2013 ORS § 419A.255¹
Maintenance
  • disclosure
  • providing transcript
  • exceptions to confidentiality

(1)(a) The clerk of the court shall keep a supplemental confidential file for each case and a record of each case except as otherwise provided in ORS 7.120 (Disposition of exhibits, notes and audio records of circuit court cases).

(b) The record of the case shall be withheld from public inspection but is open to inspection by the following:

(A) The judge of the juvenile court and those acting under the judges direction;

(B) The child;

(C) The ward;

(D) The youth;

(E) The youth offender;

(F) The parent or guardian of the child, ward, youth or youth offender;

(G) The guardian ad litem for the parent;

(H) The surrogate;

(I) A person allowed to intervene in a proceeding involving the child, ward, youth or youth offender;

(J) Service providers in the case;

(K) The court appointed special advocate, and a representative of a CASA Volunteer Program as defined in ORS 458.580 (Definitions for CASA Volunteer Program provisions), when reasonably necessary for the appointment or supervision of court appointed special advocates;

(L) The attorneys or prospective appellate attorneys for any of the persons listed in subparagraphs (B) to (K) of this paragraph;

(M) The district attorney or assistant attorney general representing a party in the case;

(N) The juvenile department;

(O) The Department of Human Services;

(P) The Oregon Youth Authority; and

(Q) Any other person allowed by the court.

(c) The following are entitled to copies of the record of the case:

(A) The judge of the juvenile court and those acting under the judges direction;

(B) A party to the extent permitted under ORS 419B.875 (Parties to proceedings) (2) or 419C.285 (Parties to delinquency proceeding) (2);

(C) A guardian ad litem for a parent to the same extent the parent is permitted to copies under ORS 419B.875 (Parties to proceedings) (2) or 419C.285 (Parties to delinquency proceeding) (2);

(D) Persons listed in paragraph (b)(J) to (P) of this subsection; and

(E) Any other person allowed by the court.

(2)(a) Reports and other material relating to the child, ward, youth or youth offenders history and prognosis in the supplemental confidential file or record of the case are privileged and, except at the request of the child, ward, youth or youth offender, shall be withheld from public inspection. Once offered as an exhibit, reports and other material relating to the child, ward, youth or youth offenders history and prognosis become part of the record of the case but are subject to paragraph (e) of this subsection.

(b) A supplemental confidential file is open to inspection by the following:

(A) The judge of the juvenile court and those acting under the judges direction;

(B) The parent or guardian of the child or ward in a dependency case;

(C) The guardian ad litem for the parent of a child or ward in a dependency case;

(D) The parent or guardian of the youth or youth offender in a delinquency case if the youth or youth offender consents to, or the court authorizes, inspection;

(E) The guardian ad litem for the parent of a youth or youth offender in a delinquency case if the youth or youth offender consents to, or the court authorizes, inspection;

(F) Service providers in the case;

(G) The attorneys or prospective appellate attorneys for:

(i) The child;

(ii) The ward;

(iii) The youth;

(iv) The youth offender;

(v) The parent or guardian of the child, ward, youth or youth offender; or

(vi) The guardian ad litem for the parent;

(H) The surrogate;

(I) A person allowed to intervene in a proceeding involving the child, ward, youth or youth offender;

(J) The court appointed special advocate, and a representative of a CASA Volunteer Program as defined in ORS 458.580 (Definitions for CASA Volunteer Program provisions), when reasonably necessary for the appointment or supervision of court appointed special advocates;

(K) The district attorney or assistant attorney general representing a party in the case;

(L) The juvenile department;

(M) The Department of Human Services;

(N) The Oregon Youth Authority; and

(O) Any other person allowed by the court.

(c) The supplemental confidential file in cases under ORS 419C.005 (Jurisdiction) may be disclosed to the superintendent of the school district in which the youth offender resides or the superintendents designee.

(d) The following are entitled to copies of material maintained in the supplemental confidential file:

(A) The judge of the juvenile court and those acting under the judges direction;

(B) Service providers in the case;

(C) School superintendents and their designees in cases under ORS 419C.005 (Jurisdiction);

(D) Attorneys designated under subsection (1)(b)(L) of this section;

(E) The district attorney or assistant attorney general representing a party in the case;

(F) The juvenile department;

(G) The Department of Human Services;

(H) The Oregon Youth Authority;

(I) The court appointed special advocate, and a representative of a CASA Volunteer Program as defined in ORS 458.580 (Definitions for CASA Volunteer Program provisions), when reasonably necessary for the appointment or supervision of court appointed special advocates; and

(J) Any other person allowed by the court.

