Okla. Stat. tit. 10A, § 1-2-107
Information Provided to Person or Agency Providing Professional Services
Effective Nov 1, 1996Added by Laws 1995, HB 1993, c. 353, § 9, eff. November 1, 1995; Amended by Laws 1996, SB 1207, c. 212, § 2, eff. November 1, 1996.
A. The Department of Human Services may provide information to a person or agency that provides professional services such as medical examination of or therapeutic intervention with a victim of abuse and neglect. This information may include, but is not limited to:
- 1. The investigative determination; or
- 2. The services offered and provided.
- B. The Department shall forward to any hospital or any physician, including, but not limited to, doctors of medicine and dentistry, licensed osteopathic physicians, residents and interns, reporting the physical abuse or sexual abuse of a child pursuant to Section 7103 of this title, information including the investigative determination and such other information deemed necessary by the Department. Such information shall be entered and maintained in the child's medical records.
C.
- 1. The Department of Human Services shall forward to the school principal of the school in which a child is enrolled making a child abuse report pursuant to Section 7103 of this title a summary of any confirmed report of sexual abuse or severe physical abuse of the Department concerning the child. The summary shall include a brief description of the circumstances of sexual abuse or serious physical abuse, the name of the parent or person responsible for the child's health or welfare, and the name of a Department employee who serves as a contact person regarding the case.
- 2. The Department shall not release data that would identify the person who made the initial child abuse or neglect report, other than an employee of the Department, or who cooperated in a subsequent investigation unless a court of competent jurisdiction orders release of the information for good cause shown.
- 3. The school principal shall forward to the receiving school all confirmed reports of sexual abuse and severe physical abuse received from the Department whenever a child transfers from one school district to another, and shall notify the Department of the child's new school, and address, if known.
- 4. Records maintained and transmitted pursuant to this section shall be confidential and shall be maintained and transmitted in the same manner as Special Education records or other such records, pursuant to Title 70 of the Oklahoma Statutes. Access to such records may be made available by the principal or designee to a person designated to assist in the treatment of or with services provided to the child. Such records shall be destroyed when the student reaches eighteen (18) years of age.
- D. The transmission of and access to such records shall not constitute a waiver of confidentiality.
- E. This section shall not be interpreted to allow disclosure of any reports or records relevant to the reports of child abuse if the disclosure would be prohibited by any federal law applicable to the reports or records relevant to the reports of child abuse.
- F. It shall be unlawful pursuant to the Oklahoma Child Abuse Reporting and Prevention Act for the Commission for Human Services, or any employee working under the direction of the Department of Human Services, any other public officer or employee, or any court-appointed special advocate to furnish or permit to be taken off of the records any information therein contained for commercial, political or any other unauthorized purpose.
- G. Any person to whom disclosure is made shall not disclose to any other person reports or other information obtained pursuant to this section.
- H. The Department shall submit the summary of confirmed sexual abuse or severe physical abuse of a child on forms developed by the Department. Such forms shall contain a warning that the information contained therein is confidential and may only be released to a person designated by the principal to assist in the treatment of or with services provided to a child.
Added by Laws 1995, HB 1993, c. 353, § 9, eff. November 1, 1995; Amended by Laws 1996, SB 1207, c. 212, § 2, eff. November 1, 1996.