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. + } ----------