Bill Text: OR SB871 | 2011 | Regular Session | Introduced

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Bill Title: Relating to review of protective custody determinations.

Sponsorship: Committee Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB871 Detail]

Download: Oregon-2011-SB871-Introduced.html

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     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 2339

                         Senate Bill 871

Sponsored by COMMITTEE ON JUDICIARY

                             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 probable cause to take child into protective custody.
Directs Department of Human Services to adopt rules to determine
probable cause to take child into protective custody.
  Directs courts to designate person appointed by court to effect
disposition. Establishes procedure for review of protective
custody determinations by person appointed by court to effect
disposition. Requires disclosure of reports and records compiled,
prepared, maintained or received by department or law enforcement
agency regarding child taken into protective custody to person
appointed by court to effect disposition.

                        A BILL FOR AN ACT
Relating to review of protective custody determinations; creating
  new provisions; and amending ORS 419B.035, 419B.150, 419B.160,
  419B.165, 419B.168, 419B.171, 419B.175 and 419B.185.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 419B.150 is amended to read:
  419B.150. (1) A child may be taken into protective custody by a
peace officer, counselor, employee of the Department of Human
Services or any other person authorized by the juvenile court of
the county in which the child is found, in the following
circumstances:
  (a)   { - When the child's condition or surroundings reasonably
appear to be such as to jeopardize the child's welfare - }  { +
When the person taking the child into protective custody has
probable cause to believe that the welfare of the child or others
is or will be immediately endangered unless the child is taken
into protective custody + };
  (b) When the juvenile court, by order indorsed on the summons
as provided in ORS 419B.839 or otherwise, has ordered that the
child be taken into protective custody; or
  (c) When it reasonably appears that the child has run away from
home.
  (2)(a) Before issuing an order under subsection (1)(b) of this
section, the court shall review an affidavit sworn on information
and belief provided by a peace officer, counselor or employee of
the department or other person authorized by the juvenile court
that sets forth with particularity the facts and circumstances on
which the request for protective custody is based, why protective
custody is in the best interests of the child and the reasonable
efforts or, if the Indian Child Welfare Act applies, active
efforts made by the department to eliminate the need for
protective custody of the child.
  (b) Except as provided in paragraph (c) of this subsection, an
order directing that a child be taken into protective custody
under subsection (1) of this section shall contain written
findings, including a brief description of the reasonable efforts
or, if the Indian Child Welfare Act applies, active efforts to
eliminate the need for protective custody of the child that the
department has made and why protective custody is in the best
interests of the child.
  (c) The court may issue an order even though no services have
been provided if the court makes written findings that no
existing services could eliminate the need for protective custody
of the child and that protective custody is in the best interests
of the child.
  (3) When a child is taken into protective custody as a runaway
under subsection (1) of this section, the peace officer or other
person who takes the child into  { + protective + } custody:
  (a)(A) Shall release the child without unnecessary delay to the
custody of the child's parent or guardian or to a shelter
facility that has agreed to provide care and services to children
who have run away from home and that has been designated by the
juvenile court to provide such care and services; or
  (B) Shall follow the procedures described in ORS 419B.160,
419B.165, 419B.168 and 419B.171;
  (b) Shall, if possible, determine the preferences of the child
and the child's parent or guardian as to whether the best
interests of the child are better served by placement in a
shelter facility that has agreed to provide care and services to
children who have run away from home and that has been designated
by the juvenile court to provide such care and services or by
release to the child's parent or guardian; and
  (c) Notwithstanding ORS 419B.165 and subsection (1) of this
section, shall release the child to a shelter facility that has
agreed to provide care and services to children who have run away
from home and that has been designated by the juvenile court to
provide such care and services if it reasonably appears that the
child would not willingly remain at home if released to the
child's parent or guardian.
  SECTION 2. ORS 419B.160 is amended to read:
  419B.160. (1) A child or ward may not be detained at any time
in a police station, jail, prison or other place where adults are
detained, except that a child or ward may be detained in a police
station for up to five hours when necessary to obtain the child
or ward's name, age, residence and other identifying information.
  (2) All peace officers shall keep a record of children taken
into protective custody and shall promptly notify the juvenile
court or counselor of all children taken into protective custody.
  (3) As soon as practicable after the child is taken into  { +
protective + } custody, the person taking the child into
 { + protective + } custody shall notify { + :
  (a) + } The child's parent, guardian or other person
responsible for the child { + ; and
  (b) The person appointed by the court to effect disposition
under ORS 419B.175 + }.
   { +  (4) + } The notice  { + required under subsection (3)(a)
of this section + } shall inform the parent, guardian or other
person of { + :
  (a) + } The action taken { + ; + }   { - and - }
   { +  (b) + } The time and place   { - of the hearing - }  { +
of the interview with the person appointed by the court to effect
disposition under ORS 419B.175; and
  (c) The time and place of any hearing that has been scheduled
pursuant to ORS 419B.183 or 419B.185 + }.
  SECTION 3. ORS 419B.165 is amended to read:

