|
OK ST T. 10A § 1-6-103
|
|
|
10A Okl.St.Ann. § 1-6-103
|
Title 10A. Children and Juvenile Code
Article 1. Oklahoma Children's Code
Chapter 6. Children's Records
§
1-6-103. Inspection of records without court order-Penalties for unlawful disclosure
A.
Juvenile court records and Department of Human Services agency records pertaining to a child may be inspected, and their contents shall be disclosed, without a court order to the following persons upon showing of proper credentials and pursuant to their lawful
duties:
1. The court having the child currently
before it in any proceeding pursuant to this title, any district court or tribal court to which such proceedings may be transferred, 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 court-appointed special advocates;
2. A district attorney, United States
Attorney, or Attorney General of this or another state and the employees of such offices in the course of their official duties pursuant to this title or the prosecution of crimes against children, or upon their request in their official capacity as advisor
in a grand jury proceeding;
3. The attorney representing a child
who is the subject of a proceeding pursuant to the provisions of this title or other proceeding where child custody or visitation is at issue;
4. Employees of juvenile bureaus
in the course of their official duties pursuant to this title, and employees of the Department of Human Services in the course of their official duties;
5.
Employees of a law enforcement agency of this or another state or military enclave and employees of a child protective service of another state or military enclave 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;
6. The Oklahoma Commission on Children
and Youth as provided by Sections 601.2 and 601.6 of Title 10 of the Oklahoma Statutes;
7. The Office of Juvenile Affairs;
8. A federally recognized Indian
tribe in which the child who is the subject of the record is a member or is eligible to become a member of the tribe and is the biological child of a member of an Indian tribe pursuant to the provisions of the Federal Indian Child Welfare Act and the Oklahoma Indian Child Welfare Act; provided such Indian tribe,
in the course of its official duties, is:
a. investigating 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,
b. providing services to or for the
benefit of a child including, but not limited to, protective, emergency, social and medical services, or
c. the tribe, the tribal court or
the tribal child welfare program has asserted jurisdiction or intervened in any case in which the child is the subject of the proceedings or is a party to the proceedings pursuant to the authority provided in the Oklahoma
Indian Child Welfare Act.
The records that are to be provided to Indian tribes under this subsection shall include all case records, reports, and documents as defined in Section 1-6-101 of this title;
9. The Governor or to any person
the Governor designates, in writing;
10.
Any federal official of the United States Department of Health and Human Services;
11. Any member of the Legislature
approved in writing by the Speaker of the House of Representatives or the President Pro Tempore of the Senate;
12. A foster parent, with regard
to records concerning the social, medical, psychological, or educational needs of a child currently placed with that foster parent or of a child being considered for placement with that foster parent;
13. An employee of any state or federal
corrections or law enforcement agency in the performance of the official duties of the employee concerning presentence investigations or supervision of a parent of an alleged or adjudicated deprived child, or the legal guardian, custodian, or any other adult
member of the child's home who is responsible for the health, safety, or
welfare of the child; and
14. An employee of a state agency
of this or another state in the performance of the official duties of the employee concerning the establishment of paternity or the establishment or enforcement of a child support order or other entitlement for the benefit of a child; provided, disclosure
shall be limited to information directly related to the purpose of such disclosure.
B.
In addition to the persons listed in subsection A of this section, juvenile court records may be inspected, and their contents shall be disclosed, without a court order to the following persons upon showing of proper credentials and pursuant to their lawful
duties:
1. Employees of court-appointed special
advocate programs, as defined in Section 1-1-105 of this title, in the course of their official duties pertaining to recruiting, screening, training, assigning cases, supervising, and supporting volunteers in their roles as guardian ad litem pursuant to
Section 1-4-306 of this title;
2. Members of postadjudication review
boards established pursuant to the provisions of Section 1116.2 of Title 10 of the Oklahoma Statutes, the Child Death Review Board, and multidisciplinary personnel. In addition to juvenile court records, members of such postadjuciation
review boards may inspect, without
a court order, information that includes, but is not limited to:
a. psychological and medical records,
b. placement history and information,
including the names and addresses of foster parents,
c. family assessments,
d. treatment or service plans, and
e. school records;
3. The Department of Human Services
or other public or private agency or individual having court-ordered custody or physical custody pursuant to Department placement of the child who is the subject of the record;
4.
The child who is the subject of the record and the parents, legal guardian, custodian, or foster parent of such child; and
5. A person authorized by the court
to conduct bona fide research, provided such research may not publish the names or identities of parents, children, or other persons contained in the records.
C.
