Bill Text: OR SB187 | 2011 | Regular Session | Introduced

---

Bill Title: Relating to child abuse investigations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB187 Detail]

Download: Oregon-2011-SB187-Introduced.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2926

                         Senate Bill 187

Sponsored by Senator KRUSE (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires Department of Human Services to release and disclose
reports and records of child abuse investigations upon request of
member of Legislative Assembly for purposes of responding to
constituent's complaint or grievance or for the conduct of
legislative business.
  Requires department to implement training and continuing
education curriculum for employees conducting child abuse
investigations that includes training in determining appropriate
protective social services and when protective custody is
necessary.

                        A BILL FOR AN ACT
Relating to child abuse investigations; creating new provisions;
  and amending ORS 418.702 and 419B.035.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 419B.035 is amended to read:
  419B.035. (1) 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
may not be disclosed except as provided in this section. The
Department of Human Services shall make the records available to:
  (a) Any law enforcement agency or a child abuse registry in any
other state for the purpose of subsequent investigation of child
abuse;
  (b) 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;
  (c) Attorneys of record for the child or child's parent or
guardian in any juvenile court proceeding;
  (d) 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;
  (e) 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;

  (f) The Child Care Division for certifying, registering or
otherwise regulating child care facilities;
  (g) The Office of Children's Advocate;
  (h) The Teacher Standards and Practices Commission for
investigations conducted under ORS 342.176 involving any child or
any student in grade 12 or below;
  (i) Any person, upon request to the Department of Human
Services, if the reports or records requested regard an incident
in which a child, as the result of abuse, died or suffered
serious physical injury as defined in ORS 161.015. Reports or
records disclosed under this paragraph must be disclosed in
accordance with ORS 192.410 to 192.505;   { - and - }
  (j) The Child Care Division of the Employment Department for
purposes of ORS 657A.030 (8)(g) { + ; and
  (k) A member of the Legislative Assembly pursuant to section 4
of this 2011 Act + }.
  (2)(a) When disclosing reports and records pursuant to
subsection (1)(i) of this section, the Department of Human
Services may exempt from disclosure the names, addresses and
other identifying information about other children, witnesses,
victims or other persons named in the report or record if the
department determines, in written findings, that the safety or
well-being of a person named in the report or record may be
jeopardized by disclosure of the names, addresses or other
identifying information, and if that concern outweighs the
public's interest in the disclosure of that information.
  (b) If the Department of Human Services does not have a report
or record of abuse regarding a child who, as the result of abuse,
died or suffered serious physical injury as defined in ORS
161.015, the department may disclose that information.
  (3) The Department of Human Services may make reports and
records compiled under the provisions of ORS 419B.010 to 419B.050
available to any person, administrative hearings officer, court,
agency, organization or other entity when the department
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 Director
of Human Services gives prior written approval. The Department of
Human Services shall adopt rules setting forth the procedures by
which it will make the disclosures authorized under this
subsection or subsection (1) or (2) of this section. The name,
address and other identifying information about the person who
made the report may not be disclosed pursuant to this subsection
and subsection (1) of this section.
  (4) A law enforcement agency may make reports and records
compiled under the provisions of ORS 419B.010 to 419B.050
available to other law enforcement agencies, district attorneys,
city attorneys with criminal prosecutorial functions and the
Attorney General when the law enforcement agency determines that
disclosure is necessary for the investigation or enforcement of
laws relating to child abuse and neglect.
  (5) A law enforcement agency, upon completing an investigation
and closing the file in a specific case relating to child abuse
or neglect, shall make reports and records in the case available
upon request to any law enforcement agency or community
corrections agency in this state, to the Department of
Corrections or to the State Board of Parole and Post-Prison
Supervision for the purpose of managing and supervising offenders
in custody or on probation, parole, post-prison supervision or
other form of conditional or supervised release. A law
enforcement agency may make reports and records compiled under
the provisions of ORS 419B.010 to 419B.050 available to law
enforcement, community corrections, corrections or parole
agencies in an open case when the law enforcement agency
determines that the disclosure will not interfere with an ongoing
investigation in the case. The name, address and other
identifying information about the person who made the report may
not be disclosed under this subsection or subsection (6)(b) of
this section.
  (6)(a) Any record made available to a law enforcement agency or
community corrections agency in this state, to the Department of
Corrections or the State Board of Parole and Post-Prison
Supervision { + , + }   { - or - }  to a physician in this
state { +  or to a member of the Legislative Assembly pursuant to
section 4 of this 2011 Act + }, as authorized by subsections (1)
to (5) of this section, shall be kept confidential by the agency,
department, board { + , + }   { - or - }  physician  { +  or
member of the Legislative Assembly + }. Any record or report
disclosed by the Department of Human Services to other persons or
entities pursuant to subsections (1) and (3) of this section
shall be kept confidential.
  (b) Notwithstanding paragraph (a) of this subsection:
  (A) A law enforcement agency, a community corrections agency,
the Department of Corrections and the State Board of Parole and
Post-Prison Supervision may disclose records made available to
them under subsection (5) of this section to each other, to law
enforcement, community corrections, corrections and parole
agencies of other states and to authorized treatment providers
for the purpose of managing and supervising offenders in custody
or on probation, parole, post-prison supervision or other form of
conditional or supervised release.
  (B) A person may disclose records made available to the person
under subsection (1)(i) of this section if the records are
disclosed for the purpose of advancing the public interest.
  (7) An officer or employee of the Department of Human Services
or of a law enforcement agency or any person or entity to whom
disclosure is made pursuant to subsections (1) to (6) of this
section may not release any information not authorized by
subsections (1) to (6) of this section.
  (8) As used in this section, 'law enforcement agency' has the
meaning given that term in ORS 181.010.
  (9) A person who violates subsection (6)(a) or (7) of this
section commits a Class A violation.
  SECTION 2. ORS 419B.035, as amended by section 4, chapter 348,
Oregon Laws 2009, is amended to read:
  419B.035. (1) 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
may not be disclosed except as provided in this section. The
Department of Human Services shall make the records available to:
  (a) Any law enforcement agency or a child abuse registry in any
other state for the purpose of subsequent investigation of child
abuse;
  (b) 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;
  (c) Attorneys of record for the child or child's parent or
guardian in any juvenile court proceeding;
  (d) 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;
  (e) 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;

