Or. Admin. Code § 413-010-0030

Current through Register Vol. 63, No. 11, November 1, 2024

Section 413-010-0030 - Protection of Information

In the interest of family privacy and to protect children, families and other recipients of services, except as provided by Oregon statutes and these rules:

(1) Client information is confidential.

(2) Client records are not available for public inspection.

(3) Oregon statutes and these rules regulate the Department's disclosure of client information by prohibiting disclosure of some client information, mandating disclosure of some information, and giving the Department discretion to disclose some information, as summarized below:

(a) Summary of some "prohibited disclosures", See OAR 413-010-0035, generally, which includes but is not limited to:

(A) Information compiled for criminal law enforcement purposes. See OAR 413-010-0035(3);

(B) Alcohol and drug abuse treatment records. See OAR 413-010-0035(6);

(C) Information in records sealed by a court order of expunction. See OAR 413-10-0035(7);

(D) Adoption records. See OAR 413-010-0035(8);

(E) Adoption assistance records. See OAR 413-010-0035(9);

(F) Information identifying a person who reported suspected child abuse. See OAR 413-010-0035(10);

(G) Records and reports of child abuse. See OAR 413-010-0035(11); and

(H) Juvenile court records. See OAR 413-010-0035(12).

(b) Summary of some "mandatory disclosures", See OAR 413-010-0045 which includes but is not limited to:

(A) A client 18 years or older. See OAR 413-010-0045(2)(a);

(B) A parent or guardian of a child receiving voluntary services. See OAR 413-010-0045(2)(b);

(C) A juvenile or tribal court. See OAR 413-010-0045(2)(d);

(D) A child's attorney in a juvenile proceeding. See OAR 413-010-0045(2)(e);

(E) A parent or guardian of a child provided services in certain circumstances. See OAR 413-010-0045(2)(b),(c); and

(F) A Court Appointed Special Advocate (CASA). See OAR 413-010-0045(4).

(c) Summary of some "mandatory disclosures if it is in the child's best interest." See OAR 413-010-0055, generally, which includes but is not limited to:

(A) Department employees as needed to perform their duties and provide services to the child or family. See OAR 413-010-0055(1)(a); and

(B) Persons providing services to the family to the extent necessary to provide those services described in OAR 413-010-055(1)(c).

(d) Summary of some "discretionary disclosures". See OAR 413-010-0065 generally, which includes but is not limited to:

(A) The Department and other state employees for audits, program reviews, or quality control;

(B) Law enforcement or district attorney's offices for child abuse assessments and investigations and proceedings connected with administering the child welfare laws. See OAR 413-010-0065(2)(b);

(C) The public if a child in the Department's custody has been abducted or is believed abducted. See OAR 413-010-0065(2)(c);

(D) General information, policy statements, statistical reports or similar compilations not identified with a client. See OAR 413-010-0065(3);

(E) Adult's presumed waiver of confidentiality. See OAR 413-010-0065(4);

(F) Review of the Department records for research purposes. See OAR 413-010-0065(5); and

(G) Investigation of Other Crime. See OAR 413-010-0065(6).

Or. Admin. Code § 413-010-0030

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 9-1999, f. 5-24-99, cert. ef. 6-1-99; CWP 18-2011, f. & cert. ef. 9-2-11

Stat. Auth.: ORS 418.005 & 418.340

Stats. Implemented: ORS 7.211, 409.225, 419A.255, 419A.260, 419B.035, 430.763 & 432.420