Or. Admin. R. 413-010-0075

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

Section 413-010-0075 - Disclosure Procedures

(1) The Child Welfare Program Manager or the manager's designee must supervise access to records.

(2) The Child Welfare Program Manager or manager's designee must approve in writing the disclosure or redisclosure of client information in the following circumstances:

(a) The Department currently is the child's legal custodian or guardian or the Department was the child's legal custodian or guardian when the Department authorized services;

(b) The Department currently is serving the child pursuant to an Interstate Compact or other interstate agreement; or

(c) The child is or was evaluated or provided services in conjunction with the Department assessment following a protective service report, regardless of the child's legal status at the time.

(3) The Department may require a reasonable period of time to prepare a client's record for review at the branch or disclosure by mail or email.

(4) The Department may require that a person who seeks to review client records, review the records at an appointed time.

(5) Except as provided in OAR 413-010-0065(6) and (8) (access to records for research purposes), a person authorized to review the Department record may copy the record.

(6) Any record disclosed must be kept confidential by the person to whom the record is disclosed and must be used only for the purpose for which disclosure was made.

(7) All social service agencies, courts, resource parents, service providers (including medical providers), or agents of the Department providing services to the Department's client at the request of the agency are subject to the Oregon statutes and the Department rules governing disclosure of client information.

(8) The Department may not permit a person authorized to review a particular client's file to review the complete file if the file includes information about any other client. The Department must permit review of the particular client's records.

(9) When copies of confidential information are released, the material must be stamped: "Confidential not to be redisclosed".

(10) When confidential records and information are part of the record in an administrative hearing before the Department, the Department and all participants in the hearing must take all reasonable measures to maintain the confidentiality of the information.

Or. Admin. R. 413-010-0075

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 26-2019, temporary amend filed 05/31/2019, effective 06/03/2019 through 11/29/2019; CWP 96-2023, amend filed 12/22/2023, effective 1/1/2024

Statutory/Other Authority: ORS 418.005, ORS 419B.035 & ORS 409.050

Statutes/Other Implemented: ORS 418.005, ORS 419A.255, ORS 409.225 & ORS 419B.035