  (f) The Child Care Division for certifying, registering or
otherwise regulating child care facilities;
  (g) The Office of Children's Advocate;
  (h) The Teacher Standards and Practices Commission for
investigations conducted under ORS 342.176 involving any child or
any student in grade 12 or below;   { - and - }
  (i) Any person, upon request to the Department of Human
Services, if the reports or records requested regard an incident
in which a child, as the result of abuse, died or suffered
serious physical injury as defined in ORS 161.015. Reports or
records disclosed under this paragraph must be disclosed in
accordance with ORS 192.410 to 192.505 { + ; and
  (j) A member of the Legislative Assembly pursuant to section 4
of this 2011 Act + }.
  (2)(a) When disclosing reports and records pursuant to
subsection (1)(i) of this section, the Department of Human
Services may exempt from disclosure the names, addresses and
other identifying information about other children, witnesses,
victims or other persons named in the report or record if the
department determines, in written findings, that the safety or
well-being of a person named in the report or record may be
jeopardized by disclosure of the names, addresses or other
identifying information, and if that concern outweighs the
public's interest in the disclosure of that information.
  (b) If the Department of Human Services does not have a report
or record of abuse regarding a child who, as the result of abuse,
died or suffered serious physical injury as defined in ORS
161.015, the department may disclose that information.
  (3) The Department of Human Services may make reports and
records compiled under the provisions of ORS 419B.010 to 419B.050
available to any person, administrative hearings officer, court,
agency, organization or other entity when the department
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 Director
of Human Services gives prior written approval. The Department of
Human Services shall adopt rules setting forth the procedures by
which it will make the disclosures authorized under this
subsection or subsection (1) or (2) of this section. The name,
address and other identifying information about the person who
made the report may not be disclosed pursuant to this subsection
and subsection (1) of this section.
  (4) A law enforcement agency may make reports and records
compiled under the provisions of ORS 419B.010 to 419B.050
available to other law enforcement agencies, district attorneys,
city attorneys with criminal prosecutorial functions and the
Attorney General when the law enforcement agency determines that
disclosure is necessary for the investigation or enforcement of
laws relating to child abuse and neglect.
  (5) A law enforcement agency, upon completing an investigation
and closing the file in a specific case relating to child abuse
or neglect, shall make reports and records in the case available
upon request to any law enforcement agency or community
corrections agency in this state, to the Department of
Corrections or to the State Board of Parole and Post-Prison
Supervision for the purpose of managing and supervising offenders
in custody or on probation, parole, post-prison supervision or
other form of conditional or supervised release. A law
enforcement agency may make reports and records compiled under
the provisions of ORS 419B.010 to 419B.050 available to law
enforcement, community corrections, corrections or parole
agencies in an open case when the law enforcement agency
determines that the disclosure will not interfere with an ongoing
investigation in the case. The name, address and other
identifying information about the person who made the report may
not be disclosed under this subsection or subsection (6)(b) of
this section.
  (6)(a) Any record made available to a law enforcement agency or
community corrections agency in this state, to the Department of
Corrections or the State Board of Parole and Post-Prison
Supervision { + , + }   { - or - }  to a physician in this
state { +  or to a member of the Legislative Assembly pursuant to
section 4 of this 2011 Act + }, as authorized by subsections (1)
to (5) of this section, shall be kept confidential by the agency,
department, board { + , + }   { - or - }  physician  { +  or
member of the Legislative Assembly + }. Any record or report
disclosed by the Department of Human Services to other persons or
entities pursuant to subsections (1) and (3) of this section
shall be kept confidential.
  (b) Notwithstanding paragraph (a) of this subsection:
  (A) A law enforcement agency, a community corrections agency,
the Department of Corrections and the State Board of Parole and
Post-Prison Supervision may disclose records made available to
them under subsection (5) of this section to each other, to law
enforcement, community corrections, corrections and parole
agencies of other states and to authorized treatment providers
for the purpose of managing and supervising offenders in custody
or on probation, parole, post-prison supervision or other form of
conditional or supervised release.
  (B) A person may disclose records made available to the person
under subsection (1)(i) of this section if the records are
disclosed for the purpose of advancing the public interest.
  (7) An officer or employee of the Department of Human Services
or of a law enforcement agency or any person or entity to whom
disclosure is made pursuant to subsections (1) to (6) of this
section may not release any information not authorized by
subsections (1) to (6) of this section.
  (8) As used in this section, 'law enforcement agency' has the
meaning given that term in ORS 181.010.
  (9) A person who violates subsection (6)(a) or (7) of this
