ORS 418.795¹
Confidentiality of information and records

(1) All information and records acquired by a county child abuse multidisciplinary team established under ORS 418.747 (County teams for investigation) or a child fatality review team established under ORS 418.785 (Child fatality review teams) in the exercise of its duties are confidential and may be disclosed only when necessary to carry out the purposes of the child abuse investigation or the child fatality review process.

(2) A member agency of a county child abuse multidisciplinary team or a member of the team may use or disclose protected health information without obtaining an authorization from an individual or a personal representative of the individual if use or disclosure is necessary for public health purposes, including the prevention, investigation and treatment of child abuse.

(3) A child fatality review team shall have access to and subpoena power to obtain all medical records, hospital records and records maintained by any state, county or local agency, including, but not limited to, police investigative data, coroner or medical examiner investigative data and social services records, as necessary to complete a child abuse investigation or a review of a specific fatality under ORS 418.785 (Child fatality review teams).

(4) As used in this section, “personal representative” and “protected health information” have the meanings given those terms in ORS 192.556 (Definitions for ORS 192.553 to 192.581). [2005 c.562 §19; 2019 c.141 §22]

Note: See note under 418.746 (Child Abuse Multidisciplinary Intervention Account).

Chapter 418

Notes of Decisions

Where plaintiffs brought ac­tion under 42 U.S.C. 1983 alleging viola­tion of federal civil rights after defendant Children’s Services Division employees removed plaintiffs’ child from home following reports of abuse, CSD workers entitled to absolute immunity in investiga­tion, taking child into custody and keeping plaintiffs from visiting child. Tennyson v. Children’s Services Division, 308 Or 80, 775 P2d 1365 (1989)

1 Legislative Counsel Committee, CHAPTER 418—Child Welfare Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors418.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 418, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano418.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information