OAR 413-040-0450
Confidentiality

(1)

Many Department records are exempt from disclosure and are strictly confidential under the public records exemptions or confidentiality status. All medical records are privileged information. AIDS and/or HIV test results are specifically designated highly confidential by statute (ORS 433.045 (Notice of HIV test required)) and Department Health Administrative Rule (333-012-0270(1)–(9)) and must be held in the most strictly observed confidence possible to avoid consequences of casual or inappropriate disclosure of information. Information regarding a client’s HIV status is to be maintained in a locked file separate from the case.

(2)

In order to provide services to the child and to administer Department’s child welfare services, Department staff may inform only those directly involved in case planning and who have a need to know, that a child or an adult who has a significant role in the child’s plan, has AIDS or is HIV positive. The identification of who has a need to know in order to adequately meet the needs of the child shall be determined through a staffing which includes the worker, supervisor and Department central office (Personal Care Coordinator) representative, and should include input from the physician, county Health Department who ordered the test, or the HIV Program of the Department’s Health Policy cluster.

(3)

For children receiving services under a Voluntary Custody Agreement (CF 1005) or a Voluntary Placement Agreement (CF 499), the responsible parent(s) shall always be involved in making medical decisions for the child, and have access to medical information.

(4)

Each person who subsequently gains access to this information must keep it in strictest confidence (ORS 433.045 (Notice of HIV test required)(3)). The worker shall advise all persons who have access to the medical information of their duty to safeguard the confidential nature of the information.

(5)

If the Department learns from any source that a child is HIV positive, the above procedures must be followed.

(6)

Pursuant to Health cluster Rule 333-012-0270, if the Department possesses information that an adult client or other person associated with a case if HIV positive, this does not confer the right to disclose the information, except as permitted by Oregon law.

(7)

If disclosure of HIV information is deemed necessary for planning in the context of a court hearing, the worker shall not disclose the status in open court without either the written consent of the infected persons or a court order.

Source: Rule 413-040-0450 — Confidentiality, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-040-0450.

413–040–0000
Definitions 413–040–0005
Purpose 413–040–0006
Requirements for the Conditions for Return and the Protective Capacity Assessment 413–040–0008
Requirements for a Family Engagement Meeting 413–040–0010
Requirements for the Case Plan 413–040–0011
Requirements of Action Agreements 413–040–0014
Replacing or Adding Impending Danger Safety Threats During Ongoing Case Management 413–040–0016
Requirements for Review of the Case Plan 413–040–0017
Requirements for Return and Reunification 413–040–0024
Requirements for an In-home Ongoing Safety Plan Prior to Return and Next Day Contact 413–040–0032
Requirements for Closing the In-Home Ongoing Safety Plan and Closing the Case 413–040–0100
Purpose 413–040–0130
Administrative Reviews for Title IV and ORS 419A.090 et seq. 413–040–0135
Responsibility for Administrative Reviews 413–040–0140
Permanency Hearings by the Court 413–040–0145
Court Notification of Placement Changes 413–040–0150
Participant Notification of Administrative Reviews, Permanency Hearings, and Review Hearings 413–040–0155
Participants in Administrative Reviews and Permanency Hearings 413–040–0157
Documentation Requirements for Administrative Reviews and Permanency Hearings 413–040–0159
Notification and Distribution Requirements for Administrative Reviews and Permanency Hearings 413–040–0170
Judicial Requirements for Voluntary Custody Agreement or Child Placement Agreement 413–040–0200
The Interstate Compact on the Placement of Children (ICPC) -- History and Purpose 413–040–0208
Placements Subject to the ICPC 413–040–0222
Delay, Denial, Termination, Reversal of ICPC Placement Approval, Appeal 413–040–0228
Placement of Oregon Children 413–040–0240
Financial and Medical Responsibility 413–040–0248
Travel Arrangements and Reimbursement for Transportation Expenses 413–040–0268
Placement of Children or Young Adults from Other States in Oregon 413–040–0282
Independent and Private Agency Adoptions 413–040–0292
ICPC Case Closure 413–040–0400
Policy 413–040–0420
HIV Antibody Testing 413–040–0430
Informed Consent 413–040–0440
Counseling 413–040–0450
Confidentiality
Last Updated

Jun. 8, 2021

Rule 413-040-0450’s source at or​.us