Oregon Persons With Intellectual or Developmental Disabilities
ORS 427.293
Disclosure of record of proceeding


(1)

In any proceeding conducted under ORS 427.235 (Notice to court of need for commitment) to 427.290 (Determination by court of need for commitment), the court may not disclose any part of the record, including any report submitted to the court under ORS 427.270 (Report of diagnostic evaluation), to any person except:

(a)

The court shall, pursuant to rules adopted by the Department of State Police, transmit the minimum information necessary, as defined in ORS 181A.290 (Certain information required from agencies), to the Department of State Police for persons described in ORS 181A.290 (Certain information required from agencies) (1)(c) to enable the department to maintain the information and transmit the information to the federal government as required under federal law;

(b)

On request of the person subject to the proceeding;

(c)

On request of the person’s legal representative or the attorney for the person or the state; or

(d)

Pursuant to court order.

(2)

In any proceeding described in subsection (1) of this section that is before the Supreme Court or the Court of Appeals, the limitations on disclosure imposed by this section apply to the appellate court record and to the trial court record while it is in the appellate court’s custody. The appellate court may disclose information from the trial or appellate court record in a decision, as defined in ORS 19.450 (Appellate judgment), provided that the court uses initials, an alias or some other convention for protecting against public disclosure the identity of the person who is alleged to have an intellectual disability. [1999 c.82 §2; 2009 c.826 §3; 2011 c.332 §§3,6b; 2011 c.547 §46; 2013 c.1 §62; 2013 c.36 §10]
Source
Last accessed
May. 15, 2020