Oklahoma
| Code | Subject Matter |
| Code § 7005-1.1 | Children's Records: Court to make and keep records--Definitions |
| Code § 7005-1.2 | Children's Records: Confidential records |
| Code § 7005-1.3 | Children's Records: Inspection of records without court order--Penalties for unlawful disclosure |
| Code § 7005-1.4 | Children's Records: Disclosure of Department of Human Services records without court order--Confidentiality--Violations |
| Code § 7005-1.5 | Children's Records: Department of Human Services records--Release to Indian tribes |
| Code § 7005-1.6 | Children's Records: Applicability of the Oklahoma Minor Identification Act |
| Code § 7005-1.7 | Children's Records: Promulgation of rules implementing federal Child Abuse Prevention and Treatment Act |
| Code § 7005-1.8 | Children's Records: Maintenance of records |
| Code § 630.1 | Coordinated Database System For Children Act: Short title--Purpose--Implementation |
| Code § 630.2 | Coordinated Database System For Children Act: Duties and responsibilities of implementing agencies |
| Code § 630.3 | Coordinated Database System For Children Act: Database design |
| Code § 620.1 | Maintenance, Transfer and Release of Confidential Information: Purpose of Act |
| Code § 620.2 | Maintenance, Transfer and Release of Confidential Information: Appointment of task force--Membership--Duties |
| Code § 620.3 | Maintenance, Transfer and Release of Confidential Information: Agencies to promulgate uniform rules and procedures |
| Code § 620.4 | Maintenance, Transfer and Release of Confidential Information: Contents of rules and procedures |
| Code § 620.5 | Maintenance, Transfer and Release of Confidential Information: Transfer and release of confidential information--Adoption of procedures |
| Code § 620.6 | Maintenance, Transfer and Release of Confidential Information: Guidelines and forms for inspection, release, disclosure, etc. of records |
| Code § 7307-1.1 | Juvenile Records: Court to keep records--Definitions |
| Code § 7307-1.2 | Juvenile Records: Confidential juvenile records |
| Code § 7307-1.3 | Juvenile Records: Inspection and disclosure of confidential records without court order |
| Code § 7307-1.4 | Juvenile Records: Inspection and disclosure of juvenile court records without court order |
| Code § 7307-1.5 | Juvenile Records: Inspection and disclosure of Office of Juvenile Affairs records without court order |
| Code § 7307-1.6 | Juvenile Records: Fingerprinting of persons under 18 |
| Code § 7307-1.9 | Juvenile Records: Procedures for providing certain records to sheriffs--Confidentiality |
| Code § 24-101.4 | School Code of 1971: Disclosure of disciplinary and nondirectory educational records |
| Code § 5-144 | School Code of 1971: Filing of information or indictment--Notification of superintendent |
TITLE 10. CHILDREN
CHAPTER 70. OKLAHOMA CHILDREN'S CODE
ARTICLE V. CHILDRENS' RECORDS
10 Okl. St. § 7005-1.1 (2009)
§ 7005-1.1. Court to make and keep records--Definitions
A. The court shall make and keep records of all cases brought before it.
The court shall devise and cause to be printed such forms for social and
legal records and such other papers as may be required.
B. As used in the Oklahoma Children's Code:
1. "Records" shall include but not be limited to written
or printed documents, papers, logs, reports, files, case notes, films, photographs,
audio or visual tape recordings, and shall include information entered into
and maintained in an automated or computerized information system;
2. "Juvenile court record" means legal and social records
other than adoption records, including but not limited to agency, law enforcement
and district attorney's records, filed with the court that are related to a
child who is the subject of a court proceeding pursuant to the provisions of
the Oklahoma Children's Code;
3. "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 to a family member or other
person living in the home of such child and shall include but not be limited
to:
a. 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
b. any records made in the course of any
investigation or inquiry
conducted by an agency to determine whether
a child is or may be a
deprived child, a delinquent child, a
child in need of supervision
or a child in need of treatment;
4. "District attorney's records" means any records prepared
or obtained by an office of a district attorney relating to juvenile cases
and any records prepared or obtained for the prosecution of crimes against
children that constitute a legal or social record of a child as defined by
this section;
5. "Law enforcement records" means any contact, incident
or similar reports, arrest records, disposition records, detention records,
fingerprints, or photographs related to a child and shall include but not be
limited to reports of investigations or inquiries conducted by a law enforcement
agency to determine whether a child is or may be subject to the provisions
of this title as a deprived child, a delinquent child, a child in need of supervision
or a child in need of treatment. Law enforcement records pertaining to juveniles
shall be maintained separately from records pertaining to adults;
6. "Nondirectory education records" means any records
maintained by a public or private school, including a technology center school,
regarding a child who is or has been a student at the school which are categorized
as private or confidential records pursuant to the federal Family Educational
Rights and Privacy Act of 1974 and any rules promulgated pursuant to said act;
7. "Legal record" means any petition, docket, motion,
finding, order, judgment, pleading, paper or other document, other than social
records, filed with the court;
8. "Social record" means social studies and medical,
psychological, clinical or other treatment reports or studies, educational
records and agency records other than legal records filed with the court; and
9. "Participating agency" means any public or private
agency that has entered into a contract or an interagency agreement under the
Interlocal Cooperation Act in accordance with the rules and guidelines adopted
pursuant to Section 620.6 of this title for the purpose of accessing and sharing
information necessary for the care, treatment, and supervision of children
and youth.
