1. (1) This rule describes how the Department may exercise its authority to disclose information it gathers about an applicant or a certified respite provider.
2. (2) The name, address, and other identifying information about a certified respite provider are confidential under ORS. 418.642 and not open to public inspection. Except as provided in these rules, the Department may not disclose identifying information.

3. (3) Unless prohibited by federal or state law, the Department may disclose the name, address, or other identifying information about certified respite provider when:

   1. (a) A certified respite provider requests information about the certified respite provider;
   2. (b) A certified respite provider authorizes disclosure about the certified respite provider;
   3. (c) A court order requires disclosure;
   4. (d) The Department determines disclosure is necessary or advisable to protect the best interest of a child; or

   5. (e) The Department determines disclosure is necessary for the administration of child welfare laws, which may include, but is not limited to, the following circumstances:

      1. (A) Disclosure to employees of the Secretary of State’s Office, the Department of Health and Human Services, and the Department which requires information to complete audits, program reviews or other investigations of child welfare programs administered by the Department;
      2. (B) Disclosure to law enforcement officers and district attorney’s offices that require information for child abuse assessments, criminal investigations, or other civil or criminal proceedings connected with administering the Department’s child welfare programs;
      3. (C) Disclosure to the Office of Administrative Hearings or an Administrative Law Judge as part of an administrative action initiated by the Department;
      4. (D) Disclosure to the juvenile court or a party to a juvenile court case concerning a child to enable the court or the party to protect the best interests of the child;
      5. (E) Disclosure to comply with the requirements of mandatory abuse reporting laws including, but not limited to: ORS 124.060 (elder abuse), 419B.010 (child abuse), 430.765 (adults with mental illness or developmental disabilities), and 441.640 (residents in long-term care facilities);
      6. (F) Disclosure for the purposes of providing support, training, education or other information about the role of a certified respite provider.

4. (4) Unless prohibited by federal or state law, the Department may disclose information about an applicant or certified respite provider when:

   1. (a) Disclosure is required or authorized by federal or state laws, including the Oregon Public Records Law;
   2. (b) An applicant has requested information about the applicant;
   3. (c) An applicant authorizes disclosure of information about the applicant;
   4. (d) A court order requires disclosure;
   5. (e) Disclosure is necessary or advisable to protect the best interests of a child; or
   6. (f) Disclosure is necessary for the administration of child welfare laws, as outlined in subsection (3)(e) of this rule.

Statutory/Other Authority

ORS 409.050, ORS 409.005 & ORS 418.640

Statutes/Other Implemented

ORS 409.050, ORS 409.010, ORS 418.640, ORS 418.015, ORS 418.315, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648

History

CWP 54-2026, adopt filed 04/29/2026, effective 05/01/2026