Chapter 620 Oregon Laws 1999

Session Law

AN ACT

SB 449

Relating to records; creating new provisions; and amending ORS 336.187, 419A.015 and 419A.255.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) No later than 15 days after a person under 18 years of age is charged with a crime under ORS 137.707 or is waived under ORS 419C.349, 419C.352 or 419C.364, the district attorney or city attorney, if the person is waived to municipal court, shall notify the school district in which the person resides of that fact. The district attorney or city attorney shall include in the notice the crime with which the person is charged.

(2) A district attorney, city attorney or anyone employed by or acting on behalf of a district attorney or city attorney who sends records under this section is not liable civilly or criminally for failing to disclose the information under this section.

SECTION 2. (1) When a person under 18 years of age is convicted of a crime under ORS 137.707 or following waiver under ORS 419C.349, 419C.352, 419C.364 or 419C.370 (1)(b), the agency supervising the person shall notify the school district in which the person resides of that fact within five days following sentencing. The agency supervising the person shall include in the notice:

(a) The crime of conviction;

(b) The sentence imposed; and

(c) If the person is released on any type of release, whether school attendance is a condition of the release.

(2) An agency supervising a person or anyone employed by or acting on behalf of an agency supervising a person who sends records under this section is not liable civilly or criminally for failing to disclose the information under this section.

SECTION 3. Section 4 of this 1999 Act is added to and made a part of ORS 420A.005 to 420A.155.

SECTION 4. (1) Prior to a youth offender's release or discharge from a youth correction facility, the Oregon Youth Authority shall notify the following of the release or discharge:

(a) Law enforcement agencies in the community in which the youth offender is going to reside; and

(b) The school district in which the youth offender is going to reside.

(2) The youth authority shall include in the notification:

(a) The youth offender's name and date of release or discharge;

(b) The type of placement to which the youth offender is released; and

(c) Whether school attendance is a condition of release.

(3) The youth authority, a law enforcement agency or anyone employed by or acting on behalf of the youth authority or law enforcement agency who sends records under this section is not liable civilly or criminally for failing to disclose the information under this section.

(4) No later than seven days after a youth offender's release or discharge from a youth correction facility, the Department of Education or its contractor shall provide the youth offender's education records to the school district in which the youth offender enrolls.

SECTION 5. (1) No later than 15 days prior to the release or discharge of a person committed to the legal custody of the Department of Corrections or the supervisory authority of a county under ORS 137.707 or following waiver under ORS 419C.349, 419C.352, 419C.364 or 419C.370, the department or supervisory authority, as appropriate, shall notify the following of the release or discharge if the person is under 21 years of age at the time of the release:

(a) Law enforcement agencies in the community in which the person is going to reside; and

(b) The school district in which the person is going to reside.

(2) The department or supervisory authority shall include in the notification:

(a) The person's name and date of release or discharge;

(b) The type of supervision under which the person is released; and

(c) Whether school attendance is a condition of release.

(3) The department, supervisory authority or anyone employed by or acting on behalf of the department or supervisory authority who sends records under this section is not liable civilly or criminally for failing to disclose the information under this section.

SECTION 6. (1) When a school district receives notice under section 1, 2, 4 or 5 of this 1999 Act, the school district may disclose the information only to those school employees the district determines need the information in order to safeguard the safety and security of the school, students and staff. A person to whom personally identifiable information is disclosed under this subsection may not disclose the information to another person except to carry out the provisions of this subsection.

(2) A school district or anyone employed by or acting on behalf of a school district who receives notice under section 1, 2, 4 or 5 of this 1999 Act is not liable civilly or criminally for failing to disclose the information.

SECTION 7. ORS 336.187 is amended to read:

336.187. (1) A public school or school district shall disclose personally identifiable information or other information allowed to be disclosed by the federal Family Educational Rights and Privacy Act from an education record of a student to:

(a) Law enforcement, child protective services and health care professionals in connection with a health or safety emergency if knowledge of the information is necessary to protect the health and safety of the student or other individuals; and

(b) Courts and state and local juvenile justice agencies including, but not limited to, law enforcement agencies, juvenile departments and child protective service agencies. Disclosure under this paragraph must relate to the court's or juvenile justice agency's ability to serve the needs of a student prior to the student's adjudication under ORS chapter 419C. A person to whom personally identifiable information is disclosed under this paragraph shall certify, in writing, that the person will not disclose the information to a third party other than another court or juvenile justice agency or a person or organization providing direct services to the student on behalf of a juvenile justice agency.

(2) As used in this section, a "health or safety emergency" includes, but is not limited to, law enforcement efforts to locate a child who may be a victim of kidnap, abduction or custodial interference and law enforcement or child protective services efforts to respond to a report of child abuse or neglect pursuant to ORS 419B.005 to 419B.050.

(3) A person who receives information under this section is not liable civilly or criminally for failing to disclose the information.

SECTION 8. ORS 419A.255 is amended to read:

419A.255. (1) The clerk of the court shall keep a record of each case, including therein the summons and other process, the petition and all other papers in the nature of pleadings, motions, orders of the court and other papers filed with the court, but excluding reports and other material relating to the child's or youth's history and prognosis. The record of the case shall be withheld from public inspection but shall be open to inspection by the child or youth, parent, guardian, court appointed special advocate, surrogate or a person allowed to intervene in a proceeding involving the child or youth under ORS 109.119 (1), and their attorneys. The attorneys are entitled to copies of the record of the case.

