DAVE FROHNMA YER
ATTORNEY GENERAL
DEPARTMENT OF JUSTICE
Howard A. Quandt
20520 sw Vienna Drive
Aloha, OR 97005
GENERAL COUNSEL DIVISION
Justice Building
Salem, Oregon 97310
Telephone: 15031 378-6986
August 18, 1987
Re: Quandt Children - Children's Services Division File
Dear Mr. Quandt:
WILLIAM F. GARY
DEPUT'f ATTORNEY GENERAL
Your request for a copy of Children's Services Division's
file in a case involving possible child abuse by your former
wife was received by this office on July 6, 1987. You have
previously been informed by the CSD Washington county Branch
Manager, Garrold Shurtz, that your report involving the alleged
child abuse was found to be invalid following an investigation
by law enforcement and Children's Services Division. You have
also been informed that all the information was gathered under
the Child Abuse Reporting Law (CARL), ORS 418.750 to 418.765,
and that the case is presently closed.
You have previously requested from CSD a copy of the CSD
file in this case. That was denied in a letter dated June 24,
1987, signed by Garrold Shurtz. This office also denied your
request in a telephone conversation with Deborah Wilson,
Assistant Attorney General, Family Law Section, on August 6,
1987.
As discussed in the telephone conversation, reports and
records compiled under the Child Abuse Reporting Law are
confidential and not accessible for inspection. ORS 418.770,
192.500(2)(b), (c) and (h). Furthermore, the discretionary
sections of ORS 418.770(2) do not apply in this case, as there
is no further investigation for child abuse, and the
allegations were deemed invalid. It is our opinion that there
has not been an abuse of discretion in CSD's aecision to
maintain the confidentiality of these records. While ORS
..
Howard A. Quandt
August 18, 1987
Page TWO
418.770 authorizes disclosure of confidential child abuse
information in limited cases, the facts of the Quandt case do
not fit the disclosure criteria.
JEM:DAKW
saj 0201F
Very truly yours,
~?./k~
Yames E. Mountain, Jr.
Special counsel to the
Attorney General
