Or. Admin. R. 461-105-0100

Current through Register Vol. 63, No. 8, August 1, 2024

Section 461-105-0100 - Release of Client Information to Law Enforcement Officers

For any program covered by chapter 461 of the Oregon Administrative Rules:

(1) The Department may provide client information to a law enforcement officer in any of the following situations:

(a) The law enforcement officer is involved in carrying out public assistance or medical assistance laws, or any investigation, criminal or civil proceedings connected with administering the Department's benefit programs.

(b) A Department employee may disclose information from personal knowledge that does not come from the client's interaction with the Department.

(c) The disclosure is authorized by statute or administrative rule.

(2) Except as provided in section (3) of this rule, the Department may give a client's current address, Social Security number, and photo to a law enforcement officer if the law enforcement officer makes the request in the course of official duty, supplies the client's name, and states that the client:

(a) Is a fugitive felon or is violating parole or probation; or

(b) For all programs except SNAP, has information that is necessary for the officer to conduct official duties of the officer, and the location or apprehension of the client is within the officer's official duties. For clients only in the SNAP program, has information that is necessary to conduct an official investigation of a fugitive felon or someone violating parole or probation.

(3) If domestic violence has been identified in the household, section (2) of this rule does not authorize the release of information about a victim of domestic violence unless a member of the household is either wanted as a fugitive felon or is violating probation or parole.

(4) For purposes of the rules in Division 461-105, a fugitive felon is a person fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, that would be classified as a felony

(5) For purposes of the rules in Division 461-105, a law enforcement officer is an employee of the Oregon State Police, a county sheriff's department, or a municipal police department, whose job duties include arrest authority.

Or. Admin. R. 461-105-0100

AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 32-1996(Temp), f. & cert. ef. 9-23-96; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06; SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 10-2024, minor correction filed 02/21/2024, effective 2/21/2024

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.816, 412.014, 412 & 049

Statutes/Other Implemented: ORS 409.010, 410.150, 411.060, 411.320, 411.335, 411.404, 411.816, 411.837, 412.014, 412.049 & 412.072