2017 ORS 419A.257¹
Reports and materials privileged
  • permissible disclosures
  • use of materials in evidence

(1) Reports and other materials relating to a child, ward, youth or youth offender’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 youth offender 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 youth offender’s history and prognosis, if the disclosure is reasonably necessary to perform official duties relating to the involvement of the child, ward, youth or youth offender 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 youth offender;

(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)(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 youth offender’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 youth offender 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)(a) Information appearing in reports or other materials relating to the child, ward, youth or youth offender’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 youth offender or the authorization of the court has been obtained, except for purposes of evaluating the child, ward, youth or youth offender’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 youth offender, whether the proceeding occurs after the child, ward, youth or youth offender 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 youth offender or an appeal from an order or judgment of the juvenile court.

(6)(a) Information contained in reports and other materials relating to a child, ward, youth or youth offender’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 youth offender.

(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]

Note: The amendments to 419A.257 (Reports and materials privileged) by section 2, chapter 509, Oregon Laws 2015, become operative January 1, 2020. See section 3, chapter 509, Oregon Laws 2015, as amended by section 1, chapter 39, Oregon Laws 2017. The text that is operative on and after January 1, 2020, is set forth for the user’s convenience.

419A.257 (Reports and materials privileged). (1) Reports and other materials relating to a child, ward, youth or youth offender’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 youth offender 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 youth offender’s history and prognosis, if the disclosure is reasonably necessary to perform official duties relating to the involvement of the child, ward, youth or youth offender 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 youth offender;

(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) 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.

(4)(a) Information appearing in reports or other materials relating to the child, ward, youth or youth offender’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 youth offender or the authorization of the court has been obtained, except for purposes of evaluating the child, ward, youth or youth offender’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 youth offender, whether the proceeding occurs after the child, ward, youth or youth offender 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 youth offender or an appeal from an order or judgment of the juvenile court.

(5)(a) Information contained in reports and other materials relating to a child, ward, youth or youth offender’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 youth offender.

(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).

(6) 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.

1 Legislative Counsel Committee, CHAPTER 419A—Juvenile Code: General Provisions and Definitions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors419A.­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.