Okla. Admin. Code § 340:75-1-44 - Disclosure of client information and records without a court order
(a)
Authorized persons. Client
information or records are, upon request and with verification of the
requester's credentials, disclosed without a court order to the persons or
entities listed in this subsection, pursuant to Section 1-6-103 of Title 10A of
the Oklahoma Statutes.
(1)
Courts. Information and records are disclosed to:
(A) the court having the child currently
before it in any proceeding pursuant to Title 10 or Title 10A of the Oklahoma
Statutes;
(B) any district court or
tribal court to which the proceedings may be transferred;
(C) employees and officers of the court in
the performance of their duties, including but not limited to the guardian ad
litem appointed by the court;
(D)
court-appointed special advocates as defined in Section 1-1-105 of Title 10A of
the Oklahoma Statutes (10A O.S. § 1-1-105), 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 10A O.S. § 1-4-306;
(E) post-adjudication review boards who may
inspect information that includes, but is not limited to:
(i) psychological and medical
records;
(ii) placement history and
information, including the names and addresses of foster parents;
(iii) family assessments;
(iv) individualized service plans;
and
(v) school records;
and
(F) any district
court that has ordered a home study by the Oklahoma Department of Human
Services (OKDHS) in a divorce, annulment, custody matter, guardianship, or any
subsequent proceeding. OKDHS may limit disclosure to summaries or information
directly necessary for the purposes of the disclosure.
(2)
OKDHS employees. Information
and records are disclosed to OKDHS employees acting in the course of their
official duties performed in connection with the implementation or
administration of any program for children, youth, and families. The
administration of programs includes:
(A) any
activity relating to the review, audit, or monitoring of Child Welfare (CW)
service, program, or fiscal performance; and
(B) any activity in connection with potential
or actual criminal, civil, or administrative proceedings relating to CW
services and programs.
(3)
Office of Juvenile System Oversight
employees. Any employee of the Office of Juvenile System Oversight
acting in the course of his or her official duties performed in connection with
any investigation, inquiry, audit, or inspection conducted pursuant to 10 O.S.
§
601.6.
(4)
DHHS employees. Any employee
of the United States Department of Health and Human Services (DHHS) or the
Comptroller General of the United States acting in the course of his or her
official duties performed in connection with any investigation, inquiry, audit,
or inspection conducted pursuant to federal law.
(5)
Office of the District Attorney
employees. Any employee of the Office of the District Attorney acting in
the course of his or her official duties performed pursuant to Title 10A of the
Oklahoma Statutes or in connection with the prosecution of crimes against
children or in the capacity of advisor to a grand jury.
(6)
Office of the Attorney General or
United States Attorney employees. Employees of the Office of the
Attorney General or United States Attorney when acting in the course of their
official duties performed pursuant to Title 10A.
(7)
Attorneys. The attorney
representing a child who is the subject of a proceeding conducted pursuant to
the provisions of Title 10A of the Oklahoma Statutes or other proceeding where
child custody or visitation is at issue.
(8)
Law enforcement officers.
Any law enforcement officer of Oklahoma or another state, or military enclave
with proper identification, who is:
(A)
conducting an investigation of a report of known or suspected child abuse or
neglect or crimes against children; or
(B) determining whether to place an alleged
deprived child in protective custody.
(9)
Child protective services agency
employees. Employees of child protective services agencies in other
states, or military enclave with proper identification, who are:
(A) conducting an investigation of a report
of known or suspected child abuse or neglect or crimes against children;
or
(B) determining whether to place
a child in protective custody.
(10)
Indian tribes. Pursuant to
the Federal Indian Child Welfare Act, Section 1915 et seq. of Title 25 of the
United States Code, and the Oklahoma Indian Child Welfare Act, Section
40 et
seq., of Title 10 of the Oklahoma Statutes, a federally recognized Indian
tribe:
(A) with proper
identification;
(B) in which the
child who is the subject of the records filed with the court is a member or is
eligible to become a member and is the biological child of a member of an
Indian tribe; and
(C) who is
performing the official duties of:
(i)
investigating a report of known or suspected child abuse or neglect or crimes
against children;
(ii) determining
whether to place a child into protective custody;
(iii) providing or supervising services to or
for the benefit of the child, including but not limited to protective,
emergency, medical, and social services; or
(iv) the tribe, tribal court, or tribal CW
program by:
(I) taking jurisdiction or
intervening in the child's case; or
(II) being a party to the juvenile court
proceedings pursuant to the authority provided in the Oklahoma Indian Child
Welfare Act.
(11)
Employees of a statutorily
established juvenile bureau. Employees of a statutorily established
juvenile bureau pursuant to 10A O.S. § 2-4-101 with proper identification
in the course of their official duties.
(12)
Child Death Review Board.
The Child Death Review Board upon the Board's request pursuant to 10 O.S.
§
1150.2.
(13)
Physicians. Any physician
examining a child whom the physician suspects is a victim of child abuse or
neglect.
(14)
Health care or
mental health professionals. Any health care or mental health
professional involved in the evaluation or treatment of the child, the child's
parents, legal guardian, foster parent, custodian, or other family
members.
(15)
Multidisciplinary child abuse team. Members of multidisciplinary
teams or multidisciplinary personnel designated by the administrator of OKDHS
Field Operations Division or Children and Family Services Division are
authorized to review confidential information to:
(A) investigate a report of known or
suspected child abuse or neglect; or
(B) provide services to a child or family who
is the subject of the report.
(16)
Public or private agency.
Any public or private agency or person authorized by OKDHS 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. OKDHS may limit the
disclosure of information and records to a summary of or the information
directly necessary for the purpose of the disclosure.