§ 7005-1.2. Confidential records
A. Except as provided by this section and except as otherwise
specifically provided by state and federal laws, the following records are
confidential and shall not be open to the general public or inspected or
their contents disclosed:
1. Juvenile court records;
2. Agency records;
3. District attorney's records;
4. Law enforcement records;
5. Nondirectory education records; and
6. Social records.
B. The limitation of subsection A of this section shall not apply
to statistical information and other abstract information obtained pursuant
to the provisions of the Oklahoma Children's Code.
C. Except as authorized by Section 620.6 of this title and this
article and except as otherwise specifically provided by state and federal
laws pertaining to the confidentiality of records and information and the inspection,
release, disclosure, correction or expungement of such information, including,
but not limited to, 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. Except as otherwise provided in Section
601.6 of this title, no subpoena or subpoena duces tecum purporting to compel
disclosure of such information or record shall be valid.
D. 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 review of the records and a determination by a judge
of the district court designated pursuant to this subsection, with due regard
for the confidentiality of the records and the privacy of persons identified
in the records, that a compelling reason exists and such inspection, release
or disclosure is necessary for the protection of a legitimate public or private
interest.
1. Except for district attorney's records, any order authorizing
the disclosure, release or inspection of such records pursuant to this subsection
may be conditioned on such terms and restrictions as the court deems necessary
and appropriate.
2. Upon the filing of a petition for an order of the court pursuant
to this section, the court shall set a date for a hearing and shall provide
three (3) judicial days' notice to the agency 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
hearing may be closed at the court's discretion.
3. Upon the filing of a petition for an order of the court pursuant
to this section, the judge of the court having jurisdiction to issue the order
authorized by this section shall request the presiding judge of the judicial
district to designate another judge to review the confidential records and
make a determination as to whether any information contained in the records
may be inspected, released, disclosed, corrected or expunged. Any order issued
by the judge of the court having jurisdiction to issue such order shall be
based on and consistent with the determination of the judge reviewing the confidential
records.
E. Any agency or person may seek an order from the juvenile court
prohibiting the release of information subject to disclosure without an order
of the court pursuant to Section 620.6 of this title and this article. The
court may, for good cause shown, prohibit the release of such information or
authorize release of the information upon such conditions as the court deems
necessary and appropriate, subject to the provisions of subsection D of this
section.
F. The court may authorize a designated person to review juvenile
court confidential reports and records and collect statistical information
and other abstract information for research purposes. Such authorization shall
be in writing and state specifically the type of information which may be reviewed.
Each person granted permission to inspect confidential reports
and records for research purposes shall present a notarized statement to the
court stating that the names of children, parents and such other persons required
by the court to be confidential will remain confidential.
G. Nothing in Section 620.6 of this title and this article shall
be construed as:
1. Authorizing the inspection of records or the disclosure of
information contained in records relating to the provision of benefits or services
funded, in whole or in part, with federal funds, except in accord with federal
statutes and regulations governing the receipt or use of such funds;
2. Authorizing the disclosure of papers, records, books or other
information relating to the adoption of a child required to be kept confidential.
The disclosure of such information shall be governed by the provisions of the
Oklahoma Adoption Code;
3. Abrogating any privilege, including the attorney-client privilege,
or affecting any limitation on such privilege found in any other statutes;
4. Limiting or otherwise affecting access of parties to a deprived
proceeding to records filed with or submitted to the court;
5. Limiting or otherwise affecting access of agencies to information
subject to disclosure, review, or inspection by contract or as a condition
for the receipt of public funds or participation in any program administered
by the agency;
6. Prohibiting the Department of Human Services from summarizing
the outcome of an investigation to the person who reported a known or suspected
instance of child abuse or neglect or to any person providing services to a
child who is or is alleged to be a victim of child abuse;
7. Authorizing the disclosure of the identity or location information
of any person who has reported an allegation of known or suspected child abuse
or neglect unless such disclosure is specifically ordered by the court; or
8. Prohibiting the Department of Human Services from providing
a summary of allegations and findings of an investigation involving a child
care facility that does not disclose identities but that permits parents to
evaluate the facility.
H. The confidential records listed in subsection A of this section
may be inspected and their contents disclosed without a court order to a school
district in which the child who is the subject of the record is currently enrolled.
The inspection of records and disclosure authorized by this subsection may
be limited to summaries or to information directly necessary for the purpose
of such inspection or disclosure. Upon request by the school district, or as
otherwise required to be provided by the Department pursuant to the Oklahoma
Child Abuse Reporting and Prevention Act, the agency in possession of the records
shall provide the requested information to the school district. Any records
disclosed as provided by this subsection shall remain confidential. The use
of any information shall be limited to the purposes for which disclosure is
authorized.
§ 7005-1.3. Inspection of records without court order--Penalties for unlawful disclosure
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.
