Okla. Admin. Code § 377:10-1-8

Current through Vol. 42, No. 4, November 1, 2024

Section 377:10-1-8 - Agency records

(a) "Agency record " means records prepared, obtained, or maintained by a public or private agency with regard to a child who is or has been under its care, custody, or supervision or with regard to a family member or other person living in the home of such child and includes, but is not limited to:

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

(2) any records made in the course of any investigation or inquiry conducted by an agency to determine whether a child is a delinquent child or a child in need of supervision.

(b) The Office of Juvenile Affairs "agency records" are confidential and may not be inspected nor their contents disclosed without a court order, unless otherwise provided by state or federal law, except to the following persons [10A O.S., § 2-6-106(A)]:

(1) the judge having the child currently before the court in any proceeding pursuant to Title 10A O.S. and any judge of the district court or tribal court to which any proceedings may be transferred;

(2) employees and officers of the court in the performance of their duties, including but not limited to guardians ad litem, appointed by the court, and members of review boards established pursuant to the Oklahoma Children's Code;

(3) a district attorney and the employees of an office of a district attorney in the course of their official duties pursuant to 10A O.S. or the prosecution of crimes against children;

(4) the attorney representing a child who is the subject of a juvenile proceeding pursuant to the provisions of Title 10A O.S. The attorney representing a child or an attorney considering representing a child in a juvenile proceeding may access other confidential records listed in 10A O.S., § 2-6-102(A) for use in the legal representation of the child;

(5) employees of juvenile bureaus in the course of their official duties;

(6) employees of a law enforcement agency of this or another state and employees of a child protective service of another state or any federally recognized Indian tribe member in the course of their official duties pertaining to investigations of known or suspected child abuse or neglect or crimes against children or for the purpose of determining whether to place a child in protective custody;

(7) employees of a law enforcement agency in the course of their official duties pertaining to the investigation of a crime committed or alleged to have been committed by a person under 18 years of age. Records or information disclosed pursuant to this subparagraph may consist of summaries or may be limited to the information or records necessary for the purpose of the investigation;

(8) the Oklahoma Commission of Children and Youth;

(9) the Department of Human Services;

(10) any public or private agency or person authorized by the Office of Juvenile Affairs to diagnose or provide care, treatment, supervision, or other services to a child who is the subject of a report or record of delinquency, child abuse or neglect, or other adjudicatory category, provided the OJA may limit the disclosure to summaries or to information directly necessary for the purpose of the disclosure;

(11) any federally recognized Indian tribe or state or county child protective services or child welfare agency providing for or supervising the diagnosis, care, treatment, supervision, or other services provided such child;

(12) the parents of the child who is the subject of any records;

(13) the child upon attaining eighteen (18) years of age or upon the termination of court jurisdiction of the case, whichever occurs later;

(14) any person or agency for research purposes, if any of the following conditions are met:

(A) The person or agency conducting the research is employed by the State of Oklahoma or is under contract with the state and is authorized by the Office of Juvenile Affairs to conduct the research; and

(B) The person or agency conducting the research ensures that all documents containing identifying information are maintained in secure locations and access to any documents by unauthorized persons is prohibited; that no identifying information is included in documents generated from the research conducted; and that all identifying information is deleted from documents used in the research when the research is completed;

(15) the Governor or to any person the Governor designates, in writing;

(16) any federal official of the United States Department of Health and Human Services , the United States Social Security Administration, the United States Department of Justice , the United States Department of Homeland Security, or any employee of the United States Probation Office;

(17) any member of the Legislature, upon the written approval of the Speaker of the House of Representatives or the President Pro Tempore of the Senate;

(18) employees of the Department of Corrections in the course of their official duties ; and

(19) employees of the Department of Mental Health and Substance Abuse Services in the course of their official duties .

(c) Any person to whom the information is released shall show proper identifying credentials prior to release of the confidential information. The information disclosed remains confidential and must be used for the purposes for which the disclosure is authorized. It is unlawful for any person to furnish or disclose confidential records or information for commercial, political, or unauthorized purposes. Any unlawful disclosure or unlawful use of disclosed information is subject to criminal sanctions.

Okla. Admin. Code § 377:10-1-8

Added at 14 Ok Reg 1864, eff 6-2-97; Amended at 15 Ok Reg 3628, eff 6-1-98 (emergency); Amended at 16 Ok Reg 2969, eff 7-12-99; Amended at 24 Ok Reg 1401, eff 7-1-07; Amended at 28 Ok Reg 1993, eff 7-15-11

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015