Chapter 512 Oregon Laws 2009
AN ACT
HB 2137
Relating to protective proceedings; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 2009 Act is added to and made a part of ORS chapter 125.
SECTION 2. (1) The Department of Human Services, for the purpose of providing protective services as that term is defined in ORS 410.040, may petition for a protective order under this chapter. When the department, or a petitioning attorney with whom the department has contracted, petitions for a protective order under this section, the department shall disclose to the court or to the petitioning attorney only a minimum amount of information about the person who is the subject of the petition, including protected health, mental health, financial, substantiated abuse and legal information, as is reasonably necessary to prevent or lessen a serious and imminent threat to the health or safety of the person who is the subject of the petition or protective order.
(2) When a petition for a protective order is filed under this chapter by a person other than the Department of Human Services or an attorney with whom the department has contracted, or when a protective order has already been entered, the department may disclose to a court protected health, mental health, financial, substantiated abuse and legal information about the person who is the subject of the petition or protective order, or about a person who has petitioned for appointment, or who has been appointed, as a fiduciary for a protected person under this chapter. The department may disclose such information without authorization from the person or fiduciary if the disclosure is made in good faith and with the belief that the disclosure is the minimum amount of information about the person or fiduciary as is reasonably necessary to prevent or lessen a serious and imminent threat to the health or safety of the person who is the subject of the petition or protective order.
(3)(a) All confidential and protected health, mental health, financial, substantiated abuse and legal information disclosed under this section must remain confidential and, when disclosed to the court, must be sealed by the court.
(b) Information disclosed under this section must be identified and marked by the entity or person making the disclosure as confidential and protected information that is subject to the requirements of paragraph (a) of this subsection.
(c) Information disclosed under this section that is subject to the requirements of paragraph (a) of this subsection is subject to inspection only by the parties to the proceedings and their attorneys, and is not subject to inspection by members of the public except pursuant to a court order entered after a showing of good cause.
(d) Notwithstanding ORS 125.155 (4), to the extent that the report of a visitor appointed by the court under ORS 125.150 contains information that is subject to the requirements of paragraph (a) of this subsection, the report in its entirety shall be considered subject to the requirements of paragraph (a) of this subsection and may be disclosed only as provided in paragraph (c) of this subsection.
(4) As used in this section, “protected health information” has the meaning given that term in ORS 192.519.
(5) Nothing in this section is intended to limit the application of ORS 125.050 to the use of information disclosed under this section in proceedings under this chapter.
(6) Information may be disclosed under this section only for the purpose of providing protective services as that term is defined in ORS 410.040.
SECTION 3. Section 2 of this 2009 Act applies to activities occurring on or after the effective date of this 2009 Act.
SECTION 4. This 2009 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2009 Act takes effect on its passage.
Approved by the Governor June 24, 2009
Filed in the office of Secretary of State June 24, 2009
Effective date June 24, 2009
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