Juvenile Code: Dependency

ORS 419B.050
Authority of health care provider to disclose information

  • immunity from liability


(1)

Upon notice by a law enforcement agency, the Department of Human Services, a member agency of a county child abuse multidisciplinary team or a member of a county child abuse multidisciplinary team that a child abuse investigation is being conducted under ORS 419B.020 (Duty of department or law enforcement agency receiving report), a health care provider must permit the law enforcement agency, the department, the member agency of the county child abuse multidisciplinary team or the member of the county child abuse multidisciplinary team to inspect and copy medical records, including, but not limited to, prenatal and birth records, of the child involved in the investigation without the consent of the child, or the parent or guardian of the child. A health care provider who in good faith disclosed medical records under this section is not civilly or criminally liable for the disclosure.

(2)

As used in this section, “health care provider” has the meaning given that term in ORS 192.556 (Definitions for ORS 192.553 to 192.581). [1997 c.873 §27; 1999 c.537 §3; 2001 c.104 §150; 2005 c.562 §27; 2019 c.141 §27]
§§ 419B.500 to 419B.524

Notes of Decisions

Under Former Similar Statutes

Due process does not require the appointment of "independent counsel" to represent the child in every adoption or termination of parental rights proceeding. F. v. C., 24 Or App 601, 547 P2d 175 (1976)

When second termination of parental rights proceeding was not itself barred, proof was not limited by res judicata or collateral estoppel principles to facts or evidence which was not considered in or which came in to being after first proceeding. State ex rel Juvenile Dept. v. Newman, 49 Or App 221, 619 P2d 901 (1980), Sup Ct review denied

Chapter 419B

Notes of Decisions

Due process rights of parents are always implicated in construction and application of provisions of this chapter. Department of Human Services v. J.R.F., 351 Or 570, 273 P3d 87 (2012)


Source

Last accessed
Jun. 26, 2021