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					                                       OREGON LAW COMMISSION


Date: January 18, 2005                                                                 Capitol Building, Hearing Room 50
2:00 p.m.                                                                                                      Tapes 1 - 4

MEMBERS PRESENT:                                   Lane Shetterly, Chair
                                                   Sen. Kate Brown, Vice-Chair
                                                   Wallace P. Carson, Jr.
                                                   Prof. Sandra Hansberger
                                                   Prof. Hans Linde
                                                   Greg Mowe
                                                   Craig Prins
                                                   Phil Schradle (for Hardy Myers)
                                                   Dean Symeon Symeonides
                                                   Prof. Dom Vetri
                                                   Sen. Vicki Walker

MEMBERS EXCUSED:                                   Attorney General Hardy Myers
                                                   Prof. Bernie Vail

STAFF PRESENT:                                     David R. Kenagy, Executive Director
                                                   Wendy J. Johnson, Deputy Director
                                                   Julie K. Gehring, Administrative Assistant

MEASURE/ISSUES HEARD:                              Approval of Minutes from November 19, 2004



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 1A
03               Chair Lane                      Calls the meeting of the Oregon Law Commission to order at 2:10
                 Shetterly                       p.m. at the Capitol Building, Hearing Room 50. Reminds members of
                                                 the Oregon Law Commission Legislative Reception at 5:00 p.m.
                                                 tonight.
14               Wendy Johnson                   Reminds Commissioners to wear nametags in front of them to the
                                                 reception.
18               Shetterly                       Minutes approved.
23               David Kenagy                    Talks about progression of bills and scheduling OLC meeting for
                                                 February. Alerts Commission and Work Group members that bills
                                                 will be sent to numerous committees and will appear before at least
                                                 33 house members. Work Group Members will be asked to testify
                                                 before various committees. (EXHIBIT A)
61               Shetterly                       At 3:30 p.m. Shetterly will be meeting with the Governor, but Senator
                                                 Brown will take over as chair at that time.
71               Johnson                         Start with Juvenile Guardian Ad Litem, SB 230.
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                                                                                                                               Page 2
77               Julie McFarlane                 McFarlane, supervising attorney at the Juvenile Rights Project, and
                                                 Jason Janzen, Willamette University Research Assistant, who wrote
                                                 the report. (EXHIBIT B) The group worked together and came up
                                                 with proposed legislation regarding guardianship of parents with
                                                 mental issues. In section 2 of this bill a motion for a GAL can be oral
                                                 or written and can be made by the court or a party to the proceeding.
                                                 The court is required to grant the motion if there’s enough proof
                                                 showing that the parents don’t have the mental capacity to make
                                                 decisions. The group was aware of the significant impact of
                                                 appointing a GAL on the parent and a standard was made so GALs
                                                 aren’t appointed unnecessarily.
129              McFarlane                       The bill also required that a hearing be conducted to afford a parent
                                                 the opportunity to contest the appointment of a GAL. In Sub 6,
                                                 section 3, a GAL can’t be a member of the family and must be an
                                                 attorney or mental health professional.
164              McFarlane                       Continues talking about changes on page 3. This section describes
                                                 the type of authority a GAL should have, and the legal decisions
                                                 involved in the adoption of child or parent. It provides direction to
                                                 the attorney regarding decisions the parent would normally make.
208              Shetterly                       C and D are retained and redesignated as D and E?
212              McFarlane                       Correct. Continues talking about changes to sub 4, 5, and 6 and
                                                 Section 4. These sections involve decisions a GAL makes for the
                                                 parent, privileges to be asserted, and termination when GAL is no
                                                 longer needed.
259              Hans Linde                      Refers to 6A. How is an evidentiary privilege exercised by a GAL to
                                                 prevent a person from disclosing a confidential statement? How does
                                                 the GAL know to use his privilege to prevent such disclosure?
270              McFarlane                       The language was taken from another section.
274              Linde                           Good idea to read them first. Questions whether the provision should
                                                 be redrafted.
278              McFarlane                       THE GAL can tell the attorney not to disclose.
279              Linde                           It’s fine if the attorney works for you. This sounds like a privilege
                                                 and should be looked at.
289              McFarlane                       Will look into it. Section 4 subsection 3’s process is being used
                                                 currently. Doesn’t feel this will increase number of appointments.
300              Phil Schradle                   Do you always have to have a hearing to appoint a GAL, and can the
                                                 hearing requirement be waived?
307              McFarlane                       Currently, some counties appoint the GAL ex parte, and there hasn’t
                                                 been a procedure that allows a parent to contest. Sub-work Group
                                                 wanted a hearing on this issue.
314              Schradle                        Is a hearing needed if the parent doesn’t request one?
317              McFarlane                       Yes, but they don’t always need to be present for it.
321              Dom Vetri                       Subsection 3 sub 4. Did the group consider options regarding a
                                                 standard for what a parent would decide?
329              McFarlane                       Yes, discussed the minimum relationship between a parent and
                                                 attorney before they could represent them. Decisions are set out in
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.
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                                                                                                                               Page 3
                                                 the bill.
345              Vetri                           Doesn’t understand. The bill states that when a guardian makes
                                                 decisions, they should be based on what the parent would decide if
                                                 incapacitated.
358              Shetterly                       Previous response addressed sub 3.
360              McFarlane                       Misunderstood, addresses Sub 4. When writing this bill, the
                                                 reasonable parent standard was used. It was decided that the GAL
                                                 should make decisions based on what the parent would decide.
375              Vetri                           What’s the option when you can’t predict what parents will do? Who
                                                 can challenge the GAL?
382              McFarlane                       That situation makes the GAL’s position difficult, but they receive
                                                 assistance from family members in making the decision.
401              Vetri                           Was there much disagreement about the standard among Work Group
                                                 members?
402              McFarlane                       Yes, but everyone eventually agreed with the standard.
408              Shetterly                       Was there group consensus?
409              McFarlane                       Yes.
413              Sandra Hansberger               Section 2 sub 6. Can testimony and evidence be used subsequently?


