Oregon Bulletin

July 1, 2012

Oregon Commission on Children and Families , Chapter 423

Rule Caption: Waiver of requirements of Local Commissions codified in OAR due to reduced state and local resources and staff capacity.

Adm. Order No.: OCCF 1-2012

Filed with Sec. of State: 6-1-2012

Certified to be Effective: 6-1-12

Notice Publication Date: 5-1-2012

Rules Amended: 423-010-0023, 423-010-0026

Subject: HB 4165, enacted during the 2012 Legislative Session, sunsets the Oregon Commission on Children and Families on June 30, 2012 and transitions all of its functions to other entities. Funding for Local Commission administration was reduced in the 2011–13 budget. Therefore, the State Commission is amending the stated administrative rules in order to maximize limited resources and focus staff work toward meeting statutory obligation and transition process.

Rules Coordinator: Sandra Flickinger—(503) 378-5125


Categorization and Limitation of Local Commission Costs

(1) Basic Capacity:

(a) The State Commission determines a biennial allocation of funds to assist Local Commissions in the costs associated with functions related to the Local Commission office. County Basic Capacity allocations may be used for activities in accordance to the limitations in 423-010-0023(5) for costs associated with operating an office, which include functions such as policy and planning, evaluation of state and local outcomes, information systems, fiscal and budget, communications, personnel, reception, general correspondence, contracting processes, mapping systems, designing and assessing strategies, and other related functions of the Local Commission office. Basic Capacity may also be used for costs associated with the monitoring of contracts, quality control, and the measurement of outcomes to determine the efficiency and effectiveness of an activity.

(b) Each county must provide the State Commission information on the Local Commission staffing structure that, at minimum, meets the requirements of ORS 417.760(1)(b) and continues activities to meet the county’s Local Commission obligations as detailed in OR 417.760 through 417.787 and State Commission on Children and Families Oregon Administrative Rules.

(c) The Executive Committee of the State Commission may waive the 2.0 full-time equivalent staff requirement only when the following criteria have been met:

(A) A plan for staffing is submitted to the Agency that includes a detailed description of how the staffing plan meets the requirements of the Partnership Agreement and accomplishes critical areas of the Components Document and documents in-kind, volunteer assistance or other methods to meet those requirements.

(B) A review is completed by the Agency of past performance of the Local Commission, including meeting timelines, monitoring and compliance requirements, and quality of plans and outcomes.

(C) A written description is provided to the Agency that demonstrates that there is no real or perceived conflict of interest or conflict with ORS 417.775(2) (a), which prohibits Local Commissions from providing direct services.

(D) Letters or other form of written communication that supports the waiver request are provided from community partners from formal and informal systems that work regularly with the Local Commission in accomplishing its work.

(E) Written evidence of the Local Commission recommendation and BOCC support.

(F) If the Local Commission disagrees with the decision of the Executive Committee, it may request reconsideration of the decision at the next regularly scheduled meeting of the Executive Committee. Following that, the Local Commission may appeal the decision to the State Commission at its next regularly scheduled meeting.

(d) Funds remaining in the Basic Capacity allocation after meeting the requirement of 423-010-0023(1)(a) may be used for Community Mobilization or programs or services to children and families that are identified in the Local Plan.

(e) Basic Capacity appropriations cannot be carried from one biennium to the next pursuant to OAR 423-010-0027(7) and (8), but will revert to the State if not obligated or expended at the end of the biennium.

(2) Community Mobilization: Counties may allocate funds for the purposes of community mobilization activities and strategies from locally invested funds as defined in OAR 423-001-006 (20). All community mobilization activities and strategies funded with locally invested funds must use proven practices of effectiveness and outcomes data must be reported for each activity and strategy.

(3) Medicaid (Title XIX): Local Commissions may allocate a combined total of up to 5 percent from Medicaid (Title XIX) claims for reimbursement of documented costs of administering Medicaid (Title XIX). There is no limit to the amount of Medicaid (Title XIX) claims that can be allocated to service providers so long as the Medicaid (Title XIX) earnings are reinvested in the program from which they were earned.

(4) Local Commissions may allocate up to a total of 4 percent of Healthy Start General Fund for contract management functions.

(5) Limitation on Usage:

(a) Consistent with the terms and conditions in the Intergovernmental Agreement, all budget allocations will be directly related to at least one strategy in the Local Plan, meet the purpose and restrictions of each program area and grant stream, and have measurable outcomes.

(b) Service provider contracts: Counties may allocate funds to providers for the cost of services or activities to children and families, however all services or activities must be identified in the Local Plan.

(c) Services and programs funded by another federal or state funding source cannot be funded with OCCF dollars when blending of those funds are not allowed by state or federal agreements or when duplication will occur.

