Or. Admin. Code § 416-105-0010

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

Section 416-105-0010 - Disclosure of Youth in Custody Case Record Information

(1) Requests for case record information must be processed in compliance with OAR chapter 416, division 130.

(2) OYA will disclose information contained in Youth in Custody case records in compliance with applicable federal and state laws, rules, and OYA policies and procedures.

(a) Case records are any official agency information that identifies an individual who was committed to OYA custody by a court and received services from OYA. Case records include any writing or recording of information, such as automated records, printouts, Juvenile Justice Information System records, handwriting, typewriting, printing, photocopying, photographing, magnetic tapes, video recordings, audio recordings, and other documents.

(b) OYA must also follow the Oregon Department of Corrections' rules when disclosing information contained in case records of Youth in Custody who are, or were, in the legal custody of the Department of Corrections and physical custody of OYA.

(3) Case record information may be used by OYA for purposes directly connected to the administration of OYA programs. Other uses are prohibited unless:

(a) Required by federal or state law or regulation;

(b) Ordered by a judge;

(c) Pursuant to a subpoena;

(d) Authorized by Oregon laws or administrative rules; or

(e) Requested in writing by the Youth in Custody or the Youth in Custody's authorized representative.

(4) Confidential information

(a) Individuals, agencies, or organizations that receive confidential information from OYA are expected to preserve the confidentiality of the communication.

(b) Information obtained by OYA from another social agency, public department, institution, hospital, physician, or attorney is for the exclusive use of OYA in the administration of its program. Such information may be disclosed to individuals or agencies other than those specifically authorized in writing by the Youth in Custody when the disclosure is directly related to the administration of OYA and its programs.

(A) Information received by OYA from Old Age Survivor and Disability Insurance (OASDI), Veteran's Administration, the Workers' Compensation Board, or information contained in child abuse investigation reports may not be released, regardless of the Youth in Custody's authorization.

(B) Substance use treatment information may only be released when criteria in the federal regulations are met.

(C) Release of Youth in Custody medical records or mental health information may only be released in compliance with Oregon laws.

(5) Copies of Youth in Custody information used for ad hoc consultation (e.g., case staffing) and not needed for the consultant's permanent file must be promptly destroyed.

(6) When a Youth in Custody's case record or part of the case record has been sealed or marked as expunged, the provisions of OAR chapter 416, division 140 apply.

Or. Admin. Code § 416-105-0010

OYA 1-2004, f. & cert. ef. 5-14-04; OYA 2-2021, amend filed 03/04/2021, effective 3/4/2021; OYA 4-2022, amend filed 09/06/2022, effective 9/6/2022

Statutory/Other Authority: ORS 420A.025

Statutes/Other Implemented: ORS 192 & ORS 419A.255