TAPE 2A
11               McFarlane                       Possibly. The Work Group looked at other state legislation regarding
                                                 parents needing to undergo an evaluation. Felt it would be infringing
                                                 on their rights because the evidence could be used against them.
24               Greg Mowe                       How does this statute resolve ethical issues for the attorney? Is it
                                                 unethical for a parent’s attorney to request a GAL? Section 3 sub 3
                                                 sub c, can attorney ignore parent if GAL and parent disagree?
37               McFarlane                       The Work Group looked at ethics opinions. The GAL can’t be
                                                 requested by a parent’s attorney. If the parent is competent enough to
                                                 have a conflict with the GAL, they don’t need a GAL. The attorney
                                                 should ask for removal of the GAL.
58               Shetterly                       Asks about text amending current law. Are these conforming
                                                 amendments?
61               McFarlane                       Talks about conforming amendments in section 7, 8, and 9.
85               Shetterly                       You’re proposing amendments discussed at top of page 3?
90               McFarlane                       Explains amendments.
110              Shetterly                       The amendments are not in LC form yet and won’t be received until
                                                 the bill is drafted and a hearing date set. Request from Linde
                                                 regarding privilege. These are conceptual amendments representing
                                                 consensus from the group?
114              McFarlane                       Yes.
123              Senator Kate Brown              I move that we recommend that LC 1093 be amended on page 3,
                                                 we support the report and proposal, and recommend the
                                                 Commission’s support to the 2005 Legislative Assembly (bill
                                                 number is SB 230.)
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.
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                                                                                                                               Page 4
133              Shetterly                       Motion to move LC 1093 forward as amended and the report is
                                                 approved.
142              Linda Guss                      Attorney for DOJ. Talks about changes made to SB 229 (LC 190).
                                                 (EXHIBIT C) In Section 1, child parent relationship is changed to
                                                 caregiver relationship as used in juvenile court intervention statutes.
                                                 This was done to differentiate the relationship used in domestic
                                                 relations proceedings. The Section 1 reference to juvenile code
                                                 intervention provisions in ORS 419B.116 replaces the domestic
                                                 relations statute ORS 109.119. Page 2 line 12 is changed to state that
                                                 caregiver relationships should last for one year.
175              Shetterly                       Section 3 just regards the applicable date?
176              Guss                            Correct.
178              Senator Brown                   I would move that the Law Commission endorse LC 190 along
                                                 with the recommended report and be forwarded to the 2005
                                                 Legislative Assembly as approved by the Oregon Law
                                                 Commission.
181              Shetterly                       Motion carried.
190              Michael Livingston              SB 231 (LC 1140). (EXHIBIT D) This proposed legislation
                                                 addresses three problems governing the confidentiality of juvenile
                                                 court information contained in two files: the legal and social history
                                                 files. Numerous changes in this law have been made, but statutes
                                                 haven’t been amended since 1959. The first problem is lack of
                                                 express authority for district attorneys, DHS, and OYA to access
                                                 confidential juvenile court materials, and whether they can share
                                                 information with each other. The second problem is that there’s no
                                                 provision requiring that the social history file be maintained by any
                                                 particular entity. Some courts keep social file materials and other
                                                 courts shred them after the hearing. The third problem is clarifying
                                                 whether the juvenile court proceeding transcripts are confidential.
271              Livingston                      The Sub-Work Group came to the conclusion that ORS 419A.255
                                                 needed a series of new statutes to replace the old and this change
                                                 couldn’t be done in time for session. So they decided, in accordance
                                                 with the Judicial Department’s recommendation, to do a stand alone
                                                 bill addressing and resolving the three problems mentioned above.
351              Linde                           “Has anybody ever squared the confidentiality provisions with Article
                                                 1, Section 10 of the Constitution?”
356              Livingston                      Yes, that was a big part of our consideration. In sub 3 it states that the
                                                 transcript of a juvenile court proceeding is confidential when it’s
                                                 filed. A letter sent to a newspaper from an attorney regarding public
                                                 records prompted this. Several cases were looked at regarding Article
                                                 1, Section 10 and there wasn’t a guarantee regarding record access of
                                                 the hearing.
379              Shetterly                       You’re referring to Appendix 2?
383              Livingston                      Yes.
391              Linde                           If you have confidential reports and there’s an open hearing at court,
                                                 the reports are received, considered, and then the hearing is over.
                                                 Does this meet Article 1, Section 10 guidelines?