§ 7005-1.4. Disclosure of Department of Human Services records without court order--Confidentiality--Violations
A. Department of Human Services agency records pertaining
to a child may be inspected and their contents 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, 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 such disclosure;
3. 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;
4. 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 laws relating to child abuse
and neglect. 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;
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 agency of another state or federally
recognized Indian tribe 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. The Oklahoma Commission on Children and Youth as provided by
Sections 601.2 and 601.6 of this title;
8. The Office of Juvenile Affairs;
9. Persons and agencies authorized by Section 7005-1.7 of this
title;
10. Members of multidisciplinary teams or multidisciplinary personnel
designated by the Department of Human Services, 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;
11. 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,
the child's parents, legal guardian, foster parent, custodian or other family
members;
12. 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;
13. 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;
14. A parent, legal guardian or custodian of the child who is
the subject of such records; provided, that records disclosed shall be limited
to juvenile court records as defined by Section 7005-1.1 of this title. All
other agency records pertaining to or related to any alleged or adjudicated
abuse or neglect of the child shall not be inspected or disclosed pursuant
to this paragraph;
15. Any person or agency for research purposes, if all of the
following conditions are met:
a. the person or agency conducting such
research is employed by the
State of Oklahoma or is under contract
with this state and is
authorized by the Department of Human
Services to conduct such
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 such 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;
16. Persons authorized by and in the manner provided in the Oklahoma
Child Abuse Reporting and Prevention Act;
17. 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;
18. The Governor or to any person the Governor designates, in
writing;
19. Any federal official of the United States Department of Health
and Human Services;
20. The Oklahoma Health Care Authority;
21. Any member of the Legislature approved in writing by the Speaker
of the House of Representatives or the President Pro Tempore of the Senate;
22. Any person or agency authorized to receive any paper, record,
book or other information pursuant to the Oklahoma Adoption Code pertaining
to a child who is the subject of an adoption proceeding or relatives who are
related to such child within the third degree of consanguinity;
23. Employees of any state or federal corrections or law enforcement
agency in the performance of their 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 care of the child; and
24. 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, the Department shall
limit disclosure to information directly related to the purpose of such disclosure.
B. In accordance with the rules promulgated for such purpose pursuant
to the provisions of Section 620.6 of this title, records may be inspected
and their contents disclosed without a court order to participating agencies.
C. Nothing in this section shall be construed as prohibiting the
Department from disclosing such confidential information as may be necessary
to secure appropriate care, treatment, protection or supervision of a child
alleged to be abused or neglected.
D. Records and their contents disclosed pursuant to 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 any unauthorized purpose.
§ 7005-1.5. Department of Human Services records--Release to Indian tribes
Department of Human Services agency records pertaining to a
child may be inspected and their contents disclosed and released without
a court order to 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 Title 10 of the Oklahoma Statutes;
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
section shall include all case records, reports, and documents as defined in
Section 7005-1.1 of this title.
§ 7005-1.6. Applicability of the Oklahoma Minor Identification Act
If a child is reported to a law enforcement agency as a missing child or a custodial parent, legal guardian or legal custodian of a child requests the issuance of a fingerprint card pursuant to the provisions of the Oklahoma Minor Identification Act, the provisions of the Oklahoma Minor Identification Act shall apply. With the voluntary and informed consent of the parent, legal guardian or legal custodian of the child, fingerprints obtained and maintained pursuant to the Oklahoma Minor Identification Act may be used by law enforcement officers.
§ 7005-1.7. Promulgation of rules implementing federal Child Abuse Prevention and Treatment Act
A. Pursuant to the provisions of the federal Child Abuse
Prevention and Treatment Act which provides for expanded disclosure and sharing
of records and reports with persons and entities who have a reason for the
records and reports to protect children from child abuse, the Commission
for Human Services shall promulgate emergency and permanent rules which will
provide for disclosure of all information to persons and entities authorized
by this article, the Child Abuse Reporting and Prevention Act, the Oklahoma
Foster Care and Out-of-Home Placement Act, and any other person or entity
specifically authorized by law in order to carry out their responsibilities
under law to provide services to children and to protect children from abuse
and neglect. Rules shall provide for the disclosure of all relevant information
concerning reports of child abuse and neglect to the persons or entities
authorized by law to receive such information.
B. The State of Oklahoma declares that the receipt of confidential
information by persons authorized to receive confidential information relating
to children, pursuant to the provisions of subsection A of this section, is
essential to the responsibility of the state to care for and protect its children.
§ 7005-1.8. Maintenance of records
Court and agency records required to be maintained pursuant to law regarding deprived children shall be maintained by the court or agency until otherwise provided by law.
TITLE 10. CHILDREN
CHAPTER 26. SERVICES TO CHILDREN AND YOUTH
COORDINATED DATABASE SYSTEM FOR CHILDREN ACT
10 Okl. St. § 630.1 (2009)
§ 630.1. Short title--Purpose--Implementation
A. This act shall be known and may be cited as the "Coordinated
Database System for Children Act".
B. The purpose of the Coordinated Database System for Children
Act is to design and implement a system that provides data linkages for the
sharing of case information and for aggregate data analysis for planning, research,
outcome evaluation and service coordination.
C. The system shall be implemented through interagency agreements
and shall utilize a database application that supports information sharing
to reduce duplication, improve service delivery and allow data analysis for
planning, research and evaluation. The database application shall be jointly
developed, implemented and utilized by the public agencies responsible for
services to children in this state and private agencies that provide such services
pursuant to a contract with a state agency.
§ 630.2. Duties and responsibilities of implementing agencies
A. Entities which shall jointly design and implement
the coordinated database system shall include, but not be limited to:
1. The Oklahoma Commission on Children and Youth;
2. The Department of Human Services;
3. The State Department of Health;
4. The Department of Mental Health and Substance Abuse Services;
5. The Oklahoma Health Care Authority;
6. The State Department of Education;
7. The Office of State Finance;
8. The Office of Juvenile Affairs;
9. The State Department of Rehabilitation Services;
10. The Oklahoma Department of Commerce; and
11. Consumer representatives.
B. 1. The Oklahoma Commission on Children and Youth shall serve
as the lead agency in initiating the collaborative process among entities identified
in subsection A of this section in order to design and implement the system
required by the Coordinated Database System for Children Act. The Commission
shall be responsible for convening meetings and providing meeting space, administrative
staff and other necessary support services. The Commission shall schedule meetings
in conjunction with the Coordination of Services for Older Oklahomans Task
Force.
