(b) A county or counties that contract with the Oregon Youth Authority under this section shall have access to a continuum of out-of-home placement options including, but not limited to, youth correction facilities, youth care centers, foster care and private placements. Participating counties shall be ensured access to an equitable share of out-of-home placements.

(c) A county or counties that contract with the Oregon Youth Authority under this section have the responsibility for parole decisions regarding youths from the county or counties committed to youth correction facilities. In the event that a county or counties are operating over the allocated youth correction facility cap, the youth authority may assume parole authority until the county population is at the cap.

(d) The state and county may agree that the governing body of the county or counties may subcontract for services or that the state will provide services or that the county or counties may subcontract for some services and the state provide other services as stipulated in the contract with the youth authority.

(e) When services previously provided by the Oregon Youth Authority transfer to a county or counties, terms of the contract must include, but need not be limited to, the actual cost of employee salaries, benefits and other payroll expenses, plus support costs necessary for the transferred positions.

(f) The youth authority is responsible for performance auditing of contracts and subcontracts.

(g) The youth authority shall contract directly with service providers in those counties where the governing body of the county or counties chooses not to contract with the youth authority.

(h) The funds provided to implement the diversion plan or provide for out-of-home placement or parole and probation services shall not be used by a county to supplant moneys otherwise provided to the county juvenile department for services to delinquent youth.

(2)(a) Unless otherwise provided in the contract, a county that is contracting with the youth authority under subsection (1) of this section shall supervise state employees providing parole and probation services within the county.

(b) Subject to a collective bargaining agreement, supervision under this subsection includes discipline, performance evaluation, training and all other functions previously carried out by state employed supervisors. [1985 c.500 §8; 1995 c.422 §92; 1997 c.249 §134]