(2) Reports and other material relating to the child's or youth's history and prognosis are privileged and, except at the request of the child or youth, shall not be disclosed directly or indirectly to anyone other than the judge of the juvenile court, those acting under the judge's direction, service providers in the case and to the attorneys of record for the child or youth or the child's or youth's parent, guardian, court appointed special advocate, surrogate or person allowed to intervene in a proceeding involving the child or youth under ORS 109.119 (1). Reports and other material relating to a youth offender's history and prognosis in cases under ORS 419C.005 may be disclosed to [law enforcement agencies] the superintendent of the school district in which the youth offender resides. The service providers in the case, [law enforcement agencies] school superintendents and attorneys are entitled to examine and obtain copies of any reports or other material relating to the child's or youth's history and prognosis. Any service provider in the case, [law enforcement agency] school superintendent or attorney who examines or obtains copies of such reports or materials is responsible for preserving their confidentiality and shall return the copies to the court upon the conclusion of the service provider's, [law enforcement agency's] superintendent's or attorney's involvement in the case.

(3) Except as otherwise provided in subsection (7) of this section, no information appearing in the record of the case or in reports or other material relating to the child's or youth's history or prognosis may be disclosed to any person not described in subsection (2) of this section without the consent of the court, except for purposes of evaluating the child's or youth's eligibility for special education as provided in ORS chapter 343, and no such information may be used in evidence in any proceeding to establish criminal or civil liability against the child or youth, whether such proceeding occurs after the child or youth has reached 18 years of age or otherwise, except for the following purposes:

(a) In connection with a presentence investigation after the guilt of the youth has been admitted or established in a criminal court.

(b) In connection with a proceeding in another juvenile court concerning the child or youth or an appeal from the juvenile court.

(4) If the court finds that the child or youth or parent is without financial means to purchase all or a necessary part of the transcript of the evidence or proceedings, the court shall order upon motion the transcript or part thereof to be furnished. The transcript or part thereof furnished under this subsection shall be paid for in the same manner as furnished transcripts are paid for in criminal cases.

(5) Notwithstanding any other provision of law, the following are not confidential and not exempt from disclosure:

(a) The name and date of birth of the child or youth;

(b) The basis for the juvenile court's jurisdiction over the child or youth;

(d) The act alleged in the petition that if committed by an adult would constitute a crime if jurisdiction is based on ORS 419C.005;

(e) That portion of the juvenile court order providing for the legal disposition of the child or youth where jurisdiction is based on ORS 419B.100 (1)(g) or 419C.005;

(f) The names and addresses of the youth's parents or guardians; and

(g) The register described in ORS 7.020.

(6) Notwithstanding any other provision of law, when a youth has been taken into custody under ORS 419C.080, the following information shall be disclosed unless, and only for so long as, there is a clear need to delay disclosure in the course of a specific investigation, including the need to protect the complaining party or the victim:

(a) The youth's name and age and whether the youth is employed or in school;

(b) The youth offense for which the youth was taken into custody;

(c) The name and age of the adult complaining party and the adult victim, unless the disclosure of such information is otherwise prohibited or restricted;

(d) The identity of the investigating and arresting agency; and

(e) The time and place that the youth was taken into custody and whether there was resistance, pursuit or a weapon used in taking the youth into custody.

(7)(a) Information contained in reports and other materials relating to a child's or youth's history and prognosis that, in the professional judgment of the juvenile counselor, caseworker, school superintendent, teacher or detention worker to whom the information for the reports or 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 who is in danger from the child or youth.

(b) An agency or a person who discloses information under paragraph (a) of this subsection shall have 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. 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.

(8) A county juvenile department is the agency responsible for disclosing youth offender records and records relating to nonadjudicated youths if the records are subject to disclosure.

SECTION 9. ORS 419A.015 is amended to read:

419A.015. (1) Once each month, a county juvenile department shall provide to each school district in the county a list of all youth offenders enrolled in a school in the school district who are on probation by order of the juvenile court in the county. The department shall include in the list the name and business telephone number of the juvenile counselor or probation officer assigned to each case.

(2) Upon request by the school district, the juvenile department shall provide additional information, including the offense that brought the youth offender within the jurisdiction of the juvenile court and such other information that is subject to disclosure under ORS 419A.255 (5).

(3) In addition to the general notification required by subsection (1) of this section, the juvenile department:

(a) Shall notify the school district of the specific offense if the act bringing the youth offender within the jurisdiction of the juvenile court involved a firearm or delivery of a controlled substance.

(b) May notify the school district of the specific offense if the act bringing the youth offender within the jurisdiction of the juvenile court involved a violation of ORS 163.355 to 163.445 or 163.465 or any other offense if the juvenile department believes the youth offender represents a risk to other students or school staff.

(4) When a school district receives notice under this section, the school district may disclose the information only to those school employees the district determines need the information in order to safeguard the safety and security of the school, students and staff. A person to whom personally identifiable information is disclosed under this subsection may not disclose the information to another person except to carry out the provisions of this subsection.

(5) A juvenile department, school district or anyone employed or acting on behalf of a juvenile department or school district who sends or receives records under this section is not liable civilly or criminally for failing to disclose the information under this section.

Approved by the Governor July 12, 1999

Filed in the office of Secretary of State July 12, 1999

Effective date October 23, 1999

__________