ORS § 420.891

Current through 2024 Regular Session legislation effective June 6, 2024
Section 420.891 - Interference with disclosure of information
(1) An adjudicated youth foster home may not interfere with the good faith disclosure of information concerning the abuse or mistreatment of a youth in the care of the adjudicated youth foster home, violations of licensing or certification requirements, criminal activity at the adjudicated youth foster home, violations of state or federal laws or any practice that threatens the health and safety of an adjudicated youth in the care of the adjudicated youth foster home to:
(a) The Oregon Youth Authority, a law enforcement agency or other entity with legal or regulatory authority over the adjudicated youth foster home; or
(b) A family member, guardian or other person who is acting on behalf of the youth.
(2) An adjudicated youth foster home interferes with the disclosure of the information described in subsection (1) of this section by:
(a) Asking or requiring the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information;
(b) Training an employee or volunteer not to disclose the information; or
(c) Taking actions or communicating to the employee or volunteer that the employee or volunteer may not disclose the information.
(3) The authority may revoke or suspend the certificate of approval of an adjudicated youth foster home that is found to have violated subsection (1) of this section.
(4) This section does not authorize the disclosure of:
(a) Protected health information, as defined in ORS 192.556, other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 to 192.581 or by other state or federal laws limiting the disclosure of health information; or
(b) Information protected under ORS 419A.255 and 419A.257.

ORS 420.891

Amended by 2021 Ch. 489,§ 131, eff. 1/1/2022.
2019 c. 381, § 19

See note under 420.888.