OAR 413-010-0045
Mandatory Disclosure

(1)

The Department must disclose client information if disclosure is required by ORS 419A.255 (Maintenance) or 419B.035 (Confidentiality of records).

(2)

Unless a client record is exempt from disclosure under the Public Records Law, ORS 192.410 through 192.505, 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:

(A)

The child objects;

(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, foster 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.

Source: Rule 413-010-0045 — Mandatory Disclosure, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-010-0045.

413–010–0000
Definitions 413–010–0010
Purpose 413–010–0030
Protection of Information 413–010–0035
Prohibited Disclosures 413–010–0045
Mandatory Disclosure 413–010–0055
Mandatory Disclosure if in the Child’s Best Interest 413–010–0065
Discretionary Disclosure 413–010–0068
Disclosure of Information Exempt Under the Public Records Law 413–010–0075
Disclosure Procedures 413–010–0170
Purpose 413–010–0175
Definitions 413–010–0180
Rights of Children and Young Adults in the Legal Custody of the Department 413–010–0185
Department Responsibilities 413–010–0200
Purpose 413–010–0210
Department Responsibilities 413–010–0220
Interrogation/Polygraph 413–010–0230
Attorney Interview 413–010–0240
Other Interviews 413–010–0300
Purpose 413–010–0310
Definition 413–010–0320
Relative Involvement in Case Planning and Court Hearings 413–010–0330
Communication and Visitation 413–010–0340
Department Responsibility to Make Diligent Efforts to Place a Child or Young Adult with Relatives 413–010–0400
Purpose 413–010–0410
Definitions 413–010–0420
Right to Review 413–010–0430
Grievances Not Subject to These Rules 413–010–0440
Informal Complaint Review 413–010–0480
Judicial Review 413–010–0500
Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time 413–010–0502
Representation 413–010–0505
Hearing Requests 413–010–0510
Notice 413–010–0515
Continuation of Benefits 413–010–0520
Informal Conference 413–010–0525
Burden of Proof 413–010–0530
Withdrawals and Dismissals 413–010–0535
Proposed and Final Orders 413–010–0700
Purpose 413–010–0705
Definitions 413–010–0710
Required Forms 413–010–0714
Notice and Review when the Perpetrator is a Department Employee 413–010–0715
Providing Notice of a CPS Founded Disposition 413–010–0716
Providing Notice of a CPS Founded Disposition and Other Documents to a Juvenile 413–010–0717
Inquiry about a Review When a CPS Founded Disposition was Made Prior to August 4, 2000 413–010–0718
Inquiry about a Review of a CPS Founded Disposition When a Person Believes They Have Not Received a Notice 413–010–0720
Information Included in the “Notice of a CPS Founded Disposition” (Form CF 313) 413–010–0721
Making a Request for a Review of a CPS Founded Disposition 413–010–0722
Determining When Legal Findings Preclude a Right to Request a Review and Providing Notice of Legal Proceeding (Form CF 317) 413–010–0723
Providing a Notice of Legal Finding (Form CF 318) 413–010–0724
Providing a Notice of Waived Rights (Form CF 316) When a Request for Review Has Been Received 413–010–0732
Local Child Welfare Office Responsibilities Related to Notices and Reviews 413–010–0735
Local Child Welfare Office Review of CPS Founded Dispositions 413–010–0738
Notice of Local Child Welfare Office CPS Founded Disposition Review Decision 413–010–0740
Requesting a Central Office Review 413–010–0743
Local Office Responsibilities in a Request for Central Office CPS Founded Disposition Review 413–010–0745
Central Office Review of CPS Founded Dispositions 413–010–0746
Notice of Central Office CPS Founded Disposition Review Decision 413–010–0748
Review Initiated by the Department 413–010–0750
Revising Founded Abuse Dispositions in the Department’s Electronic Information System
Last Updated

Jun. 8, 2021

Rule 413-010-0045’s source at or​.us