2. The remaining agencies listed in subsection A of this section
shall be responsible for providing information, staff and other assistance
as necessary to design and implement the system required by the Coordinated
Database System for Children Act.
C. On or before February 1, 1998, the agencies listed in subsection
A of this section shall jointly submit to the Governor, the Speaker of the
House of Representatives, the President Pro Tempore of the Senate, and the
chairs of the appropriate legislative committees, a report which shall include,
but not be limited to:
1. A statement of progress regarding the design and implementation
of the system required by the Coordinated Database System for Children Act;
and
2. Identification of any statutory changes and funding necessary
to implement the system.
A. The design of a coordinated database system that provides
data linkages for the sharing of case information and for aggregate data
analysis for planning, research, outcome evaluation and service coordination
for children shall:
1. Be based upon efforts currently underway through the data matching
project initiated by the Needs-Met Services Committee;
2. Be consistent with the data-sharing design to be recommended
and utilized by the Coordination of Services for Older Oklahomans Task Force;
and
3. Include, but not be limited to:
a. the development of a database application
that supports
information sharing to reduce duplication
of effort, improve
service delivery and allow tracking of
specified outcomes for
children. Application development shall
include a joint
application design process,
b. procedures for ensuring confidentiality
of information in
accordance with state and federal laws,
c. a funding and implementation plan,
which may include phased-in
implementation, and
d. procedures for coordinating, monitoring
and improving data
collection to support improved services
to clients and analysis of
policy options.
B. Preliminary recommendations for the database application and
funding shall be completed on or before February 1, 1999.
TITLE 10. CHILDREN
CHAPTER 26. SERVICES TO CHILDREN AND YOUTH
MAINTENANCE, TRANSFER AND RELEASE OF CONFIDENTIAL INFORMATION
10 Okl. St. § 620.1 (2009)
§ 620.1. Purpose of Act--Release and Transfer of information
A. The purpose of this act is to ensure efficient, cost
effective delivery of state services and accountability in the delivery of
state services to children and their families through the establishment of
uniform administrative rules governing the maintenance, transfer and release
of confidential information between public and private agencies that provide
services to children and their families in order to:
1. Facilitate access to health, mental health, social and related
services that are made available through state and federal funds for children
and families;
2. Remove unnecessary and cumbersome impediments to the delivery
of such services; and
3. Better provide for the expeditious, coordinated and cooperative
delivery of services by establishing a uniform system of rules, procedures
and forms for the maintenance, transfer and release of confidential information
to be used by state, county and private agencies, boards of education, and
technology center districts, pursuant to the provisions of this act.
B. For the purpose of this act, "confidential information" means
any information regarding a child receiving services supported in whole or
in part by state or federal funds, a family member of such child, or other
persons residing in the home of such child, and which is required by state
or federal law or regulation to be maintained in a confidential manner.
C. Nothing in this act shall be construed to authorize the release
of confidential information except pursuant to an informed consent as provided
in Section 620.4 of this title, a court order, or as otherwise provided by
law.
§ 620.2. Appointment of task force--Membership--Duties
A. The Oklahoma Commission on Children and Youth shall
appoint a task force composed of the directors, or their designees, of the
agencies listed in Section 3 of this act and, as appropriate, representatives
of other public and private agencies that provide services to children and
their families. The task force shall:
1. On or before November 1, 1990, establish guidelines for the
development of uniform administrative rules, procedures and forms related to
the maintenance, transfer and release of confidential information required
pursuant to the provisions of this act;
2. On or before January 1, 1991, revise the proposed rules, procedures
and forms prepared by the agencies for uniformity and compliance with the guidelines
established by the task force. The task force shall make recommendations to
the agencies for modifications to the proposed rules, procedures and forms
as necessary to ensure uniformity and compliance with the established guidelines;
3. On or before April 1, 1991, develop a manual which clearly
describes applicable state and federal laws, rules, procedures and forms for
the maintenance, transfer and release of confidential information. Said manual
shall be published by the Oklahoma Commission on Children and Youth and each
agency providing services to children and their families shall be responsible
for necessary copying and distribution, to ensure that employees involved in
the delivery of services to children and their families are provided copies
of the manual and are trained regarding the content and application of the
information contained in the manual; and
4. Beginning on April 1, 1991, meet not less than annually and
more often as necessary, as determined by the Oklahoma Commission on Children
and Youth, for the purpose of reviewing proposed or necessary amendments to
the rules, procedures or forms adopted pursuant to this act in order to ensure
the continuing consistency and uniformity of said rules, procedures and forms
and to provide for necessary revisions of the manual.
B. Each agency listed in Section 3 of this act shall provide information
and staff assistance as necessary to prepare the rules, procedures, forms and
manual required by this act.
C. Beginning on April 1, 1991, each agency listed in Section 3
of this act shall forward to the Oklahoma Commission on Children and Youth
copies of proposed amendments to the rules, procedures and forms adopted pursuant
to this act.
