ORS 419A.258
Motion to inspect or copy records


(1)

Any person or entity not included in ORS 419A.255 (Maintenance) as a person or entity entitled to inspection or copying of the record of the case or the supplemental confidential file may file a motion with the court to inspect or copy the record of the case or the supplemental confidential file. The person or entity filing the motion shall file a sworn affidavit or declaration under penalty of perjury that states all of the following:

(a)

The reasons why the inspection or copying is sought;

(b)

The relevancy, if any, of the inspection or copying to the juvenile court proceeding; and

(c)

How the inspection or copying will serve to balance the interests listed in subsection (6) of this section.

(2)

Intentionally left blank —Ed.

(a)

No later than 14 days before the court considers the motion, the person or entity filing the motion shall serve all parties and attorneys of record to the juvenile court proceeding with a copy of the motion and affidavit or declaration. Except as provided in paragraph (b) of this subsection and regardless of whether the juvenile court proceeding was commenced under ORS chapter 419B or 419C, service under this subsection must be consistent with the provisions of ORS 419B.851 (Service of process) and 419B.854 (Computing statutory time periods). The person or entity filing the motion shall also provide all parties and attorneys of record with written notice that the party has until 14 days after the date of service to file a response or objection to the motion or such other time as specified by the court under paragraph (c) of this subsection.

(b)

If the affidavit or declaration of the person or entity filing the motion states that the person or entity does not know the identity or address of a party or attorney of record, the court shall mail notice of the time to respond or object to the party or attorney of record at the party’s or attorney of record’s last known address and shall note in the register the date the notice was mailed. The notice must be mailed at least 14 days before the court considers the motion or such other time as specified by the court under paragraph (c) of this subsection.

(c)

On its own motion or upon application of the person or entity filing the motion, and for good cause shown, the court may reduce or extend the time for service of the motion and affidavit or declaration.

(3)

The court may summarily deny the motion if the requirements of subsections (1) and (2) of this section have not been met.

(4)

The court may set a hearing to consider the motion and shall send notice of the time and place of the hearing to all parties.

(5)

Upon determination by the court that the person or entity filing the motion has met the requirements of subsections (1) and (2) of this section, the court shall conduct an in camera review, taking into consideration any response or objections made by a party.

(6)

Following the in camera review under subsection (5) of this section, in making the determination of whether to allow inspection or copying of the record of the case or the supplemental confidential file, in whole or in part, the court shall weigh the following interests:

(a)

The privacy interests and particular vulnerabilities of the child, ward, youth or adjudicated youth, or of family members, that may be affected by the inspection or copying of all or part of the record of the case or the supplemental confidential file;

(b)

The interests of the other parties to, or victims in, the juvenile court proceeding;

(c)

The interests of the person or entity filing the motion; and

(d)

The interests of the public.

(7)

In granting a motion made under this section, the court:

(a)

Shall allow inspection or copying only as necessary to serve the legitimate need of the person or entity filing the motion, as determined by the court;

(b)

May limit inspection or copying to particular parts of the record of the case or the supplemental confidential file;

(c)

May specify the timing and procedure for allowing inspection or copying; and

(d)

Shall make protective orders governing use of the materials that are inspected or copied. [2016 c.95 §9; 2021 c.489 §55]

Source: Section 419A.258 — Motion to inspect or copy records, https://www.­oregonlegislature.­gov/bills_laws/ors/ors419A.­html.

419A.004
Definitions
419A.010
Appointment of counselors and director
419A.012
Duties of director or counselor
419A.014
Reports by juvenile department
419A.015
Reports to school administrators concerning adjudicated youths on probation
419A.016
Powers of director or counselor
419A.018
Juvenile department is county agency
419A.020
County responsibility for expenses of juvenile department
419A.022
Responsibility of counties over 400,000 population
419A.045
Policy and purpose
419A.046
Definition for ORS 419A.046 and 419A.048
419A.048
Court to comply with fiscal reporting procedures
419A.050
Authority to acquire, equip and maintain detention and shelter facilities
419A.052
Specifications of facilities
419A.055
Examination of facilities
419A.057
Payment of maintenance expenses
419A.059
Designation of detention and shelter facilities
419A.061
Inspection of detention facilities
419A.063
Requirements for detention facilities
419A.090
Local citizen review boards
419A.092
Membership
419A.094
Additional boards
419A.096
Duties of Judicial Department in administering boards
419A.098
Rules
419A.100
Confidentiality of information
419A.102
Access to confidential information by boards
419A.104
Report on children and wards in substitute care
419A.106
Review of cases generally
419A.107
Review of cases of adjudicated youths
419A.108
Procedure for conflicts of interest
419A.109
Review of cases of wards for whom guardian has been appointed
419A.110
Immunity of participants in case review
419A.112
Disclosure of information to participants in case review
419A.114
When presence of agency personnel at board hearings required
419A.116
Findings and recommendations
419A.118
Records
419A.120
Court use of findings and recommendations
419A.122
Use of findings and recommendations by Department of Human Services
419A.124
Policy and procedure recommendations
419A.128
State Citizen Review Board Operating Account
419A.150
Appointment
419A.180
Power of court to enforce orders by contempt order
419A.190
Effect of adjudicatory hearing or admission
419A.200
Who may appeal
419A.205
Judgments described
419A.208
Orders subject to appeal by state
419A.209
Joint motion to vacate judgment or order
419A.211
Appointment of counsel
419A.240
Use of restraints during juvenile court proceedings
419A.245
Use of restraints during transport
419A.250
Authority
419A.252
Definitions for ORS 419A.252, 419A.253, 419A.255 and 419A.256
419A.253
When information in report, material or document considered by court must be identified in record
419A.255
Maintenance
419A.256
When transcript of proceeding is part of record of case
419A.257
Reports and materials privileged
419A.258
Motion to inspect or copy records
419A.260
Expunction
419A.262
Expunction proceeding
419A.265
Eligibility for order of expunction for certain adjudications involving marijuana
419A.267
Notice of expunction
419A.269
Effect of expunction
419A.271
Appointment of counsel
419A.300
Reports to school districts concerning young persons on conditional release
419A.305
Notice to school administrators concerning students subject to juvenile court petitions
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