77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

HA to A-Eng. SB 622

LC 3065/SB 622-A12

                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 622

                    By COMMITTEE ON JUDICIARY

                             May 22

  On page 3 of the printed A-engrossed bill, line 3, delete 'a
record of each case'.
  In line 6, delete 'and'.
  In line 7, after 'case' insert 'and a record of each case
except as otherwise provided in ORS 7.120'.
  In line 27, after the semicolon insert 'and'.
  In line 28, delete '; and' and insert a period.
  Delete line 29.
  In line 34, after the semicolon insert 'and'.
  In line 35, delete '; and' and insert a period.
  Delete line 36.
  On page 4, line 23, after the semicolon insert 'and'.
  In line 24, delete '; and' and insert a period.
  Delete line 25.
  In line 40, after the semicolon insert 'and'.
  In line 42, delete '; and' and insert a period.
  Delete line 43.
  On page 14, after line 25, insert:
  '  { +  SECTION 11. + } ORS 419A.255, as amended by section 3
of this 2013 Act, is amended to read:
  ' 419A.255. (1)(a) The clerk of the court shall keep a
supplemental confidential file for each case and a record of each
case except as otherwise provided in ORS 7.120.
  ' (b) The record of the case shall be withheld from public
inspection but is open to inspection by the following:
  ' (A) The judge of the juvenile court and those acting under
the judge's direction;
  ' (B) The child;
  ' (C) The ward;
  ' (D) The youth;
  ' (E) The youth offender;
  ' (F) The parent or guardian of the child, ward, youth or youth
offender;
  ' (G) The guardian ad litem for the parent;
  ' (H) The surrogate;
  ' (I) A person allowed to intervene in a proceeding involving
the child, ward, youth or youth offender;
  ' (J) Service providers in the case;
  ' (K) The court appointed special advocate and a representative
of a CASA Volunteer Program as defined in section 3, chapter 97,
Oregon Laws 2012;
  ' (L) The attorneys or prospective appellate attorneys for any
of the persons listed in subparagraphs (B) to (K) of this
paragraph;
  ' (M) The district attorney or assistant attorney general
representing a party in the case;
  ' (N) The juvenile department;
  ' (O) The Department of Human Services;   { - and - }
  ' (P) The Oregon Youth Authority { + ; and
  ' (Q) Any other person allowed by the court + }.
  ' (c) The following are entitled to copies of the record of the
case:
  ' (A) The judge of the juvenile court and those acting under
the judge's direction;
  ' (B) A party to the extent permitted under ORS 419B.875 (2) or
419C.285 (2);
  ' (C) A guardian ad litem for a parent to the same extent the
parent is permitted to copies under ORS 419B.875 (2) or 419C.285
(2);   { - and - }
  ' (D) Persons listed in paragraph (b)(J) to (P) of this
subsection { + ; and
  ' (E) Any other person allowed by the court + }.
  ' (2)(a) Reports and other material relating to the child,
ward, youth or youth offender's history and prognosis in the
supplemental confidential file or record of the case are
privileged and, except at the request of the child, ward, youth
or youth offender, shall be withheld from public inspection. Once
offered as an exhibit, reports and other material relating to the
child, ward, youth or youth offender's history and prognosis
become part of the record of the case but are subject to
paragraph (e) of this subsection.
  ' (b) A supplemental confidential file is open to inspection by
the following:
  ' (A) The judge of the juvenile court and those acting under
the judge's direction;
  ' (B) The parent or guardian of the child or ward in a
dependency case;
  ' (C) The guardian ad litem for the parent of a child or ward
in a dependency case;
  ' (D) The parent or guardian of the youth or youth offender in
a delinquency case if the youth or youth offender consents to, or
the court authorizes, inspection;
  ' (E) The guardian ad litem for the parent of a youth or youth
offender in a delinquency case if the youth or youth offender
consents to, or the court authorizes, inspection;
  ' (F) Service providers in the case;
  ' (G) The attorneys or prospective appellate attorneys for:
  ' (i) The child;
  ' (ii) The ward;
  ' (iii) The youth;
  ' (iv) The youth offender;
  ' (v) The parent or guardian of the child, ward, youth or youth
offender; or
  ' (vi) The guardian ad litem for the parent;
  ' (H) The surrogate;
  ' (I) A person allowed to intervene in a proceeding involving
the child, ward, youth or youth offender;
  ' (J) The court appointed special advocate and a representative
of a CASA Volunteer Program as defined in section 3, chapter 97,
Oregon Laws 2012;
  ' (K) The district attorney or assistant attorney general
representing a party in the case;
  ' (L) The juvenile department;
  ' (M) The Department of Human Services;   { - and - }
  ' (N) The Oregon Youth Authority { + ; and
  ' (O) Any other person allowed by the court + }.
  ' (c) The supplemental confidential file in cases under ORS
419C.005 may be disclosed to the superintendent of the school
district in which the youth offender resides or the
superintendent's designee.
  ' (d) The following are entitled to copies of material
maintained in the supplemental confidential file:
  ' (A) The judge of the juvenile court and those acting under
the judge's direction;
  ' (B) Service providers in the case;

