2017 ORS 125.085¹
Motions after appointment of a fiduciary
  • disclosure of protected information

(1) The court may remove a fiduciary on the motion of any person who is entitled to file an objection to a petition under the provisions of ORS 125.075 (Presentation of objections), on a motion of the Long Term Care Ombudsman or upon the court’s own motion.

(2) On motion of the fiduciary, the court may accept the resignation of the fiduciary and make any other order that may be appropriate, including appointment of a successor fiduciary.

(3) Upon motion by any person who is entitled to file an objection to a petition under the provisions of ORS 125.075 (Presentation of objections), on a motion of the Long Term Care Ombudsman or upon the court’s own motion, the court may order a modification of the powers or authority of the fiduciary or termination of the protective proceedings.

(4)(a) When the Long Term Care Ombudsman files a motion under this section, the ombudsman shall disclose to the court only:

(A) Such information as is allowed under ORS 441.407 (Procedures to maintain confidentiality); and

(B) The minimum amount of protected information about the resident who is the subject of the motion that the ombudsman believes in good faith is reasonably necessary to prevent or lessen a serious and imminent threat to the health or safety of a resident of a long term care facility, residential facility or adult foster home.

(b) Any protected information disclosed by the ombudsman under this subsection shall remain confidential and must be identified and marked by the ombudsman as confidential and protected information that is subject to the requirements of this subsection.

(c) Protected information disclosed under this subsection is subject to inspection only by the parties to the proceeding and their attorneys as provided in paragraph (d) of this subsection. Protected information disclosed under this subsection is not subject to inspection by members of the public except pursuant to a court order entered after a showing of good cause.

(d) The court may enter an order allowing inspection of protected information subject to disclosure under this subsection upon the filing of a written request for inspection and the payment of any fees or costs charged to copy the protected information.

(e) Notwithstanding ORS 125.155 (Visitor’s report) (4), to the extent that the report of a visitor appointed by the court under ORS 125.150 (Appointment of visitors) contains protected information that is subject to the requirements of this subsection, the report in its entirety shall be considered subject to the requirements of this subsection and may be disclosed only as provided in paragraphs (c) and (d) of this subsection. [1995 c.664 §13; 2017 c.633 §1]

1 Legislative Counsel Committee, CHAPTER 125—Protective Proceedings, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors125.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.