Child Care

ORS 329A.348
Interference with disclosure of information


(1)

A child care facility may not interfere with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a child in the child care facility, violations of licensing or certification requirements, criminal activity at the facility, violations of state or federal laws or any practice that threatens the health and safety of a child in the child care facility to:

(a)

The Office of Child Care, a law enforcement agency or other entity with legal or regulatory authority over the child care facility; or

(b)

The child’s parent, legal guardian or personal representative as defined in ORS 192.556 (Definitions for ORS 192.553 to 192.581).

(2)

A child care facility interferes with the disclosure of the information described in subsection (1) of this section by:

(a)

Asking or requiring the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information;

(b)

Training an employee or volunteer not to disclose the information; or

(c)

Taking actions or communicating to the employee or volunteer that the employee or volunteer may not disclose the information.

(3)

The office may revoke or suspend the certification of a child care facility that is found to have violated subsection (1) of this section.

(4)

The disclosure of information to a child’s parent, legal guardian or personal representative under subsection (1) of this section does not relieve the employee or volunteer of any obligation to report the abuse of a child.

(5)

This section does not authorize the disclosure of protected health information, as defined in ORS 192.556 (Definitions for ORS 192.553 to 192.581), other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information) or by other state or federal laws limiting the disclosure of health information. [2019 c.381 §8]

Source

Last accessed
Jun. 26, 2021