• THEODORE R. KULONGOSKI
ATIORNEY GENERAL
J.P. Harris, II
Attorney at Law
5778 Commercial St. S.E.
Salem, OR 97306-1213
DEPARTMENT OF JUSTICE
1162 Court Street NE
Justice Building
Salem, Oregon 97310
Telephone: (503) 378-4400
TDD: (503) 378-5938
July 19, 1995
Re: Petition for Public Records Disclosure Order:
Children's Services Division Records
Dear Mr. Harris:
THOMAS A. BALMER
DEPUTI' AITORNEY GENERAL
This letter is the Attorney General's order on your petition on behalf of Jimmie
and Cheryl Neace for disclosure under the Oregon Public Records Law, ORS 192.410
to 192.505. Your petition, which we received on June 30, 1995,11 asks the Attorney
General to direct the Children's Services Division (now the State Office for Services
to Children and Families [SOSCF]) to make available its entire file regarding the
minor child Brandon Richter. You previously sent CSD a written release signed by
Cheryl Neace, the adoptive mother, authorizing such release. For the reasons that
follow, we respectfully deny your petition.
The Public Records Law confers a right to inspect any public records of a
public body in Oregon, subject to certain exemptions and limitations. See ORS
192.420. If a public record contains exempt and nonexempt material, the public body
must separate the materials and make the nonexempt material available for
examination if it is "reasonably possible" to do so while preserving the confidentiality
of the exempt material. Turner v. Reed, 22 Or App 177, 186 n 8, 538 P2d 373
(1975).
11 We appreciate your extending the time within which the law would have
otherwise obligated us to respond.
J.P. Harris, II
Page 2
July 19, 1995
We have carefully reviewed SOSCF's files to determine whether information
contained therein should be released to you. Dan McGowan, SOSCF social service
specialist, informs us that, with the exceptions discussed below, SOSCF will
voluntarily turn over to you the contents of the files. Therefore, your petition with
respect to the portion of the files to be released is denied as moot.
Exemption for Records Made Confidential Under Oregon Law
Portions of the files are not subject to disclosure under the Oregon Public
Records Law. ORS 192.502(8) exempts:
Public records or information the disclosure of which is prohibited or
restricted or otherwise made confidential or privileged unde:r: Oregon
law.
This exemption incorporates into the Public Records Law the provisions of other
statutes that prohibit disclosure of records or make such records confidential. Some of
the requested records are subject to statutes prohibiting disclosure or making them
confidential, as discussed below.
A. Identifring Information about Persons Making Child Abuse Reports
Under ORS 419B.035(1), the reports and records compiled by CSD under ORS
419B.010 to 419B.030 relating to child abuse are confidential, notwithstanding the
provisions ofJhe Oregon Public Records Law. Pursuant to ORS 419B.035(2) and
OAR 412-01-145(2)(f), CSD has exercised its discretion to make the protective service
investigation reports available to Ms. Neace. However, CSD is redacting from those
reports any identifying information about the persons who made child abuse reports.
The redaction of this information is mandated by ORS 419B.035(2). Accordingly,
that information is exempt from disclosure under the Public Records Law. ORS
192.502(8).
B. Adoption Records
Under ORS 109.440 and 7.211, an agency shall not disclose any confidential
information relating to an adoption except pursuant to a court order or as provided in
ORS 109.425, 109.435 to 109.507 and 109.990(3). Therefore such information is not
•
J.P. Harris, II
Page 3
July 19, 1995
subject to disclosure pursuant to a request under the Oregon Public Records Law.
ORS 192.502(8).
Conclusion
Your petition is denied. SOSCF has agreed to provide you with all of the file,
with the exception of the information noted above. The Department of Justice is
making copies of the portion of the CSD file that is disclosable. As soon as that
information is ready, your office will be informed. SOSCF has agreed to waive any
copying expenses in this matter.
Sincerely,
~/>Y~
ELIZABETH S. HARCHENKO
Special Counsel to the Attorney General
ESH:LRY :aml/LRY0542.LET
c: Greg Colburn, CSD Branch Manager