In addition to the persons and entities named in subsection A of this section, Department of Human Services agency records may be inspected, and their contents shall be disclosed, without a court order to the following persons upon showing of proper credentials
and pursuant to their lawful duties:
1. Postadjudicatory review boards,
court-appointed special advocates, and members of the Child Death Review Board;
2.
Any district court which has ordered a home study by the Department in an action for divorce, annulment, custody of a child, or appointment of a legal guardian of a child, or any subsequent proceeding in such actions; provided, however, the Department may
limit disclosure in the home study to summaries or to information directly related to the purpose of the disclosure;
3. Members of multidisciplinary teams
or multidisciplinary personnel designated by the Department, investigating a report of known or suspected child abuse or neglect or providing services to a child or family which is the subject of the report;
4. A physician who has before him
or her a child whom the physician reasonably suspects may be abused or neglected or any health care or mental health professionals involved in the evaluation or treatment of the child or the parents, legal guardian, foster parent, custodian, or other family
members of the child;
5.
Any public or private agency or person authorized by the Department to diagnose, or provide care, treatment, supervision, or other services to a child who is the subject of a report or record of child abuse or neglect; provided, the Department may limit such
disclosure to summaries or to information directly necessary for the purpose of such disclosure;
6. 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 Department 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 the 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;
7.
The Oklahoma Health Care Authority; and
8. A medical examiner when such person
is determining the cause of death of a child.
D.
In accordance with the rules promulgated for such purpose pursuant to Section 620.6 of this title, records listed in subsection A of Section 1-6- 102 of this title may be inspected and their contents disclosed without a court order to participating agencies.
CREDIT(S)
Laws 1991, c. 296, § 11, eff. Jan. 1, 1992; Laws
1993, c. 78, § 1, emerg. eff. April 18, 1993; Laws 1993, c. 306, § 2, eff. Sept. 1, 1993. Renumbered from Title 10, § 1125.2 and amended by Laws 1995, c. 352, §§ 59, 199, eff. July 1, 1995. Laws 1996, c. 200, § 18, eff. Nov. 1, 1996; Laws 1997, c. 386, § 20,
emerg. eff. June 10, 1997; Laws 1998, c. 416, § 8,
eff. Nov. 1, 1998; Laws 2000, c. 374, § 26, eff. July 1, 2000; Laws 2005, c. 153, § 1, eff. Nov. 1, 2005. Renumbered from Title 10, § 7005-1.3 and amended by Laws
2009, c. 233, §§ 73, 271, emerg. eff. May 21,
2009.
HISTORICAL AND STATUTORY NOTES
2009 Main Volume
Laws 1993, c. 78, § 1, in subsection A, in the introductory paragraph, inserted "upon proper credentials", in paragraph 1, substituted "proceeding pursuant to this title"
for "proceeding pursuant to Title 10 of the Oklahoma Statutes" and "1116.2, 1116.6 and 1150.2" for "1050.2, 1116.2 and 1116.6", in
paragraph 2, substituted "this
title" for "Title 10 of the Oklahoma Statutes", in paragraph 3, in the first sentence, substituted "this title" for "Title 10 of the Oklahoma Statutes", and in the second sentence, substituted "1125.1 of this title" for "10 of this act", rewrote paragraph
4, which prior thereto read:
"Employees of juvenile bureaus established by Section 1201 of Title 10 of the Oklahoma Statutes in the course of their official duties pursuant to Title 10 of the Oklahoma
Statutes, and employees of the Department of Human Services in the course of their official duties pursuant to Title 10 and Title 56 of the Oklahoma Statutes;"
, and added paragraph 9; and in subsection B, in the introductory paragraph, substituted ", Section 1160.1 et seq. of this title and Section 620.6 of this title, the records
listed in subsection A of Section 1125.1 of this title" for "and Section 14 of this act, the records listed in subsection A of Section 10 of this act", in paragraph 1, substituted "1125 of this title" for "9 of this act", in paragraph 2, substituted "1116.2,
1116.6 and 1150.2" for "1050.2, 1116.2 and 1116.6", and in paragraph 3.a, substituted "this title" for "Title 10 of the Oklahoma Statutes".
