Or. Admin. Code § 411-026-0070 - Disclosure of Information

(1) In the absence of an individual's authorization for disclosure, a local office may disclose the individual's confidential information or information about the fiduciary or proposed fiduciary when the disclosure is ordered by a court or is:

(a) Reasonably necessary to prevent or lessen a serious and imminent threat to the individual's health or safety; and

(b) The minimum amount of information to sufficiently achieve the legal requirements of the petition and the protective proceeding and to adequately report abuse to the court.

(2) The local office staff shall identify and mark any information or documents for the petitioning attorney, court visitor, or the court that are to be treated as confidential or protected. If the local office staff verbally presents confidential or protected information to the petitioning attorney, court visitor, or the court, then the staff shall request that the information be treated as confidential and protected as required under ORS 125.012 to prevent further disclosure to the general public.

(3) For the purposes of petitioning the court for a protective order, the local office shall request that the:

(a) Petitioning attorney or person or entity presenting confidential information to the court not disclose Department confidential information that is not identified and marked as confidential and protected;

(b) Disclosure of the confidential information be limited to the parties to the proceeding and their counsel or as otherwise ordered by the court;

(c) Petition is written so as to disclose only the minimal amount of confidential information that is specifically necessary to interested parties who are required to receive notice of the petition, but who are not active parties to the proceedings;

(d) Petition contains language, or there is a motion to seal confidential Department information disclosed to the court, including the petition, visitor's report, and any Department provided documents, to prevent further disclosure of the confidential information to the public; and

(e) Petitioning attorney follows the Uniform Trial Court Rules 2.100 and 2.110 or similar county court rules for guidance on the treatment of confidential and protected Department information.

Notes

Or. Admin. Code § 411-026-0070

SSD 9-1996, f. & cert. ef. 10-15-96; SPD 30-2007, f. 11-27-06, cert. ef. 12-01-06; SPD 20-2010, f. 7-30-10, cert. ef. 8-1-10

Stat. Auth.: ORS 410.070

Stats. Implemented: ORS 125.012 & 410.070