2017 ORS 3.450¹
Drug court programs
  • fees
  • records

(1) As used in this section:

(a) “Drug court program” means a program in which:

(A) Individuals who are before the court obtain treatment for substance abuse issues and report regularly to the court on the progress of their treatment; and

(B) A local drug court team, consisting of the court, agency personnel and treatment and service providers, monitors the individuals’ participation in treatment.

(b) “Individual-provider relationship” includes a relationship between an individual and a physician, a physician assistant or nurse practitioner.

(2)(a) The governing body of a county or a treatment provider may establish fees that individuals participating in a drug court program may be required to pay for treatment and other services provided as part of the drug court program.

(b) A court may order an individual participating in a drug court program to pay fees to participate in the program. Fees imposed under this subsection may not be paid to the court.

(3) Records that are maintained by the circuit court specifically for the purpose of a drug court program must be maintained separately from other court records. Records maintained by a circuit court specifically for the purpose of a drug court program are confidential and may not be disclosed except in accordance with regulations adopted under 42 U.S.C. 290dd-2, including under the circumstances described in subsections (4) to (7) of this section.

(4) If the individual who is the subject of the record gives written consent, a record described in subsection (3) of this section may be disclosed to members of the local drug court team in order to develop treatment plans, monitor progress in treatment and determine outcomes of participation in the drug court program.

(5) A record described in subsection (3) of this section may not be introduced into evidence in any legal proceeding other than the drug court program unless:

(a) The individual who is the subject of the record gives written consent for introduction of the record; or

(b) The court finds good cause for introduction. In determining whether good cause exists for purposes of this paragraph, the court shall weigh the public interest and the need for disclosure against the potential injury caused by the disclosure to:

(A) The individual who is the subject of the record;

(B) The individual-provider relationship; and

(C) The treatment services being provided to the individual who is the subject of the record.

(6) A court, the State Court Administrator, the Alcohol and Drug Policy Commission or the Oregon Criminal Justice Commission:

(a) May use records described in subsection (3) of this section and other drug court program information to track and develop statistics about the effectiveness, costs and other areas of public interest concerning drug court programs.

(b) May release statistics developed under paragraph (a) of this subsection and analyses based on the statistics to the public.

(7) Statistics and analyses released under subsection (6) of this section may not contain any information that identifies an individual participant in a drug court program. [2003 c.385 §1; 2005 c.706 §25; 2011 c.673 §3; 2014 c.45 §1]

Note: Sections 1 to 4, chapter 672, Oregon Laws 2017, provide:

Sec. 1. Legislative findings. The Legislative Assembly finds that:

(1) Many individuals and families experience life circumstances that necessitate court involvement and visits to local governmental offices, including but not limited to juvenile dependency and delinquency proceedings, domestic relations cases, protective proceedings related to domestic abuse or violence, child protection proceedings, meetings with probation officers and visits to local governmental offices to transact governmental business.

(2) Often individuals and families in such matters are responsible for the care of young children and obtaining child care can distract from, if not present obstacles or barriers to, effective and complete participation in court proceedings or dealing with important governmental matters.

(3) Individuals and families in court-related matters also need and would benefit from the availability of a clearinghouse for information and resource referrals relating to family support services within the local community.

(4) The availability of programs to provide quality child care and serve as a clearinghouse for information and resource referrals in facilities located in or near courthouses and governmental offices would benefit individuals and families with court-related matters and governmental business to transact and would ensure that individuals and families with children are able to participate fully in court and governmental processes in this state. [2017 c.672 §1]

Sec. 2. Pilot programs to provide child care for families involved in court proceedings or governmental business. (1) As used in this section:

(a) “Child care” means care and supervision provided to a child between six weeks and 10 years of age on behalf of a person with responsibility for the child.

(b) “CourtCare program” means a program that provides child care and serves as a clearinghouse for information and resource referrals for individuals and families with court-related matters or governmental business in or near a county courthouse or courthouse complex.

(2) Marion and Polk Counties may establish one or more CourtCare programs as pilot programs to provide quality child care to individuals and families who are:

(a) Participating in or serving as jurors in court proceedings at the local courthouse; or

(b) Transacting business at a local governmental office in or near a county courthouse or courthouse complex.

(3) A CourtCare program established under subsection (2) of this section must also serve as a clearinghouse for information and resource referrals relating to family support services that are available to individuals and families in the local community, including but not limited to housing, emergency services, early learning programs, parent education, public health, relief nurseries, health insurance, behavioral health services, legal assistance, screening and referral services for developmental health and referrals to community organization as appropriate.

(4) A CourtCare program established under subsection (2) of this section must ensure that:

(a) Children receive quality child care and are in a safe and nurturing environment while their caretakers are participating in court proceedings or transacting local governmental business;

(b) Staff at the CourtCare program site are able to provide information and make referrals to appropriate local area resources; and

(c) Court and local governmental business continues without interruption or distraction from children cared for in the CourtCare program.

(5) If Marion or Polk County establishes a CourtCare program under this section, the county shall ensure that:

(a) Volunteers, employees and staff at the CourtCare program are enrolled in the Central Background Registry under ORS 329A.030 (Central Background Registry); and

(b) The CourtCare program is either certified under ORS 329A.280 (When certification required) or registered under ORS 329A.330 (Registration requirements) by the Office of Child Care or is exempt from the requirements for certification or registration under ORS 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450).

(6) If Marion or Polk County establishes a CourtCare program under this section, the county shall enter into an agreement with a nonprofit or nongovernmental entity to implement and administer the CourtCare program. At a minimum, the contract must require that the nonprofit or nongovernmental entity report to the county on an annual basis regarding outcomes and objectives that include, but are not limited to:

(a) The number of individuals and families utilizing the CourtCare program;

(b) The type of services provided to individuals and families that utilized the CourtCare program;

(c) Unmet needs and barriers to the provision of services in the CourtCare program;

(d) The effect of the CourtCare program on courtroom, judicial and local government efficiency; and

(e) The types of information and resource referrals provided by the CourtCare program. [2017 c.672 §2]

Sec. 3. Report on pilot programs. The governing bodies of Marion and Polk Counties shall report on the progress of CourtCare pilot programs implemented under section 2 of this 2017 Act, in the manner provided in ORS 192.245 (Form of report to legislature), to the interim committees of the Legislative Assembly related to child welfare no later than September 15, 2019. [2017 c.672 §3]

Sec. 4. Repeal of pilot programs. Sections 1 to 3 of this 2017 Act are repealed on January 2, 2021. [2017 c.672 §4]

1 Legislative Counsel Committee, CHAPTER 3—Circuit Courts Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors003.­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.