Bill Text: OR SB288 | 2011 | Regular Session | Introduced
Bill Title: Relating to child welfare records.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB288 Detail]
Download: Oregon-2011-SB288-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 1521
Senate Bill 288
Sponsored by Senator FERRIOLI (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.
Authorizes limited disclosure of child welfare records to
specified individuals if purpose of disclosure is to determine if
Department of Human Services acted within scope of department's
authority.
A BILL FOR AN ACT
Relating to child welfare records; amending ORS 409.225.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 409.225 is amended to read:
409.225. (1) In the interest of family privacy and for the
protection of children, families and other recipients of
services, the Department of Human Services shall not disclose or
use the contents of any child welfare records, files, papers or
communications that contain any information about an individual
child, family or other recipient of services for purposes other
than those directly connected with the administration of child
welfare laws or unless required or authorized by ORS 419A.255 or
419B.035. The records, files, papers and communications are
confidential and are not available for public inspection. General
information, policy statements, statistical reports or similar
compilations of data are not confidential unless such information
is identified with an individual child, family or other recipient
of services or protected by other provision of law.
(2) Notwithstanding subsection (1) of this section, unless
exempt from disclosure under ORS chapter 192, the department
shall disclose child welfare records:
(a) About a recipient of services, to the recipient if the
recipient is { - 18 years of age or older - } { + an
adult + } or is legally emancipated, unless prohibited by court
order;
(b) Regarding a specific individual if the individual gives
written authorization to release confidential information;
(c) Concerning a child receiving services on a voluntary basis,
to the child's parent or legal guardian;
(d) To the juvenile court in proceedings regarding the child;
and
(e) Concerning a child who is or has been in the custody of the
department, to the child's parent or legal guardian except:
(A) { - When - } { + If + } the child objects; or
(B) If disclosure would be contrary to the best interests of
any child or could be harmful to the person caring for the child.
(3) Notwithstanding subsection (1) of this section, unless
exempt from disclosure under ORS chapter 192, the department
shall disclose child welfare records { - , if in the best
interests of the child, to - } :
(a) { + If it is in the best interests of the child, to + }
treatment providers, foster parents, adoptive parents, school
officials or other persons providing services to the child or
family to the extent that such disclosure is necessary to provide
services to the child or family; { - or - }
(b) { - A person designated as a member of a sensitive review
committee convened by the Director of Human Services When - }
{ + If + } the purpose { - of the committee - } { + of the
disclosure + } is to determine whether the department acted
appropriately and to make recommendations to the department
regarding policy and practice { + , to a person designated as a
member of a sensitive review committee convened by the Director
of Human Services; or
(c) If the purpose of the disclosure is to determine if the
department acted within the scope of its authority, to:
(A) An elected official;
(B) A treatment provider;
(C) A foster parent;
(D) An adoptive parent; or
(E) A school administrator.
(4) Any records disclosed under subsection (3)(c) of this
section shall contain only the facts of the case. The department
shall redact from any records disclosed the name of the child,
the names of family members and references to the relationships
between the child and family members involved in the case + }.
{ - (4) - } { + (5) + } Any record disclosed under
subsection (1), (2) or (3) of this section shall be kept
confidential by the person or entity to whom the record is
disclosed and shall be used only for the purpose for which
disclosure was made.
{ - (5) - } { + (6) + } Unless exempt from disclosure under
ORS chapter 192, when an adult who is the subject of information
made confidential by subsection (1) of this section publicly
reveals or causes to be revealed any significant part of the
confidential matter or information, the protections afforded by
subsection (1) of this section are presumed voluntarily waived
and confidential information about the person making or causing
the public disclosure, not already disclosed but related to the
information made public, may be disclosed if disclosure is in the
best interests of the child or necessary to the administration of
the child welfare laws.
{ - (6) - } { + (7) + } Notwithstanding subsection (1) of
this section, unless exempt from disclosure under ORS chapter
192, the department shall disclose information related to the
department's activities and responsibilities in a case where
child abuse or neglect has resulted in a child fatality or near
fatality or where an adult has been charged with a crime related
to child abuse or neglect.
{ - (7) - } { + (8) + } Notwithstanding subsections (2),
(3), { - (5) - } { + (6) + } and
{ - (6) - } { + (7) + } of this section, ORS 192.501 (3)
shall apply to investigatory information compiled for criminal
law purposes that may be in the possession of the department.
{ - (8) - } { + (9) + } As used in this section, 'adult'
means a person who is 18 years of age or older.
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