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complete contents, please refer to the tapes.
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                                                                                                                               Page 5
393              Livingston                      These are considered by the court outside of the proceeding?
405              Linde                           Yes. I understood you to say these aren’t heard in the court room, and
                                                 the case is decided and done in chambers. How would Article 1,
                                                 Section 10 work in this situation?
421              Livingston                      Clarifies that there are more procedures in that circumstance.
424              Linde                           What if that was all that happened?
TAPE 1B
14               Shetterly                       Clarifies Article 1, Section 10.
17               Linde                           If people have an open hearing in which a number of reports are
                                                 offered and the hearing is over when the reports are taken, does this
                                                 meet Article 1, Section 10?
20               Livingston                      Yes, believes this meets the standards. The hearing is open and all
                                                 materials are accessible to the parties.
26               Linde                           Believes a previous court case said openness can’t be waived if only
                                                 the parties meet.
29               Livingston                      Thinks that’s correct, but nothing in the bill authorizes or reauthorizes
                                                 this hypothesis. Talks about public records. Section 4 will be added
                                                 as amendment to SB 230.
64               Sen. Brown                      One issue that wasn’t resolved regards using information from the
                                                 juvenile court case to prosecute the parent.
70               Livingston                      This disclosure is only to be used for official duties in the juvenile
                                                 court proceedings in regards to the parent or child.
79               Linde                           Can this system of confidential records be used in adult criminal and
                                                 civil cases?
88               Livingson                       Only aware of this in the mental commitment statutes.
89               Linde                           Will this be an exception to a constitutional conviction?
92               Livingston                      If it does, it’ll just add to what’s been done before us. As the group
                                                 continues, we’ll work on replacing the current system.
101              Brown                           I would move that the Oregon Law Commission approve LC 1140
                                                 (SB 230) along with the recommended report and forward both to
                                                 the 2005 Legislative Assembly with our endorsement.
103              Shetterly                       That would be LC 1140 with recommended report, which
                                                 includes the conceptual amendment in Section 4. Motion
                                                 approved.
124              Timothy Travis                  Court Improvement Manager with Oregon Judicial Department.
                                                 Chair of Code Split Sub-Work Group.
131              Shetterly                       Wants to switch to Ethics since he’ll be leaving. The Commission
                                                 will hear Professor Watson’s report today and then will present it
                                                 again at the February meeting due to its extensive nature.
150              Professor Jerry                 Staff Attorney for OLC. Talks about the 11 sections in the Ethics
                 Watson                          Report. (EXHIBIT E) This report addresses the meaning of ethics the
                                                 proper role of government and how to regulate ethics. The first two
                                                 sections are introductory, the next five chapters deal with substantive
                                                 issues (ethics law, financial gain, honoraria, reporting economic
                                                 interest, conflicts of interest), and the remaining chapters cover scope
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.
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                                                                                                                               Page 6
                                                 of coverage, government’s responsibility of authority, lobbying, and
                                                 the conclusion.
225              Watson                          The Commission should decide if the lobbying, public meetings and
                                                 executive session law portion of the report should be expanded. Ch.
                                                 244 is where the governor’s initial request comes from. Talks about
                                                 the chapters’ structures and the 5 appendices that go with them. Each
                                                 of the appendices indicate the states that they cover and the text of the
                                                 statutory provisions discussed.
309              Watson                          Reminds Commission that it’s a staff report and not a work group
                                                 report and that a work group hasn’t been appointed yet. In writing the
                                                 report, he tried to draw as few conclusions as possible so the work
                                                 group wouldn’t be biased. Talks about how the report was written.
                                                 He used a descriptive comparative approach so the report can be
                                                 evaluative.
374              Watson                          Used principles from a variety of areas. Also, took into consideration
                                                 the factors the governor mentioned in his request to the Commission.
                                                 Tried to make this a tough approach to government ethics law. Talks
                                                 about having a model with basic principles that match closely to the
                                                 ethical guidelines.
TAPE 2B
25               Watson                          Statute provides for 4 exceptions to receiving financial gains from
                                                 government service: compensations for services or products rendered,
                                                 reimbursement for expenses, honoraria, and unsolicited awards.
33               Vetri                           Does the role or status of a state employee make a difference?
                                                 Honoraria seems significant.
36               Watson                          Possibly. Those who wanted to differentiate would need to provide a
                                                 solid rational as to why it should exist. An issue regarding honoraria
                                                 is whether the honorarium is related to the person’s government work.
                                                 At the federal level there’s a policy and some case authority, but most
                                                 states limit their honoraria restrictions to those related to government
                                                 service or employment.
69               Brown                           Any difference between states that pay legislators and the ones that
                                                 don’t pay legislators?
72               Watson                          The issue was raised. It’s a tricky subject because if the state statute
                                                 allows someone who doesn’t make a living wage to receive honoraria,
                                                 it’s basically saying that it’s okay to receive benefits from someone
                                                 else because you’re not getting paid. It can be perceived that this
                                                 could have an impact on your job performance.
94               Schradle                        Is there a reason states haven’t adopted substantial parts of the
                                                 Council of Government Ethics Laws?
98               Watson                          Number of issues regarding this. It’s a very comprehensive statute
                                                 and government ethics are discussed very broadly in this section. The
                                                 more you add to it the more difficult it becomes.
124              Kenagy                          Wanted to point out that procedurally, the Commission authorized
                                                 this project one year ago. Ideally the Commission will meet in
                                                 several weeks and a motion will authorize the formation of a work
                                                 group consisting of the people from the governor’s request. When