(e) A person that obtains copies of material in the supplemental confidential file pursuant to paragraph (d) of this subsection is responsible for preserving the confidentiality of the material in the supplemental confidential file. A service provider, school superintendent or superintendents designee who obtains copies of such material shall destroy the copies upon the conclusion of involvement in the case.

(3) Except as otherwise provided in subsection (5) of this section, no information appearing in the record of the case or in the supplemental confidential file may be disclosed to any person not described in subsection (2) of this section without the consent of the court, except for purposes of evaluating the child, ward, youth or youth offenders eligibility for special education as provided in ORS chapter 343, and no such information may be used in evidence in any proceeding to establish criminal or civil liability against the child, ward, youth or youth offender, whether such proceeding occurs after the child, ward, youth or youth offender has reached 18 years of age or otherwise, except for the following purposes:

(a) In connection with a presentence investigation after guilt has been admitted or established in a criminal court.

(b) In connection with a proceeding in another juvenile court concerning the child, ward, youth or youth offender or an appeal from the juvenile court.

(4)(a) When a person described in subsection (1)(b)(M), (N), (O) or (P) of this section inspects or obtains copies of reports, materials or documents under this subsection or under subsection (1) or (2) of this section, the person may not use or disclose the reports, materials or documents, except:

(A) As provided in this subsection or under subsection (1) or (2) of this section;

(B) In the juvenile court proceeding for which the reports, materials or documents were sought or disclosed;

(C) With the consent of the court; or

(D) As provided in ORS 419A.253 (When information in report, material or document considered by court must be identified in record).

(b) Nothing in this section prohibits the district attorney or assistant attorney general representing a party in a juvenile court proceeding, the juvenile department, the Department of Human Services, the Oregon Youth Authority or other parties in the proceeding or their attorneys from disclosing to each other reports, materials or documents described in subsections (1) and (2) of this section if the disclosure is reasonably necessary to perform official duties related to the involvement of the child, ward, youth or youth offender with the juvenile court or the juvenile department. A person to whom reports, materials or documents are disclosed under this subsection is subject to subsection (3) of this section.

(5)(a) Information contained in the supplemental confidential file that, in the professional judgment of the juvenile counselor, caseworker, school superintendent or superintendents designee, teacher or detention worker to whom the information in the supplemental confidential file has been provided, indicates a clear and immediate danger to another person or to society shall be disclosed to the appropriate authority and the person who is in danger from the child, ward, youth or youth offender.

(b) A person that discloses information under paragraph (a) of this subsection has immunity from any liability, civil or criminal, that might otherwise be incurred or imposed for making the disclosure.

(c) Nothing in this subsection affects the provisions of ORS 146.750 (Injuries to be reported to law enforcement agency), 146.760 (Immunity of participant in making of report), 419B.035 (Confidentiality of records), 419B.040 (Certain privileges not grounds for excluding evidence in court proceedings on child abuse) and 419B.045 (Investigation conducted on public school premises). The disclosure of information under this subsection does not make the information admissible in any court or administrative proceeding if it is not otherwise admissible.

(6) Notwithstanding any other provision of law, and subject to subsection (8) of this section, the following are not confidential and not exempt from disclosure:

(a) The name and date of birth of the youth or youth offender;

(b) The basis for the juvenile courts jurisdiction over the youth or youth offender;

(c) The date, time and place of any juvenile court proceeding in which the youth or youth offender is involved;

(d) The act alleged in the petition that if committed by an adult would constitute a crime if jurisdiction is based on ORS 419C.005 (Jurisdiction);

(e) That portion of the juvenile court order providing for the legal disposition of the youth or youth offender when jurisdiction is based on ORS 419C.005 (Jurisdiction);

(f) The names and addresses of the youth or youth offenders parents or guardians; and

(g) The register described in ORS 7.020 (Register) when jurisdiction is based on ORS 419C.005 (Jurisdiction).

