Or. Admin. Code § 413-200-0298

Current through Register Vol. 63, No. 12, December 1, 2024

Section 413-200-0298 - Confidentiality of Applicant or Certified Family Information

(1) This rule describes how the Department may exercise its authority to disclose information it gathers about an applicant or a certified family.

(2) The name, address, and other identifying information about a certified family are confidential under ORS. 418.642 and not open to public inspection. Except as provided in these rules, the Department may not disclose identifying information.

(3) Unless prohibited by federal or state law, the Department may disclose the name, address, or other identifying information about a foster parent or relative caregiver when:

(a) A foster parent or relative caregiver requests information about the foster parent or relative caregiver;

(b) A foster parent or relative caregiver authorizes disclosure about the foster parent or relative caregiver;

(c) A court order requires disclosure;

(d) The Department determines disclosure is necessary or advisable to protect the best interest of a child oryoung adult; or

(e) The Department determines disclosure is necessary for the administration of child welfare laws, which may include, but is not limited to, the following circumstances:

(A) Disclosure to employees of the Secretary of State's Office, the Department of Health and Human Services, and the Department which requires information to complete audits, program reviews or other investigations of child welfare programs administered by the Department;

(B) Disclosure to law enforcement officers and district attorney's offices that require information for child abuse assessments, criminal investigations, or other civil or criminal proceedings connected with administering the Department's child welfare programs;

(C) Disclosure to the Office of Administrative Hearings or an Administrative Law Judge as part of an administrative action initiated by the Department;

(D) Disclosure to the juvenile court or a party to a juvenile court case concerning a child or young adult to enable the court or the party to protect the best interests of the child or young adult;

(E) Disclosure to comply with the requirements of mandatory abuse reporting laws including, but not limited to: ORS 124.060 (elder abuse), 419B.010 (child abuse), 430.765 (adults with mental illness or developmental disabilities), and 441.640 (residents in long-term care facilities);

(F) Disclosure for the purposes of providing support, training, education or other information about the role of a certified family.

(4) Unless prohibited by federal or state law, the Department may disclose information about an applicant or certified family when:

(a) Disclosure is required or authorized by federal or state laws, including the Oregon Public Records Law;

(b) An applicant has requested information about the applicant;

(c) An applicant authorizes disclosure of information about the applicant;

(d) A court order requires disclosure;

(e) Disclosure is necessary or advisable to protect the best interests of a child or young adult; or

(f) Disclosure is necessary for the administration of child welfare laws, as outlined in subsection (3)(e) of this rule.

Or. Admin. Code § 413-200-0298

CWP 20-2015, f. & cert. ef. 10/1/2015; CWP 2-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018; CWP 54-2018, amend filed 06/29/2018, effective 6/29/2018; CWP 53-2019, amend filed 12/23/2019, effective 1/1/2020; CWP 9-2021, amend filed 03/26/2021, effective 4/15/2021

Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.642

Statutes/Other Implemented: ORS 409.050, ORS 418.005, ORS 409.010 & ORS 418.642