  ' (C) School superintendents and their designees in cases under
ORS 419C.005;
  ' (D) Attorneys designated under subsection (1)(b)(L) of this
section;
  ' (E) The district attorney or assistant attorney general
representing a party in the case;
  ' (F) The juvenile department;
  ' (G) The Department of Human Services;
  ' (H) The Oregon Youth Authority;   { - and - }
  ' (I) The court appointed special advocate and a representative
of a CASA Volunteer Program as defined in section 3, chapter 97,
Oregon Laws 2012 { + ; and
  ' (J) Any other person allowed by the court + }.
  ' (e) A person that obtains copies of material in the
supplemental confidential file pursuant to paragraph (d) of this
subsection is responsible for preserving the confidentiality of
the material in the supplemental confidential file. A service
provider, school superintendent or superintendent's designee who
obtains copies of such material shall destroy the copies upon the
conclusion of involvement in the case.
  ' (3) Except as otherwise provided in subsection (5) of this
section, no information appearing in the record of the case or in
the supplemental confidential file 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, ward, youth or youth offender'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, ward, youth or youth
offender, whether such proceeding occurs after the child, ward,
youth or youth offender 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 youth offender or an appeal
from the juvenile court.
  ' (4)(a) When a person described in subsection (1)(b)(M), (N),
(O) or (P) of this section inspects or obtains copies of reports,
materials or documents under this subsection or under subsection
(1) or (2) of this section, the person may not use or disclose
the reports, materials or documents, except:
  ' (A) As provided in this subsection or under subsection (1) or
(2) of this section;
  ' (B) In the juvenile court proceeding for which the reports,
materials or documents were sought or disclosed;
  ' (C) With the consent of the court; or
  ' (D) As provided in ORS 419A.253.
  ' (b) Nothing in this section prohibits the district attorney
or assistant attorney general representing a party in a juvenile
court proceeding, the juvenile department, the Department of
Human Services, the Oregon Youth Authority or other parties in
the proceeding or their attorneys from disclosing to each other
reports, materials or documents described in subsections (1) and
(2) of this section if the disclosure is reasonably necessary to
perform official duties related to the involvement of the child,
ward, youth or youth offender with the juvenile court or the
juvenile department. A person to whom reports, materials or
documents are disclosed under this subsection is subject to
subsection (3) of this section.
  ' (5)(a) Information contained in the supplemental confidential
file that, in the professional judgment of the juvenile
counselor, caseworker, school superintendent or superintendent's
designee, teacher or detention worker to whom the information in
the supplemental confidential file 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 who is
in danger from the child, ward, youth or youth offender.
  ' (b) 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. The disclosure
of information under this subsection does not make the
information admissible in any court or administrative proceeding
if it is not otherwise admissible.
  ' (6) Notwithstanding any other provision of law, and subject
to subsection (8) of this section, the following are not
confidential and not exempt from disclosure:
  ' (a) The name and date of birth of the youth or youth
offender;
  ' (b) The basis for the juvenile court's jurisdiction over the
youth or youth offender;
  ' (c) The date, time and place of any juvenile court proceeding
in which the youth or youth offender is involved;
  ' (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 youth or youth offender when
jurisdiction is based on ORS 419C.005;
  ' (f) The names and addresses of the youth or youth offender's
parents or guardians; and
  ' (g) The register described in ORS 7.020 when jurisdiction is
based on ORS 419C.005.
  ' (7) Notwithstanding any other provision of law, and subject
to subsection (8) of this section, 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.
  ' (8) Except as provided in ORS 419A.300 and 420.048, only the
juvenile court and the county juvenile department may disclose
the information under subsections (6) and (7) of this section if
the information is subject to disclosure, unless otherwise
directed by the court.
  ' (9) Nothing in this section limits access to any juvenile
court records by an appellate court reviewing a juvenile court
order or judgment. Appellate court rules may establish procedures
for appellate court access to juvenile records.
  ' (10) A petition filed under ORS 419B.851 alleging that a
child who is a foreign national is within the jurisdiction of the
court, or a motion requesting an implementation plan other than
return of a ward to the ward's parent, is subject to disclosure
to the consulate for the child or ward's country as provided
under ORS 419B.851 (3).
  ' (11) Nothing in this section prohibits a guardian appointed
under ORS 419B.365 or 419B.366 from disclosing or providing
copies of letters of guardianship when so required to fulfill the
duties of a guardian.
  ' (12) The court shall cooperate in the sharing of information
with a court in another state to facilitate an interstate
placement of a child or ward.
  '  { +  SECTION 12. + }  { + The amendments to ORS 419A.255 by
section 11 of this 2013 Act:
  ' (1) Become operative on July 1, 2014; and
  ' (2) Apply to juvenile court proceedings commenced on or after
the operative date specified in subsection (1) of this
section. + } ' .
  In line 26, delete '11' and insert '13' and delete ' AND' and
insert 'and'.
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