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complete contents, please refer to the tapes.
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                                                                                                                               Page 7
                                                 authorized a year ago it was subject to funding. This is Willamette
                                                 University’s gift to the Law Commission. Dean Symeonides and
                                                 Jerry Watson’s commitment enabled the making of this report. Wants
                                                 to make known this work is coming from the Willamette side of the
                                                 equation.
165              Brown                           Some issues raised in the report are definitely political. Since the
                                                 Commission has tried to avoid political issues, how will a work group
                                                 resolve and tackle those?
182              Kenagy                          The Commission and work group will need to communicate closely.
                                                 Reports perhaps should be brought to the Commission and reviewed
                                                 so every step is known.
204              Dean Symeon                     Agrees the work group should work closely with Commission. If
                 Symeonides                      there are political issues regarding policies, they should be brought to
                                                 the Commission. Also, 2 or 3 alternative recommendations could be
                                                 presented to the legislature. This should prove we’re an impartial
                                                 body.
230              Martha Walters                  Would this be a project where one draft deals with all of the issues or
                                                 will it be presented in pieces?
236              Watson                          Thinks it’s good to do it comprehensively.
255              Timothy Travis                  SB 233 (LC 1142) (EXHIBIT F) In Section 1, the bill conforms a
                                                 portion of the delinquency code to the policy behind the delinquency
                                                 statutes. The current statutory language was written when both
                                                 delinquency and dependency laws were based upon the best interest
                                                 of the child. The delinquency system has shifted from the child to
                                                 public safety, offender accountability, and reformation. The bill
                                                 amends the statute to conform to the delinquency code policy.
391              Travis                          Additional amendments will be presented at the February meeting.
                                                 The work group has done most of the easy stuff and are now having
                                                 problems with certain aspects of the juvenile code. A solution has not
                                                 yet been reached.