§ 620.3. Agencies to promulgate uniform rules and procedures
A. Prior to April 1, 1991, the following agencies shall
promulgate uniform rules and adopt uniform procedures and forms for the maintenance,
transfer and release of confidential information:
1. Department of Human Services;
2. Department of Mental Health and Substance Abuse Services;
3. State Department of Health;
4. State Department of Education;
5. Oklahoma Department of Career and Technology Education;
6. Oklahoma Commission on Children and Youth;
7. J.D. McCarty Center for Children with Developmental Disabilities;
8. Department of Corrections; and
9. Beginning July 1, 1998, the Office of Juvenile Affairs.
B. Private agencies receiving public funds pursuant to a grant
or contract with a state agency listed in subsection A of this section and
providing institutional, community residential or community-based services,
as defined by Section 1101 of this title, to children and families, shall comply
with the rules regarding the maintenance, transfer and release of confidential
information adopted by the governing board of the state agency or agencies
from which they receive funds.
C. The provisions of Sections 620.1 through 620.6 of this title
shall not apply to court records of juvenile cases maintained by the district
courts. The supervising judge of a statutorily constituted juvenile bureau
may establish court rules for the transfer and release of other confidential
information maintained by the juvenile bureau which substantially conform with
the rules, forms and procedures promulgated and adopted by state agencies pursuant
to the provisions of Sections 620.1 through 620.6 of this title.
§ 620.4. Contents of rules and procedures
A. The rules promulgated and the procedures and forms
adopted pursuant to this act shall include, but not be limited to:
1. Provision for the maintenance, transfer and release of confidential
information;
2. Compliance with all applicable state and federal laws and regulations
regarding the transfer and release of confidential information;
3. If not otherwise specifically limited by law, authorization
for the transfer or release of confidential information only pursuant to paragraph
5 of this subsection, a court order or an informed consent for the transfer
or release of said information that has been executed by:
a. the parent or guardian of the child or other person
authorized by
state or federal law to execute said consent, if the
subject of the
confidential information is a child, or
b. the individual who is the subject of said confidential
information
or other person authorized by law to execute said
consent on his
behalf, if the subject of the confidential information
is an adult;
4. Establishment of a uniform informed consent form and uniform
procedures for obtaining informed consents, which shall include, but not be
limited to, information which shall be provided to a person executing an informed
consent prior to such execution;
5. Establishment of uniform procedures for authorizing access
to confidential information for the purpose of gathering statistical information
or conducting studies or research as otherwise authorized by law;
6. Establishment of uniform charges, if any, for the costs of
copying and mailing records;
7. Provision for the maintenance of the confidentiality of information
by persons and agencies receiving confidential information; and
8. Compliance with the provisions of the Administrative Procedures
Act.
B. The uniform rules may include special rules for particular
programs which are subject to federal rules.
§ 620.5. Transfer and release of confidential information--Adoption of procedures
A. The local board of education of each school district
and each technology center school district shall adopt policies and procedures
for the transfer and release of confidential information to the agencies
listed in Section 620.3 of this title, to persons and agencies subject to
the rules promulgated by said agencies pursuant to this act, and to statutorily-constituted
juvenile bureaus. The policies and procedures adopted by said boards shall
comply with the requirements for state agency rules listed in Section 620.4
of this title for the transfer and release of confidential information.
B. A local board of education may adopt in whole or in part the
rules, procedures and forms promulgated and adopted by the State Board of Education,
and each technology center school board may adopt in whole or in part the rules,
procedures and forms promulgated and adopted by the State Board of Career and
Technology Education.
§ 620.6. Guidelines and forms for inspection, release, disclosure, etc. of records
A. The task force established pursuant to Section 620.2
of Title 10 of the Oklahoma Statutes, with the cooperation and assistance
of the Serious and Habitual Juvenile Offender Program Implementation Task
Force, shall prepare proposed guidelines and the form and content of proposed
interagency agreements for the inspection, release, disclosure, sealing and
expungement of information contained in the records defined by Section 9
of this act. Said guidelines shall:
1. Be in compliance with applicable state and federal laws providing
for the confidentiality of records and information;
2. Provide for the inspection, release or disclosure of only the
information necessary and appropriate, and only to the extent necessary, for
the purpose for which such inspection, release or disclosure is made.
B. On or before July 1, 1993, the agencies listed in subsection
A of Section 620.3 of Title 10 of the Oklahoma Statutes and the agencies comprising
the juvenile justice system as defined by Section 2 of this act shall, and
the agencies comprising the children and youth service system as defined by
Section 600 of Title 10 of the Oklahoma Statutes may:
1. Adopt rules, policies, procedures, standards, protocols and
guidelines, as appropriate, for the inspection, release, disclosure, sealing
and expungement of confidential records in accordance with the proposed guidelines
prepared pursuant to subsection A of this section; and
2. Enter into contracts or interagency agreements under the Interlocal
Cooperation Act for the sharing or disclosure of confidential information in
accordance with said rules, policies, procedures, standards, protocols and
guidelines.
TITLE 10. CHILDREN
CHAPTER 73. OKLAHOMA JUVENILE CODE
ARTICLE VII. RECORDS
10 Okl. St. § 7307-1.1 (2009)
§ 7307-1.1. Court to keep records--Definitions
A. The court shall make and keep records of all cases
brought before the court pursuant to the Oklahoma Juvenile Code, Section
7301-1.1 et seq. of this title. The court shall devise and cause to be printed
such forms for social and legal records and such other papers as may be required.
