Child Welfare Services

ORS 418.256
Interference with disclosure of information

  • rules


(1)

A child-caring agency 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 care of the child-caring agency, violations of licensing or certification requirements, criminal activity at the child-caring agency, violations of state or federal laws or any practice that threatens the health and safety of a child in the care of the child-caring agency to:

(a)

The Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the child-caring agency; or

(b)

A family member, guardian or other person who is acting on behalf of the child.

(2)

A child-caring agency 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 department may revoke or suspend the license, certification or authorization of a child-caring agency that is found to have violated subsection (1) of this section.

(4)

The department shall adopt rules to carry out the provisions of this section.

(5)

This section does not authorize the disclosure of:

(a)

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; or

(b)

Information protected under ORS 419A.255 (Maintenance) and 419A.257 (Reports and materials privileged). [2019 c.381 §11]
Chapter 418

Notes of Decisions

Where plaintiffs brought action under 42 U.S.C. 1983 alleging violation of federal civil rights after defendant Children's Services Division employees removed plaintiffs' child from home following reports of abuse, CSD workers entitled to absolute immunity in investigation, taking child into custody and keeping plaintiffs from visiting child. Tennyson v. Children's Services Division, 308 Or 80, 775 P2d 1365 (1989)


Source

Last accessed
Jun. 26, 2021