Access to confidential information by boards
- • procedure
(1) Notwithstanding the provisions of ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.275 (Rule 510. Identity of informer), 412.074 (Use and custody of records of temporary assistance for needy families program), 419B.035 (Confidentiality of records), 419B.045 (Investigation conducted on school premises), 419B.440 (Circumstances requiring reports), 419B.443 (Time and content of reports), 419B.446 (Filing report), 419B.449 (Review hearing by court), 419B.452 (Distribution of report by court) and 419B.460 (Agencys responsibility), each local citizen review board shall have access to:
(a) Any records of the court which are pertinent to the case; and
(b) Any records of the Department of Human Services that would be admissible in a permanency hearing conducted under ORS 419B.470 (Permanency hearing), 419B.473 (Notice) and 419B.476 (Conduct of hearing), including school records and reports of private service providers contained in the records of the department or other agency.
(2) All requested records not already before the local citizen review board shall be submitted by the department within five working days after receipt of the request. The following provisions apply:
(a) Copies may be sent in lieu of originals.
(b) Except as otherwise provided in this paragraph, the local citizen review boards and the staff provided for the boards must return all records and copies received from the department to the department within seven working days after completion of the review. The staff of a local citizen review board may retain a reference copy of case materials used by the local citizen review board to make its recommendation if the following apply:
(A) The material is necessary for the ongoing work of the board with regard to the particular case or to work of the board; and
(B) The confidentiality of the material is continued and protected in the same manner as other materials received from the department. Materials thus retained by the local boards are exempt from disclosure under the public records law.
(3) If a local citizen review board is denied access to requested records, it may request a court hearing. The court may require the organization in possession of the records to show cause why the records should not be made available as provided by this section. [1993 c.33 §28; 1993 c.546 §91; 1999 c.859 §17]
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