OAR 411-005-0035
Release of Information in Judicial Proceedings

(1)

Client specific information must not be divulged in any judicial proceeding unless:

(a)

The proceeding is directly connected with administration of public assistance or service under chapter 411 of the Oregon Administrative Rules; or

(b)

The client has given written authorization for release of specific information at the judicial proceeding; or

(c)

A judge orders the release of the information.

(2)

Except in the presence of one of these three conditions, no information will be released in any form during any stage of a judicial proceeding either voluntarily or as the result of a subpoena.

(3)

When appearing before the court in a judicial proceeding where the proceeding are not directly connected with administering the programs covered by chapter 461 of the Oregon Administrative Rules and there is no written client authorization that permit the release of information, a Department employee provides the presiding judge with copies of the state statutes relating to confidentiality of client records (such as ORS 411.117 (Requirements when victims of domestic violence apply for or receive TANF), 411.320 (Disclosure and use of records limited to purposes connected to administration of public assistance programs), and 418.130). The employee requests the court’s guidance about testifying under the statutes.

Source: Rule 411-005-0035 — Release of Information in Judicial Proceedings, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=411-005-0035.

Last Updated

Jun. 8, 2021

Rule 411-005-0035’s source at or​.us