Or. Admin. R. 413-010-0045

Current through Register Vol. 63, No. 6, June 1, 2024

Section 413-010-0045 - Mandatory Disclosure

(1) The Department must disclose client information if disclosure is required by ORS 419A.255 or 419B.035.

(2) Unless a client record is exempt from disclosure under the Public Records Law, ORS 192.311 through 192.431, the Department must disclose the client record in the circumstances described below:

(a) If the client is 18 years or older or legally emancipated, the Department must disclose, upon request:

(A) The client's records to the client if no court order prohibits the disclosure; or

(B) The client's records to a third party if no court order prohibits the disclosure and the client has authorized the Department in writing to disclose the records to the third party.

(b) Upon the request of a child's parent or guardian, the Department must disclose a child's client records to the parent or guardian if the child is receiving voluntary Department services.

(c) Upon the request of a child's parent or guardian, the Department must disclose a child's client records to the parent or guardian if the child is or has been in the Department's custody unless:

(A) The child objects;

(B) Disclosure would be contrary to the best interests of any child; or

(C) Disclosure could be harmful to the person caring for the child, including, but not limited to, resource parents, treatment providers and relatives other than the child's parent or guardian.

(d) The Department must disclose a child's client record to the juvenile court in juvenile proceedings, including tribal proceedings regarding the child;

(e) The Department must disclose a child's client records to an attorney who identifies as the child's attorney if the juvenile court confirms that they are the attorney of record in a juvenile proceeding.

(3) Information related to the Department's activities and responsibilities in child abuse cases. Upon request, the Director or the Director's designee must review the information related to the Department's activities and responsibilities:

(a) When child abuse causes the death or near death of a child or an adult is charged with a crime related to child abuse; and

(b) Unless the information is exempt from disclosure under other law, the Director or the Director's designee must determine an appropriate time for disclosing the information and that determination must depend on, among other things, the status of any child abuse or criminal investigations and the privacy interests of the victims.

(4) Disclosure to Court Appointed Special Advocate (CASA):

(a) Access to information. Upon presentation of the order of appointment by the court, a CASA, without the consent of the child or children or parents, may inspect and copy any records relating to the child or children involved in the case held by the following entities:

(A) The Department, the state courts, and any other agency, office or department of the state; and

(B) Hospital, school organization, division, doctor, nurse or other health care provider, psychologist, psychiatrist, police department or mental health clinic.

(b) All records and information acquired or reviewed by a CASA during the course of official duties are confidential;

(c) When a CASA is also the guardian ad litem pursuant to federal law, this rule governs the guardian ad litem's access to information.

(5) If, in the professional judgment of the caseworker, information about a child indicates that the child presents a clear and immediate danger to another person or entity, the Department must disclose the information to the appropriate authority and to the person or entity in danger. The decision to release information in these circumstances will be made in consultation with a supervisor.

(6) Notwithstanding the subsections above, the Department may not disclose a record of sexual orientation, gender identity or gender expression unless:

(a) The department determines, in written findings, that failure to disclose the record is reasonably likely to jeopardize the child's safety or well-being;

(b) The department determines, in written findings, that disclosure of the record is necessary to provide services to the child or the child's family; or

(c) The child consents to the disclosure.

Or. Admin. R. 413-010-0045

SOSCF 9-1999, f. 5-24-99, cert. ef. 6-1-99; CWP 18-2011, f. & cert. ef. 9-2-11; CWP 12-2013, f. 12-31-13, cert. ef. 1-1-14; CWP 1-2021, amend filed 01/04/2021, effective 1/4/2021; CWP 96-2023, amend filed 12/22/2023, effective 1/1/2024

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS Ch. 192.410-192.505, ORS 409.225, ORS 419B.035 & ORS 419B.112