OAR 413-010-0065
Discretionary Disclosure

(1)

The Department may disclose client information when disclosure is required or authorized by:

(a)

ORS 491B.035 (governing confidentiality of child abuse reports and records), set out in OAR 413-010-0035 (Prohibited Disclosures)(11); or

(b)

ORS 419A.255 (Maintenance) (governing confidentiality of juvenile court records) set out in OAR 413-010-0035 (Prohibited Disclosures)(12).

(2)

The Department may disclose client information for purposes directly connected with the administration of child welfare laws including, but not limited to:

(a)

Disclosure to employees of the Secretary of State’s Office, the Department of Administrative Services, the Department of Health and Human Services, and the Department who require information to complete audits, program reviews and quality control;

(b)

Disclosure to law enforcement officers and district attorneys’ offices needing information for child abuse assessments, criminal investigations, civil and criminal proceedings connected with administering the agency’s child welfare programs; and

(c)

Disclosure to the public if a child in the Department’s legal custody has been abducted or is missing and believed to be abducted, and is in danger of harm or a threat to the welfare of others. The Department may disclose limited information to the extent necessary to identify, locate, or apprehend the child, including the child’s name, description, and that the child may pose a threat to the public or self.

(3)

The Department may disclose general information including, but not limited to policy statements, statistical reports or similar compilations of data which are not identified with an individual child, family or other recipient of services, unless protected by other provisions of law.

(4)

Presumed Waiver of Protection of ORS 409.225 (Confidentiality of child welfare records, files, papers and communications)(1). The Department may disclose the information described in section (5) of this rule if the Director or the Director’s designee determines that all of the following circumstances are present:

(a)

An adult client is the subject of client information made confidential by ORS 409.225 (Confidentiality of child welfare records, files, papers and communications)(1);

(b)

The Public Records Law does not exempt the information from disclosure;

(c)

The adult client has publicly revealed or caused to be revealed any significant part of the confidential information and thus is presumed to have voluntarily waived the confidentiality protection of ORS 409.225 (Confidentiality of child welfare records, files, papers and communications)(1);

(d)

Disclosure is in the best interest of the child; and

(e)

Disclosure is necessary to the administration of the child welfare laws.

(5)

If disclosure is authorized under section (4) of this rule, the Department may disclose information about the person making or causing the public disclosure, not already disclosed, but related to the information made public.

(6)

Review of Department records for research purposes. The Director or the Director’s designee may authorize a person or organization to review Department records for research purposes. The Department may not approve the request until the researcher has agreed, in writing, to maintain the confidentiality of individual clients, not to copy the Department records, and not to include identifying information about any client in the report or reports of the research.

(7)

Investigation of Other Crime:

(a)

Except as authorized by subsection (2)(b) of this rule, and ORS 409.225 (Confidentiality of child welfare records, files, papers and communications), Department employees may not disclose to law enforcement client information obtained from client records, conversations with clients or other sources if the employee or employees acquired the information because a person is or has been a client of the Department;

(b)

A manager or the manager’s designee may disclose to law enforcement a client’s current address when:

(A)

The law enforcement officer provides the name and social security number of the client; and

(B)

The officer satisfactorily demonstrates that the client is a fugitive felon (as defined by the state), the location or apprehension of such felon is within the law officer’s official duties, and the request is made in the proper exercise of those duties.

Source: Rule 413-010-0065 — Discretionary Disclosure, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-010-0065.

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 413-010-0065’s source at or​.us