B. As used in the Oklahoma Juvenile Code:
1. "Records" or "record" shall include but
not be limited to written or printed documents, papers, logs, reports, files,
case notes, films, photographs, audio or visual tape recordings pertaining
to a juvenile proceeding or a child, and shall include information entered
into and maintained in an automated or computerized information system;
2. "Juvenile court record" means legal and social records
other than adoption records, including but not limited to agency, law enforcement
and district attorney's records, filed with the court that are related to a
child who is the subject of a court proceeding pursuant to the Oklahoma Juvenile
Code;
3. "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 shall include but
not be limited to:
a. 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
b. 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;
4. "District attorney's records" means any records prepared
or obtained by an office of a district attorney relating to a juvenile case
and any records prepared or obtained for the prosecution of crimes against
children that constitute a legal or social record of a child;
5. "Law enforcement records" means any contact, incident
or similar reports, arrest records, disposition records, detention records,
fingerprints, or photographs related to a child and shall include but not be
limited to reports of investigations or inquiries conducted by a law enforcement
agency to determine whether a child is or may be subject to the provisions
of this chapter as a delinquent child or a child in need of supervision. Law
enforcement records pertaining to juveniles shall be maintained separately
from records pertaining to adults;
6. "Nondirectory education records" means any records
maintained by a public or private school, including a technology center school,
regarding a child who is or has been a student at the school which are categorized
as private or confidential records pursuant to the federal Family Educational
Rights and Privacy Act of 1974 and any rules promulgated pursuant to the act;
7. "Legal record" means any petition, docket, motion,
finding, order, judgment, pleading, paper or other document, other than social
records, filed with the court;
8. "Social record" means social studies and medical,
psychological, clinical or other treatment reports or studies, educational
records and agency records other than legal records filed with the court; and
9. "Participating agency" means any public or private
agency that has entered into a contract or an interagency agreement under the
Interlocal Cooperation Act in accordance with the rules and guidelines adopted
pursuant to Section 620.6 of this title or the Serious and Habitual Juvenile
Offender Act for the purpose of accessing and sharing information necessary
for the care, treatment, and supervision of children and youth.
§ 7307-1.2. Confidential juvenile records
A. Except as provided by this section or as otherwise
specifically provided by state or federal laws, the following juvenile records
are confidential and shall not be open to the general public, inspected,
or their contents disclosed:
1. Juvenile court records;
2. Agency records;
3. District attorney's records;
4. Law enforcement records;
5. Nondirectory education records; and
6. Social records.
B. The confidentiality limitation of subsection A of this section
shall not apply to statistical information or information of a general nature
obtained pursuant to the provisions of the Oklahoma Juvenile Code.
C. The confidentiality requirements of subsection A of this section
for juvenile court records and law enforcement records shall not apply:
1. Upon the certification of a juvenile as an adult pursuant to
Section 7303-4.3 of this title;
2. Upon the charging of an individual pursuant to Section 7306-1.1
of this title;
3. To a violation of any traffic regulation or motor vehicle regulation
of Title 47 of the Oklahoma Statutes, or to a violation of any city ordinance
or county resolution which relates to the regulation of traffic on the roads,
highways or streets, or to the operation of self-propelled or nonself-propelled
vehicles of any kind in this state;
4. To a juvenile who is fourteen (14) years of age or older and
who has been adjudicated delinquent and who subsequently comes before the juvenile
court on a new delinquency matter after July 1, 1995;
5. To a juvenile adjudicated a delinquent for committing a delinquent
act which, if committed by an adult, would be a felony offense that is a crime
against the person or a felony offense involving a dangerous weapon;
6. To arrest records of a juvenile arrested for committing an
act, which if committed by an adult, would be a felony offense;
7. To a violation of the Prevention of Youth Access to Tobacco
Act; or
8. Whenever a juvenile is accepted for placement or treatment
in a facility or private treatment facility within this state as a result of
or following a conviction or adjudication for an out-of-state offense that
would qualify the juvenile as a youthful offender, as defined in Section 7306-2.2
of this title, had the crime occurred within this state. The facility shall
provide any law enforcement agency or peace officer all prior criminal offense,
conviction, and adjudication information. If a juvenile flees or is otherwise
absent from the facility without permission, the facility shall provide any
law enforcement agency or peace officer all prior criminal offense, conviction,
and adjudication information. Any law enforcement agency or peace officer shall
have the authority to review or copy any records concerning the juvenile, including
prior criminal offense, conviction, or adjudication information.
D. Following the first adjudication as a delinquent, the court
having jurisdiction shall note on the juvenile court record of the person that
any subsequent juvenile court records shall not be confidential; provided,
the child is at least fourteen (14) years of age or older. Any juvenile court
record which becomes an open juvenile record as provided in this subsection
may be expunged as provided in Section 7307-1.8 of this title.
The provisions of this subsection shall only apply to the juvenile
court records and law enforcement records of juvenile offenders certified,
charged or adjudicated on and after July 1, 1995.
E. When a delinquent child has escaped or run away from a training
school or other institutional placement for delinquents, the name and description
of the child may be released to the public by the agency having custody of
the child as necessary and appropriate for the protection of the public and
the apprehension of the delinquent child whether or not the juvenile record
is confidential or open.
F. Except as otherwise required by state or federal law, the confidential
records listed in subsection A of this section may only be inspected, released,
disclosed, corrected or expunged pursuant to an order of the court. Except
as otherwise provided in Section 601.6 of this title or any provision of this
chapter, no subpoena or subpoena duces tecum purporting to compel disclosure
of confidential information or any confidential juvenile record shall be valid.
G. 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 review of the records by the court and a determination
by the court, with due regard for the confidentiality of the records and the
privacy of persons identified in the records, that a compelling reason exists
and such inspection, release or disclosure is necessary for the protection
of a legitimate public or private interest.
Except for district attorney records, any court order authorizing
the disclosure, release or inspection of a confidential juvenile record may
be conditioned on such terms and restrictions as the court deems necessary
and appropriate.
