Oregon Statutes 419A.258 – Motion to inspect or copy records
(1) Any person or entity not included in ORS § 419A.255 as a person or entity entitled to inspection or copying of the record of the case or the supplemental confidential file may file a motion with the court to inspect or copy the record of the case or the supplemental confidential file. The person or entity filing the motion shall file a sworn affidavit or declaration under penalty of perjury that states all of the following:
Terms Used In Oregon Statutes 419A.258
- Adjudicated youth: means a person who has been found to be within the jurisdiction of the juvenile court under ORS § 419C. See Oregon Statutes 419A.004
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Court: means the juvenile court. See Oregon Statutes 419A.004
- Juvenile court: means the court having jurisdiction of juvenile matters in the several counties of this state. See Oregon Statutes 419A.004
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Ward: means a person within the jurisdiction of the juvenile court under ORS § 419B. See Oregon Statutes 419A.004
- Youth: means a person under 18 years of age who is alleged to have committed an act that is a violation, or, if done by an adult would constitute a violation, of a law or ordinance of the United States or a state, county or city. See Oregon Statutes 419A.004
(a) The reasons why the inspection or copying is sought;
(b) The relevancy, if any, of the inspection or copying to the juvenile court proceeding; and
(c) How the inspection or copying will serve to balance the interests listed in subsection (6) of this section.
(2)(a) No later than 14 days before the court considers the motion, the person or entity filing the motion shall serve all parties and attorneys of record to the juvenile court proceeding with a copy of the motion and affidavit or declaration. Except as provided in paragraph (b) of this subsection and regardless of whether the juvenile court proceeding was commenced under ORS Chapter 419B or 419C, service under this subsection must be consistent with the provisions of ORS § 419B.851 and 419B.854. The person or entity filing the motion shall also provide all parties and attorneys of record with written notice that the party has until 14 days after the date of service to file a response or objection to the motion or such other time as specified by the court under paragraph (c) of this subsection.
(b) If the affidavit or declaration of the person or entity filing the motion states that the person or entity does not know the identity or address of a party or attorney of record, the court shall mail notice of the time to respond or object to the party or attorney of record at the party’s or attorney of record’s last known address and shall note in the register the date the notice was mailed. The notice must be mailed at least 14 days before the court considers the motion or such other time as specified by the court under paragraph (c) of this subsection.
(c) On its own motion or upon application of the person or entity filing the motion, and for good cause shown, the court may reduce or extend the time for service of the motion and affidavit or declaration.
(3) The court may summarily deny the motion if the requirements of subsections (1) and (2) of this section have not been met.
(4) The court may set a hearing to consider the motion and shall send notice of the time and place of the hearing to all parties.
(5) Upon determination by the court that the person or entity filing the motion has met the requirements of subsections (1) and (2) of this section, the court shall conduct an in camera review, taking into consideration any response or objections made by a party.
(6) Following the in camera review under subsection (5) of this section, in making the determination of whether to allow inspection or copying of the record of the case or the supplemental confidential file, in whole or in part, the court shall weigh the following interests:
(a) The privacy interests and particular vulnerabilities of the child, ward, youth or adjudicated youth, or of family members, that may be affected by the inspection or copying of all or part of the record of the case or the supplemental confidential file;
(b) The interests of the other parties to, or victims in, the juvenile court proceeding;
(c) The interests of the person or entity filing the motion; and
(d) The interests of the public.
(7) In granting a motion made under this section, the court:
(a) Shall allow inspection or copying only as necessary to serve the legitimate need of the person or entity filing the motion, as determined by the court;
(b) May limit inspection or copying to particular parts of the record of the case or the supplemental confidential file;
(c) May specify the timing and procedure for allowing inspection or copying; and
(d) Shall make protective orders governing use of the materials that are inspected or copied. [2016 c.95 § 9; 2021 c.489 § 55]
(Expunction)