Chapter 179

179.321

NOTES OF DECISIONS

State-supported and licensed foster home, in which child was placed by Children’s Services Division, was not “institution” within meaning of this section. State ex rel Juvenile Department v. Rankin, 30 Or App 239, 566 P2d 1209 (1977)

179.360

NOTES OF DECISIONS

The superintendent has authority to require restitution for property damage and to delegate to a disciplinary committee the task of determining if charges are true. Curtis v. Ore. State Correctional Institution, 20 Or App 530, 532 P2d 798 (1975), Sup Ct review denied

The superintendent fails in statutory duty to adopt sanitary measures and to promote inmate’s physical welfare when conditions or operations or both at the institution violate state sanitation laws. Capps v. Atiyeh, 559 F Supp 894 (1982)

Where Department of Corrections administrative rule requires clinical director to appoint chief medical officer and this section requires superintendent to appoint chief medical officer, “superintendent” includes department superintendent and this section controls, which invalidates conflicting administrative rule. Smith v. Department of Corrections, 276 Or App 862, 369 P3d 1213 (2016)

ATTY. GEN. OPINIONS: Release of patient’s confidential case records, (1974) Vol 36, p 1080

179.375

NOTES OF DECISIONS

Claim that state violated establishment clause of U.S. Constitution by applying this section to require that Catholic priest be chaplain on staff of Oregon State Prison was moot where court had no jurisdiction to hear issue because prisoner was no longer in prison; prospective relief could not help him and thus claim could not be remedied by declaratory and injunctive relief. U.S. v. Bogard, 846 F2d 563 (1988)

Where prisoner brought civil rights action alleging violation of free exercise and establishment clauses of First Amendment and claimed application of this section violated establishment clause, issue moot where prisoner no longer in prison. Reimers v. State of Or., 863 F 2d 630 (9th Cir. 1988)

ATTY. GEN. OPINIONS: Interpretation of phrase “including but not limited to Protestant and Roman Catholic,” (1978) Vol 38, p 1929

179.380

ATTY. GEN. OPINIONS: Scope of duties that may be performed by hospital technicians employed by state correctional facilities without complying with state licensing requirements, (1987) Vol 45, p 188

179.440

ATTY. GEN. OPINIONS: Mandatory compensation of patients for services performed, (1976) Vol 38, p 494

179.473

COMPLETED CITATIONS: State v. Wolberg, 5 Or App 295, 483 P2d 104 (1971), Sup Ct review denied, cert. denied, 404 US 1015 (1972)

179.486

NOTES OF DECISIONS

Person on release from county jail pending parole revocation proceeding was not within scope of this section because he was not confined in state correctional institution. Salem Hospital v. Marion County, 307 Or 213, 766 P2d 376 (1988)

ATTY. GEN. OPINIONS: Responsibility for payment of medical bills incurred by persons on temporary leave or work release status, (1983) Vol 43, p 192

179.490

NOTES OF DECISIONS

Where hospital brought action to recover cost of medical care provided alleged parole violator transported from county jail where he was confined pursuant to parole detainer, this section did not provide authority to impose liability against Corrections Division. Salem Hospital v. Marion County, 307 Or 213, 766 P2d 376 (1988)

ATTY. GEN. OPINIONS: Responsibility for payment of medical bills incurred by persons on temporary leave or work release status, (1983) Vol 43, p 192

179.495

NOTES OF DECISIONS

Circuit court order to enforce subpoena issued by workers’ compensation administrative law judge is “order of court of competent jurisdiction.” Coman v. Corrections Dept., 327 Or 449, 960 P2d 383 (1998)

ATTY. GEN. OPINIONS: Access to Mental Health Division’s patient records, (1973) Vol 36, p 658; use of division’s client records by another departmental division, (1974) Vol 37, p 186

179.505

NOTES OF DECISIONS

Proper disclosure of confidential information indicating clear and immediate danger to others does not extinguish federal rule privilege barring therapist from subsequently testifying regarding confidential information. U.S. v. Chase, 340 F3d 978 (9th Cir. 2003)

ATTY. GEN. OPINIONS: Access to Mental Health Division’s patient records, (1973) Vol 36, p 658; release of patient’s confidential case records, (1974) Vol 36, p 1080; use of division’s client records by another departmental division, (1974) Vol 37, p 186; authority of Department of Revenue for access to confidential medical information to apply on behalf of patient under care of Mental Health Division for medical benefits, (1974) Vol 37, p 269

LAW REVIEW CITATIONS: 52 WLR 383 (2016)

179.610 to 179.770

NOTES OF DECISIONS

Parents were not denied equal protection by requirement that they pay support pursuant to [former] ORS 419.513 for child placed in foster care, for foster home is not “state institution” for purposes of these sections. State ex rel Juvenile Department v. Rankin, 30 Or App 239, 566 P2d 1209 (1977)

ATTY. GEN. OPINIONS: Status of a responsible relative of a needy recipient when the responsible relative is also subject to payment of support for another relative in a state institution, (1973) Vol 36, p 608; release of patient’s confidential case records, (1974) Vol 36, p 1080; authority of Department of Revenue for access to confidential medical information to apply on behalf of patient under care of Mental Health Division for medical benefits, (1974) Vol 37, p 269; Mental Health Division billing for prisoner-patients transferred from correctional institutions to state institutions for mentally ill for cost of care and treatment, (1981) Vol 41, p 365

179.620

NOTES OF DECISIONS

State is entitled to reimbursement for cost of institutionalization from assets of institutionalized person, including cash and savings accounts, and is not limited to reimbursement from current income of institutionalized person. McCauley v. Department of Revenue, 30 Or App 87, 566 P2d 537 (1977), Sup Ct review denied

Purported inequality arising from Mental Health Division’s practice of charging persons other than transferees from Department of Corrections did not immunize petitioners under Equal Protection Clauses of state and federal constitutions from lawful obligations to pay charges for cost of care at division’s facilities. Fredenburg v. Mental Health Div., 106 Or App 337, 807 P2d 812 (1991), as modified by 107 Or App 425, 812 P2d 432 (1991)

ATTY. GEN. OPINIONS: Liability for cost of care of person in state institution, (1975) Vol 37, p 357

179.640

ATTY. GEN. OPINIONS: Authority of Department of Revenue for access to confidential medical information to apply on behalf of patient under care of Mental Health Division for medical benefits, (1974) Vol 37, p 269; liability for cost of care of person in state institution, (1975) Vol 37, p 357

179.653

ATTY. GEN. OPINIONS: Liability for cost of care of person in state institution, (1975) Vol 37, p 357

179.655