section commits a Class A violation.
  SECTION 3.  { + Section 4 of this 2011 Act is added to and made
a part of ORS 419B.005 to 419B.050. + }
  SECTION 4.  { + (1) A member of the Legislative Assembly may
request that the Department of Human Services release and
disclose reports and records regarding an open or closed
investigation of child abuse under ORS 419B.020 about which the
member has received a complaint or grievance from a constituent
for whom the member is an elected representative or that is the
subject of legislative business. The request shall be in writing
and sent in the member's official capacity as a member of the
Legislative Assembly. The member may not request release and
disclosure under this subsection unless, after consideration of
all information and written materials made available to the
member, the member determines that the member cannot be
responsive to the constituent's complaint or grievance without
release and disclosure of the reports and records.
  (2) In making the request for release and disclosure, the
member shall provide the department with information about the
nature of the constituent's complaint or grievance, including the
names of the person making the complaint or grievance and the
child who is the subject of the investigation and other
information that is necessary to identify the specific
investigation about which the member has received a complaint or
grievance.
  (3) Within 15 days of receipt of a request for release and
disclosure from a member of the Legislative Assembly under this
section, the department shall provide the member with all reports
and records that the department determines, in consultation with
the member, are necessary to enable the member to respond to the
constituent's complaint or grievance or that are necessary for
the conduct of legislative business. The department may exempt
from disclosure the names, addresses and other identifying
information about other children, witnesses, victims or other
persons named in the report or record if the department
determines, in written findings that are provided to the member,
that the safety or well-being of a person named in the report or
record may be jeopardized by disclosure of the names, addresses
or other identifying information.
  (4) A member may not disclose reports or records received under
this section except:
  (a) To legislative staff subject to the member's direction;
  (b) To other members of the Legislative Assembly; and
  (c) As necessary for the conduct of legislative business except
that:
  (A) All identifying information shall be redacted from reports
or records disclosed under this paragraph; and
  (B) Reports and records may not be disclosed under this
paragraph if identifying information cannot be removed from the
reports or records and the unredacted reports or records would be
subject to public disclosure.
  (5) The Director of Human Services shall adopt rules for
complying with requests for reports and records under this
section, in consultation with members of the Legislative
Assembly.
  (6) As used in this section, 'legislative business' means
official business of the Legislative Assembly and of legislative
interim and statutory committees, including advisory committees
and subcommittees of advisory committees, and task forces. + }
  SECTION 5. ORS 418.702 is amended to read:
  418.702. (1) The Department of Human Services shall implement a
training and continuing education curriculum for persons other
than law enforcement officers required by law to investigate
allegations of child abuse { + , including but not limited to
department staff, employees and personnel that conduct
investigations under ORS 419B.020 + }. The curriculum shall
address the areas of training and education necessary to
 { - facilitate the skills necessary - }  { +  acquire and
exercise the skill and judgment required + } to investigate
reports of child abuse and  { + to make sound, fair and impartial
decisions and recommendations regarding appropriate protective
social services necessary to safeguard the child. The curriculum
 + }shall include but not be limited to:
  (a) Assessment of risk to the child;
  (b) Dynamics of child abuse, child sexual abuse and rape of
children;   { - and - }
  (c) Legally sound and age appropriate interview and
investigatory techniques { + ; and
  (d) Considerations and best practices for determining when
protective custody under ORS 419B.150 is appropriate and
necessary + }.
  (2) The Oregon State Bar and each board that licenses,
certifies or registers public and private officials required to
report child abuse under ORS 419B.010 shall identify those
persons regulated by the board who in their official capacity
have regular and on-going contact with children and shall notify
those persons every two years of their duty to report child
abuse. Such notice shall contain what the person is required to
report and where such report shall be made and also advise of the
symptoms to look for and provide a contact number for further
information.
  (3) The department shall develop content of the notice for such
a mailing. The cost of distribution shall be paid by the board.
  (4) The department shall develop and make available, at cost,
training materials that may be used at training conferences and

other similar events involving such public and private officials,
as defined in ORS 419B.005.
  SECTION 6.  { + Section 4 of this 2011 Act and the amendments
to ORS 419B.035 and 418.702 by sections 1, 2 and 5 of this 2011
Act apply to child abuse investigations conducted on or after the
effective date of this 2011 Act. + }
                         ----------