ORS 419A.257
Reports and materials privileged

  • permissible disclosures
  • use of materials in evidence

(1)

Reports and other materials relating to a child, ward, youth or adjudicated youth’s history and prognosis that are created or maintained by or on behalf of the Oregon Youth Authority or the juvenile department are privileged and, except with the consent of the child, ward, youth or adjudicated youth or with the authorization of the court, shall be withheld from public inspection.

(2)

The Oregon Youth Authority and the juvenile department may disclose and provide copies of reports and other materials relating to the child, ward, youth or adjudicated youth’s history and prognosis, if the disclosure is reasonably necessary to perform official duties relating to the involvement of the child, ward, youth or adjudicated youth with the juvenile court or the juvenile department, to the following:

(a)

Each other;

(b)

The court;

(c)

Service providers in the case;

(d)

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

(e)

Attorneys of record for the child, ward, youth or adjudicated youth;

(f)

Attorneys representing a party in the case;

(g)

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

(h)

The Department of Human Services;

(i)

The court appointed special advocate; and

(j)

The Psychiatric Security Review Board.

(3)

Intentionally left blank —Ed.

(a)

The Oregon Youth Authority and county juvenile departments established under ORS 419A.010 (Appointment of counselors and director) to 419A.020 (County responsibility for expenses of juvenile department) may disclose and provide copies of reports and other materials relating to the child, ward, youth or adjudicated youth’s history and prognosis to the Department of Corrections for the purpose of enabling the Department of Corrections to perform its official duties relating to the exercise of custody or supervision of a person committed to the legal and physical custody of the Department of Corrections.

(b)

The Department of Corrections shall limit the use of reports and other materials disclosed and provided to the department under this section to reports and other materials that relate to the history and prognosis of a youth or adjudicated youth as these pertain to:

(A)

A person who was transferred to the physical custody of the authority under ORS 137.124 (Commitment of defendant to Department of Corrections or county) and is subsequently transferred to the physical custody of the Department of Corrections under ORS 137.124 (Commitment of defendant to Department of Corrections or county) or 420.011 (Admissions to youth correction facilities) or any other statute; or

(B)

A person committed to the legal and physical custody of the Department of Corrections while the person is under the jurisdiction of the juvenile court under ORS 419C.005 (Jurisdiction), including but not limited to a person in the legal custody of the authority.

(4)

A person that obtains copies of reports or other materials under this section is responsible for preserving the confidentiality of the reports or other materials. A service provider, school superintendent or superintendent’s designee who obtains copies of reports or other materials under this section shall destroy the copies upon the conclusion of involvement in the case.

(5)

Intentionally left blank —Ed.

(a)

Information appearing in reports or other materials relating to the child, ward, youth or adjudicated youth’s history or prognosis may not be disclosed directly or indirectly to any person not described in subsection (2) of this section unless the consent of the child, ward, youth or adjudicated youth or the authorization of the court has been obtained, except for purposes of evaluating the child, ward, youth or adjudicated youth’s eligibility for special education as provided in ORS chapter 343.

(b)

Information appearing in reports or other materials may not be used in evidence in any proceeding to establish criminal or civil liability against the child, ward, youth or adjudicated youth, whether the proceeding occurs after the child, ward, youth or adjudicated youth 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 adjudicated youth or an appeal from an order or judgment of the juvenile court.

(6)

Intentionally left blank —Ed.

(a)

Information contained in reports and other materials relating to a child, ward, youth or adjudicated youth’s history and prognosis that, in the professional judgment of the Oregon Youth Authority, juvenile department, juvenile counselor, caseworker, school superintendent or superintendent’s designee, teacher or detention worker to whom the information contained in the reports and other materials 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 or entity that is in danger from the child, ward, youth or adjudicated youth.

(b)

An agency or 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 school premises).

(7)

The disclosure of information under this section does not make the information admissible in any court or administrative proceeding if it is not otherwise admissible. [2005 c.451 §4; 2013 c.417 §5; 2015 c.509 §§1,2; 2019 c.48 §1; 2021 c.489 §54]

Source: Section 419A.257 — Reports and materials privileged; permissible disclosures; use of materials in evidence, https://www.­oregonlegislature.­gov/bills_laws/ors/ors419A.­html.

419A.004
Definitions
419A.010
Appointment of counselors and director
419A.012
Duties of director or counselor
419A.014
Reports by juvenile department
419A.015
Reports to school administrators concerning adjudicated youths on probation
419A.016
Powers of director or counselor
419A.018
Juvenile department is county agency
419A.020
County responsibility for expenses of juvenile department
419A.022
Responsibility of counties over 400,000 population
419A.045
Policy and purpose
419A.046
Definition for ORS 419A.046 and 419A.048
419A.048
Court to comply with fiscal reporting procedures
419A.050
Authority to acquire, equip and maintain detention and shelter facilities
419A.052
Specifications of facilities
419A.055
Examination of facilities
419A.057
Payment of maintenance expenses
419A.059
Designation of detention and shelter facilities
419A.061
Inspection of detention facilities
419A.063
Requirements for detention facilities
419A.090
Local citizen review boards
419A.092
Membership
419A.094
Additional boards
419A.096
Duties of Judicial Department in administering boards
419A.098
Rules
419A.100
Confidentiality of information
419A.102
Access to confidential information by boards
419A.104
Report on children and wards in substitute care
419A.106
Review of cases generally
419A.107
Review of cases of adjudicated youths
419A.108
Procedure for conflicts of interest
419A.109
Review of cases of wards for whom guardian has been appointed
419A.110
Immunity of participants in case review
419A.112
Disclosure of information to participants in case review
419A.114
When presence of agency personnel at board hearings required
419A.116
Findings and recommendations
419A.118
Records
419A.120
Court use of findings and recommendations
419A.122
Use of findings and recommendations by Department of Human Services
419A.124
Policy and procedure recommendations
419A.128
State Citizen Review Board Operating Account
419A.150
Appointment
419A.180
Power of court to enforce orders by contempt order
419A.190
Effect of adjudicatory hearing or admission
419A.200
Who may appeal
419A.205
Judgments described
419A.208
Orders subject to appeal by state
419A.209
Joint motion to vacate judgment or order
419A.211
Appointment of counsel
419A.240
Use of restraints during juvenile court proceedings
419A.245
Use of restraints during transport
419A.250
Authority
419A.252
Definitions for ORS 419A.252, 419A.253, 419A.255 and 419A.256
419A.253
When information in report, material or document considered by court must be identified in record
419A.255
Maintenance
419A.256
When transcript of proceeding is part of record of case
419A.257
Reports and materials privileged
419A.258
Motion to inspect or copy records
419A.260
Expunction
419A.262
Expunction proceeding
419A.265
Eligibility for order of expunction for certain adjudications involving marijuana
419A.267
Notice of expunction
419A.269
Effect of expunction
419A.271
Appointment of counsel
419A.300
Reports to school districts concerning young persons on conditional release
419A.305
Notice to school administrators concerning students subject to juvenile court petitions
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