Or. Admin. Code § 416-105-0040

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

Section 416-105-0040 - Other Access

Other types of access to Youth in Custody case record information include, but are not limited to:

(1) Judicial proceedings

(a) Information from confidential records must not be disclosed in any judicial proceedings unless it is directly connected with the administration of OYA programs, or when the Youth in Custody has given written and specific authorization for such release, or when ordered by the court.

(b) OYA staff served with a subpoena or involved in any other legal process that may include the release of confidential information must act within OYA policy standards.

(2) Research: OYA may approve a person or organization to review records for research purposes, according to OAR chapter 416, division 170.

(3) Youth in Custody or Authorized Representatives

(a) A Youth in Custody may see only the Youth in Custody's own record.

(b) OYA staff will review each request and record individually before it is released to the Youth in Custody for review in accordance with OYA policy.

(A) The Youth in Custody may read the record in the presence of OYA staff.

(B) OYA may seek legal counsel review of a request when the release of information may be harmful to the Youth in Custody or others.

(c) For Department of Corrections' Youth in Custody in OYA physical custody, the Department of Corrections' record disclosure rules also apply.

(d) A Youth in Custody's attorney of record for the crime of commitment: OYA staff will review each request and record individually before it is released to the attorney of record for review in accordance with OYA policy.

(4) A Youth in Custody's parent or legal guardian

(a) Reports and other materials relating to the Youth in Custody's history and prognosis may be disclosed to parents or legal guardians upon request, as defined by Oregon laws.

(b) OYA may seek legal counsel review of a request if the release of information may be harmful to the Youth in Custody or to determine if the information is otherwise protected by Oregon Law.

(c) Unless ordered by the court to release the information, OYA may withhold from a parent or guardian the address of a Youth in Custody's substitute care provider if OYA has reason to believe such action is necessary to protect the safety of the Youth in Custody or the substitute care provider.

(5) Law enforcement:

(a) Except as authorized by federal or state law and OYA policy, OYA staff must not give law enforcement agencies any information from a Youth in Custody's or former Youth in Custody's case records, conversations, or sources obtained because the Youth in Custody is or was in OYA's custody.

(b) Information related to a child abuse assessment, criminal investigation, or civil or criminal proceeding to administer OYA programs may be released.

(c) A Youth in Custody's current address may be provided to law enforcement agencies when all the following are true:

(A) The law enforcement agency provides the name and social security number of the Youth in Custody;

(B) The law enforcement agency satisfactorily demonstrates that the Youth in Custody is a fugitive, the apprehension of the Youth in Custody is within the law enforcement agency's official duties, and the request is made in the proper exercise of those duties.

Or. Admin. Code § 416-105-0040

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