Laws 1993, c. 306, § 2 rewrote the section,
which prior thereto read:
"A. Juvenile court records may be inspected, and their contents shall be disclosed, without a court order to the following upon proper credentials:
"1. The court having the child currently before it in any proceeding pursuant to this title, any district court or tribal court to which such proceedings may be transferred,
employees and officers of the court in the performance of their duties, including but not limited to guardians ad litem appointed by the court, court-appointed special advocates, and members of review boards established pursuant to Sections 1116.2, 1116.6
and 1150.2 of this title;
"2. 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;
"3. The attorney representing a child who is the subject of a proceeding pursuant to the provisions of this title or representing a child pursuant to subsection B of Section
846 of Title 21 of the Oklahoma Statutes. Said attorney may also access other records listed in subsection A of Section 1125.1 of this title for use in the legal representation of the child;
"4. Employees of juvenile bureaus established
by Section 1201 of this title in the course of their official duties pursuant to this title, and employees of the Department of Human Services in the course of their official duties pursuant to this title and Title 56 of the Oklahoma Statutes;
"5. Employees of a law enforcement agency in the course of their official duties pertaining to:
"a. 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, or
"b. 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 subparagraph may consist of summaries or may be limited to the
information or records necessary for the purpose of the investigation;
"6. The Oklahoma Commission on Children and Youth as provided by Sections 601.2 and 601.6 of this title;
"7. The Department of Human Services or other public or private agency or
individual having court-ordered
custody or custody pursuant to Department of Human Services placement of the child who is the subject of the record;
"8. The child who is the subject of the record and the parents, legal guardian, legal custodian or foster parent of said child; and
"9. A federally recognized Indian tribe in which the child who is the subject of the record is a member or is eligible to become a member of the tribe and is the biological
child of a member of an Indian tribe pursuant to the Federal Indian Child Welfare Act, P.L.95-608, and the Oklahoma Indian Child Welfare Act, Section 40 et seq. of this title; provided such Indian tribe, in the course of its official duties, is:
"a. investigating 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, or
"b. providing services to or for the benefit of a child including but not
limited to protective, emergency, social and medical services, or
"c. the tribe, the tribal court or the tribal child welfare program has
asserted jurisdiction or intervened in any case in which the child is the
subject of the proceedings or is a party to the proceedings pursuant to the
authority provided in the Oklahoma Indian
Child Welfare Act.
"The records that are to be provided to Indian tribes under this subsection shall include all case records, reports, and documents as defined in Section 1125 of this title.
"B. In accordance with the rules adopted for such purpose pursuant to the Serious and Habitual Juvenile Offender Act, Section 1160.1 et seq. of this title and Section 620.6
of this title, the records listed in subsection A of Section 1125.1 of this title may be inspected and their contents disclosed without a court order to the following:
"1. Participating agencies as defined by Section 1125 of this title;
"2. Multidisciplinary teams designated by the Department of Human Services, court-appointed special advocates and members of review boards appointed pursuant to Sections
1116.2, 1116.6 and 1150.2 of this title;
"3. The following, provided that the inspection of records and disclosure authorized by this paragraph may be limited to summaries or to information directly necessary for
the purpose of such inspection or disclosure:
"a. pursuant to the provisions of this title, a person, agency, hospital or
clinic authorized or directed by the court or the Department of Human Services
to care for, treat, examine, evaluate or supervise a child or to treat,
examine, or evaluate the parent, legal guardian or other adult person living in
the home of the child,
"b. a legally recognized school that is not a participating agency in which the
child who is the subject of the record is currently enrolled, and
"c. individuals or agencies engaged in legitimate research for educational,
scientific or public purposes or for the purpose of an audit authorized by law.
No information identifying the subjects of the records shall be made available
or disclosed unless it is essential to the research or audit purpose; and
"4. The chairman of any standing or special committee of the Legislature where a subpoena, authorized by law, has been issued by the committee requesting the records.
"C. Records and their contents disclosed without an order of the court as provided by this section shall remain confidential. The use of such information shall be limited
to the purposes for which disclosure is authorized. It shall be unlawful and a misdemeanor for any person to furnish any record or disclose
any information contained therein
for commercial, political or any other unauthorized purpose."
The 1995 amendment, in subsection A, in the introductory paragraph, inserted "persons" and "and pursuant to their lawful duties", in paragraph 2, in the introductory paragraph,
in the first sentence, substituted "Part 5 of Article III of this code, Child Death Review Board, and Multidisciplinary personnel" for "Sections 1115.2, 1116.2, 1116.6 and 1150.2 of this title", in paragraph 4, in the second sentence, substituted "7005-1.2"
for "1125.1", in paragraph 5, deleted "established by Section 1201 of this title" following "bureaus", rewrote paragraph 7, which prior thereto read:
"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; provided, records pertaining to any
alleged or adjudicated abuse or neglect of the person shall not be inspected or disclosed;"
, inserted paragraph 10, redesignated former paragraphs 10 and 11 as paragraphs
11 and 12, in paragraph 12, in
the second paragraph, substituted "7005-1.1" for "1125", and added paragraphs 13 and 14; and in subsection B, rewrote the introductory paragraph, which prior thereto read:
"In accordance with the rules adopted for such purpose pursuant to the Serious and Habitual Juvenile Offender Act, and Section 620.6 of this title, the records listed in
subsection A of Section 1125.1 of this title may be inspected and their contents disclosed without a court order to the following:"
, in paragraph 1, deleted "as defined by Section 1125 of this title" following "agencies", and deleted paragraph 3, which read:
"The chairman of any standing or special committee of the Legislature where a subpoena, authorized by law, has been issued by the committee requesting the records."
