§ 1-6-102. Confidential records
Oklahoma Statutes AnnotatedTitle 10A. Children and Juvenile CodeEffective: November 1, 2021
Effective: November 1, 2021
10A Okl.St.Ann. § 1-6-102
§ 1-6-102. Confidential records
C. Except as authorized by Section 620.6 of Title 10 of the Oklahoma Statutes and this chapter and except as otherwise specifically provided by state and federal laws pertaining to education records, medical records, drug or alcohol treatment records, law enforcement, or social service records, the records listed in subsection A of this section shall be confidential and shall be inspected, released, disclosed, corrected or expunged only pursuant to an order of the court. A subpoena or subpoena duces tecum purporting to compel testimony or disclosure of such information or record shall be invalid.
c. that upon receipt from the court, the safety analysis records shall be kept confidential and disclosed only to the movant, the attorneys of the movant, those persons employed by or acting on behalf of the movant and the attorneys of the movant whose aid is necessary to the prosecution or defense of the child custody or visitation issue, and
CONFIDENTIAL RECORDS DISCLOSURE AND PROTECTIVE ORDER
NOW on this _____ day of _________, 20__, the court finds that child custody or visitation is at issue in the above styled and numbered proceeding and the disclosure of the safety analysis records of the Oklahoma Department of Human Services pursuant to Section 1-6-102 of this title is necessary and relevant to the court's determination of the child's best interests. The court therefore orders as follows:
c. All information contained in the safety analysis records of the Department is confidential under Oklahoma law and shall be disclosed only to the parties, the attorneys of the parties, and those persons employed by or acting on behalf of the parties and the attorneys of the parties whose aid is necessary to the prosecution or defense of the child custody or visitation issue.
IT IS SO ORDERED this ___ day of _______, 20__.
9. An employee of the Department shall not be compelled to testify about the safety analysis records except upon a court order directing such testimony. Any subpoena or subpoena duces tecum purporting to compel disclosure of safety analysis records or testimony concerning such records without a court order shall be invalid.
E. When confidential records may be relevant in a criminal, civil, or administrative proceeding, an order of the court authorizing the inspection, release, disclosure, correction, or expungement of confidential records shall be entered by the court only after a judicial review of the records and a determination of necessity pursuant to the following procedure:
1. A petition or motion shall be filed with the court describing with specificity the confidential records being sought and setting forth in detail the compelling reason why the inspection, release, disclosure, correction, or expungement of confidential records should be ordered by the court. A petition or motion that does not contain the required specificity or detail may be subject to dismissal by the court;
2. Upon the filing of the petition or motion, the court shall set a date for a hearing and shall require notice of not less than twenty (20) days to the agency or person holding the records and the person who is the subject of the record if such person is eighteen (18) years of age or older or to the parents of a child less than eighteen (18) years of age who is the subject of the record, to the attorneys, if any, of such person, child or parents and any other interested party as ordered by the court. The court may also enter an ex parte order compelling the person or agency holding the records to either produce the records to the court on or before the date set for hearing or file an objection or appear for the hearing. The court may shorten the time allowed for notice due to exigent circumstances;
3. At the hearing, should the court find that a compelling reason does not exist for the confidential records to be judicially reviewed, the matter shall be dismissed; otherwise, the court shall order that the records be produced for a judicial review. The hearing may be closed at the discretion of the court; and
4. The judicial review of the records shall include a determination, with due regard for the confidentiality of the records and the privacy of persons identified in the records, as to whether an order should be entered authorizing the inspection, release, disclosure, correction, or expungement of the records based upon the need for the protection of a legitimate public or private interest.
G. Any public or private agency, entity, or professional person required to produce confidential records pursuant to this section may require payment of fees from the party seeking the records prior to any records being produced, including a research fee not exceeding Twenty Dollars ($20.00) per hour and a copy fee not to exceed fifty cents ($0.50) per page and Five Dollars ($5.00) per copy of each video tape or disk; provided, the court may waive such costs in a criminal action based upon indigence of a defendant. The Department shall not be permitted to assess fees for records produced pursuant to subsection D of this section or in the provision of records to the Office of Juvenile Affairs pursuant to paragraph 13 of subsection H of this section.
12. Prohibiting the Department from providing records to a federally recognized Indian tribe for any individual who has applied for foster care placement, adoptive placement, or guardianship placement through the tribe; provided, that the tribe shall be required to maintain the confidentiality of the records;
14. Prohibiting the disclosure of agency records to Department employees whose official duties include the audit or investigation of programs, services, administrative or employment matters involving the Department or the Medicaid program; provided, the records and information accessed must be limited to the purposes for which the disclosure is authorized.
Credits
Laws 1991, c. 296, § 10, eff. Jan. 1, 1992; Laws 1993, c. 306, § 1, eff. Sept. 1, 1993. Renumbered from Title 10, § 1125.1 and amended by Laws 1995, c. 352, §§ 58, 199, eff. July 1, 1995. Laws 1996, c. 297, § 22, emerg. eff. June 10, 1996; Laws 1997, c. 350, § 5, eff. July 1, 1997; Laws 1998, c. 416, § 7, eff. Nov. 1, 1998; Laws 1999, c. 81, § 1, eff. Nov. 1, 1999; Laws 1999, c. 396, § 9, emerg. eff. June 10, 1999. Renumbered from Title 10, § 7005-1.2 and amended by Laws 2009, c. 233, §§ 72, 270, emerg. eff. May 21, 2009; Laws 2012, c. 343, § 1, eff. Nov. 1, 2012; Laws 2013, c. 374, § 2, eff. Nov. 1, 2013; Laws 2014, c. 4, § 1, emerg. eff. April 2, 2014; Laws 2014, c. 256, § 1, eff. Nov. 1, 2014; Laws 2021, c. 348, § 1, eff. Nov. 1, 2021.
10A Okl. St. Ann. § 1-6-102, OK ST T. 10A § 1-6-102
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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