Okla. Admin. Code § 340:75-1-45

Current through Vol. 42, No. 7, December 16, 2024

Section 340:75-1-45 - Child Welfare Services records released pursuant to court order

(a)Child Welfare Services records released pursuant to a court order. Any record prepared, obtained, or maintained by Child Welfare Services (CWS), with regard to the child who is or was under Oklahoma Department of Human Services (OKDHS) care, custody, or supervision, or a family member, or other person living in the home of the child, may be inspected, released, disclosed, corrected, or expunged pursuant to an order of the court.

(b)Subpoena or subpoena duces tecum invalid for CWS records. A subpoena or subpoena duces tecum to compel testimony or disclosure of CWS information or record is invalid. The procedure to obtain a court order is set forth in Section 1-6-102 of Title 10A of the Oklahoma Statutes.

(c)CWS record contents. The CWS record includes, but is not limited to:

(1) any study, plan, recommendation, assessment, report made, or authorized to be made by OKDHS for the purpose of determining or describing the history, diagnosis, condition, care, or treatment of the child; or

(2) safety analysis records that have been prepared and obtained in response to a report of alleged child abuse or neglect and include assessment reports and reports to the district attorney with all supporting documentation attached and any addendums.

Okla. Admin. Code § 340:75-1-45

Added at 12 Ok Reg 237, eff 10-17-94 (emergency); Added at 12 Ok Reg 1183, eff 5-11-95; Amended at 13 Ok Reg 1543, eff 4-2-96 (emergency); Amended at 14 Ok Reg 2288, eff 6-12-97; Amended at 16 Ok Reg 1052, eff 4-26-99; Amended at 19 Ok Reg 2208, eff 6-27-02; Amended at 27 Ok Reg 1092, eff 3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10; Amended at 29 Ok Reg 635, eff 6-1-12; Amended at 30 Ok Reg 839, eff 7-1-13