Oregon Statutes 329A.348 – Interference with disclosure of information
(1) A child care facility may not interfere with the good faith disclosure of information by a parent, legal guardian or a current or former employee or volunteer concerning the abuse or mistreatment of a child in the child care facility, violations of licensing or certification requirements, criminal activity at the facility, violations of state or federal laws or any practice that threatens the health and safety of a child in the child care facility to:
Terms Used In Oregon Statutes 329A.348
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(a) The Department of Early Learning and Care, a law enforcement agency or other entity with legal or regulatory authority over the child care facility; or
(b) The child’s parent, legal guardian or personal representative as defined in ORS § 192.556.
(2) A child care facility interferes with the disclosure of the information described in subsection (1) of this section by:
(a) Asking or requiring the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information;
(b) Training an employee or volunteer not to disclose the information;
(c) Taking actions or communicating to the employee or volunteer that the employee or volunteer may not disclose the information;
(d) Terminating or threatening to terminate care of a child if the parent or legal guardian of the child discloses the information; or
(e) Asking a parent or legal guardian of a child to sign a nondisclosure or similar agreement prohibiting the parent or legal guardian from disclosing the information or communicating to a parent or legal guardian that the parent or legal guardian may not disclose the information.
(3) The department may revoke or suspend the certification of a child care facility that is found to have violated subsection (1) of this section.
(4) The disclosure of information to a child’s parent, legal guardian or personal representative under subsection (1) of this section does not relieve the employee or volunteer of any obligation to report the abuse of a child.
(5) This section does not authorize the disclosure of protected health information, as defined in ORS § 192.556, other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. § parts 160 and 164, ORS § 192.553 to 192.581 or by other state or federal laws limiting the disclosure of health information. [2019 c.381 § 8; 2023 c.554 § 26]