHIBIT T).

TAPE 60, B

010

Elizabeth Ann Barkley

Citizen, Oregon.  Testifies in support of SB 609.

025

Una Swanson

Program Manager, Child Protective Services, Oregon Department of Human Services (DHS).  Testifies in opposition to SB 609.

030

Chair Morrisette

Stands the committee at ease.

032

Chair Morrisette

Calls the meeting back to order.  Asks Swanson to continue her testimony.

035

Swanson

Continues to testify in opposition to SB 609.

050

Chair Morrisette

Asks Swanson if she has a suggestion for SB 609.

053

Swanson

Responds.

062

Sen. Monnes Anderson

Provides recommendations to page three (3), line two (2) of the -1 amendments to SB 609.

075

Timothy Travis

Court Improvement Manager, Oregon Judicial Department.  Refers to page two (2), line ten (10) of the bill.  Asks about the intent of the language.

080

Chair Morrisette

Asks question regarding the section Travis referred to.

082

Travis

Responds.  Asks if with the same scenario, the custodial parent could give the potential defendant a copy of the assessment.

090

Chair Morrisette

States that a work session will not be held on SB 609 today.

097

Berkley

Asks if the bill will be brought back for another hearing.

100

Chair Morrisette

Responds.  Closes the public hearing on SB 609 and adjourns the meeting at 5:50 p.m.

 

 

 

EXHIBIT SUMMARY

 

A.     SB 598, -4 amendments, staff, 2 pp

B.     SB 811, written testimony, Joyce Padilla, 2 pp

C.     SB 811, articles, Sen. Gary George, 1 p

D.    SB 815, -2 amendments, staff, 4 pp

E.     SB 815, written testimony, Terry Fennell, 1 p

F.      SB 815, written testimony, Don Darland, 1 p

G.    SB 815, written testimony, Joyce Padilla, 2 pp

H.    SB 815, brochure, Joyce Padilla, 4 pp

I.       SB 815, written testimony, Shelbee Hudson, 1 p

J.      SB 815, written testimony, Gary Ledgerwood, 1 p

K.    SB 815, report, Timothy Travis, 10 pp

L.     SB 973, written testimony, staff, 1 p

M.  SB 620, -2 amendments, staff, 1 p

N.    SB 668, -1 amendments, staff, 1 p

O.    SB 1005, -1 amendments, staff, 2 pp

P.      SB 1005, informational packet, Rep. Steve March, 75 pp

Q.    SB 1005, written testimony of Robert Pope, Rep. Steve March, 1 p

R.    SB 870, - 1 amendments, staff, 4 pp

S.      SB 609, -1 amendments, staff, 3 pp

T.     SB 609, written testimony of Sen. Jackie Winters, 2 pp