Or. Admin. Code § 419-100-0100 - Disclosure of the Abuse Investigation and Protective Services Report and Related Documents

(1) Portions of the abuse investigation and protective services report and underlying investigatory documents are confidential and are not available for public inspection.

(a) Pursuant to ORS 430.763, names of abuse reporters, witnesses and the adult, as well as photographs of the adult are confidential and may not be available for public inspection.

(b) Investigatory documents, including portions of the abuse investigation and protective services report that contains "individually identifiable health information," as defined under ORS 192.556(6) and 45 CFR 160.103, are confidential under federal Health Insurance Portability and Accountability Act (HIPAA) privacy rules, 45 CFR Parts 160 and 164, and ORS 192.553 through 192.581 and 179.505 to 179.509.

(2) Notwithstanding section (1) of this rule, the Department shall make this confidential information and any investigative report available, including any photographs if appropriate, in accordance to ORS 430.763.

(3) Individuals or entities receiving confidential information pursuant to this rule shall maintain the confidentiality of the information and may not re-disclose the confidential information to unauthorized individuals or entities, as required by state or federal law.

(4) The Department shall provide a redacted version of the written report to the public for inspection upon written request. Public record requests for written reports with substantiated abuse findings may not be released until after a Department Final Order is issued following opportunity for a contested case hearing.

(5) A centralized record of all abuse complaints, investigations and protective services reports shall be maintained by the Department, in accordance to ORS 430.757.

Notes

Or. Admin. Code § 419-100-0100

MHD 5-1994, f. 8-22-94 & cert. ef. 9-1-94; Renumbered from 309-040-0270, OMAP 87-2004, f. 11-10-04, cert. ef. 12-1-04; Renumbered from 410-009-0130, DHSD 5-2007, f. 6-29-07, cert. ef. 7-1-07; DHSD 3-2009, f. & cert. ef. 5-1-09; DHSD 4-2010, f. & cert. ef. 6-29-10; DHSD 3-2018, temporary amend filed 02/27/2018, effective 03/01/2018 through 08/27/2018; DHSD 25-2018, amend filed 08/27/2018, effective 08/27/2018; DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019; DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019; DHSD 17-2019, temporary amend filed 09/25/2019, effective 11/01/2019 through 04/28/2020; DHSD 29-2019, amend filed 11/15/2019, effective 11/15/2019; DHSD 17-2020, minor correction filed 09/03/2020, effective 09/03/2020; DHS 32-2022, amend filed 11/14/2022, effective 11/16/2022; DHS 7-2023, renumbered from 407-045-0330, filed 12/01/2023, effective 12/01/2023; OTIS 89-2023, minor correction filed 12/01/2023, effective 12/1/2023

Statutory/Other Authority: ORS 409.050, 430.731 & 409.010

Statutes/Other Implemented: ORS 430.735-430.765, 443.400-443.465, 443.705-443.825, 443.875, 430.731, 430.662 & 430.768