SENATE COMMITTEE ON JUDICIARY

 

 

February 24, 2005                                                                                               Hearing Room 343

1:00 P.M.                                                                                                                      Tapes 46 - 48

Corrected 10/26/05

 

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Charles Starr, Vice-Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Charlie Ringo

Sen. Vicki Walker

Sen. Doug Whitsett

 

STAFF PRESENT:                 Joe O'Leary, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD:

                                                SB 229 Public Hearing

                                                SB 230 – Public Hearing

                                                SB 231 – Public Hearing

                                                SB 232 – Public Hearing

                                                SB 233 – Public Hearing

                                                SB 234 – 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 46, A

003

Chair Burdick

Opens the meeting at 1:04 p.m. and opens a public hearing on SB 229, SB 230, SB 231, SB 232, SB 233, & SB 234.

SB 229, SB 230, SB 231, SB 232, SB 233, & SB 234 – PUBLIC HEARING

010

Sen. Kate Brown

Senate District 21.  Discusses the history of the Oregon Law Commission.  Introduces several other witnesses present today, including Wendy Johnson, Deputy Director of the Oregon Law Commission. 

037

Sen. Brown

Talks about the bills facing the committee today.

065

Sen. Brown

Continues discussion on the bills on the docket.

090

Chair Burdick

Commends Sen. Brown on her work with these bills. 

096

Chair Burdick

Closes the public hearing on SB 229, SB 230, SB 231, SB 232, SB 233, & SB 234 and opens a public hearing on SB 233.

SB 233 – PUBLIC HEARING

098

Joe O’Leary

Counsel.  Describes SB 233 relating to mental disease or defect constituting insanity in juvenile delinquency proceedings.

108

Timothy Travis

Court Improvement Manager, Oregon Judicial Department.  Submits testimony and testifies in support of SB 233 (EXHIBIT A).  Explains the purpose of SB 233 and the reasoning behind the need for its passage.

163

Travis

Discusses the statutes being amended by SB 233.

178

Chair Burdick

Introduces the -2 amendment (EXHIBIT B) and inquires if the amendment is a substitute for the original bill.

180

Travis

Replies yes, it is a comprehensive amendment.

184

Karen Andall

Oregon Youth Authority (OYA).  Testifies in support of SB 233.

191

Sen. Beyer

Asks if this bill will change the methods the OYA employs to assist youths.

195

Andall

Responds with information on OYA’s methods.

208

Sen. Beyer

Wonders about the fiscal impact of SB 233.

213

O’Leary

Confirms there is no fiscal impact.

221

Travis

Discusses the reformation plan in the statute.

229

Chair Burdick

Closes the public hearing on SB 233 and opens a public hearing on SB 230.

SB 230 – PUBLIC HEARING

234

Joe O’Leary

Counsel.  Describes SB 230 relating to dependency proceedings in juvenile court.

241

Wendy Johnson

Deputy Director, Oregon Law commission.  Submits work group report on SB 230 (EXHIBIT C).

242

Peter Miller

Lawyer.  Testifies in support of SB 230.  Discusses the topics of guardian ad litem in juvenile courts. 

279

Miller

Cites a recent court case dealing with the topic of guardian ad litem. 

320

Miller

Talks about scenarios where a guardian ad litem would be appointed or needed. 

343

Miller

Discloses the scope of authority for a guardian ad litem.

378

Chair Burdick

Asks for the literal meaning of the term “ad litem.”

382

Miller

Explains the definition of “ad litem.”

397

Julie McFarlane

Oregon Law Commission.  Testifies in support of SB 230.  Expresses her belief that SB 230 could be a model for statutes in other states.

465

McFarlane

Goes over the sections of SB 230.

500

McFarlane

Continues the section-by-section analysis of SB 230.

TAPE 47, A

050

McFarlane

Continues the section-by-section analysis of SB 230.

065

McFarlane

Introduces the proposed -1 amendment (EXHIBIT D).  Continues discussion of SB 230.

100

McFarlane

Continues discussion of SB 230.

143

McFarlane

Details the changes the -1 amendment makes.

