Oregon Administrative Rules
Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS
Division 10 - CLIENT RIGHTS
Section 413-010-0055 - Mandatory Disclosure if in the Child's Best Interest
Universal Citation: OR Admin Rules 413-010-0055
Current through Register Vol. 63, No. 12, December 1, 2024
(1) Unless client information is exempt from disclosure under another provision of law, and if disclosure is in the child's best interest, the Department will disclose client information records to the following persons:
(a) Employees of the
Department of Human Services to the extent necessary to perform their official
duties, determine the child's or family's eligibility for services, or provide
services to the child or family;
(b) The Division of Child Support of the
Department of Justice, when information is needed in order to locate children
or absent parents, and to establish support for children in substitute care;
and
(c) Treatment providers,
resource parents, adoptive parents, school officials or other persons providing
services to the child or family to the extent that such disclosure is necessary
to provide services to the child or family. Such services include, but are not
limited to, those provided by resource parents, child care centers, private
child caring agencies, treatment centers, Indian social service or child
welfare agencies, physicians and other health care providers, mental health
professionals, volunteers, student interns, and child protection
teams.
(2) Sensitive Review Committee.
(a) The Director of the
Oregon Department of Human Services (Director) may choose to convene, either on
the Director's own motion or upon a request of the President of the Senate or
the Speaker of the House, a sensitive review committee for the purpose of
reviewing the actions of the Department, in order to improve the quality of and
strengthen child welfare practice in future cases. If the Director convenes a
committee at the request of the President or the Speaker, then the Director
must submit the final written report containing the findings, conclusions, and
recommendations of the committee to the President and the Speaker no more than
180 days after receiving the request from the President or the
Speaker.
(b) Unless client
information is exempt from disclosure under ORS Chapter 192 or another
provision of law, and if disclosure is in the child's best interest, the
Director or the Director's designee must direct disclosure of relevant client
information to persons appointed to a sensitive review committee convened by
the Director.
(A) Any record disclosed to the
committee members must be kept confidential by the members of the committee and
must be used only for the purpose for which the record was disclosed.
(B) Any records disclosed to the committee
members must be returned to the Department upon completion of the
review.
(3) 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 409.050, ORS 409.194 & ORS 418.005
Statutes/Other Implemented: ORS 409.010, ORS 409.194, ORS 409.225 & ORS 418.005
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