Or. Admin. Code § 413-010-0065 - Discretionary Disclosure
(1) The
Department may disclose client information when disclosure is required or
authorized by:
(a) ORS
419B.035 (governing
confidentiality of child abuse reports and records), set out in OAR
413-010-0035(11);
or
(b) ORS
419A.255 (governing
confidentiality of juvenile court records) set out in OAR
413-010-0035(12).
(c) ORS
409.225,
419B.035 and
419B.881 (governing
confidentiality of record of sexual orientation, gender identity or gender
expression) set out in the above rules.
(2) The Department may disclose
client information for purposes directly connected with the administration of
child welfare laws including, but not limited to:
(a) Disclosure to employees of the Secretary
of State's Office, the Department of Administrative Services, the Department of
Health and Human Services, and the Department who require information to
complete audits, program reviews and quality control;
(b) Disclosure to law enforcement officers
and district attorneys' offices needing information for child abuse
assessments, criminal investigations, civil and criminal proceedings connected
with administering the agency's child welfare programs; and
(c) Disclosure to the public if a child in
the Department's legal custody has been abducted or is missing and believed to
be abducted, and is in danger of harm or a threat to the welfare of others. The
Department may disclose limited information to the extent necessary to
identify, locate, or apprehend the child, including the child's name,
description, and that the child may pose a threat to the public or
self.
(3) The Department
may disclose general information including, but not limited to policy
statements, statistical reports or similar compilations of data which are not
identified with an individual child, family or other recipient of services,
unless protected by other provisions of law.
(4) Presumed Waiver of Protection of ORS
409.225(1). The
Department may disclose the information described in section (5) of this rule
if the Director or the Director's designee determines that all of the following
circumstances are present:
(a) An adult
client is the subject of client information made confidential by ORS
409.225(1);
(b) The Public Records Law does not exempt
the information from disclosure;
(c) The adult client has publicly revealed or
caused to be revealed any significant part of the confidential information and
thus is presumed to have voluntarily waived the confidentiality protection of
ORS 409.225(1);
(d) Disclosure is in the best interest of the
child; and
(e) Disclosure is
necessary to the administration of the child welfare laws.
(5) If disclosure is authorized under section
(4) of this rule, the Department may disclose information about the person
making or causing the public disclosure, not already disclosed, but related to
the information made public.
(6)
Review of Department records for research purposes. The Director or the
Director's designee may authorize a person or organization to review Department
records for research purposes. The Department may not approve the request until
the researcher has agreed, in writing, to maintain the confidentiality of
individual clients, not to copy the Department records, and not to include
identifying information about any client in the report or reports of the
research.
(7) Investigation of
Other Crime:
(a) Except as authorized by
subsection (2)(b) or (8) of this rule, and ORS
409.225, Department employees
may not disclose to law enforcement client information obtained from client
records, conversations with clients or other sources if the employee or
employees acquired the information because a person is or has been a client of
the Department;
(b) A manager or
the manager's designee may disclose to law enforcement a client's current
address when:
(A) The law enforcement officer
provides the name and social security number of the client; and
(B) The officer satisfactorily demonstrates
that the client is a fugitive felon (as defined by the state), the location or
apprehension of such felon is within the law officer's official duties, and the
request is made in the proper exercise of those duties.
(8) 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.
Notes
Statutory/Other Authority: ORS 418.005, ORS 419B.035 & ORS 409.050
Statutes/Other Implemented: ORS 409.225, ORS 409B.230, ORS 419A.225 & ORS 419B.035
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