155

Sen. Starr

Inquires about the deletion in SB 230 because of the -1 amendment.

164

McFarlane

Explains the reasoning behind the alterations.

178

Sen. Starr

Expresses his confusion on the -1 amendment.

184

Chair Burdick

Shares her opinion on the result of the -1 amendment.

192

Sen. Prozanski

Offers information as to the continued confusion on the changes resulting from the -1 amendment.

207

McFarlane

Explains the changes the -1 amendment will make.  Goes on to talk about the remaining sections in SB 230.

250

McFarlane

Continues the section-by-section analysis of SB 230.

290

McFarlane

Continues the section-by-section analysis of SB 230.

303

O’Leary

Inquires as to the necessity of amending the Oregon Evidence Code due to conflicts with the amendment.

324

McFarlane

Replies that they did not notice the issue during the drafting of the bill.  Emphasizes that she will look into that information.

352

Layne Barlow

Director, Oregon Men’s Association.  Testifies in opposition to SB 230.  Explains their concern on the bill’s definition of “putative fathers.”

363

Chair Burdick

Closes public hearing on SB 230 and opens a public hearing on SB 229.

SB 229 – PUBLIC HEARING

366

Joe O’Leary

Counsel.  Describes SB 239 relating to dependency proceedings in juvenile court.

374

Wendy Johnson

Deputy Director, Oregon Law Commission.  Submits work group report on SB 229 (EXHIBIT E).

375

Linda Guss

Assistant Attorney General, Department of Justice.  Testifies in support of SB 229.  Discusses the amendments SB 229 will make in the current statute.

416

Layne Barlow

Director, Oregon Men’s Association.  Testifies in opposition to SB 229.  Cites court examples concerning the legal authority of guardians and biological parents.

450

Chair Burdick

Closes public hearing on SB 229 and opens a public hearing on SB 231.

SB 231 – PUBLIC HEARING

454

Joe O’Leary

Counsel.  Describes SB 231 relating to delinquency cases.

465

Wendy Johnson

Deputy Director, Oregon Law Commission.  Submits work group report on SB 231 (EXHIBIT F).

466

Michael Livingston

Assistant Attorney General, Department of Justice.  Submits testimony and testifies in support of SB 231 and SB 231-1 (EXHIBIT G).

TAPE 46, B

038

Livingston

Talks about the effects that would result with the passage of SB 231.

070

Sen. Whitsett

Inquires about social records.

075

Livingston

Replies with information on social records.

104

Chair Burdick

Closes public hearing on SB 231 and opens a public hearing on SB 234.

SB 234 – PUBLIC HEARING

107

Joe O’Leary

Counsel.  Describes SB 234 relating to putative fathers in adoption.

115

Wendy Johnson

Deputy Director, Oregon Law Commission.  Submits work group report on SB 234 (EXHIBIT H).

116

Leslie Harris

University of Oregon Law School.  Submits testimony and testifies in support of SB 234 (EXHIBIT I).  Discusses the history of juvenile court proceedings relating to guardianship.

149

Sen. Walker

Wonders about guardianship law.

153

Harris

Replies with information on guardianship in certain situations.  Continues the discussion on SB 234 and the effects after the passage of the bill.

203

Harris

Details a confusing section in Oregon statute that deals with the definition of putative fathers.

231

Harris

Introduces the -2 amendment (EXHIBIT J).

278

Kathryn Garrett

Assistant Attorney General, Department of Justice.  Testifies in support of SB 234.  Discusses the section of SB 234 that amends the definition of “parent.”

315

Garrett

Talks about information on issues of authority.  Clarifies the tribal law conflicts with current statutes.

382

Layne Barlow

Director, Oregon Men’s Association.  Submits testimony and testifies in opposition to SB 234 (EXHIBIT K).

387

Victor Smith

Dads Against Discrimination.  Testifies in opposition to SB 234. 

370

Matt Minihan

Dads Against Discrimination.  Testifies in opposition to SB 234.  Discusses their opposition with the timeframe in the bill.

417

Chair Burdick

Closes public hearing on SB 234 and opens a public hearing on SB 232.