(7) Notwithstanding any other provision of law, and subject to subsection (8) of this section, when a youth has been taken into custody under ORS 419C.080 (Custody), the following information shall be disclosed unless, and only for so long as, there is a clear need to delay disclosure in the course of a specific investigation, including the need to protect the complaining party or the victim:

(a) The youths name and age and whether the youth is employed or in school;

(b) The youth offense for which the youth was taken into custody;

(c) The name and age of the adult complaining party and the adult victim, unless the disclosure of such information is otherwise prohibited or restricted;

(d) The identity of the investigating and arresting agency; and

(e) The time and place that the youth was taken into custody and whether there was resistance, pursuit or a weapon used in taking the youth into custody.

(8) Except as provided in ORS 419A.300 (Reports to school districts concerning young persons on conditional release) and 420.048 (Notice required when youth offender transfers to new school or school district), only the juvenile court and the county juvenile department may disclose the information under subsections (6) and (7) of this section if the information is subject to disclosure, unless otherwise directed by the court.

(9) Nothing in this section limits access to any juvenile court records by an appellate court reviewing a juvenile court order or judgment. Appellate court rules may establish procedures for appellate court access to juvenile records.

(10) A petition filed under ORS 419B.851 (Service of process) alleging that a child who is a foreign national is within the jurisdiction of the court, or a motion requesting an implementation plan other than return of a ward to the wards parent, is subject to disclosure to the consulate for the child or wards country as provided under ORS 419B.851 (Service of process) (3).

(11) Nothing in this section prohibits a guardian appointed under ORS 419B.365 (Permanent guardianship) or 419B.366 (Guardianship) from disclosing or providing copies of letters of guardianship when so required to fulfill the duties of a guardian.

(12) The court shall cooperate in the sharing of information with a court in another state to facilitate an interstate placement of a child or ward. [1993 c.33 §49; 1993 c.234 §3; 1993 c.546 §8; 1995 c.422 §68; 1997 c.724 §§3,4; 1999 c.59 §118; 1999 c.620 §8; 2001 c.904 §11; 2001 c.910 §1; 2003 c.143 §4; 2003 c.229 §9; 2003 c.396 §34a; 2007 c.611 §4; 2008 c.50 §9; 2013 c.417 §§3,11; 2013 c.439 §§7,8]

Note: The amendments to 419A.255 (Maintenance) by section 11, chapter 417, Oregon Laws 2013, become operative July 1, 2014, and apply to juvenile court proceedings commenced on or after July 1, 2014. See section 12, chapter 417, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 3, chapter 417, Oregon Laws 2013, and section 7, chapter 439, Oregon Laws 2013, is set forth for the users convenience.

419A.255 (Maintenance). (1)(a) The clerk of the court shall keep a supplemental confidential file for each case and a record of each case except as otherwise provided in ORS 7.120 (Disposition of exhibits, notes and audio records of circuit court cases).

(b) The record of the case shall be withheld from public inspection but is open to inspection by the following:

(A) The judge of the juvenile court and those acting under the judges direction;

(B) The child;

(C) The ward;

(D) The youth;

(E) The youth offender;

(F) The parent or guardian of the child, ward, youth or youth offender;

(G) The guardian ad litem for the parent;

(H) The surrogate;

(I) A person allowed to intervene in a proceeding involving the child, ward, youth or youth offender;

(J) Service providers in the case;

(K) The court appointed special advocate, and a representative of a CASA Volunteer Program as defined in ORS 458.580 (Definitions for CASA Volunteer Program provisions), when reasonably necessary for the appointment or supervision of court appointed special advocates;

(L) The attorneys or prospective appellate attorneys for any of the persons listed in subparagraphs (B) to (K) of this paragraph;

(M) The district attorney or assistant attorney general representing a party in the case;

(N) The juvenile department;

(O) The Department of Human Services; and

(P) The Oregon Youth Authority.

(c) The following are entitled to copies of the record of the case:

(A) The judge of the juvenile court and those acting under the judges direction;

(B) A party to the extent permitted under ORS 419B.875 (Parties to proceedings) (2) or 419C.285 (Parties to delinquency proceeding) (2);

(C) A guardian ad litem for a parent to the same extent the parent is permitted to copies under ORS 419B.875 (Parties to proceedings) (2) or 419C.285 (Parties to delinquency proceeding) (2); and

(D) Persons listed in paragraph (b)(J) to (P) of this subsection.

