Current through Register Vol. 63, No. 3, March 1, 2024
In the interest of family privacy and to protect children,
families and other recipients of services, except as provided by Oregon
statutes and these rules:
(1) Client
information is confidential.
(2)
Client records are not available for public inspection.
(3) Oregon statutes and these rules regulate
the Department's disclosure of client information by prohibiting disclosure of
some client information, mandating disclosure of some information, and giving
the Department discretion to disclose some information, as summarized below:
(a) Summary of some "prohibited disclosures",
See OAR 413-010-0035, generally, which includes but is not limited to:
(A) Information compiled for criminal law
enforcement purposes. See OAR 413-010-0035(3);
(B) Alcohol and drug abuse treatment records.
See OAR 413-010-0035(6);
(C)
Information in records sealed by a court order of expunction. See OAR
413-10-0035(7);
(D) Adoption
records. See OAR 413-010-0035(8);
(E) Adoption assistance records. See OAR
413-010-0035(9);
(F) Information
identifying a person who reported suspected child abuse. See OAR
413-010-0035(10);
(G) Records and
reports of child abuse. See OAR 413-010-0035(11); and
(H) Juvenile court records. See OAR
413-010-0035(12).
(b)
Summary of some "mandatory disclosures", See OAR 413-010-0045 which includes
but is not limited to:
(A) A client 18 years
or older. See OAR 413-010-0045(2)(a);
(B) A parent or guardian of a child receiving
voluntary services. See OAR 413-010-0045(2)(b);
(C) A juvenile or tribal court. See OAR
413-010-0045(2)(d);
(D) A child's
attorney in a juvenile proceeding. See OAR 413-010-0045(2)(e);
(E) A parent or guardian of a child provided
services in certain circumstances. See OAR 413-010-0045(2)(b),(c);
and
(F) A Court Appointed Special
Advocate (CASA). See OAR 413-010-0045(4).
(c) Summary of some "mandatory disclosures if
it is in the child's best interest." See OAR 413-010-0055, generally, which
includes but is not limited to:
(A)
Department employees as needed to perform their duties and provide services to
the child or family. See OAR 413-010-0055(1)(a); and
(B) Persons providing services to the family
to the extent necessary to provide those services described in OAR
413-010-055(1)(c).
(d)
Summary of some "discretionary disclosures". See OAR 413-010-0065 generally,
which includes but is not limited to:
(A) The
Department and other state employees for audits, program reviews, or quality
control;
(B) Law enforcement or
district attorney's offices for child abuse assessments and investigations and
proceedings connected with administering the child welfare laws. See OAR
413-010-0065(2)(b);
(C) The public
if a child in the Department's custody has been abducted or is believed
abducted. See OAR 413-010-0065(2)(c);
(D) General information, policy statements,
statistical reports or similar compilations not identified with a client. See
OAR 413-010-0065(3);
(E) Adult's
presumed waiver of confidentiality. See OAR 413-010-0065(4);
(F) Review of the Department records for
research purposes. See OAR 413-010-0065(5); and
(G) Investigation of Other Crime. See OAR
413-010-0065(6).
Stat. Auth.: ORS
418.005 &
418.340
Stats. Implemented: ORS
7.211,
409.225,
419A.255,
419A.260,
419B.035,
430.763 &
432.420
