Bill Text: OR HB2013 | 2013 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to early learning; appropriating money; and declaring an emergency.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2013-08-14 - Chapter 728, (2013 Laws): Effective date August 14, 2013. [HB2013 Detail]

Download: Oregon-2013-HB2013-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

HA to A-Eng. HB 2013

LC 3410/HB 2013-A8

                       HOUSE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2013

              By JOINT COMMITTEE ON WAYS AND MEANS

                             June 24

  On page 1 of the printed A-engrossed bill, line 4, delete ' and
15' and insert ', 15 and 78'.
  On page 3, delete lines 8 through 20 and insert:
  ' (5)(a) For the purpose of ensuring that affordable, quality
home-based child care is available through a subsidy program
administered by the Department of Human Services, the Department
of Human Services and the Child Care Division of the Employment
Department shall convene a permanent committee for professional
development and quality improvement. The committee must have
equal representation by state agencies and by union
representatives of home-based child care providers that are
exempt from licensure.  The committee shall develop a quality
improvement system for child care providers that are exempt from
licensure and that receive subsidies. The system must use
evidence-based approaches.
  ' (b) Any quality standards established under the subsidy
program described in paragraph (a) of this subsection for child
care providers that are exempt from licensure must be consistent
with state policies for child well-being and development and are
subject to collective bargaining.'.
  On page 5, delete lines 6 through 18 and insert:
  ' (5)(a) For the purpose of ensuring that affordable, quality
home-based child care is available through a subsidy program
administered by the Department of Human Services, the Department
of Human Services and the Child Care Division of the Employment
Department shall convene a permanent committee for professional
development and quality improvement. The committee must have
equal representation by state agencies and by union
representatives of home-based child care providers that are
exempt from licensure.  The committee shall develop a quality
improvement system for child care providers that are exempt from
licensure and that receive subsidies. The system must use
evidence-based approaches.
  ' (b) Any quality standards established under the subsidy
program described in paragraph (a) of this subsection for child
care providers that are exempt from licensure must be consistent
with state policies for child well-being and development and are
subject to collective bargaining.'.
  On page 6, delete lines 12 through 45.
  Delete pages 7 and 8.
  On page 9, delete lines 1 through 22 and insert:
  '  { +  SECTION 5. + } ORS 417.795, as amended by section 53,
chapter 37, Oregon Laws 2012, is amended to read:
  ' 417.795. (1) The Early Learning Council shall establish
  { - Healthy Start Family Support Services - }   { + Healthy
Families Oregon + } programs through contracts entered into by
local commissions on children and families in all counties of
this state as funding becomes available.