(d) County Indirect/Direct Cost Assessment: Counties may assess direct and indirect charges from the Basic Capacity funding stream at an assessment no higher than 10 percent of the total annual Local Commission allocation from the Agency less funding streams expressly disallowed by state or federal statute or rule. This rule is subject to monitoring and review by the Agency.

(6) A Local Commission may not provide direct services as defined in OAR 423-001-0006(11). However a Local Commission may provide direct services for children, youth or families for a period not to exceed six months under conditions determined in ORS 417.775(2)(a) through (b). The State Commission will not allow an extension beyond six months. Local Commissions not in compliance with this section will be subject to withholding of funds described in OAR 423-010-0027(9).

(7) Agency Approval: Budget allocations effectuated pursuant to the Intergovernmental Agreement and amendments will be subject to Agency review and approval.

Stat. Auth.: ORS 417.705 - 417.797
Stats. Implemented: ORS 417.705 - 417.797
Hist.: CCF 3-1994, f. & cert. ef. 5-18-94; CCF 1-1995, f. & cert. ef. 8-1-95; CCF 1-1997, f. 12-15-97, cert. ef. 12-19-97; OCCF 1-2002, f. & cert. ef. 1-14-02; OCCF 1-2004, f. & cert. ef. 9-15-04; OCCF 3-2007(Temp), f. 5-8-07, cert. ef. 5-11-07 thru 9-7-07; Administrative correction 8-16-07; OCCF 2-2008(Temp), f. & cert. ef. 6-30-08 thru 11-25-08; OCCF 3-2008, f. & cert. ef. 12-12-08; OCCF 1-2012, f. & cert. ef. 6-1-12


Plan Approval

(1) The State Commission may delegate authority to the Agency to approve plans, plan updates and plan amendments, or budgets. If a Local Commission contests an Agency recommendation or decision, the Local Commission may appeal the recommendation or decision to the State Commission.

(2) Local Plans will be for six years in duration from the time of approval by the State Commission Representatives from Local Commissions may participate in the development of the format and process. During the six year plan duration, a plan may be amended as needed by the county to respond to new issues or opportunities. The Agency will review plan amendments following a similar process as the plan approval. (3) The State Commission will review and approve the Local Plan and amendments, except for any portions pertaining to alcohol and drug prevention and treatment plans, local mental health service plans and public health plans, in conjunction with other child- and family-serving state agencies as noted in ORS 417.735(4). All plans and plan amendments must meet the following minimum requirements:

(a) Signed by the Board of County Commissioners,

(b) Meets guidelines developed through state and local agency collaboration and provided in advance to counties, and

(c) Demonstrates that appropriate systems and planning connections were met, such as inclusion of diverse populations and broad involvement by citizens and organizations.

(4) Under the conditions outlined in ORS 417.735(4), the State Commission may disapprove a Local Plan in whole or in part only upon making specific findings that the Local Plan substantially fails to conform to the principles, characteristics and values identified in ORS 417.710-417.725 and 417.735(4), for failure to address the elements required in OAR 423-010-0026(3), or that the Local Plan fails to conform with the planning process requirements of ORS 417.775. If the State Commission disapproves a Local Plan in part or whole, the State Commission will provide the Local Commission with written comments on the areas of the Local Plan that led to the disapproval within 90 days of the receipt of the plan. If the State Commission disapproves only part of the Local Plan, the remainder of the Local Plan may be implemented. The Agency will provide technical assistance for remedying the deficiencies in the planning process or the local early childhood system planning. The State Commission will set a date by which the Local Plan or the deficient portion thereof will be revised and resubmitted.

(5) The State Commission approval or disapproval will not apply to the components of the Local Plan or amendments that relate to local alcohol and drug prevention and treatment planning, local public health or mental health service plans, or high-risk juvenile crime prevention planning.

(6) Following approval of a Plan or plan amendment, the State Commission, or its delegate, will send to the BOCC a notification of plan approval, including any special conditions attached to the approval and any actions required before disbursement of funds to implement the plan.

Stat. Auth.: ORS 183 & 417.705 - 417.797
Stats. Implemented:
Hist.: JSC 1-1984, f. 12-28-84, ef. 1-1-85; JSC 1-1986, f. & ef. 12-29-86; CCYS 3-1990, f. & cert. ef. 12-24-90 (and corrected 3-5-91); CCF 2-1994(Temp), f. & cert. ef. 3-10-94; CCF 3-1994, f. & cert. ef. 5-18-94; OCCF 1-2002, f. & cert. ef. 1-14-02; OCCF 1-2004, f. & cert. ef. 9-15-04; OCCF 1-2012, f. & cert. ef. 6-1-12


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