OAR 416-105-0040
Other Access
(1) Judicial proceedings
(a) Information from confidential records must not be disclosed in any judicial proceedings unless it is directly connected with the administration of OYA programs, or when the offender has given written and specific authorization for such release, or when ordered by the court.
(b) OYA staff served with a subpoena or involved in any other legal process that may include the release of confidential information must act within OYA policy standards.
(2) Research: OYA may approve a person or organization to review records for research purposes, according to OAR chapter 416, division 170.
(3) Offenders or Authorized Representatives
(a) An offender may see only the offender’s own record.
(b) OYA staff will review each request and record individually before it is released to the offender for review in accordance with OYA policy.
(A) The offender may read the record in the presence of OYA staff.
(B) OYA may seek legal counsel review of a request when the release of information may be harmful to the offender or others.
(c) For Department of Corrections’ offenders in OYA physical custody, the Department of Corrections’ record disclosure rules also apply.
(d) An offender’s attorney of record for the crime of commitment: OYA staff will review each request and record individually before it is released to the attorney of record for review in accordance with OYA policy.
(4) An offender’s parent or legal guardian
(a) Reports and other materials relating to the offender’s history and prognosis may be disclosed to parents or legal guardians upon request, as defined by Oregon laws.
(b) OYA may seek legal counsel review of a request if the release of information may be harmful to the offender or to determine if the information is otherwise protected by Oregon Law.
(c) Unless ordered by the court to release the information, OYA may withhold from a parent or guardian the address of an offender’s substitute care provider if OYA has reason to believe such action is necessary to protect the safety of the offender or the substitute care provider.
(5) Law enforcement:
(a) Except as authorized by federal or state law and OYA policy, OYA staff must not give law enforcement agencies any information from an offender’s or former offender’s case records, conversations, or sources obtained because the offender is or was in OYA’s custody.
(b) Information related to a child abuse assessment, criminal investigation, or civil or criminal proceeding to administer OYA programs may be released.
(c) An offender’s current address may be provided to law enforcement agencies when all the following are true:
(A) The law enforcement agency provides the name and social security number of the offender;
(B) The law enforcement agency satisfactorily demonstrates that the offender is a fugitive, the apprehension of the offender is within the law enforcement agency’s official duties, and the request is made in the proper exercise of those duties.
Source:
Rule 416-105-0040 — Other Access, https://secure.sos.state.or.us/oard/view.action?ruleNumber=416-105-0040.