SB 232 – PUBLIC HEARING

428

Joe O’Leary

Counsel.  Describes SB 232 relating to defense of mental disease or defect in juvenile delinquency proceedings.

440

Karen Andall

Oregon Youth Authority.  Submits written testimony of Robert S. Jester in support of SB 232 (EXHIBIT L).

441

Katherine Berger

Submits testimony and testifies in support of SB 232 (EXHIBIT M).

480

Berger

Explains that other states have similar programs, and discusses the decision to establish a juvenile panel under the Psychiatric Security Review Board.

TAPE 47, B

043

Amy Holmes Hehn

Deputy District Attorney, Multnomah County.  Testifies in support of SB 232.  Describes the usual court scenario for youths with mental health issues.

085

Hehn

Details how SB 232 assists youths with mental health issues. 

112

Hehn

Expresses her desire to collaborate with the Oregon District Attorney Association (ODAA) to pass SB 232.

140

Christina McMahan

Deputy District Attorney, Deschutes County.  Testifies in support of SB 232.  Talks about the problems a small county faces when dealing with youths with mental health problems.

176

O’Leary

Inquires about the language of the bill dealing with the certification of psychiatrists.

194

Berger

States that the language was recommended to them, and gives information on their decision.

203

O’Leary

Expresses that in rural counties, it is difficult to find psychiatrists who fit such qualifications.

215

Terry Leggert

Judge, Marion County.  Testifies in support of SB 232.  Details her reasoning for supporting SB 232.

235

Deanne Darling

Judge, Clackamas County.  Testifies in support of SB 232.  Stresses her frustration in current law in this area.  Explains that SB 232 will clarify the methods for dealing with youths with mental health issues.

289

Bob Nikkel

Administrator, Office of Mental Health and Addiction Services, Department of Human Services.  Testifies in support of SB 232. 

322

Walt Beglau

Oregon District Attorneys Association.  Testifies in opposition to SB 232.  Offers his reasoning in opposing this bill.

380

Chair Burdick

Asks about the public safety system and its relationship with dependency issues.

390

Beglau

Concedes there are many mentally ill youths, but stresses the issue of dependency.  Brings up the problem of creating a vast bureaucratic process to deal with a finite number of youths.

415

Claire Corwin-Kordosky

National Association of Social Workers.  Submits testimony and testifies in support of SB 232 (EXHIBIT N). 

465

Angela Kimball

Association of Oregon Community Mental Health Programs.  Testifies in a neutral stance on SB 232.  Raises the issue of funding if this bill is passed.

490

Chair Burdick

Asks the witness for her opinion on SB 232 as a parent of a mentally ill child.

500

Kimball

Stresses her continued support of SB 232 and discusses her son as an example.

TAPE 48, A

039

Dr. Keith Cheng

President, Oregon Council of Child and Adolescent Psychiatry.  Testifies in support of SB 232 and stresses the importance of the passage of this bill.  Gives personal examples of how SB 232 may help the youth mental health system.

081

Cheng

Addresses the fiscal standing of SB 232, and how they may start saving money if the panel was comprised of intelligent and professional individuals.

093

Chair Burdick

Commends the witnesses on their testimony.  Closes the public hearing on SB 232 and adjourns the meeting at 3:00 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 233, written testimony, Timothy Travis, 8 pp
  2. SB 233, -2 amendment, staff, 6 pp
  3. SB 230, work group report, Wendy Johnson, 6 pp
  4. SB 230, -1 amendment, staff, 1 p
  5. SB 229, work group report, Wendy Johnson, 3 pp
  6. SB 231, work group report, Wendy Johnson, 13 pp
  7. SB 231, written testimony, Michael Livingston, 6 pp
  8. SB 234, work group report, Wendy Johnson, 15 pp
  9. SB 234, written testimony, Leslie Harris, 2 pp
  10. SB 234, -2 amendment, staff, 5 pp
  11. SB 234, written testimony, Layne Barlow, 6 pp
  12. SB 232, written testimony, Karen Andall, 1 p
  13. SB 232, written testimony, Katherine Berger, 12 pp
  14. SB 232, written testimony, Claire Corwin-Kordosky, 1 p