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]
