State v. Wixom

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 12-30-2015
  • Case #: A152893
  • Judge(s)/Court Below: Nakamoto, J. for the Court; Armstrong, P.J.; & Egan, J.

DHS records are confidential and, when unrelated to the issue in question, are not subject to in camera review.

Defendant, charged with sexual abuse, sought certain dependency records from the Department of Human Services (DHS) regarding the victim of sexual abuse. DHS denied access to the records on the grounds that they were confidential. The Court held that the trial court correctly denied the defendant's motion for an in camera review of the DHS dependency records. The Court also held that the trial court correctly allowed the CARES interview to be admitted because the video's probative value substantially outweighed any unfair prejudice. Affirmed.

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