TAPE 3A
18               Travis                          For example, in certain cases the juvenile departments across the
                                                 counties do some things the same and some things different. Writing
                                                 a statute to legitimize what counties are doing is impossible.
38               Linde                           “If you follow the delinquency model you can’t go to this other kind
                                                 of preventive intervention? Could you, even under the bill, simply
                                                 amend the pleadings or have a dependency proceeding for the other
                                                 one? Would it be in a separate proceeding with a new judge or a
                                                 different one? You said the issue of alcohol dependency can’t be
                                                 attached to a delinquency proceeding. You could have a separate
                                                 proceeding. How does the system deal with it? Does it amend the
                                                 original or file a second pleading?”
52               Travis                          If the judge says you’re right, and he doesn’t need this treatment, you
                                                 should file a dependency case, it’s not possible because a dependency
                                                 petition can’t co-exist under a delinquency petition.
68               Linde                           Can that be changed?
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complete contents, please refer to the tapes.
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                                                                                                                               Page 8
78               Travis                          Yes. Suggest that different departments with co-equal jurisdiction
                                                 over a child isn’t good. Solution is a more global approach.
82               Linde                           Is a more global approach provided by your bill?
83               Travis                          Yes.
84               Walters                         How do the criminal defense attorneys feel about ORS 419C.001
                                                 when representing juveniles. Is it sufficient?
94               Travis                          This has the full support of the group and the defense community.
98               Brown                           The chair would move that we forward LC 1142 along with the
                                                 report to the 2005 Legislative Assembly with the approval of the
                                                 Oregon Law Commission.
102              Linde                           Will there be more amendments?
105              Travis                          Amendments will be in to Legislative Counsel by Friday.
111              Linde                           Our vote is needed today before we see the amendments?
112              Travis                          Correct.
115              Brown                           Motion approved.
125              Professor Leslie                SB234 (LC 1143) Leslie Harris, professor at Oregon State University,
                 Harris                          and KayT Garret, Assistant Attorney General and Chair of Putative
                                                 Father Sub-Work Group. (EXHIBIT G) This report talks about
                                                 juvenile court treatment of putative fathers. Defined as “alleged
                                                 biological father whose paternity hasn’t been established.” This bill
                                                 will do three things. First, change the definition of when putative
                                                 fathers should receive substantial procedural safeguards. Second, the
                                                 juvenile code provisions aren’t consisted with ORS Chapter 109
                                                 similar provisions, so they will be reconciled. Third, the juvenile
                                                 code doesn’t provide judges with clear authority in paternity disputes
                                                 so this bill resolves that problem.
220              Harris                          Talks about proposed amendments to the bill and the basic concepts
                                                 of the three solutions.
288              Linde                           Who does the alleging, if you’re an alleged father?
294              Harris                          Nobody. I believe you’re asking who makes these inquiries to decide
                                                 if a guy fits this?
297              Linde                           Can a social agency say multiple people are the father, but not know
                                                 which one?
300              Harris                          DHS does the petition and they decide who might be the father. The
                                                 notice is issued then. Alleged is used because it’s unknown.
315              Linde                           The proceeding starts with an allegation you’re the father?
320              Harris                          Doesn’t begin as paternity proceeding. A notice is sent out to these
                                                 people. In Oregon, as soon as a father’s paternity is established he
                                                 has the same legal rights as any father. Talked about difficulty of
                                                 amending Chapter 109 and Chapter 419. Were unable to define
                                                 which putative fathers will receive notice in non-juvenile court
                                                 proceedings of substantive rights.
400              Harris                          The Commission has approved a work group for the next session to