H. Upon receiving a written request for inspection, release, disclosure,
or correction of a juvenile record, the court shall determine whether the record
of a juvenile falls under one of the exceptions listed in subsection C of this
section. If the record falls under one of the exceptions in subsection C of
this section, the court shall issue an order authorizing inspection, release,
disclosure or correction of the juvenile record. If the release of a juvenile
record is authorized by the court, the Office of Juvenile Affairs shall provide
information to the requestor regarding the location of the juvenile record
to be released.
I. Any agency or person may seek an order from the juvenile court
prohibiting the release of confidential information subject to disclosure without
an order of the court pursuant to Section 620.6 of this title or any provision
of this chapter. The court may, for good cause shown, prohibit the release
of such information or authorize release of the information upon such conditions
as the court deems necessary and appropriate.
J. In accordance with the provisions of the Serious and Habitual
Juvenile Offender Act and Section 620.6 of this title:
1. Information included in the records listed in subsection A
of this section may be entered in and maintained in the Juvenile Justice Information
System and other automated information systems related to services to children
and youth whether or not the record is confidential or open; and
2. The information systems may be accessed by participating agencies
as defined by this chapter or as otherwise provided by law.
K. The court may authorize a designated person to review juvenile
court confidential reports and records and collect statistical information
and other abstract information for research purposes. Such authorization shall
be in writing and shall state specifically the type of information which may
be reviewed and reported.
Each person granted permission to inspect confidential reports
and records for research purposes shall present a notarized statement to the
court stating that the names of juveniles, parents and other persons as may
be required by the court to be confidential will remain confidential.
L. Nothing contained in the provisions of Section 620.6 of this
title or any provision of this chapter shall be construed as:
1. Authorizing the inspection of records or the disclosure of
information contained in records relating to the provision of benefits or services
funded, in whole or in part, with federal funds, except in accord with federal
statutes and regulations governing the receipt or use of such funds;
2. Authorizing the disclosure of information required to be kept
confidential by Section 7505-1.1, 7506-1.1 or 7510-1.5 of this title, the Oklahoma
Adoption Code or disclosure of any other confidential record pursuant to the
provisions of this chapter;
3. Abrogating any privilege, including the attorney-client privilege,
or affecting any limitation on such privilege found in any other statutes;
4. Limiting or otherwise affecting access of parties to a juvenile
proceeding to any records filed with or submitted to the court;
5. Limiting or otherwise affecting access of agencies to information
subject to disclosure, review or inspection by contract or as a condition for
the receipt of public funds or participation in any program administered by
the agency;
6. Prohibiting the Department of Juvenile Justice from summarizing
the outcome of an investigation to the person who reported a known or suspected
instance of child abuse or neglect; or
7. Prohibiting the person or agency conducting a preliminary inquiry
relating to an alleged delinquent act from providing information, as to the
disposition of the matter by the district attorney, to the person or agency
which referred the matter, including but not limited to whether a petition
was filed or an alternative action taken, and the basis for such action and
the terms of any agreement entered into by the child for payment of restitution,
and including but not limited to provisions for community services.
M. The confidential records listed in subsection A of this section
may be inspected and their contents disclosed without a court order to a school
district in which the child who is the subject of the record is currently enrolled
or has been presented for enrollment. The inspection of records and disclosure
authorized by this subsection may be limited to summaries or to information
directly necessary for the purpose of such inspection or disclosure. Upon request
by the school district, the agency in possession of the records shall provide
in writing, digitally, or by delivery to a secure facsimile line, the requested
information to the school district within five (5) business days upon receipt
of the request. Any records disclosed as provided by this subsection shall
remain confidential. The use of any information shall be limited to the purposes
for which disclosure is authorized.
§ 7307-1.3. Inspection and disclosure of confidential records without court order
A. In accordance with the rules adopted pursuant to the
Serious and Habitual Juvenile Offender Act and Section 620.6 of this title,
the confidential records listed in subsection A of Section 7307-1.2 of this
title may be inspected and their contents disclosed without a court order
to:
1. Participating agencies;
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 by the
Department of Juvenile Justice 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.
B. Records and their contents disclosed without an order of the
court as provided by 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 subsection shall, upon conviction, be guilty of a misdemeanor.
§ 7307-1.4. Inspection and disclosure of juvenile court records without court order
A. Juvenile court records which are confidential 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 lawful duties:
1. The judge having the child currently before the court in any
proceeding pursuant to the Oklahoma Juvenile Code, or any judge of the district
court or tribal court to which such 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;
3. Members of review boards established pursuant to Sections 1116.2
and 1116.6 of this title. In addition to juvenile court records, any member
of such review boards may inspect, without a court order, information including
but 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 and the employees of an office of a district
attorney in the course of their official duties;
5. The attorney representing a child who is the subject of a juvenile
proceeding pursuant to the provisions of this chapter. The attorney representing
a child or considering representing a child in a juvenile proceeding may also
access other records listed in subsection A of Section 7307-1.2 of this title
for use in the legal representation of the child;
6. Employees of juvenile bureaus in the course of their official
duties;
7. Employees of the Department of Juvenile Justice in the course
of their official duties;
8. 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;
9. The Oklahoma Commission on Children and Youth;
10. The Department of Juvenile Justice or other public or private
agency or any individual having court-ordered custody or custody pursuant to
Department of Juvenile Justice placement of the child who is the subject of
the record;
11. The Department of Human Services;
12. The child who is the subject of the record and the parents,
legal guardian, legal custodian or foster parent of said child;
13. Any 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 due to the child being 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; provided such Indian tribe member,
in the course of official duties:
a. is 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. is providing services to or for the
benefit of a child including
but not limited to protective, emergency,
social and medical
services;
14. Any federally recognized Indian tribe in which 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 pursuant
to the provisions of this subsection shall include all case records, reports
and documents as defined in this chapter;
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;
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;
19. Employees of the United States Probation Office, in the course
of their official duties; and
20. Domestic violence and sexual assault advocates employed by
a certified domestic violence or sexual assault program pursuant to Section
18p-6 of Title 74 of the Oklahoma Statutes, working within a law enforcement
agency or court in the course of their assigned 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.
