ORS 419B.035
Confidentiality of records

when available to others
rules

Amended by HB 4005

Effective since March 9, 2022

Relating to early childhood; creating new provisions; amending ORS 307.480, 315.208, 327.274, 329A.010, 329A.030, 329A.120, 329A.135, 329A.250, 329A.270, 329A.310, 329A.500, 329A.992, 419B.005, 419B.035, 433.235, 609.652, 742.260 and 825.017 and section 5, chapter 576, Oregon Laws 2021, and sections 10 and 64, chapter 631, Oregon Laws 2021; and declaring an emergency.

Amended by SB 1547

Effective since March 23, 2022

Relating to children; creating new provisions; amending ORS 329A.030, 329A.250, 329A.252, 329A.255, 329A.390, 418.205, 418.322, 418.359, 418.992, 419B.005 and 419B.035; repealing ORS 329A.257; and declaring an emergency.

Text
Annotations 6

(1)

Notwithstanding the provisions of ORS 192.001 (Policy concerning public records) to 192.170 (Disposition of materials without authorization), 192.210 (Definitions for ORS 192.210 and 192.220) to 192.478 (Exemption for Judicial Department) and 192.610 (Definitions for ORS 192.610 to 192.690) to 192.810 (Applicability of ORS 192.805) relating to confidentiality and accessibility for public inspection of public records and public documents, reports and records compiled under the provisions of ORS 419B.010 (Duty of officials to report child abuse) to 419B.050 (Authority of health care provider to disclose information) are confidential and may not be disclosed except as provided in this section. The Department of Human Services shall make the records available to:

(a)

Any law enforcement agency or a child abuse registry in any other state for the purpose of subsequent investigation of child abuse;

(b)

Any physician, physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) or nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs), at the request of the physician, physician assistant or nurse practitioner, regarding any child brought to the physician, physician assistant or nurse practitioner or coming before the physician, physician assistant or nurse practitioner for examination, care or treatment;

(c)

Attorneys of record for the child or child’s parent or guardian in any juvenile court proceeding;

(d)

Citizen review boards established by the Judicial Department for the purpose of periodically reviewing the status of children, youths and adjudicated youths under the jurisdiction of the juvenile court under ORS 419B.100 (Jurisdiction) and 419C.005 (Jurisdiction). Citizen review boards may make such records available to participants in case reviews;

(e)

A court appointed special advocate in any juvenile court proceeding in which it is alleged that a child has been subjected to child abuse or neglect;

(f)

The Office of Child Care for certifying, registering or otherwise regulating child care facilities;

(g)

The Office of Children’s Advocate;

(h)

The Teacher Standards and Practices Commission for investigations conducted under ORS 339.390 (Investigations by Teacher Standards and Practices Commission of persons who are commission licensees) or 342.176 (Complaint process) involving any child or any student;

(i)

Any person, upon request to the Department of Human Services, if the reports or records requested regard an incident in which a child, as the result of abuse, died or suffered serious physical injury as defined in ORS 161.015 (General definitions). Reports or records disclosed under this paragraph must be disclosed in accordance with ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department);

(j)

The Office of Child Care for purposes of ORS 329A.030 (Central Background Registry) (10)(g), (h) and (i);

(k)

With respect to a report of abuse occurring at a school or in an educational setting that involves a child with a disability, Disability Rights Oregon;

(L)

The Department of Education for purposes of investigations conducted under ORS 339.391 (Investigations by Department of Education of persons who are not commission licensees); and

(m)

An education provider for the purpose of making determinations under ORS 339.388 (Report of abuse or sexual conduct).

(2)

Intentionally left blank —Ed.

(a)

When disclosing reports and records pursuant to subsection (1)(i) of this section, the Department of Human Services may exempt from disclosure the names, addresses and other identifying information about other children, witnesses, victims or other persons named in the report or record if the department determines, in written findings, that the safety or well-being of a person named in the report or record may be jeopardized by disclosure of the names, addresses or other identifying information, and if that concern outweighs the public’s interest in the disclosure of that information.

(b)

If the Department of Human Services does not have a report or record of abuse regarding a child who, as the result of abuse, died or suffered serious physical injury as defined in ORS 161.015 (General definitions), the department may disclose that information.

(3)

The Department of Human Services may make reports and records compiled under the provisions of ORS 419B.010 (Duty of officials to report child abuse) to 419B.050 (Authority of health care provider to disclose information) available to any person, administrative hearings officer, court, agency, organization or other entity when the department determines that such disclosure is necessary to administer its child welfare services and is in the best interests of the affected child, or that such disclosure is necessary to investigate, prevent or treat child abuse and neglect, to protect children from abuse and neglect or for research when the Director of Human Services gives prior written approval. The Department of Human Services shall adopt rules setting forth the procedures by which it will make the disclosures authorized under this subsection or subsection (1) or (2) of this section. The name, address and other identifying information about the person who made the report may not be disclosed pursuant to this subsection and subsection (1) of this section.

(4)

A law enforcement agency may make reports and records compiled under the provisions of ORS 419B.010 (Duty of officials to report child abuse) to 419B.050 (Authority of health care provider to disclose information) available to other law enforcement agencies, district attorneys, city attorneys with criminal prosecutorial functions and the Attorney General when the law enforcement agency determines that disclosure is necessary for the investigation or enforcement of laws relating to child abuse and neglect or necessary to determine a claim for crime victim compensation under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction).