The 1996 amendment, in subsection A, in paragraph 5, deleted "pursuant to this title and Title 56 of the Oklahoma Statutes" following "duties", in paragraph 6, inserted "of
this or another state and employees of a child protective service of another state", rewrote paragraph 14, which prior thereto read:
"The chairman of any standing or special
committee of the Legislature where a subpoena, authorized by law, has been issued by the committee requesting the records."
, and added paragraph 15; and rewrote subsection B, which prior thereto read:
"In accordance with the rules adopted for such purpose pursuant to Section 620.6 of this title, records listed in subsection A of Section 7005-1.2 of this title may be inspected
and their contents disclosed without a court order to:
"1. Participating agencies; and
"2. The following, provided that the inspection of records and disclosure authorized by this paragraph may be limited to summaries or to information directly necessary for
the purpose of such inspection or disclosure:
"a. pursuant to the provisions of this title, a person, agency, hospital or
clinic authorized or directed by the court or the Department of Human Services
to care for, treat, examine, evaluate or supervise a child or to treat,
examine, or evaluate the parent, legal guardian, or an adult person living in
the home of the child,
"b. a legally recognized school that is not a participating agency in which the
child who is the subject of the record is currently enrolled, and
"c. individuals or agencies engaged in legitimate research for educational,
scientific or public purposes or for the purpose of an audit authorized by law.
No information identifying the subjects of the records shall be made available
or disclosed unless it is essential to the research or audit purpose."
The 1997 amendment, in subsection A, in paragraph 2, in the introductory paragraph, substituted "Section 7003-5.1 et seq. of this title" for "Part 5 of Article III of this
Code", and in paragraph 4, in the first sentence, substituted "A of Section 7112 of this title" for "B of Section 846 of Title 21 of the Oklahoma Statutes".
The 1998 amendment, in subsection A, in paragraph 2, in the first sentence, substituted "the provisions of Section 1116.2 of this title, the" for "Section 7003-5.1 et seq.
of this title,", in paragraph 4, in the first sentence, inserted ", including the attorney representing a child pursuant to the provisions of subsection C of Section 7002-1.2 of this title" and "the provisions of", in paragraph 11, deleted "legal" preceding
"custodian", in paragraph 12, in the introductory paragraph, inserted "provisions of the", and deleted ", Section 40 et seq. of this title" following "Child Welfare Act",
inserted paragraph 15, and redesignated
former paragraph 15 as paragraph 16; and made other nonsubstantive changes.
Laws 2000, c. 374, § 26, in subsection A, in paragraph 2, in the introductory paragraph, in the first and second sentences, inserted "postadjudication", in paragraph 3, substituted
", United States Attorney, or Attorney General of this or another state and the employees of such offices" for "and the employees of an office of a district attorney", and inserted ", or upon their request in their official capacity as advisor in a grand jury
proceeding", in paragraph 12, in subparagraph a, deleted "or" following "in protective custody,", in paragraph 13, substituted "in writing;" for "in writing, and any", inserted the designation of paragraph 14, in paragraph 14, inserted "Any", redesignated
former paragraphs 14 through 16 as paragraphs 15 through 17, in paragraph 15, inserted "in writing", added paragraphs 18 and 19; in subsection B, substituted "promulgated" for "adopted"; and made other nonsubstantive changes.
Laws 2005, c. 153, § 1, in subsection A, inserted paragraph 2, and redesignated former paragraphs 2 to 19 as paragraphs 3 to 20.