(2)(a) Reports and other material relating to the child, ward, youth or youth offenders history and prognosis in the supplemental confidential file or record of the case are privileged and, except at the request of the child, ward, youth or youth offender, shall be withheld from public inspection. Once offered as an exhibit, reports and other material relating to the child, ward, youth or youth offenders history and prognosis become part of the record of the case but are subject to paragraph (e) of this subsection.

(b) A supplemental confidential file is open to inspection by the following:

(A) The judge of the juvenile court and those acting under the judges direction;

(B) The parent or guardian of the child or ward in a dependency case;

(C) The guardian ad litem for the parent of a child or ward in a dependency case;

(D) The parent or guardian of the youth or youth offender in a delinquency case if the youth or youth offender consents to, or the court authorizes, inspection;

(E) The guardian ad litem for the parent of a youth or youth offender in a delinquency case if the youth or youth offender consents to, or the court authorizes, inspection;

(F) Service providers in the case;

(G) The attorneys or prospective appellate attorneys for:

(i) The child;

(ii) The ward;

(iii) The youth;

(iv) The youth offender;

(v) The parent or guardian of the child, ward, youth or youth offender; or

(vi) The guardian ad litem for the parent;

(H) The surrogate;

(I) A person allowed to intervene in a proceeding involving the child, ward, youth or youth offender;

(J) The court appointed special advocate, and a representative of a CASA Volunteer Program as defined in ORS 458.580 (Definitions for CASA Volunteer Program provisions), when reasonably necessary for the appointment or supervision of court appointed special advocates;

(K) The district attorney or assistant attorney general representing a party in the case;

(L) The juvenile department;

(M) The Department of Human Services; and

(N) The Oregon Youth Authority.

(c) The supplemental confidential file in cases under ORS 419C.005 (Jurisdiction) may be disclosed to the superintendent of the school district in which the youth offender resides or the superintendents designee.

(d) The following are entitled to copies of material maintained in the supplemental confidential file:

(A) The judge of the juvenile court and those acting under the judges direction;

(B) Service providers in the case;

(C) School superintendents and their designees in cases under ORS 419C.005 (Jurisdiction);

(D) Attorneys designated under subsection (1)(b)(L) of this section;

(E) The district attorney or assistant attorney general representing a party in the case;

(F) The juvenile department;

(G) The Department of Human Services;

(H) The Oregon Youth Authority; and

(I) The court appointed special advocate, and a representative of a CASA Volunteer Program as defined in ORS 458.580 (Definitions for CASA Volunteer Program provisions), when reasonably necessary for the appointment or supervision of court appointed special advocates.

(e) A person that obtains copies of material in the supplemental confidential file pursuant to paragraph (d) of this subsection is responsible for preserving the confidentiality of the material in the supplemental confidential file. A service provider, school superintendent or superintendents designee who obtains copies of such material shall destroy the copies upon the conclusion of involvement in the case.

(3) Except as otherwise provided in subsection (5) of this section, no information appearing in the record of the case or in the supplemental confidential file may be disclosed to any person not described in subsection (2) of this section without the consent of the court, except for purposes of evaluating the child, ward, youth or youth offenders eligibility for special education as provided in ORS chapter 343, and no such information may be used in evidence in any proceeding to establish criminal or civil liability against the child, ward, youth or youth offender, whether such proceeding occurs after the child, ward, youth or youth offender has reached 18 years of age or otherwise, except for the following purposes:

(a) In connection with a presentence investigation after guilt has been admitted or established in a criminal court.

(b) In connection with a proceeding in another juvenile court concerning the child, ward, youth or youth offender or an appeal from the juvenile court.

(4)(a) When a person described in subsection (1)(b)(M), (N), (O) or (P) of this section inspects or obtains copies of reports, materials or documents under this subsection or under subsection (1) or (2) of this section, the person may not use or disclose the reports, materials or documents, except:

(A) As provided in this subsection or under subsection (1) or (2) of this section;

(B) In the juvenile court proceeding for which the reports, materials or documents were sought or disclosed;

(C) With the consent of the court; or

(D) As provided in ORS 419A.253 (When information in report, material or document considered by court must be identified in record).

