2021 Oregon Revised Statutes
Chapter 419A - Juvenile Code: General Provisions and Definitions
Section 419A.257 - Reports and materials privileged; permissible disclosures; use of materials in evidence.


(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;
(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)(a) The Oregon Youth Authority and county juvenile departments established under ORS 419A.010 to 419A.020 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 and is subsequently transferred to the physical custody of the Department of Corrections under ORS 137.124 or 420.011 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, 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 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)(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, 146.760, 419B.035, 419B.040 and 419B.045.
(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]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 11 - Juvenile Code, Human Services

Chapter 419A - Juvenile Code: General Provisions and Definitions

Section 419A.004 - Definitions.

Section 419A.010 - Appointment of counselors and director; juvenile director oversight committee.

Section 419A.012 - Duties of director or counselor.

Section 419A.014 - Reports by juvenile department.

Section 419A.015 - Reports to school administrators concerning adjudicated youths on probation.

Section 419A.020 - County responsibility for expenses of juvenile department.

Section 419A.050 - Authority to acquire, equip and maintain detention and shelter facilities.

Section 419A.052 - Specifications of facilities.

Section 419A.055 - Examination of facilities; capacity limits; standards for release; notice.

Section 419A.057 - Payment of maintenance expenses; admission of adjudicated youths.

Section 419A.059 - Designation of detention and shelter facilities.

Section 419A.063 - Requirements for detention facilities.

Section 419A.092 - Membership; training.

Section 419A.096 - Duties of Judicial Department in administering boards.

Section 419A.098 - Rules.

Section 419A.100 - Confidentiality of information; penalty.

Section 419A.102 - Access to confidential information by boards; procedure.

Section 419A.106 - Review of cases generally.

Section 419A.107 - Review of cases of adjudicated youths.

Section 419A.108 - Procedure for conflicts of interest.

Section 419A.109 - Review of cases of wards for whom guardian has been appointed; rules.

Section 419A.110 - Immunity of participants in case review.

Section 419A.112 - Disclosure of information to participants in case review; confidentiality.

Section 419A.114 - When presence of agency personnel at board hearings required.

Section 419A.116 - Findings and recommendations; judicial review.

Section 419A.118 - Records; disclosure of findings and recommendations.

Section 419A.120 - Court use of findings and recommendations.

Section 419A.122 - Use of findings and recommendations by Department of Human Services.

Section 419A.128 - State Citizen Review Board Operating Account.

Section 419A.150 - Appointment; qualifications; hearings; orders; rehearings.

Section 419A.200 - Who may appeal; time limitations; procedure; effect of filing appeal; record on appeal; disclosure.

Section 419A.205 - Judgments described; jurisdiction of juvenile court during pendency of appeal; disposition.

Section 419A.208 - Orders subject to appeal by state; effect of appeal of preadjudicatory order.

Section 419A.209 - Joint motion to vacate judgment or order; appeal after reconsideration.

Section 419A.211 - Appointment of counsel.

Section 419A.240 - Use of restraints during juvenile court proceedings.

Section 419A.245 - Use of restraints during transport.

Section 419A.250 - Authority; segregation of records; access; when records may be kept with those of adults; destruction of records; missing children.

Section 419A.252 - Definitions for ORS 419A.252, 419A.253, 419A.255 and 419A.256.

Section 419A.253 - When information in report, material or document considered by court must be identified in record.

Section 419A.255 - Maintenance; disclosure; exceptions to confidentiality.

Section 419A.256 - When transcript of proceeding is part of record of case; access to transcript; disclosure.

Section 419A.257 - Reports and materials privileged; permissible disclosures; use of materials in evidence.

Section 419A.258 - Motion to inspect or copy records.

Section 419A.260 - Expunction; definitions.

Section 419A.262 - Expunction proceeding; notice to victim.

Section 419A.265 - Eligibility for order of expunction for certain adjudications involving marijuana.

Section 419A.267 - Notice of expunction; forms.

Section 419A.269 - Effect of expunction; confidentiality violations; penalties.

Section 419A.271 - Appointment of counsel.

Section 419A.300 - Reports to school districts concerning young persons on conditional release.

Section 419A.305 - Notice to school administrators concerning students subject to juvenile court petitions.