                                                 decide if the UPA should be adopted in Oregon. They will work on
                                                 resolving issues in Ch. 109 that weren’t fixed with this bill.
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complete contents, please refer to the tapes.
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TAPE 4A
29               Harris                          The statute was amended in regards to voluntary acknowledgement so
                                                 the child, child’s attorney and DHS could challenge in a juvenile
                                                 court proceeding for material mistake of fact.
52               Mowe                            Why doesn’t Section 8 refer to genetic testing, because it’s in the
                                                 challenge proceedings?
56               Harris                          Genetic testing isn’t done routinely, and since it’s expensive and
                                                 intrusive the Work Group didn’t want every case to require it.
63               KayT Garrett                    In Oregon, any father married to the child’s mother at conception is
                                                 presumed to be the legal father. The UPA Work Group will deal with
                                                 this issue.
76               Symeonides                      You said the child and the father. Did you mean or?
76               Harris                          Either one.
78               Symeonides                      The child can do it on his own if not under department care?
79               Harris                          Correct.
80               Linde                           You stated that consistent with due process is language that would be
                                                 put in. Could you reword it to say consistent with constitutional
                                                 standards.
83               Harris                          Section 8 actually talks about the court providing a separate party
                                                 notice for an opportunity to be heard.
85               Linde                           Not incorporating the 14th amendment?
86               Harris                          No.
87               Walter                          Is it binding in civil proceedings if a juvenile court decides who the
                                                 father is?
89               Harris                          Yes.
90               Walters                         Really concerned with implementing these substantive changes when
                                                 another Work Group will be working on the determining the
                                                 definition of parent. Feels like juvenile court will be given more
                                                 authority to do different things in Ch 109 then another court.
97               Harris                          Not an issue, because those disputes weren’t resolved by this Work
                                                 Group. The Work Group in the next session will be deciding on the
                                                 voluntary acknowledgements of paternity.
103              Walters                         This challenge is being put in and it wasn’t before.
104              Harris                          Correct. But the amendment isn’t just for juvenile court, it’s in
                                                 Chapter 109.
106              Walters                         Establishing parentage is a huge issue, and we’re redoing it?
110              Harris                          That’s not being changed inside or outside of juvenile court.
112              Garrett                         It’s referenced in Section 8.
114              Harris                          To comply with Chapter 109.
115              Walter                          This is the same definition of putative father?
117              Garrett                         As defined in Chapter 109.
118              Walters                         Could you be a putative father for juvenile court, but not for Chapter
                                                 109 purposes?
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complete contents, please refer to the tapes.
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                                                                                                                              Page 10
120              Harris                          Yes. Because of Chapter 419B existing provisions.
123              Walters                         The UPA Work Group may have changes to what you’ve done.
125              Harris                          Hopes they will interconnect with this bill so juvenile code can be
                                                 changed to coincide.
129              Vetri                           Can the alleged father appeal a court decision immediately or do they
                                                 wait until the end of the proceeding?
135              Garrett                         Didn’t discuss what a father could do, but generally interlocutory
                                                 appeals aren’t allowed.
138              Harris                          This issue exists, but wasn’t in the scope of our Work Group.
142              Brown                           The Chair would move that the Oregon Law Commission
                                                 approve LC 1143 with proposed amendments dated January 13,
                                                 2005 and the report and that these be forwarded to the 2005
                                                 Legislative Assembly. Commissioner Walters are you still
                                                 concerned?
150              Walters                         I understand.
155              Garrett                         Talks about minor changes discussed at morning meeting. The
