OAR 416-105-0010
Disclosure of Offender Case Record Information
(1)
Requests for case record information must be processed in compliance with OAR chapter 416, division 130.(2) OYA will disclose information contained in offender case records in compliance with applicable federal and state laws, rules, and OYA policies and procedures.
(a) Case records are any official agency information that identifies an individual who was committed to OYA custody by a court and received services from OYA. Case records include any writing or recording of information, such as automated records, printouts, Juvenile Justice Information System records, handwriting, typewriting, printing, photocopying, photographing, magnetic tapes, video recordings, audio recordings, and other documents.
(b) OYA must also follow the Oregon Department of Corrections’ rules when disclosing information contained in case records of offenders who are, or were, in the legal custody of the Department of Corrections and physical custody of OYA.
(3) Case record information may be used by OYA for purposes directly connected to the administration of OYA programs. Other uses are prohibited unless:
(a) Required by federal or state law or regulation;
(b) Ordered by a judge;
(c) Pursuant to a subpoena;
(d) Authorized by Oregon laws or administrative rules; or
(e) Requested in writing by the offender or the offender’s authorized representative.
(4) Confidential information
(a) Individuals, agencies, or organizations that receive confidential information from OYA are expected to preserve the confidentiality of the communication.
(b) Information obtained by OYA from another social agency, public department, institution, hospital, physician, or attorney is for the exclusive use of OYA in the administration of its program. Such information may be disclosed to individuals or agencies other than those specifically authorized in writing by the offender when the disclosure is directly related to the administration of OYA and its programs.
(A) Information received by OYA from Old Age Survivor and Disability Insurance (OASDI), Veteran’s Administration, the Workers’ Compensation Board, or information contained in child abuse investigation reports may not be released, regardless of the offender’s authorization.
(B) Substance use treatment information may only be released when criteria in the federal regulations are met.
(C) Release of offender medical records or mental health information may only be released in compliance with Oregon laws.
(5) Copies of offender information used for ad hoc consultation (e.g., case staffing) and not needed for the consultant’s permanent file must be promptly destroyed.
(6) When an offender’s case record or part of the case record has been sealed or marked as expunged, the provisions of OAR chapter 416, division 140 apply.
Source:
Rule 416-105-0010 — Disclosure of Offender Case Record Information, https://secure.sos.state.or.us/oard/view.action?ruleNumber=416-105-0010.