Okla. Stat. tit. 10A, § 1-6-103
Inspection of Juvenile Court Records and Department of Human Services Agency Records Without Court Order
Effective Jun 10, 1997Laws 1991, HB 1761, c. 296, § 11, eff. January 1, 1992; Amended by Laws 1993, HB 1479, c. 78, § 1, emerg. eff. April 18, 1993; Amended by Laws 1993, HB 1685, c. 306, § 2, eff. September 1, 1993; Amended by Laws 1995, HB 1978, c. 352, § 59, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1125.2 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1996, HB 2053, c. 200, § 18, eff. November 1, 1996; Amended by Laws 1997, HB 1927, c. 386, § 20, emerg. eff. June 10, 1997 (superseded document available).
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. Members of review boards established pursuant to Section 7003-5.1 et seq. of this title, Child Death Review Board, and multidisciplinary personnel. In addition to juvenile court records, members of such review boards may inspect, without a court order, information including but not be 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. 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;
- 4. 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 A of Section 7112 of this title. Said 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 pursuant to this title, and employees of the Department of Human Services 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 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. Persons and agencies authorized by Section 7005-1.7 of this title;
- 8. The Oklahoma Commission on Children and Youth as provided by Sections 601.2 and 601.6 of this title;
- 9. 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;
- 10. The Office of Juvenile Affairs;
- 11. The child who is the subject of the record and the parents, legal guardian, legal custodian or foster parent of said child;
12. 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 7005-1.1 of this title;
- 13. The Governor or to any person the Governor designates, in writing, and any federal official of the United States Department of Health and Human Services;
- 14. Any member of the Legislature approved by the Speaker of the House of Representatives or the President Pro Tempore of the Senate; and
- 15. 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.
- B. 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 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
Laws 1991, HB 1761, c. 296, § 11, eff. January 1, 1992; Amended by Laws 1993, HB 1479, c. 78, § 1, emerg. eff. April 18, 1993; Amended by Laws 1993, HB 1685, c. 306, § 2, eff. September 1, 1993; Amended by Laws 1995, HB 1978, c. 352, § 59, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1125.2 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1996, HB 2053, c. 200, § 18, eff. November 1, 1996; Amended by Laws 1997, HB 1927, c. 386, § 20, emerg. eff. June 10, 1997 (superseded document available).