  ' (2) These programs shall be nonstigmatizing, voluntary and
designed to achieve the appropriate early childhood benchmarks
and shall:
  ' (a) Ensure that express written consent is obtained from the
family prior to any release of information that is protected by
federal or state law and before the family receives any services;
  ' (b) Ensure that services are voluntary and that, if a family
chooses not to accept services or ends services, there are no
adverse consequences for those decisions;
  ' (c) Offer a voluntary comprehensive   { - screening and - }
risk assessment of all   { - newly born - }  children { + , from
zero through three years of age, + } and their families { +  in
coordination with voluntary statewide early learning system
screening and referral efforts + };
  ' (d) Ensure that the disclosure of information gathered in
conjunction with the voluntary comprehensive   { - screening
and - }  risk assessment of children and their families is
limited pursuant to ORS 417.728   { - (7) - }   { + (8) + } to
the following purposes:
  ' (A) Providing services under the programs to children and
families who give their express written consent;
  ' (B) Providing statistical data that are not personally
identifiable;
  ' (C) Accomplishing other purposes for which the family has
given express written consent; and
  ' (D) Meeting the requirements of mandatory state and federal
disclosure laws;
  ' (e) Ensure that risk factors used in the risk
 { - assessment - }  { + screen + } are limited to those risk
factors that have been shown by research to be associated with
poor outcomes for children and families;
  ' (f) Identify, as early as possible, families that would
benefit most from the programs;
  ' (g) Provide parenting education and support services,
including but not limited to community-based home visiting
services   { - and primary health care services - } ;
  ' (h) Provide other supports, including but not limited to
referral to and linking of community and public services for
children and families such as mental health services, alcohol and
drug treatment programs that meet the standards promulgated by
the Oregon Health Authority under ORS 430.357, child care, food,
housing and transportation;
  ' (i) Coordinate services for children consistent with the
voluntary local early childhood system plan developed pursuant to
ORS 417.777;
  '  { - (j) Provide follow-up services and supports from zero
through six years of age; - }
  '  { - (k) - }   { + (j) + } Integrate data with any common
data system for early childhood programs;
  '  { - (L) - }   { + (k) + } Be included in a statewide
independent evaluation to document:
  ' (A) Level of screening and assessment;
  ' (B) Incidence of child abuse and neglect;
  ' (C) Change in parenting skills; and
  ' (D) Rate of child development;
  '  { - (m) - }   { + (L) + } Be included in a statewide
training program in the dynamics of the skills needed to provide
early childhood services, such as assessment and home visiting;
and
  '  { - (n) - }   { + (m) + } Meet voluntary statewide and local
early childhood system quality assurance and quality improvement
standards.
  ' (3) The   { - Healthy Start Family Support Services - }
 { + Healthy Families Oregon + } programs,   { - local health
departments and other providers of prenatal and perinatal
services in counties, - }   { + in coordination with statewide
home visiting partners and + } as part of the voluntary local
early childhood system, shall:
  ' (a) Identify existing services and describe and prioritize
additional services necessary for a voluntary home visit system;
  ' (b) Build on existing programs;
  ' (c) Maximize the use of volunteers and other community
resources that support all families;
  ' (d) Target, at a minimum, all   { - first birth families in
the county - }  { +  prenatal families and families with children
less than three months of age and provide services through at
least the child's third birthday + }; and
  ' (e) Ensure that home visiting services provided by local
  { - health departments - }   { + home visiting partners + } for
children and pregnant women support and are coordinated with
local   { - Healthy Start Family Support Services - }
 { + Healthy Families Oregon + } programs.
  ' (4) Through a   { - Healthy Start Family Support Services
program, a trained family support worker or nurse - }
 { + Healthy Families Oregon program, a trained home visitor + }
shall be assigned to each family assessed as at risk that
consents to receive services through the   { - worker or
nurse - }  { +  trained home visitor + }. The
  { - worker or nurse - }   { + trained home visitor + } shall
conduct home visits and assist the family in gaining access to
needed services.
  ' (5) The services required by this section shall be provided
by hospitals, public or private entities or organizations, or any
combination thereof, capable of providing all or part of the
family risk assessment and the follow-up services. In granting a
contract, a local commission may utilize collaborative
contracting or requests for proposals and shall take into
consideration the most effective and consistent service delivery
system.
  ' (6) The family risk assessment and follow-up services for
families at risk shall be provided by   { - trained family
support workers or nurses - }   { + trained home visitors + }
organized in teams supervised by a manager   { - and including a
family services coordinator who is available to consult - } .
  ' (7) Each   { - Healthy Start Family Support Services - }
 { + Healthy Families Oregon + } program shall adopt disciplinary
procedures for
  { - family support workers, nurses - }   { + trained home
visitors + } and other employees of the program. The procedures
shall provide appropriate disciplinary actions for   { - family
support workers, nurses - }   { + trained home visitors + } and
other employees who violate federal or state law or the policies
of the program.
  '  { +  SECTION 6. + } ORS 417.795, as amended by sections 53
and 95, chapter 37, Oregon Laws 2012, is amended to read:
  ' 417.795. (1) The Early Learning Council shall establish
  { - Healthy Start Family Support Services - }   { + Healthy
Families Oregon + } programs in all counties of this state as
funding becomes available.
  ' (2) These programs shall be nonstigmatizing, voluntary and
designed to achieve the appropriate early childhood benchmarks
and shall:
  ' (a) Ensure that express written consent is obtained from the
family prior to any release of information that is protected by
federal or state law and before the family receives any services;
  ' (b) Ensure that services are voluntary and that, if a family
chooses not to accept services or ends services, there are no
adverse consequences for those decisions;
  ' (c) Offer a voluntary comprehensive   { - screening and - }
risk assessment of all   { - newly born - }  children { + , from
zero through three years of age, + } and their families { +  in

