Or. Admin. Code § 416-105-0030

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

Section 416-105-0030 - Use of Case Record Information by OYA and Other Service Agencies

(1) Unless otherwise prohibited by laws, rules, or the courts, OYA may disclose information to administer programs and provide services to Youth in Custody. Social service agencies, courts, foster parents, service providers (including medical providers), and OYA agents that provide services to Youth in Custody at the request of OYA are subject to these rules and OYA policies regarding appropriate release of information.

(2) Reasons for disclosure include, but are not limited to:

(a) Juvenile or tribal court proceedings involving the jurisdiction, custody, placement, supervision, or service provision to a Youth in custody;

(b) A social service agency, service provider or OYA agent for the purpose of arranging appropriate services for a Youth in Custody and the Youth in Custody'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);

(c) A legislator or legislative body committee member with a release of information signed by the Youth in Custody. If the legislator or committee member requests information to respond to a Youth in Custody's letter, the letter is considered a release of information. If the legislator or committee member requests information to respond to a Youth in Custody's telephonic request, OYA may briefly discuss the case if the legislator or committee member can assure the Youth in Custody has authorized disclosure and there is neither physical inspection nor copying of the records by the legislator or committee member;

(d) The Division of Child Support when information is needed to locate children or absent parents, or to establish support for a Youth in Custody in OYA custody;

(e) Agencies for program review or audit, with prior OYA written authorization;

(f) The Department of Human Services when the information is to determine a Youth in Custody's eligibility for services, or for administration of its programs;

(g) A law enforcement agency or a district attorney's office when the information is needed for a child abuse assessment, or criminal investigation, civil or criminal proceedings related to administering OYA programs;

(h) Citizen review boards when carrying out official duties of the board;

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

(A) A Youth in Custody 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) A Youth in Custody 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) OYA determines that publicly recognizing a Youth in Custody is in the Youth in Custody's best interest to secure essential services for the Youth in Custody, or to recognize the Youth in Custody's special achievement; and

(j) The Youth in Custody authorizes release of information by signing an appropriate release form.

Or. Admin. Code § 416-105-0030

OYA 1-2004, f. & cert. ef. 5-14-04; OYA 2-2021, amend filed 03/04/2021, effective 3/4/2021; OYA 4-2022, amend filed 09/06/2022, effective 9/6/2022

Statutory/Other Authority: ORS 420A.025

Statutes/Other Implemented: ORS 192 & ORS 419A.255