75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
 
                            Enrolled
 
                         House Bill 2137
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Human Services)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
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
 
 
 
Enrolled House Bill 2137 (HB 2137-B)                       Page 1
 
 
 
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. + }
                         ----------
 
 
Passed by House April 30, 2009
 
Repassed by House May 28, 2009
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 26, 2009
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2137 (HB 2137-B)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2009
 
Approved:
 
......M.,............., 2009
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2009
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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