OAR 413-040-0450
Confidentiality


(1)

Many Department records are exempt from disclosure and are strictly confidential under the public records exemptions or confidentiality status. All medical records are privileged information. AIDS and/or HIV test results are specifically designated highly confidential by statute (ORS 433.045 (Notice of HIV test required)) and Department Health Administrative Rule (333-012-0270(1)–(9)) and must be held in the most strictly observed confidence possible to avoid consequences of casual or inappropriate disclosure of information. Information regarding a client’s HIV status is to be maintained in a locked file separate from the case.

(2)

In order to provide services to the child and to administer Department’s child welfare services, Department staff may inform only those directly involved in case planning and who have a need to know, that a child or an adult who has a significant role in the child’s plan, has AIDS or is HIV positive. The identification of who has a need to know in order to adequately meet the needs of the child shall be determined through a staffing which includes the worker, supervisor and Department central office (Personal Care Coordinator) representative, and should include input from the physician, county Health Department who ordered the test, or the HIV Program of the Department’s Health Policy cluster.

(3)

For children receiving services under a Voluntary Custody Agreement (CF 1005) or a Voluntary Placement Agreement (CF 499), the responsible parent(s) shall always be involved in making medical decisions for the child, and have access to medical information.

(4)

Each person who subsequently gains access to this information must keep it in strictest confidence (ORS 433.045 (Notice of HIV test required)(3)). The worker shall advise all persons who have access to the medical information of their duty to safeguard the confidential nature of the information.

(5)

If the Department learns from any source that a child is HIV positive, the above procedures must be followed.

(6)

Pursuant to Health cluster Rule 333-012-0270, if the Department possesses information that an adult client or other person associated with a case if HIV positive, this does not confer the right to disclose the information, except as permitted by Oregon law.

(7)

If disclosure of HIV information is deemed necessary for planning in the context of a court hearing, the worker shall not disclose the status in open court without either the written consent of the infected persons or a court order.
413‑040‑0000
Definitions
413‑040‑0005
Purpose
413‑040‑0006
Requirements for the Conditions for Return and the Protective Capacity Assessment
413‑040‑0008
Requirements for a Family Engagement Meeting
413‑040‑0010
Requirements for the Case Plan
413‑040‑0011
Requirements of Action Agreements
413‑040‑0014
Replacing or Adding Impending Danger Safety Threats During Ongoing Case Management
413‑040‑0016
Requirements for Review of the Case Plan
413‑040‑0017
Requirements for Return and Reunification
413‑040‑0024
Requirements for an In-home Ongoing Safety Plan Prior to Return and Next Day Contact
413‑040‑0032
Requirements for Closing the In-Home Ongoing Safety Plan and Closing the Case
413‑040‑0100
Purpose
413‑040‑0130
Administrative Reviews for Title IV and ORS 419A.090 et seq.
413‑040‑0135
Responsibility for Administrative Reviews
413‑040‑0140
Permanency Hearings by the Court
413‑040‑0145
Court Notification of Placement Changes
413‑040‑0150
Participant Notification of Administrative Reviews, Permanency Hearings, and Review Hearings
413‑040‑0155
Participants in Administrative Reviews and Permanency Hearings
413‑040‑0157
Documentation Requirements for Administrative Reviews and Permanency Hearings
413‑040‑0159
Notification and Distribution Requirements for Administrative Reviews and Permanency Hearings
413‑040‑0170
Judicial Requirements for Voluntary Custody Agreement or Child Placement Agreement
413‑040‑0200
The Interstate Compact on the Placement of Children (ICPC) -- History and Purpose
413‑040‑0208
Placements Subject to the ICPC
413‑040‑0222
Delay, Denial, Termination, Reversal of ICPC Placement Approval, Appeal
413‑040‑0228
Placement of Oregon Children
413‑040‑0240
Financial and Medical Responsibility
413‑040‑0248
Travel Arrangements and Reimbursement for Transportation Expenses
413‑040‑0268
Placement of Children or Young Adults from Other States in Oregon
413‑040‑0282
Independent and Private Agency Adoptions
413‑040‑0292
ICPC Case Closure
413‑040‑0400
Policy
413‑040‑0420
HIV Antibody Testing
413‑040‑0430
Informed Consent
413‑040‑0440
Counseling
413‑040‑0450
Confidentiality
Last Updated

Jun. 8, 2021

Rule 413-040-0450’s source at or​.us