  419B.165. The person taking the child into  { + protective + }
custody shall release the child to the custody of the child's
parent or other responsible person in this state, except in the
following cases:
  (1) Where the court has issued an order directing that the
child be taken into protective custody.
  (2) Where the person taking the child into  { + protective + }
custody has probable cause to believe that the welfare of the
child or others   { - may - }  { +  is or will + } be immediately
endangered by the release of the child.
  SECTION 4.  { + Section 5 of this 2011 Act is added to and made
a part of ORS chapter 419B. + }
  SECTION 5.  { + (1) As used in this section and ORS 419B.150,
419B.165, 419B.171 and 419B.175, 'probable cause' means that
there is a substantial objective basis for believing that the
welfare of the child or others is or will be immediately
endangered unless the child is taken into protective custody.
  (2) The Department of Human Services shall adopt rules
clarifying the conditions, surroundings and circumstances that
would comprise sufficient probable cause for taking a child into
protective custody. + }
  SECTION 6. ORS 419B.168 is amended to read:
  419B.168. (1) If a child taken into protective custody is not
released as provided in ORS 419B.165   { - and the juvenile court
for the county has not established the alternative procedure
authorized in subsection (4) of this section - } , the person
taking the child into  { + protective + } custody shall  { - ,
without unnecessary delay, do one of the following - }  { +
immediately + }:
  (a) { + (A) + } Take the child before   { - the court or - }  a
person appointed by the court to effect disposition under
 { - ORS 419B.165. - }  { +  ORS 419B.175 and comply with the
provisions of ORS 419B.175; or + }
    { - (b) - }   { + (B) + } Take the child to a place of
detention or shelter care or a public or private agency
designated by the court and as soon as possible thereafter notify
the   { - court - }   { + person appointed by the court to effect
disposition under ORS 419B.175  + }that the child has been taken
 { - into custody - }  { +  and placed at a location designated
in this subparagraph; and
  (b) Prepare the report required under ORS 419B.171 + }.
  (2) Where a child residing in some other county is taken into
protective custody the child may be:
  (a) Released to the child's parent or other responsible person
in this state as provided in ORS 419B.165.
  (b) Delivered to a peace officer or juvenile counselor in the
county in which the child resides, if such delivery can be made
without unnecessary delay. In such event, the person to whom the
child is delivered shall assume protective custody of the child
and shall proceed as provided in this   { - chapter - }  { +
section + }.
  (3) Where a child is released or delivered as provided in
subsection (2) of this section, the jurisdiction of the juvenile
court of the county in which the child resides shall attach from
the time the child is taken into  { + protective + } custody.
    { - (4) The juvenile court may establish, as an alternative
to the provisions of subsection (1) of this section, that if a
child taken into protective custody is not released as provided
in ORS 419B.165, procedures shall be followed that comply with
the following: - }
    { - (a) The person taking the child into custody may
communicate, by telecommunications or otherwise, with the person
appointed by the court to effect disposition under ORS
419B.175. - }
    { - (b) After interviewing the person taking the child into
custody and obtaining such other information as is considered
necessary, the person appointed by the court under ORS 419B.175
to effect disposition may exercise the authority granted under
that section and shall, in such case, direct that the person
taking the child into custody release the child or deliver the
child in accordance with such direction. - }
    { - (c) The person taking the child into custody shall comply
with the direction of the person appointed by the court to effect
disposition. - }
  SECTION 7. ORS 419B.171 is amended to read:
  419B.171. Except where the child is taken into
 { + protective + } custody pursuant to an order of the court,
the person taking the child into  { + protective + } custody
shall promptly file with   { - the court or a counselor - }  { +
the person appointed by the court to effect disposition under ORS
419B.175 + } a   { - brief - }  written report stating all of the
following:
  (1) The child's name, age and address.
  (2) The name and address of the person having legal or physical
custody of the child.
  (3) Efforts to notify the person having legal or physical
custody of the child and the results of those efforts.
  (4) Reasons for and circumstances under which the child was
taken into protective custody { + , including the factual basis
for the person's belief that probable cause existed to take the
child into protective custody + }.
  (5) If the child is not taken to   { - court - }  { +  the
person appointed by the court to effect disposition under ORS
419B.175 + }, the placement of the child.
  (6) If the child was not released, the reason why the child was
not released.
  (7) If the child is not taken to   { - court - }  { +  the
person appointed by the court to effect disposition under ORS
419B.175 + }, why the type of placement was chosen.
  (8) Efforts to determine whether the child or the parents have
any Indian heritage and the results of those efforts. If the
child is an Indian child, the placement of the child shall be
according to the preferences and criteria set out in the Indian
Child Welfare Act.
  SECTION 8. ORS 419B.175 is amended to read:
  419B.175.   { - (1) This subsection establishes the authority
and procedures that apply to a person designated by a court to
effect disposition of a child taken into protective custody or
brought before the court under ORS 419B.160, 419B.165, 419B.168
or 419B.171. The person shall, when the person has taken custody
of a child or has authority to effect disposition of a child
taken into custody: - }  { +  (1) The juvenile court shall
appoint a person to effect disposition of a child taken into
protective custody who shall have the authority and who shall
carry out the procedures under this section.
  (2) If a child taken into protective custody is not released as
provided in ORS 419B.165, the person taking the child into
protective custody shall immediately notify and provide to the
person appointed by the court to effect disposition under this
section any reports and records compiled, prepared, maintained or
received by the Department of Human Services or a law enforcement
agency as required by section 13 of this 2011 Act.
  (3) The person appointed by the court to effect disposition
shall, as soon as possible after being notified under subsection
(2) of this section, interview the person who took the child into
protective custody and review the report prepared under ORS
419B.171.
  (4) The person appointed by the court to effect disposition may
also:
  (a) Contact and interview the parent, guardian or other person
responsible for the child who was taken into protective custody;