coordination with voluntary statewide early learning system
screening and referral efforts + };
  ' (d) Ensure that the disclosure of information gathered in
conjunction with the voluntary comprehensive   { - screening
and - }  risk assessment of children and their families is
limited pursuant to ORS 417.728   { - (7) - }   { + (8) + } to
the following purposes:
  ' (A) Providing services under the programs to children and
families who give their express written consent;
  ' (B) Providing statistical data that are not personally
identifiable;
  ' (C) Accomplishing other purposes for which the family has
given express written consent; and
  ' (D) Meeting the requirements of mandatory state and federal
disclosure laws;
  ' (e) Ensure that risk factors used in the risk
 { - assessment - }  { + screen + } are limited to those risk
factors that have been shown by research to be associated with
poor outcomes for children and families;
  ' (f) Identify, as early as possible, families that would
benefit most from the programs;
  ' (g) Provide parenting education and support services,
including but not limited to community-based home visiting
services   { - and primary health care services - } ;
  ' (h) Provide other supports, including but not limited to
referral to and linking of community and public services for
children and families such as mental health services, alcohol and
drug treatment programs that meet the standards promulgated by
the Oregon Health Authority under ORS 430.357, child care, food,
housing and transportation;
  ' (i) Coordinate services for children consistent with other
services provided through the Oregon Early Learning System;
  '  { - (j) Provide follow-up services and supports from zero
through six years of age; - }
  '  { - (k) - }   { + (j) + } Integrate data with any common
data system for early childhood programs;
  '  { - (L) - }   { + (k) + } Be included in a statewide
independent evaluation to document:
  ' (A) Level of screening and assessment;
  ' (B) Incidence of child abuse and neglect;
  ' (C) Change in parenting skills; and
  ' (D) Rate of child development;
  '  { - (m) - }   { + (L) + } Be included in a statewide
training program in the dynamics of the skills needed to provide
early childhood services, such as assessment and home visiting;
and
  '  { - (n) - }   { + (m) + } Meet statewide quality assurance
and quality improvement standards.
  ' (3) The   { - Healthy Start Family Support Services - }
 { + Healthy Families Oregon + } programs,   { - local health
departments and other providers of prenatal and perinatal
services in counties - }   { + in coordination with statewide
home visiting partners, + } shall:
  ' (a) Identify existing services and describe and prioritize
additional services necessary for a voluntary home visit system;
  ' (b) Build on existing programs;
  ' (c) Maximize the use of volunteers and other community
resources that support all families;
  ' (d) Target, at a minimum, all   { - first birth families in
the county - }  { +  prenatal families and families with children
less than three months of age and provide services through at
least the child's third birthday + }; and
  ' (e) Ensure that home visiting services provided by local
  { - health departments - }   { + home visiting partners + } for
children and pregnant women support and are coordinated with

