For any program covered by chapter 461 of the Oregon
Administrative Rules, in the absence of a specific and current client
authorization that covers the applicable information and identifies the
recipient:
(1) Department employees
may release to service providers information necessary for accurate billing of
services provided to Department clients.
(2) The following client information may be
released to the client's child care providers:
(a) The program for which the client is
eligible.
(b) The amount of the
Department child care payment.
(c)
The client's copayment amount.
(d)
Reasons for a delay in payment, but only information that is specific to the
reason for the delay.
(3) The Department may not disclose any
information identifying any client by name or address to any committee,
advisory board, legislative body, or individual member of such committee,
board, or body.
(4) Except for
social security numbers, health, treatment, and domestic violence information,
the Department may disclose the minimum necessary information about a client to
a staff member in the office of a member of the Oregon state legislature or
United States Congress who has been asked by the client to review an action
taken by the Department.
(5)
Court-appointed special advocate (CASA) volunteers who have been appointed to a
specific child are authorized to view information about the child. All other
information must be removed from the case file.
(6) The Department may release client
information in a judicial proceeding if at least one of the following is true:
(a) The proceedings are directly connected
with administering the programs covered by chapter 461 of the Oregon
Administrative Rules.
(b) A judge
orders the release of the information.
(7) When appearing before the court in a
judicial proceeding where the proceeding is not directly connected with
administering a program covered by chapter 461 of the Oregon Administrative
Rules, a Department employee provides the presiding judge with copies of the
state statutes relating to confidentiality of client records (such as ORS
412.072,
411.320, and
412.074). The employee requests
the court's guidance about testifying under the statutes.
Notes
Or. Admin. Code
§
461-105-0110
AFS 20-1990, f. 8-17-90,
cert. ef. 9-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS
32-1996(Temp), f. & cert. ef. 9-23-96; AFS 42-1996, f. 12-31-96, cert. ef.
1-1-97; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06;
SSP
9-2024, minor correction filed 02/21/2024, effective
2/21/2024
Statutory/Other Authority: ORS
411.060,
411.300,
411.816 &
412.049
Statutes/Other Implemented: ORS
410.150,
411.060,
411.300,
411.320,
411.335,
411.816,
411.837,
412.049,
412.049,
412.074 &
412.072