                                                 bolded language on page 2 will be changed. Men in paternity
                                                 proceedings will now receive notice, termination of parental rights,
                                                 and entitlement to summons in juvenile dependency cases.
185              Brown                           The motion will read: approve the amendments, LC draft, and
                                                 written report. The proposed amendments will be further
                                                 modified as KayT Garrett amended. Motion carried.
202              Mary Claire                     Executive Director of Psychiatric Security Review Board and chair of
                 Buckley                         Sub-Work Group. Talks about PSRB bill SB 232 (LC1141).
                                                 (EXHIBIT H) This was approved by the commission last legislative
                                                 term and its the same bill with only one change regarding the term
                                                 mental disease or defect. This has been changed and is in the bill. The
                                                 fiscal impact will still be about the same.
265              Brown                           The Chair would move that the Law Commission approve LC
                                                 1141 and the written report and submit these to the 2005
                                                 Legislative Assembly. Motion approved.
272              Johnson                         The flow chart goes with the PSRB report.
283              Hansberger                      Talks about HB 2276 (LC 1247). The Welfare Code Work Group
                                                 worked on outdated language and provisions in ORS Chapter 412 and
                                                 413. (EXHIBIT I)
313              Lorey Freeman                   Started with Chapters 412 and 413 because old age assistance, aid to
                                                 the blind, and aid to the disabled don’t exist in Oregon. These
                                                 individuals receive federal supplemental security income.
334              Freeman                         “We had a very representative work group, and I’m pleased to say
                                                 they were very collaborative. I hoped that by going through the Law
                                                 Commission we would be able to work in a more collaborative way
                                                 than just submitting legislation and battling it out before the
                                                 legislature. This really proved to be true. I appreciate all the efforts
                                                 of DHS and other people who worked on this.”
344              Heather Vogelsong               Everything’s detailed section by section and most of the changes
                                                 concern updating and incorporating them into Chapter 411.
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complete contents, please refer to the tapes.
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                                                                                                                              Page 11
352              Hansberger                      Doesn’t believe the amendment to ORS 411.111 is addressed in the
                                                 report. The changes are listed on the bottom of the amendment page.
376              Schradle                        Any federal funding changes? Loss of TANIF funds?
382              Freeman                         No. The OSIP program and federal SSI program are connected. These
                                                 don’t relate to the medical program, just to the cash supplement.
403              Schradle                        Will have someone in DOJ review it.
409              Freeman                         Did want DOJ to have a member on the committee, but DHS sent
                                                 representatives from their agency.
412              Brown                           Numerous DOJ members are on the Juvenile Code Work Group.
417              Brown                           The Oregon Law Commission submits its approval of HB 2276 ,
                                                 which has already been introduced to the House Chamber with
                                                 the amendments and the report.
426              Hansberger                      Add the changes to ORS 411.111
438              Brown                           Chair moves Commission approval of HB 2276 with amendments
                                                 along with accompanying report. Motion approved.
TAPE 3B
19               Brown                           LC 1139 Juvenile Fitness to Proceed project will not happen for 2005.
                                                 At February meeting we can decide if this should continue.
32               Kenagy                          Would like to set a meeting in the first two weeks of February
39               Brown                           Friday’s won’t work because Senator Walker and I travel.
42                                               Meeting adjourned at 4:55 p.m.

Submitted By,                                                                      Reviewed By,



Julie K. Gehring                                                                   David R. Kenagy,
Administrative Assistant                                                           Executive Director

EXHIBIT SUMMARY

A – Annotated Oregon Law Commission Agenda
B – Guardian Ad Litem Report/Bill
C – Intervenor Cleanup Report/Bill
D – Confidentiality of Juvenile Court Records/Bill
E – Code of Ethics Project
F – Juvenile Code Split Report/Bill
G – Putative Fathers Report/Bill
H – Juvenile Panel of PSRB Report/Bill
I – Welfare Code Report/Amendments/Bill




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.

				
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