Current through Register Vol. 63, No. 12, December 1, 2024
(1) The
Department must disclose client information if disclosure is required by ORS
419A.255 or
419B.035.
(2) Unless a client record is exempt from
disclosure under the Public Records Law, ORS
192.311 through
192.431, the Department must
disclose the client record in the circumstances described below:
(a) If the client is 18 years or older or
legally emancipated, the Department must disclose, upon request:
(A) The client's records to the client if no
court order prohibits the disclosure; or
(B) The client's records to a third party if
no court order prohibits the disclosure and the client has authorized the
Department in writing to disclose the records to the third party.
(b) Upon the request of a child's
parent or guardian, the Department must disclose a child's client records to
the parent or guardian if the child is receiving voluntary Department
services.
(c) Upon the request of a
child's parent or guardian, the Department must disclose a child's client
records to the parent or guardian if the child is or has been in the
Department's custody unless:
(B) Disclosure would be
contrary to the best interests of any child; or
(C) Disclosure could be harmful to the person
caring for the child, including, but not limited to, resource parents,
treatment providers and relatives other than the child's parent or
guardian.
(d) The
Department must disclose a child's client record to the juvenile court in
juvenile proceedings, including tribal proceedings regarding the
child;
(e) The Department must
disclose a child's client records to an attorney who identifies as the child's
attorney if the juvenile court confirms that they are the attorney of record in
a juvenile proceeding.
(3) Information related to the Department's
activities and responsibilities in child abuse cases. Upon request, the
Director or the Director's designee must review the information related to the
Department's activities and responsibilities:
(a) When child abuse causes the death or near
death of a child or an adult is charged with a crime related to child abuse;
and
(b) Unless the information is
exempt from disclosure under other law, the Director or the Director's designee
must determine an appropriate time for disclosing the information and that
determination must depend on, among other things, the status of any child abuse
or criminal investigations and the privacy interests of the victims.
(4) Disclosure to Court Appointed
Special Advocate (CASA):
(a) Access to
information. Upon presentation of the order of appointment by the court, a
CASA, without the consent of the child or children or parents, may inspect and
copy any records relating to the child or children involved in the case held by
the following entities:
(A) The Department,
the state courts, and any other agency, office or department of the state;
and
(B) Hospital, school
organization, division, doctor, nurse or other health care provider,
psychologist, psychiatrist, police department or mental health
clinic.
(b) All records
and information acquired or reviewed by a CASA during the course of official
duties are confidential;
(c) When a
CASA is also the guardian ad litem pursuant to federal law, this rule governs
the guardian ad litem's access to information.
(5) If, in the professional judgment of the
caseworker, information about a child indicates that the child presents a clear
and immediate danger to another person or entity, the Department must disclose
the information to the appropriate authority and to the person or entity in
danger. The decision to release information in these circumstances will be made
in consultation with a supervisor.
(6) Notwithstanding the subsections above,
the Department may not disclose a record of sexual orientation, gender
identity or gender expression unless:
(a) The department determines, in written
findings, that failure to disclose the record is reasonably likely to
jeopardize the child's safety or well-being;
(b) The department determines, in written
findings, that disclosure of the record is necessary to provide services to the
child or the child's family; or
(c)
The child consents to the disclosure.
Statutory/Other Authority: ORS
418.005 & ORS
409.050
Statutes/Other Implemented: ORS Ch. 192.410-192.505, ORS
409.225, ORS
419B.035 & ORS
419B.112