Juvenile Code: Dependency
REPORTING OF CHILD ABUSE
419B.035 Confidentiality of records; when available to others.
- Notwithstanding the provisions of ORS 192.001 to 192.170, 192.210 to 192.505 and 192.610 to 192.990 relating to confidentiality and accessibility for public inspection of public records and public documents, reports and records compiled under the provisions of ORS 419B.010 to 419B.050 are confidential and are not accessible for public inspection. However, the State Office for Services to Children and Families shall make records available to:
- Any law enforcement agency or a child abuse registry in any other state for the purpose of subsequent investigation of child abuse;
- Any physician, at the request of the physician, regarding any child brought to the physician or coming before the physician for examination, care or treatment;
- Attorneys of record for the child or child's parent or guardian in any juvenile court proceeding;
- Citizen review boards established by the Judicial Department for the purpose of periodically reviewing the status of children, youths and youth offenders under the jurisdiction of the juvenile court under ORS 419B.100 and 419C.005. Citizen review boards may make such records available to participants in case reviews;
- A court appointed special advocate in any juvenile court proceeding in which it is alleged that a child has been subjected to child abuse or neglect; and
- The Child Care Division for certifying, registering or otherwise regulating child care facilities.
- The State Office for Services to Children and Families may make reports and records available to any person, administrative hearings officer, court, agency, organization or other entity when the office determines that such disclosure is necessary to administer its child welfare services and is in the best interests of the affected child, or that such disclosure is necessary to investigate, prevent or treat child abuse and neglect, to protect children from abuse and neglect or for research when the assistant director gives prior written approval. The office shall adopt rules setting forth the procedures by which it will make the disclosures authorized under this subsection and subsection (1) of this section. The names, addresses or other identifying information about the person who made the report shall not be disclosed pursuant to this subsection and subsection (1) of this section.
- Any record made available to a law enforcement agency in this state or to a physician in this state, as authorized by subsections (1) and (2) of this section, shall be kept confidential by the agency or physician. Any record or report disclosed by the office to other persons or entities pursuant to subsections (1) and (2) of this section shall be kept confidential.
- No officer or employee of the State Office for Services to Children and Families or any person or entity to whom disclosure is made pursuant to subsections (1) and (2) of this section shall release any information not authorized by subsections (1) and (2) of this section.
- A person who violates subsection (3) or (4) of this section commits a Class A violation. [1993 c.546 ss.20,20a; 1995 c.278 s.51; 1997 c.328 s.8; 1999 c.1051 s.181]