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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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OREGON YOUTH AUTHORITY

 

DIVISION 105

DISCLOSURE OF OFFENDER CASE RECORD INFORMATION

 

 

416-105-0000

Definition

Authorized representative: Attorneys, law students, special investigators, and other persons who have legitimate connection with the legal issue being pursued.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 192 & 419A.255
Hist.: OYA 1-2004, f. & cert. ef. 5-14-04

416-105-0010

Disclosure of Offender Case Record Information

(1) The OYA will disclose information contained in offender case records in compliance with applicable federal and state laws, rules, and its own policies and procedures.

(a) Case records include any official agency information that identifies an individual who was committed to the OYA by the court and who received services from the OYA. These records include any writing or recording of information including automated records and printouts, including Juvenile Justice Information System records, handwriting, typewriting, printing, photocopying, photographing, magnetic tapes, video tapes, or other documents.

(b) When such information concerns offenders in the legal custody of the Department of Corrections that are assigned to OYA facilities, Department of Corrections' rules also apply.

(2) Offenders are entitled to know the conditions under which information may be divulged. Case record information may be used by the OYA for purposes directly connected with the administration of the agency's programs. Other uses are prohibited unless:

(a) Required by federal or state law or regulation;

(b) Ordered by a judge; 

(c) Pursuant to a subpoena;

(d) Authorized by statute or these rules; or

(d) Requested in writing by the offender or his/her authorized representative.

(3)(a) Individuals, agencies or organizations that receive confidential information from the OYA are expected to preserve the confidential nature of the communication.

(b) Information obtained by the OYA from another social agency, public department, institution, hospital, physician or attorney will be for the exclusive use of the OYA in the administration of the program for which it is responsible. Such information may be disclosed to persons or agencies other than those specifically authorized in writing by the offender when the disclosure is directly related to the administration of the OYA and its programs.

(A) Information received by the OYA from Old Age Survivor and Disability Insurance (OASDI), Veteran's Administration or the Workers'' Compensation Board, or information contained in child abuse investigation reports may not be released even with the authorization of the offender;

(B) Alcohol and Drug Treatment information may be released only when criteria in the federal regulations are met;

(C) Release of offender medical records or mental health information may be released only in compliance with Oregon law.

(4) Copies of offender information used for ad hoc consultation (e.g., case staffing) and not needed for the consultant's permanent file will be promptly destroyed.

(5) When an OYA record or part of a record has been sealed or marked as expunged, the provisions of Division 140 (Expunction of Records) of these rules will apply.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 192 & 419A.255
Hist.: OYA 1-2004, f. & cert. ef. 5-14-04

416-105-0020

Requests for Case Record Information

Requests for case record information will be processed in compliance with Division 130 (Inspection and Copying of Records) of these rules.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 192 & 419A.255
Hist.: OYA 1-2004, f. & cert. ef. 5-14-04

416-105-0030

Use of Case Record Information by the OYA and Other Service Agencies

Unless otherwise prohibited by statutes, rules, or court order, the OYA may disclose information in order to administer programs and provide services to offenders. Social service agencies, courts, foster parents, service providers (including medical providers), and all agents of the OYA providing services to an offender at the request of the agency are subject to these rules and OYA policy and procedures discussing appropriate release of information. Reasons for disclosure include, but are not limited to:

(1) Juvenile or tribal court proceedings involving the jurisdiction, custody, placement, supervision or provision of services to an offender;

(2) A social service agency, service provider or agent of the OYA for the purpose of arranging appropriate services for the affected offender and the offender's family, e.g., intensive family service workers, foster parents, youth care centers, private youth caring agencies, treatment centers, Indian social service or child welfare agencies, physicians and other health care providers, mental health professionals, volunteers, student interns etc.;

(3) A legislator or committee member of a legislative body with a release signed by the offender. If the representative requests information to respond to an offender's letter, the OYA will consider the letter as authorization for release of information. If the representative requests information to respond to an offender's telephonic request, the OYA may briefly discuss the case if the representative can provide assurance that the offender has authorized disclosure and there is neither physical inspection nor copying of the records by that representative;

(4) The Division of Child Support when information is needed in order to locate children or absent parents, and to establish support for offenders in OYA custody;

(5) Agencies for the purpose of program review or audit, with prior written authorization from the OYA;

(6) Divisions of the Department of Human Services that need information to determine an offender's eligibility for services or for administration of its programs;

(7) A law enforcement officer or a district attorney's office needing information for a child abuse assessment or criminal investigation or civil or criminal proceedings connected with administering OYA programs;

(8) Citizen Review Boards in connection with official duties of the board;

(9) A public disclosure in compliance with OYA policy, including, but not limited to instances where:

(a) An offender escapes from a secure facility or absconds from community placement; has been abducted or missing and believed to be in danger; or is missing and believed to be a threat to the welfare of others;

(b) Information indicates that the offender presents a clear and immediate danger to another person or society. Information will be provided to proper authorities and the person or entity in danger;

(c) The OYA determines that providing public recognition is in the best interest of an offender in order to secure essential services for the offender or in recognition of a special achievement.

(10) The offender authorizes release of information by signing an appropriate release form.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 192 & 419A.255
Hist.: OYA 1-2004, f. & cert. ef. 5-14-04

416-105-0040

Other Access

Other types of access to case record information include, but are not limited to:

(1) Judicial proceedings:

(a) Information from confidential records will not be divulged in any judicial proceedings unless it is directly connected with the administration of OYA programs, or when the offender has given written and specific authorization for such release, or when ordered by the court.

(b) Whenever any OYA staff is served with a subpoena or any other legal process that might involve the release of confidential information, the staff will act in accordance with OYA policy.

(2) Research: The OYA may give approval to a person or organization to review records for the purpose of research, in accordance with Division 170 (Approval of Research Proposals) of these rules.

(3) Offenders or Authorized Representative:

(a) The offender may see only his/her record.

(b) OYA staff will review each request and record individually before it is released to the offender for review in accordance with OYA policy.

(A) The offender may read the record in the presence of an OYA staff person.

(B) The OYA may ask the Attorney General to review a request when it believes the release of information may be harmful to the offender or others.

(c) For Department of Corrections' offenders temporarily assigned to OYA facilities, Department of Corrections' rules also apply.

(d) An offender's appointed attorney may inspect and receive copies of the entire case record upon request.

(4) Parents:

(a) Reports and other materials relating to the offender's history and prognosis may be disclosed to parents upon request, as defined by Oregon law.

(b) The OYA may ask the Attorney General to review a request when it believes the release of information may be harmful to the offender.

(c) Unless ordered by the court to release the information, the OYA may withhold from a parent or guardian the address of the person caring for the offender if the OYA has reason to believe such action is necessary to protect the safety of the offender or the person caring for the offender.

(5) Law enforcement:

(a) Except as authorized by federal or state law and OYA policy, OYA staff will not give law enforcement officers any information about offenders from case records, conversations, or sources obtained because the person is or has been a committed offender with the OYA.

(b) Information may be released in relation to a child abuse assessment or criminal investigation or civil or criminal proceedings connected with administering OYA programs.

(c) An offender's current address may be provided to law enforcement officers when all the following are true:

(A) The law enforcement officer provides the name and social security number of the offender;

(B) The officer satisfactorily demonstrates that the offender is a fugitive, the location or apprehension of such fugitives is within the law enforcement officer's official duties, and the request is made in the proper exercise of those duties.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 192 & 419A.255
Hist.: OYA 1-2004, f. & cert. ef. 5-14-04

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