§ 7307-1.5. 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 7307-1.2
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 Department
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. 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;
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, 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;
16. 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; and
17. Employees of the Department of Corrections 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.
§ 7307-1.6. Fingerprinting of persons under 18
The fingerprinting of persons under eighteen (18) years of
age shall be as prescribed by law for the fingerprinting of adults, except
as specified by the provisions of this section.
1. When a child is detained or arrested in the course of an investigation
of a criminal offense and:
a. a comparison of the fingerprints of
the child with fingerprints
found during the investigation of the
offense is negative, or
b. a court finds that the child did not
commit the alleged offense,
all law enforcement records of the arrest and, if applicable, juvenile court
and agency records shall be amended to reflect said facts immediately after
the comparison or court finding;
2. Fingerprints obtained pursuant to this section shall be retained
in a central state depository and in a local depository maintained by a duly
constituted law enforcement agency;
3. Fingerprints obtained and maintained pursuant to this section
may be used only by law enforcement officers for comparison purposes in connection
with the investigation of a crime or to establish identity in instances of
death, serious illness, runaways, or emergency; and
4. If a child is reported to a law enforcement agency as a missing
child or a custodial parent, legal guardian or legal custodian of a child requests
the issuance of a fingerprint card pursuant to the provisions of the Oklahoma
Minor Identification Act, the provisions of the Oklahoma Minor Identification
Act shall apply. With the voluntary and informed consent of the parent, legal
guardian or legal custodian of the child, fingerprints obtained and maintained
pursuant to the Oklahoma Minor Identification Act may be used by law enforcement
officers as provided by paragraph 3 of this section.
§ 7307-1.9. Procedures for providing certain records to sheriffs--Confidentiality
The Office of Juvenile Affairs shall, in cooperation with sheriffs in this state, develop procedures for providing timely and relevant information to sheriffs concerning juvenile court records and agency records of persons who have met the criteria specified in paragraph 5 of subsection C of Section 7307-1.2 of Title 10 of the Oklahoma Statutes. The procedures shall be designed to provide the type of information useful and relevant to establishing security level requirements for persons in the custody of a sheriff. The provisions of this section shall not require the disclosure of any records or information which is required by law to be kept confidential.
TITLE 70. SCHOOLS
DIVISION I. SCHOOL CODE OF 1971
CHAPTER 1. SCHOOL CODE OF 1971
ARTICLE XXIV. MISCELLANEOUS
70 Okl. St. § 24-101.4 (2009)
§ 24-101.4. Disclosure of disciplinary and nondirectory educational records
A. A school district in which a student is enrolled or
is in the process of enrolling in may request the student's education records
from any school district in which the student was formerly enrolled to ascertain
safety issues with incoming students and ensure full disclosure. A district
that receives a request for the education records of a student who formerly
was enrolled in the district shall forward the records within three (3) business
days of receipt of the request. The records shall include the student's disciplinary
records. Disciplinary records shall include but not be limited to all information
that relates to a student assaulting, carrying weapons, possessing illegal
drugs, including alcohol, and any incident that poses a potential dangerous
threat to students or school personnel. The forwarding and disclosure of
disciplinary records or other education records to a school district in which
a student seeks or intends to enroll shall be in accordance with the annual
notification requirements and provisions of the Family Educational Rights
and Privacy Act of 1974 (FERPA).
B. Each school district shall be required to release nondirectory
educational records to the agencies listed in Section 620.3 of Title 10 of
the Oklahoma Statutes. The release of any records shall be in accordance with
the provisions of FERPA. The term "nondirectory educational records" shall
be those records maintained by the school regarding a child who is or has been
a student at the school which are categorized as private or confidential records
pursuant to FERPA.
C. The State Board of Education shall promulgate rules for monitoring
school districts for compliance with this section and providing sanctions for
noncompliance with this section. The Board shall inform school districts of
their statutory responsibilities for compliance with FERPA. Enforcement and
sanctions shall be as provided by the federal requirements under FERPA.
TITLE 70. SCHOOLS
DIVISION I. SCHOOL CODE OF 1971
CHAPTER 1. SCHOOL CODE OF 1971
ARTICLE V. SCHOOL DISTRICTS AND BOARDS OF EDUCATION
70 Okl. St. § 5-144 (2009)
§ 5-144. Filing of information or indictment--Notification of superintendent
A. If in the course of an investigation it is discovered
that a person charged in an information or indictment with a felony or violent
misdemeanor is a student or employee of a school district or a public school
in the state, or an employee working on school property for an entity that
provides services to a school district or a public school on school property,
with due regard for the provisions of subsection C of Section 7307-1.2 of
Title 10 of the Oklahoma Statutes, the district attorney shall notify the
superintendent of the district of the charges filed against the student or
employee.
B. The school district may take any action it deems necessary
that is in compliance with the requirements of the Family Educational Rights
and Privacy Act of 1974 with regard to such information.