2017 ORS 419A.258¹
Motion to inspect or copy records

(1) Any person or entity not included in ORS 419A.255 (Maintenance) as a person or entity entitled to inspection or copying of the record of the case or the supplemental confidential file may file a motion with the court to inspect or copy the record of the case or the supplemental confidential file. The person or entity filing the motion shall file a sworn affidavit or declaration under penalty of perjury that states all of the following:

(a) The reasons why the inspection or copying is sought;

(b) The relevancy, if any, of the inspection or copying to the juvenile court proceeding; and

(c) How the inspection or copying will serve to balance the interests listed in subsection (6) of this section.

(2)(a) No later than 14 days before the court considers the motion, the person or entity filing the motion shall serve all parties and attorneys of record to the juvenile court proceeding with a copy of the motion and affidavit or declaration. Except as provided in paragraph (b) of this subsection and regardless of whether the juvenile court proceeding was commenced under ORS chapter 419B or 419C, service under this subsection must be consistent with the provisions of ORS 419B.851 (Service of process) and 419B.854 (Computing statutory time periods). The person or entity filing the motion shall also provide all parties and attorneys of record with written notice that the party has until 14 days after the date of service to file a response or objection to the motion or such other time as specified by the court under paragraph (c) of this subsection.

(b) If the affidavit or declaration of the person or entity filing the motion states that the person or entity does not know the identity or address of a party or attorney of record, the court shall mail notice of the time to respond or object to the party or attorney of record at the party’s or attorney of record’s last known address and shall note in the register the date the notice was mailed. The notice must be mailed at least 14 days before the court considers the motion or such other time as specified by the court under paragraph (c) of this subsection.

(c) On its own motion or upon application of the person or entity filing the motion, and for good cause shown, the court may reduce or extend the time for service of the motion and affidavit or declaration.

(3) The court may summarily deny the motion if the requirements of subsections (1) and (2) of this section have not been met.

(4) The court may set a hearing to consider the motion and shall send notice of the time and place of the hearing to all parties.

(5) Upon determination by the court that the person or entity filing the motion has met the requirements of subsections (1) and (2) of this section, the court shall conduct an in camera review, taking into consideration any response or objections made by a party.

(6) Following the in camera review under subsection (5) of this section, in making the determination of whether to allow inspection or copying of the record of the case or the supplemental confidential file, in whole or in part, the court shall weigh the following interests:

(a) The privacy interests and particular vulnerabilities of the child, ward, youth or youth offender, or of family members, that may be affected by the inspection or copying of all or part of the record of the case or the supplemental confidential file;

(b) The interests of the other parties to, or victims in, the juvenile court proceeding;

(c) The interests of the person or entity filing the motion; and

(d) The interests of the public.

(7) In granting a motion made under this section, the court:

(a) Shall allow inspection or copying only as necessary to serve the legitimate need of the person or entity filing the motion, as determined by the court;

(b) May limit inspection or copying to particular parts of the record of the case or the supplemental confidential file;

(c) May specify the timing and procedure for allowing inspection or copying; and

(d) Shall make protective orders governing use of the materials that are inspected or copied. [2016 c.95 §9]

Note: Section 11 (1), chapter 95, Oregon Laws 2016, provides:

Sec. 11. (1) Section 9 of this 2016 Act [419A.258 (Motion to inspect or copy records)] and the amendments to ORS 419A.255 (Maintenance) by section 7 of this 2016 Act apply to juvenile court proceedings pending or commenced before, on or after September 30, 2016. [2016 c.95 §11(1)]

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.