(b) Nothing in this section prohibits the district attorney or assistant attorney general representing a party in a juvenile court proceeding, the juvenile department, the Department of Human Services, the Oregon Youth Authority or other parties in the proceeding or their attorneys from disclosing to each other reports, materials or documents described in subsections (1) and (2) of this section if the disclosure is reasonably necessary to perform official duties related to the involvement of the child, ward, youth or youth offender with the juvenile court or the juvenile department. A person to whom reports, materials or documents are disclosed under this subsection is subject to subsection (3) of this section.

(5)(a) Information contained in the supplemental confidential file that, in the professional judgment of the juvenile counselor, caseworker, school superintendent or superintendents designee, teacher or detention worker to whom the information in the supplemental confidential file has been provided, indicates a clear and immediate danger to another person or to society shall be disclosed to the appropriate authority and the person who is in danger from the child, ward, youth or youth offender.

(b) A person that discloses information under paragraph (a) of this subsection has immunity from any liability, civil or criminal, that might otherwise be incurred or imposed for making the disclosure.

(c) Nothing in this subsection affects the provisions of ORS 146.750 (Injuries to be reported to law enforcement agency), 146.760 (Immunity of participant in making of report), 419B.035 (Confidentiality of records), 419B.040 (Certain privileges not grounds for excluding evidence in court proceedings on child abuse) and 419B.045 (Investigation conducted on public school premises). The disclosure of information under this subsection does not make the information admissible in any court or administrative proceeding if it is not otherwise admissible.

(6) Notwithstanding any other provision of law, and subject to subsection (8) of this section, the following are not confidential and not exempt from disclosure:

(a) The name and date of birth of the youth or youth offender;

(b) The basis for the juvenile courts jurisdiction over the youth or youth offender;

(c) The date, time and place of any juvenile court proceeding in which the youth or youth offender is involved;

(d) The act alleged in the petition that if committed by an adult would constitute a crime if jurisdiction is based on ORS 419C.005 (Jurisdiction);

(e) That portion of the juvenile court order providing for the legal disposition of the youth or youth offender when jurisdiction is based on ORS 419C.005 (Jurisdiction);

(f) The names and addresses of the youth or youth offenders parents or guardians; and

(g) The register described in ORS 7.020 (Register) when jurisdiction is based on ORS 419C.005 (Jurisdiction).

(7) Notwithstanding any other provision of law, and subject to subsection (8) of this section, when a youth has been taken into custody under ORS 419C.080 (Custody), the following information shall be disclosed unless, and only for so long as, there is a clear need to delay disclosure in the course of a specific investigation, including the need to protect the complaining party or the victim:

(a) The youths name and age and whether the youth is employed or in school;

(b) The youth offense for which the youth was taken into custody;

(c) The name and age of the adult complaining party and the adult victim, unless the disclosure of such information is otherwise prohibited or restricted;

(d) The identity of the investigating and arresting agency; and

(e) The time and place that the youth was taken into custody and whether there was resistance, pursuit or a weapon used in taking the youth into custody.

(8) Except as provided in ORS 419A.300 (Reports to school districts concerning young persons on conditional release) and 420.048 (Notice required when youth offender transfers to new school or school district), only the juvenile court and the county juvenile department may disclose the information under subsections (6) and (7) of this section if the information is subject to disclosure, unless otherwise directed by the court.

(9) Nothing in this section limits access to any juvenile court records by an appellate court reviewing a juvenile court order or judgment. Appellate court rules may establish procedures for appellate court access to juvenile records.

(10) A petition filed under ORS 419B.851 (Service of process) alleging that a child who is a foreign national is within the jurisdiction of the court, or a motion requesting an implementation plan other than return of a ward to the wards parent, is subject to disclosure to the consulate for the child or wards country as provided under ORS 419B.851 (Service of process) (3).

(11) Nothing in this section prohibits a guardian appointed under ORS 419B.365 (Permanent guardianship) or 419B.366 (Guardianship) from disclosing or providing copies of letters of guardianship when so required to fulfill the duties of a guardian.

(12) The court shall cooperate in the sharing of information with a court in another state to facilitate an interstate placement of a child or ward.