Human Services Complaints

Draft Bill to Compel DHS to Prioritize Cases

2006-05-12T22:21:00.000-07:00

THE OREGON LEGISLATIVE ASSEMBLY - 2005 REGULAR SESSION

NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + }
Senate/House Bill _______

Relating to Department of Human Services taking custody of children, and creating new provisions regarding Chapters 418, 419A and 419B.

WHEREAS, despite the best efforts of the Department of Human Services and its Children's Services Division, Oregon children continue to suffer abandonment, neglect, physical and sexual abuse, kidnap and even murder; and

WHEREAS, across the state there are parents who assert that the Department and/or CSD took custody of their children and/or brought charges against the parents for alleged abuse when, the parents assert, the only acts they took were reasonable and ordinary forms of punishment such as spanking; and

WEREAS it is in the interests of the state and of Oregon's children and parents that the resources of the Department and of CSD are focused on cases of children believed, on the basis of mandatory reporter, law enforcement, neighbor, other witnesses or other reports, information or other evidence, to be at the greatest risk of the most severe harms and are not focused on cases of children believed to be at lesser threat, NOW THEREFORE it is enacted by the People of Oregon that:

{ + ORS 418.007. CATEGORIZATION OF SEVERITY OF RISK OF CASES
(1) For all existing cases and files as of the date of effect of this bill, and for all cases and files opened or begun thereafter. The Department of Human Services' Children's Services Division (and any successor division or agency thereto) (hereinafter, for this section ORS 418.007, "DHS") shall require of all case workers, their managers and all other staff or agents (hereinafter, for this section ORS 418.007, "DHS staff") that the case be identified as a risk severity category A, B, C, D or E, and that the risk severity code be placed prominently on the front of every such file for every case managed or overseen by DHS. The risk severity code shall reflect two factors: the believed degree of possible harm possible and the likelihood that such harm will occur, as follows:

(A) Category A shall refer to cases where the DHS staff person believes the child is :
- at a high risk of severe harm,
(B) Category B shall refer to cases where the DHS staff person believes the child is:
- at a medium risk of severe harm;
- at a low risk of severe harm;
- or is at high risk of medium harm;
(C) Category C shall refer to cases where the DHS staff person believes the child is:
- at a medium risk of medium harm;
(D) Category D shall refer to cases where the DHS staff person believes the child is:
- at a low risk of medium harm
- at a high risk of low harm
(E) Category E shall refer to cases where the DHS staff person believes the child is:
- at medium risk of low harm
- at a low risk of low harm

(2) "Severe harm" is defined for this section 418.007 as murder, abandonment, severe injury, persistent or extreme sexual abuse, and long-lasting psychological or emotional trauma. "Medium harm" is defined for this section as persistent neglect, less than severe injury, occasional less-than extreme sexual abuse, or temporary but significant psychological or emotional trauma.

(3) This act shall apply to all files and all cases of DHS Children's Services Division (and any successor division or agency) whether opened or maintained under ORS Chapter 418, Chapter 419A, Chapter 419B or any other statute in Oregon law or any administrative rule implementing Chapter 418, 419A, 419B or any other statute in Oregon law, and under any successor or successors thereto.

(4) DHS staff shall be able to change the risk category of a case for any child at any time based upon information received by the DHS staff person.

(5) All initial identifications of risk severity and all subsequent changes in risk category for all cases for all children shall be briefly explained in writing, in the file (which writing may simply be a reference to specific new information received that has been added to the file) signed by the DHS staff person making the risk severity identification or change in risk severity identification.

(6) (A) DHS staff persons shall apply DHS human, professional, financial and all other resources available to the DHS staff person, including his or her own time and expertise (hereinafter for this section 418.007, "DHS child resources"), first and foremost to Category A cases, and
(B) DHS staff persons shall not allocate DHS child resources to category B cases unless and until the DHS staff person has time and resources left to do so after timely completing all work at the time needed on the staff person's Category A cases.
(C) DHS staff persons shall not allocate DHS child resources to Category C cases unless and until the DHS staff person has time and resources left to do so after timely completing all work at the time needed on Category A and B cases.
(D) DHS staff persons shall not allocate DHS child resources to Category D cases unless and until the DHS staff person has time and resources left to do so after timely completing all work at the time needed on Category A, B and C cases.
(E) DHS staff persons shall not allocate DHS child resources to Category E cases unless and until the DHS staff person has time and resources left to do so after timely completing all work at the time needed on Category A, B, C and D cases.

(7) Any other laws or rules about confidentiality of DHS Children's Services Division files notwithstanding, any state legislator or aide thereto may review, inspect, and copy any case, any file and any information therein of DHS Children's Services Division for purposes of ascertaining if its risk severity categorization has been accurate or reasonable. However, no legislator or legislative aide may publicly name or identify, in writing or orally, a particular person, adult or minor, about whom a case or file is opened or created or was opened or created but it closed, without the permission of either the parents (or if one parent is out of the state, the in-state custodial parent) or of the child.

