Okla. Stat. tit. 10A § 2-6-106

Current through Laws 2024, c. 453.

Section 2-6-106 - Inspection and disclosure of Office of Juvenile Affairs records without court order

A. The Office of Juvenile Affairs agency records pertaining to a child which are confidential may be inspected and their contents disclosed without a court order to the following persons upon showing of proper credentials:

1. The judge having the child currently before the court in any proceeding pursuant to this title, 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 this title or the prosecution of crimes against children, including providing summary dispositional and placement information to the victim of the delinquent acts of the child;

4. The attorney representing a child who is the subject of a juvenile proceeding pursuant to the provisions of this title. The attorney representing a child or an attorney considering representing a child in a juvenile proceeding may access other confidential records listed in subsection A of Section 2-6-102 of this title 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 a report 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 eighteen (18) years of age. Records or information disclosed pursuant to this paragraph may consist of summaries or may be limited to the information or records necessary for the purpose of the investigation;

8. The Oklahoma Commission on 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 Office 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 all 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 this 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.

B. Records and their contents disclosed without an order of the court as provided by the provisions of this section shall remain confidential. The use of any information shall be limited to the purposes for which disclosure is authorized. It shall be unlawful for any person to furnish any confidential record or disclose any confidential information contained in any juvenile record for commercial, political or any other unauthorized purpose. Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor.

Okla. Stat. tit. 10A, § 2-6-106

Amended without change by Laws 2015 , c. 54, s. 8, eff. 4/10/2015.

Amended by Laws 2015 , c. 54, s. 7, eff. 4/10/2015.

Amended by Laws 2014 , c. 197, s. 1, eff. 11/1/2014.

Added by Laws 1995, HB 1978, c. 352, § 181, emerg. eff. 7/1/1995; Amended by Laws 1996, SB 1053, c. 211, § 7, eff. 11/1/1996; Amended by Laws 1997, HB 1632, c. 293, § 34, emerg. eff. 7/1/1997; Amended by Laws 2000 , HB 2169, c. 177, §13, emerg. eff. 7/1/2000; Amended by Laws 2007 , SB 390, c. 191, §2, emerg. eff. 5/31/2007; Amended by Laws 2007 , HB 1579, c. 176, §3, eff. 11/1/2007 (repealed by Laws 2008 , SB 1830, c. 3, §7, emerg. eff. 2/28/2008); Amended by Laws 2009 , HB 2029, c. 234, §97, emerg. eff. 5/21/2009; Renumbered from 10 O.S. § 7307-1.5 by Laws 2009 , HB 2029, c. 234, §190, emerg. eff. 5/21/2009.