Laws 2009, c. 233, § 73, rewrote section, which prior thereto read:
"A. Juvenile court records may be inspected,
and their contents shall be disclosed, without a court order to the following persons upon showing of proper credentials and pursuant to their lawful duties:
"1. The court having the child currently before it in any proceeding pursuant to this title, any district court or tribal court to which such proceedings may be transferred,
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 court-appointed special advocates;
"2. Employees of court-appointed special advocate programs, as defined in Section 7001-1.3 of this title, in the course of their official duties pertaining to recruiting,
screening, training, assigning cases, supervising and supporting volunteers in their roles as guardian ad litem, pursuant to Section 7003-3.7 of this title;
"3. Members of postadjudication review boards established pursuant to the provisions of Section 1116.2 of this title, the Child Death Review Board, and multidisciplinary
personnel. In addition to juvenile court records, members of such postadjudication review boards may inspect, without a court order, information that includes, but is not limited to:
"a. psychological and medical records,
"b. placement history and information, including the names and addresses of foster parents,
"c. family assessments,
"d. treatment or service plans, and
"e. school records;
"4. A district attorney, United States Attorney, or Attorney General of this or another state and the employees of such offices in the course of their official duties pursuant
to this title or the prosecution of crimes against children, or upon their request in their official capacity as advisor in a grand jury proceeding;
"5. The attorney representing a child who is the subject of a proceeding pursuant to the provisions of this title, including the attorney representing a child pursuant to
the provisions of subsection C of Section 7002-1.2 of this title
or representing a child pursuant to the provisions of subsection A of Section 7112 of this title. Such attorney may also access other records listed in subsection A of Section 7005-1.2 of this title for use in the legal representation of the child;
"6. Employees of juvenile bureaus in the course of their official duties pursuant to this title, and employees of the Department of Human Services in the course of their
official duties;
"7. Employees of a law enforcement agency of this or another state and employees of a child protective service of another state 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;
"8. Persons and agencies authorized by Section 7005-1.7 of this title;
"9. The Oklahoma Commission on Children and Youth as provided by Sections 601.2 and 601.6 of this title;
"10. The Department of Human Services or other public or private agency or
individual having court-ordered
custody or custody pursuant to Department of Human Services placement of the child who is the subject of the record;
"11. The Office of Juvenile Affairs;
"12. The child who is the subject of the record and the parents, legal guardian, custodian or foster parent of such child;
"13. A federally recognized Indian tribe in which the child who is the subject of the record is a member or is eligible to become a member of the tribe and is the biological
child of a member of an Indian tribe pursuant to the provisions of the Federal Indian Child Welfare Act, P.L. 95-608, and the Oklahoma Indian Child Welfare Act; provided such Indian tribe, in the course of its official duties, is:
"a. investigating 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,
"b. providing services to or for the benefit of a child including, but not limited to, protective, emergency, social and medical services, or
"c. the tribe, the tribal court or the
tribal child welfare program has asserted jurisdiction or intervened in any case in which the child is the subject of the proceedings or is a party to the proceedings pursuant to the authority provided in the Oklahoma Indian Child Welfare Act.
"The records that are to be provided to Indian tribes under this subsection shall include all case records, reports, and documents as defined in Section 7005-1.1 of this
title;
"14. The Governor or to any person the Governor designates, in writing;
"15. Any federal official of the United States Department of Health and Human Services;
"16. Any member of the Legislature approved in writing by the Speaker of the House of Representatives or the President Pro Tempore of the Senate;
"17. Persons authorized by and in the manner provided in the Oklahoma Child Abuse Reporting and Prevention Act;
"18. A foster parent, with regard to records
concerning the social, medical, psychological or educational needs of a child currently placed with that foster parent or of a child being considered for placement with that foster parent;
"19. An employee of any state or federal corrections or law enforcement agency in the performance of such employee's official duties concerning presentence investigations
or supervision of a parent of an alleged or adjudicated deprived child, or the legal guardian, custodian or any other adult member of the child's home who is responsible for the health, safety or welfare of the child; and
"20. An employee of a state agency of this or another state in the performance of such employee's official duties concerning the establishment of paternity or the establishment
or enforcement of a child support order or other entitlement for the benefit of a child; provided, disclosure shall be limited to information directly related to the purpose of such disclosure.
"B. In accordance with the rules promulgated for such purpose pursuant to Section 620.6 of this title, records listed in subsection A of Section 7005-1.2 of this title may
be inspected and their contents disclosed without a court order to participating agencies.
"C. Records and their contents disclosed
without an order of the court as provided by this section shall remain confidential. The use of such information shall be limited to the purposes for which disclosure is authorized. It shall be unlawful and a misdemeanor for any person to furnish any record
or disclose any information contained therein for commercial, political or any other unauthorized purpose."
10A Okl. St. Ann. § 1-6-103, OK ST T. 10A § 1-6-103
Current with chapters of the Second
Regular Session of the 52nd Legislature
(2010) effective September 1, 2010.