local   { - Healthy Start Family Support Services - }
 { + Healthy Families Oregon + } programs.
  ' (4) Through a   { - Healthy Start Family Support Services
program, a trained family support worker or nurse - }
 { + Healthy Families Oregon program, a trained home visitor + }
shall be assigned to each family assessed as at risk that
consents to receive services through the   { - worker or
nurse - }  { +  trained home visitor + }. The
  { - worker or nurse - }   { + trained home visitor + } shall
conduct home visits and assist the family in gaining access to
needed services.
  ' (5) The services required by this section shall be provided
by hospitals, public or private entities or organizations, or any
combination thereof, capable of providing all or part of the
family risk assessment and the follow-up services. In granting a
contract, collaborative contracting or requests for proposals may
be used and must include the most effective and consistent
service delivery system.
  ' (6) The family risk assessment and follow-up services for
families at risk shall be provided by   { - trained family
support workers or nurses - }   { + trained home visitors + }
organized in teams supervised by a manager   { - and including a
family services coordinator who is available to consult - } .
  ' (7) Each   { - Healthy Start Family Support Services - }
 { + Healthy Families Oregon + } program shall adopt disciplinary
procedures for
  { - family support workers, nurses - }   { + trained home
visitors + } and other employees of the program. The procedures
shall provide appropriate disciplinary actions for   { - family
support workers, nurses - }   { + trained home visitors + } and
other employees who violate federal or state law or the policies
of the program.'.
  On page 12, delete lines 2 through 45 and delete pages 13 and
14.
  On page 15, delete lines 1 through 16 and insert:
  '  { +  NOTE: + } Section 14 was deleted by amendment.
Subsequent sections were not renumbered.'.
  On page 18, after line 31, insert:
  '  { +  SECTION 16. + }  { + (1) The Early Learning Council
shall establish Early Learning Hub Demonstration Projects.
  ' (2) The Early Learning Council shall ensure that, to the
extent practicable, any requirements for Early Learning Hub
Demonstration Projects are consistent with the requirements for
Early Learning Hubs, as described in section 77, chapter 37,
Oregon Laws 2012.
  ' (3) The Early Learning Council shall develop metrics for the
purpose of providing funding under this section. The metrics
must:
  ' (a) Focus on community readiness, high capacity development
and progress toward tracking child outcomes;
  ' (b) Establish a baseline of information for the area to be
served by an Early Learning Hub Demonstration Project, including
information about the inclusion of community partners in the
governance structure of the Early Learning Hub Demonstration
Project, the availability of data on local programs and outcomes
and the success in leveraging private, nonprofit and other
governmental resources for early learning; and
  ' (c) Include child performance metrics.
  ' (4) When selecting entities to participate in an Early
Learning Hub Demonstration Project, the Early Learning Council
shall consider the entity's ability to comply with the criteria
and requirements adopted under section 77 (3), (4) and (5),
chapter 37, Oregon Laws 2012, and shall balance the factors
described in section 77 (6), chapter 37, Oregon Laws 2012.
  ' (5) The Early Learning Council may provide funding under this
section during the 2013-2014 fiscal year for no more than seven
Early Learning Hub Demonstration Projects. An Early Learning Hub
Demonstration Project that receives moneys in the 2013-2014
fiscal year must achieve sufficient outcomes, as determined by
the council, to qualify to receive moneys in the 2014-2015 fiscal
year.
  ' (6) The Early Learning Council may provide funding under this
section during the 2014-2015 fiscal year for no more than a total
of 16 Early Learning Hub Demonstration Projects.
  ' (7) The Early Learning Council may require that, as a
condition of receiving funding under this section, an Early
Learning Hub Demonstration Project provide matching funding. The
percentage of matching funding shall be determined by the council
and may vary for each fiscal year. Any moneys received under this
section are subject to the restrictions described in section 77
(8), chapter 37, Oregon Laws 2012.
  ' (8) For any community in this state that is not served by an
Early Learning Hub Demonstration Project, the Early Learning
Council shall oversee and administer the delivery of early
learning services for that community and, to the extent
practicable, shall regionalize service administration.
  ' (9)(a) An Early Learning Hub Demonstration Project that
receives funding under this section must submit a report to the
appropriate interim legislative committees no later than January
1, 2014.
  ' (b) The Early Learning Council must submit a report to the
Legislative Assembly no later than February 3, 2014. The report
must describe:
  ' (A) The progress in establishing Early Learning Hub
Demonstration Projects;
  ' (B) The effectiveness of Early Learning Hub Demonstration
Projects; and
  ' (C) The transition of services in communities not served by
an Early Learning Hub Demonstration Project.
  ' (c) The Early Learning Council must submit a report to the
Legislative Assembly no later than February 4, 2015. The report
must include:
  ' (A) A summary of the results of the Early Learning Hub
Demonstration Projects; and
  ' (B) Proposed legislation that takes into consideration the
results of the Early Learning Hub Demonstration Projects and
attempts to increase the effectiveness and successfulness of
Early Learning Hubs described in section 77, chapter 37, Oregon
Laws 2012. + }
  '  { +  SECTION 17. + } Section 78, chapter 37, Oregon Laws
2012, is amended to read:
  '  { +  Sec. 78. + } The Early Learning Council shall establish
a process for designating entities as   { - community-based
coordinators of early learning services - }   { + Early Learning
Hubs as defined in section 77, chapter 37, Oregon Laws 2012, + }
that allows the entities to   { - begin functioning as
community-based coordinators of early learning services no later
than January 1, 2014 - }   { + transition from an Early Learning
Hub Demonstration Project, as described in section 16 of this
2013 Act, to an Early Learning Hub + }.
  '  { +  SECTION 18. + }  { + Section 16 of this 2013 Act and
section 78, chapter 37, Oregon Laws 2012, are repealed June 30,
2015. + } ' .
  In line 32, delete '16' and insert '19'.
  On page 19, line 1, after the period insert 'The system may not
include more than 16 Early Learning Hubs.'.
  In line 34, delete 'human service providers' and insert ' human
social service providers, child care providers'.
  In line 35, after 'governments' insert 'from the service area'.
  In line 43, after 'raise' insert 'and leverage' and after '
sources' insert 'and to secure in-kind support'.
  On page 20, after line 20, insert:
  ' (9) The Department of Human Services or the Oregon Health
Authority may not transfer any authority for determining
eligibility for a state or federal program to an Early Learning
Hub.'.
  In line 21, delete '17' and insert '20'.
  Delete lines 29 through 45.
  On page 21, delete line 1.
  In line 2, delete '20' and insert '21'.
  In line 14, delete '21' and insert '22'.
  In line 30, delete '22' and insert '23'.
  On page 22, line 7, delete '23' and insert '24'.
  Delete lines 10 through 40 and insert:
  '  { +  SECTION 25. + } ORS 417.790, as amended by sections 51
and 93, chapter 37, Oregon Laws 2012, is amended to read:
  ' 417.790. The Early Learning Council shall:
  ' (1) Make grants to fund research-based services and
initiatives to improve outcomes for children, youth or families.
 { - The council and community-based coordinators of early
learning services shall assist counties in the implementation of
community services that are efficient, accountable, coordinated
and readily available. These services shall be provided in
accordance with ORS 417.715 and 417.720. - }
  ' (2) Make Great Start grants to fund community-based programs
for children zero through six years of age. A   { - county or
region - }   { + recipient + } shall use Great Start grant funds
to provide research-based early childhood programs in community
settings and to provide services that have proven to be
successful and that meet the needs of the community. These
services shall be provided in accordance with ORS 417.728.'.
  On page 23, delete lines 24 through 28.
  In line 29, delete '29' and insert '28'.
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