(8) Any issue as to the accuracy or reasonableness of the risk severity categorization of any case or file relating to any person hereunder shall be subject to court review under the Administrative Procedures Act. + }

DHS Child Welfare Advisory Committee Membership

2006-05-12T22:09:00.000-07:00

Dana Ainam, ICW Supervisor Conf. Tribes of Grand Ronde 9615 Grand Ronde Road
Grand Ronde, OR 97347 Phone: (503) 879-2037
Fax: (503) 879-2142
Email: dana.leno@grandronde.org

The Honorable Sara GeIser State Representative
900 Court St. NE H-479
Salem, OR 97301
Capitol Phone: (503) 986-1416 Interim Phone: (541) 757-6128 Email: rep.saragelser@state.or.us

Janet Arenz, Executive Director Oregon Alliance of Children's Programs 707 13th Street SE, Suite 290
Salem, OR 97301
Phone: (503) 399-9076
Fax: (503) 362-0149
Email: janet@oregonalliance.org

Mickey Lansing
Executive Director
Commission on Children and Families 530 Center Street NE, Suite 405
Phone: (503) 373-1570
Fax: (503) 378-8395
Email: mickey.lansing@state.or.us

Mike Balter, Executive Director Boys and Girls Aid Society
018 SW Boundary Court
Portland, OR 97239-3939
Phone: (503) 542-2303
Fax: (503) 224-5960
Email: mbalter@boysandgirlsaid.org

Jean Lasater
1745 Kamela Drive S Salem, OR 97306
Phone: (503) 871-8150 Email: lasaterjc@comcast.net

Leslie Currin
School Health Services Specialist Student Learning and Partnership Oregon Department of Education 255 Capitol Street N E
Salem, OR 97301-0203
Phone: (503) 378-3600 x2714 Fax: (503) 378-5156
Email: leslie.currin@state.or.us

Phil Lemman
Oregon Youth Authority
530 Center Street NE, Suite 200
Salem, OR 97301-3740 Phone: (503) 373-7212
Fax: (503) 373-7622
Email: phil.lemman@state.or.us

Don Darland, President
Oregon Foster Parent Association 38183 Hwy 226
Scio, OR 97374
Phone: (503) 361-3906
Email: ability@smt-net.com

Nancy Miller, Administrator
Citizen Review Board
1163 State Street
Salem, OR 97301
Phone: (503) 986-5855
Fax: (503) 986-5859
Email: nancy.b.miller@ojd.state.or.us

Tracy Neely
2411 SW 4th Avenue Ontario, OR 97914 Phone: (541) 889-4461 Fax: (541) 889-4461 Email: tneely@fmtc.com
I/CW -ADMIN/CW AC/MEMBERS.doc
Rev. 3/22/06

Pam Patton, President
Coalition of Advocates for
Equal Access for Girls
830 NE Holladay, Suite 125 Portland, OR 97232
Phone: (503) 233-4356
Fax: (503) 233-4359
Email: ppatton@morrisoncenter.org

Ruth Taylor, Executive Director Parents Anonymous of Oregon 4945 N E 7th Street
Portland, OR 97211
Phone: (503) 258-4568
Fax: (971) 230-0065
Email: rtaylor@morrisoncenter.org

Doug Poppen, President
Oregon Juvenile Dept. Directors Assn. 2121 Kaen Rd.
Oregon City, OR 97045
Phone: (503) 655-8342 x1, then 7190 Fax: (503) 655-8448
Email: DougPo@co.clackamas.or.us

The Honorable. Nan Waller
Multnomah County Circuit Court
1021 SW 4th, #360
Portland, OR 97204
Phone: (503) 988-3038 or (503) 988-3427 Fax: (503) 276-0957
Email: nan.waller@ojd.state.or.us

Angela Sherbo, Attorney Juvenile Rights Project
123 NE 3rd Suite 310 Portland, OR 97232 Phone: (503) 232-2540 x233 Fax: (503) 231-4767 Email: angela@jrplaw.org
Becky Smith
State CASA Coordinator Commission on Children and Families 530 Center Street NE, Suite 405 Salem, OR 97301
Phone: (503) 373-1570 x257
Fax: (503) 378-8395
Email: becky.f.smith@state.or.us

Christine Stetzer
Principal
Grant Watts School
52000 SE 3rd Place
Scapoose, OR 97056
Phone: (503) 543-6371
Email: cstetzer@scappoose.k12.or.us

Judy Stiegler, Director (CWAC Chair) CASA, of Central Oregon
63360 Briita Street, Bldg. 1
Bend, OR 97701
Phone: (541) 389-1618
Email: judy_stiegler@class.oregonvos.net

I/CW -ADMIN/CW AC/MEMBERS .doc
Rev. 3/22/06

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2006-05-12T21:48:00.000-07:00

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