  (b) Contact and consider information that is provided by or
requested from a county multidisciplinary child abuse team under
ORS 418.747 that has undertaken an investigation of allegations
of child abuse involving the child that was taken into protective
custody;
  (c) Contact and interview other individuals with information
about the conditions, surroundings and circumstances of the child
before or at the time the child was taken into protective
custody; and
  (d) Review any written information, reports or other documents
that contain information about the conditions, surroundings and
circumstances of the child before or at the time the child was
taken into protective custody.
  (5) Following the interviews, contacts and review of
information under subsections (3) and (4) of this section, the
person appointed by the court to effect disposition shall
determine whether probable cause exists to take the child into
protective custody.
  (6) If a determination is made that probable cause does not
exist to take the child into protective custody, the person
appointed by the court to effect disposition shall: + }
  (a) Release the child to the custody of a parent, guardian or
other responsible person; { +  or + }
  (b) Release the child on the child's own recognizance when
appropriate  { - ; - }  { + . + }
    { - (c) - }  { +  (7) If a determination is made that
probable cause does exist to take the child into protective
custody, the person appointed by the court to effect disposition
shall, + } subject to ORS 419B.121 or 419B.180, place the child
in shelter care or detention  { +  if the child has not already
been placed in shelter care or detention by the person taking the
child into protective custody + }.  The child shall be placed in
shelter care rather than detention, unless the   { - person has
probable cause to believe that the - }  court will be able to
detain the child under ORS 419B.121 { + . + }  { - ; or - }
    { - (d) Pursuant to order of the court made after the filing
of a petition, hold, retain or place the child in shelter care
subject to further order. - }
    { - (2) - }  { +  (8) + } If the child is released under
subsection   { - (1)(a) - }  { +  (6)(a) + } of this section, the
person   { - releasing the child - }   { + appointed by the court
to effect disposition + } shall inform the juvenile court.
   { +  (9) The person taking the child into protective custody
shall comply with the direction of the person appointed by the
court to effect disposition. + }
  SECTION 9. ORS 419B.185 is amended to read:
  419B.185. (1) When a child or ward is taken, or is about to be
taken, into protective custody pursuant to ORS 419B.150,
419B.160, 419B.165, 419B.168 and 419B.171 and placed in detention
or shelter care,  { + or where a person appointed by the court to
effect disposition under ORS 419B.175 directs that a child be
placed in shelter care or detention,  + }a parent, child or ward
shall be given the opportunity to present evidence to the court
at the hearings specified in ORS 419B.183, and at any subsequent
review hearing, that the child or ward can be returned home
without further danger of suffering physical injury or emotional
harm, endangering or harming others, or not remaining within the
reach of the court process prior to adjudication. At the hearing:
  (a) The court shall make written findings as to whether the
Department of Human Services has made reasonable efforts or, if
the Indian Child Welfare Act applies, active efforts to prevent
or eliminate the need for removal of the child or ward from the
home and to make it possible for the child or ward to safely
return home. When the court finds that no services were provided
but that reasonable services would not have eliminated the need
for protective custody, the court shall consider the department
to have made reasonable efforts or, if the Indian Child Welfare
Act applies, active efforts to prevent or eliminate the need for