(5)

A law enforcement agency, upon completing an investigation and closing the file in a specific case relating to child abuse or neglect, shall make reports and records in the case available upon request to any law enforcement agency or community corrections agency in this state, to the Department of Corrections, to the Oregon Youth Authority or to the State Board of Parole and Post-Prison Supervision for the purpose of managing and supervising offenders in custody or on probation, parole, post-prison supervision or other form of conditional or supervised release. A law enforcement agency may make reports and records compiled under the provisions of ORS 419B.010 (Duty of officials to report child abuse) to 419B.050 (Authority of health care provider to disclose information) available to the Oregon Youth Authority, law enforcement, community corrections, corrections or parole agencies in an open case when the law enforcement agency determines that the disclosure will not interfere with an ongoing investigation in the case. The name, address and other identifying information about the person who made the report may not be disclosed under this subsection or subsection (6)(b) of this section.

(6)

Intentionally left blank —Ed.

(a)

Any record made available to a law enforcement agency or community corrections agency in this state, to the Department of Corrections, the Oregon Youth Authority or the State Board of Parole and Post-Prison Supervision or to a physician, physician assistant or nurse practitioner in this state, as authorized by subsections (1) to (5) of this section, shall be kept confidential by the agency, department, board, physician, physician assistant or nurse practitioner. Any record or report disclosed by the Department of Human Services to other persons or entities pursuant to subsections (1) and (3) of this section shall be kept confidential.

(b)

Notwithstanding paragraph (a) of this subsection:

(A)

A law enforcement agency, a community corrections agency, the Department of Corrections, the Oregon Youth Authority and the State Board of Parole and Post-Prison Supervision may disclose records made available to them under subsection (5) of this section to each other, to law enforcement, community corrections, corrections and parole agencies of other states and to authorized treatment providers for the purpose of managing and supervising offenders in custody or on probation, parole, post-prison supervision or other form of conditional or supervised release.

(B)

The Department of Corrections and the Oregon Youth Authority may disclose records made available to them under subsection (5) of this section regarding a person in the custody of the Department of Corrections or the Oregon Youth Authority to each other, to the court, to the district attorney and to the person’s attorney for the purpose of the person’s hearing under ORS 420A.200 (Duration of custody of Oregon Youth Authority) to 420A.206 (Conditional release).

(C)

A person may disclose records made available to the person under subsection (1)(i) of this section if the records are disclosed for the purpose of advancing the public interest.

(7)

Except as provided by ORS 339.389 (Receipt by Department of Education from Department of Human Services of notification of report or investigation of abuse), an officer or employee of the Department of Human Services or of a law enforcement agency or any person or entity to whom disclosure is made pursuant to subsections (1) to (6) of this section may not release any information not authorized by subsections (1) to (6) of this section.

(8)

As used in this section, “law enforcement agency” has the meaning given that term in ORS 181A.010 (Definitions for ORS 181A.010 to 181A.350).

(9)

A person who violates subsection (6)(a) or (7) of this section commits a Class A violation. [1993 c.546 §§20,20a; 1995 c.278 §51; 1997 c.328 §8; 1999 c.1051 §181; 2003 c.14 §224; 2003 c.412 §1; 2003 c.591 §8; 2005 c.317 §1; 2005 c.659 §2; 2009 c.348 §§3,4; 2009 c.393 §1; 2012 c.3 §2; 2013 c.624 §84; 2014 c.45 §43; 2017 c.108 §5; 2017 c.356 §43; 2017 c.377 §1; 2017 c.616 §2; 2019 c.141 §26; 2019 c.618 §19; 2021 c.194 §1; 2021 c.386 §7; 2021 c.489 §57]

Source: Section 419B.035 — Confidentiality of records; when available to others; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors419B.html.

Notes of Decisions

Under former similar statute

Children’s Services Division is forbidden to release information concerning day care facility being investigated to prospective users of facility. Brasel v. Children’s Services Div., 56 Or App 559, 642 P2d 696 (1982)

Where defendant sought disclosure of statements made by state’s prospective witnesses and requested in camera inspection by court of Children’s Services Division case records relating to victim, court erred when it failed to review files for exculpatory evidence. State v. Warren, 304 Or 428, 746 P2d 711 (1987); State v. Wattenbarger, 97 Or App 414, 776 P2d 1292 (1989), Sup Ct review denied

To be entitled to immunity, witness must invoke right to refuse to testify and commission must then decide whether to issue post-invocation order. 7455 Incorporated v. OLCC, 310 Or 477, 800 P2d 781 (1990)

Trial judge was required to personally undertake in camerainspection of Children’s Services Division case records rather than delegate inspection to party or party’s counsel. State ex rel Carlile v. Lewis, 310 Or 541, 800 P2d 786 (1990)

Under ORS 135.815, prosecutor was required to disclose portions of Children’s Services Division files containing written memoranda of statements of witnesses state intended to call, even though files were confidential. State v. Wood, 112 Or App 61, 827 P2d 924 (1992), Sup Ct review denied

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 419B.035 Confidentiality of records

Amended by HB 4005

Amended by SB 1547

(1)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(L)

(m)

(2)

(a)

(b)

(3)

(4)

(5)

(6)

(a)

(b)

(A)

(B)

(C)

(7)

(8)

(9)

Notes of Decisions

ORS 419B.035
Confidentiality of records