Signed by Governor Tina Kotek

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the Department of Human Services from using specified money intended for children in foster care for maintenance costs.

Highlights:

• Defines maintenance cost to mean a payment to a foster parent or relative caregiver for the costs of providing a child with food, clothing, housing, daily supervision, personal incidentals, and transportation (Sec. 1).

• Prohibits the Department of Human Services from using funds, benefits, payments, proceeds, settlements, awards, inheritances, wages, or other moneys received by the department on behalf of a child for the purpose of maintenance costs, except for moneys received pursuant to a child support order or as otherwise specifically required by state and federal law (Sec. 1).

• Requires that the department establish separate accounts for each child that they will receive funds or other moneys (Sec. 2).

• Requires that the department in collaboration with the State Treasurer, administer each account established consistent with the department’s fiduciary duties, in the best interest of the child, and in compliance with any state or federal law, court order, or other legal instrument (Sec. 2).

• Authorizes the department to make distributions from a separate account for expenditures related to the personal needs of the child including (Sec. 2):

• Tuition, tutoring, and training;

• Transportation to work or training in order to maintain family connections;

• Travel for education;

• Expenses related to the child’s transition into adulthood;

• Technology needed to advance the child’s skills in school, work, or to maintain sibling connections;

• Clothing or supplies for special events related to the child’s culture;

• Instruments, books, supplies, and equipment to support the child’s hobbies.

• Prohibits the department from making distributions from a child’s separate account for expenses related to the duties of a legal custodian (Sec. 2).

• Authorizes the department, at the request of the child or their representatives, to (Sec. 2):

• Direct money that would be received by the department on behalf of he child instead be paid directly into a trust account or subaccount of a trust account for the purpose of receiving moneys payable to the child and that earns interest for the benefit of the child;

• Distribute money held by the department for the child to an Oregon Uniform transfers to Minors Act account, an account established with the Oregon 529 Savings Network, and ABLE account, a trust, or any other privately held account.

• Increases the limitation on expenditures collected by the Department of Human Services for child welfare programs by $117,722 for child in care maintenance costs (Sec. 4).

• Reduces the limitation on expenditures collected or received by the Department of Human Services for child welfare programs by $388,519 (Sec. 4).

• Increases the General Fund appropriation for intellectual and developmental disabilities programs by $193,572 for child in care maintenance costs (Sec. 4).

• Specifies that this Act take effect on its passage in order to preserve the public peace, health, and safety (Sec. 9).

Full Bill Text