protective custody. The court shall include in the written
findings a brief description of the preventive and reunification
efforts made by the department.
  (b) In determining whether a child or ward shall be removed or
continued out of home, the court shall consider whether the
provision of reasonable services can prevent or eliminate the
need to separate the family.
  (c) In determining whether the department has made reasonable
efforts or, if the Indian Child Welfare Act applies, active
efforts to prevent or eliminate the need for removal of the child
or ward from the home and to make it possible for the child or
ward to safely return home, the court shall consider the child or
ward's health and safety the paramount concerns.
  (d) The court shall make a written finding in every order of
removal that describes why it is in the best interests of the
child or ward that the child or ward be removed from the home or
continued in care.
  (e) When the court determines that a child or ward shall be
removed from the home or continued in care, the court shall make
written findings whether the department made diligent efforts
pursuant to ORS 419B.192. The court shall include in its written
findings a brief description of the efforts made by the
department.
  (f) The court shall determine whether the child or ward is an
Indian child as defined in ORS 419A.004 or in the applicable
State-Tribal Indian Child Welfare Agreement.
  (g) The court may receive testimony, reports and other evidence
without regard to whether the evidence is admissible under ORS
40.010 to 40.210 and 40.310 to 40.585 if the evidence is relevant
to the determinations and findings required under this section.
As used in this paragraph, 'relevant evidence' has the meaning
given that term in ORS 40.150.
  (2) To aid the court in making the written findings required by
subsection (1)(a), (d) and (e) of this section, the department
shall present written documentation to the court outlining:
  (a) The efforts made to prevent taking the child or ward into
protective custody and to provide services to make it possible
for the child or ward to safely return home;
  (b) The efforts the department made pursuant to ORS 419B.192;
and
  (c) Why protective custody is in the best interests of the
child or ward.
  SECTION 10. 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) The person appointed by the court to effect disposition
under ORS 419B.175 + }.
  (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, as authorized by
subsections (1) to (5) of this section, shall be kept
confidential by the agency, department, board or physician. 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 11. 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) The person appointed by the court to effect disposition
under ORS 419B.175 + }.
  (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, as authorized by
subsections (1) to (5) of this section, shall be kept
confidential by the agency, department, board or physician. 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 12.  { + Section 13 of this 2011 Act is added to and
made a part of ORS chapter 419B. + }
  SECTION 13.  { + 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,
prepared, maintained or received by the Department of Human
Services or a law enforcement agency in connection with a child
taken, or about to be taken, into protective custody under ORS
419B.150 are confidential and may not be disclosed except that
all reports and records described in this section shall be made
available to the person appointed by the court to effect
disposition under ORS 419B.175. + }
  SECTION 14.  { + Sections 5 and 13 of this 2011 Act and the
amendments to ORS 419B.035, 419B.150, 419B.160, 419B.165,
419B.168, 419B.171, 419B.175 and 419B.185 by sections 1 to 3 and
6 to 11 of this 2011 Act apply to protective custody
determinations made on or after the effective date of this 2011
Act. + }
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