(17)
OHCA. Any employee of the
Oklahoma Health Care Authority (OHCA) acting in the course of his or her
official duties.
(18)
Medical
Examiner. A medical examiner when determining the cause of death of a
child.
(19)
OJA. Any
employee of the Office of Juvenile Affairs (OJA) acting in the course of his or
her official duties.
(20)
OCCY. Any employee of the Oklahoma Commission on Children and
Youth (OCCY) acting in the course of his or her official duties.
(21)
The Governor of Oklahoma.
The Governor or any person the Governor designates in writing.
(22)
Legislators. Any member of
the legislature approved in writing by the Speaker of the House or the
President Pro Tempore of the Senate.
(23)
Persons or agencies engaging in
research. Persons or agencies engaging in research, provided that the
person or agency:
(A) is employed by or under
contract with the State of Oklahoma and is authorized by OKDHS to conduct the
research; and
(B) ensures that:
(i) all documents containing identifying
information are securely maintained to prohibit unauthorized access;
(ii) identifying information is not included
in any document generated for the research; and
(iii) identifying information is deleted from
documents when the research is completed.
(24)
Foster parents. Information
and records concerning the social, medical, psychological, or educational needs
of a child currently placed with or being considered for placement with foster
parents are disclosed to the foster parents. Foster parents with whom a child
is currently placed are provided a copy of the court-approved individualized
service plan and progress reports.
(25)
Schools. A summary of or
the information directly necessary for the school to know regarding a child
enrolled in the school is disclosed upon the request for the information by the
school. Any information disclosed to the school is kept confidential.
(26)
Department of Corrections
employees. An employee of any federal or state corrections or law
enforcement agency in the performance of the official duties of the employee
concerning pre-sentence 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.
(27)
Adoptions. Any person or agency authorized to receive any paper
record pursuant to the Oklahoma Adoption Code pertaining to a child who is the
subject of an adoption proceeding or relatives who are related to the child
within the third degree of consanguinity.
(28)
Child support enforcement
employees. Employees of OKDHS Oklahoma Child Support Services or other
state child support enforcement agencies 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. Disclosure is limited to information related directly
to the purpose of the disclosure.
(29)
Parent, legal guardian, or
custodian. A parent, legal guardian, or custodian of the child who is
the subject of the records, provided that the records disclosed are limited to
juvenile court records that are records filed with the court. All other agency
records pertaining to or related to any alleged or adjudicated abuse or neglect
of the child may not be inspected or disclosed.
(A) Information about the child is withheld
from the parent only when a court order is in effect that prohibits the parent
from obtaining information about the child.
(B) The parent may not inspect the case
record, but information may be disclosed in accordance with this
Section.
(C) If the child is
removed from the child's home or placement, the child's parent(s) is informed
of the child's general location, but not the specific address.
(D) With the foster parent's consent, the
foster parent's name and address are disclosed when requested as part of the
family reunification effort.
(30)
Youth 18 and older. Any
youth leaving out-of-home placement at the age of 18 or older, or an adult who
was in OKDHS custody as a child, is entitled to the individual's health and
education records maintained in the case record at no cost.
(b)
Disclosure when child is
in need of services. Pursuant to 10A O.S. 1-6-103, OKDHS may disclose
confidential information as necessary to secure appropriate care, treatment,
protection, or supervision of a child alleged to be abused or
neglected.
(c)
Disclosure
limited.
(1) Request for disclosure of
information must be made in writing to OKDHS per OAC
340:75-1-46
and 10 O.S. §§
620.1
through
620.4.
(2) Authorized persons receiving information
are notified at the time of disclosure that the information remains
confidential by law and may not be further disclosed.
(3) Information disclosed is limited to the
specific information or record relevant to the need of the person offered or
requesting confidential information.
(4) OKDHS does not disclose the identity or
location of any person who has reported child abuse or neglect, unless
specifically ordered by the court.
(d)
Media inquiries. The
confidentiality rules for inquiries govern case-specific information and
requests from the public and the media. Inquiries may provide opportunities to
discuss CW programs and services, in general, with the public or media
representatives.
(e)
Disclosure in cases of death or near death of a child. Pursuant to
10A O.S. § 1-6-105, when a person responsible for a child is charged with
committing a crime resulting in the child's death or near death, as defined in
OAC
340:75-3-2,
the best interests of the public are served by public disclosure of information
concerning the investigation of the death or near death of the child and any
other investigations concerning the child or other children living in the same
household.
(1) Any disclosure of information
does not identify or provide, other than the identity of the person criminally
charged:
(A) an identifying description of any
complainant or reporter of child abuse or neglect;
(B) the name of the child victim's siblings
or other children living in the same household;
(C) the parent or other person responsible
for the child; or
(D) any other
member of the household.
(2) At any time seven days after, but no more
than 45 days, from the date the person responsible for the child is criminally
charged, OKDHS, the district attorney, district court clerk, and judge having
jurisdiction over the caseshall upon request, release to the public:
(A) confirmation by OKDHS that a report has
been made concerning the alleged victim or other children living in the same
household and whether an investigation has begun;
(B) confirmation by OKDHS as to whether
previous reports were made and the dates of the reports and a summary of the
previous reports, including:
(i) the dates and
outcomes of any investigations or actions taken by OKDHS in response to a
previous report of child abuse or neglect;
(ii) the specific recommendation made to the
district attorney by OKDHS; and
(iii) any subsequent action taken by the
district attorney; and
(C) the dates of any judicial proceeding
prior to the child's death or near death, including:
(i) specific recommendations made by OKDHS in
any progress reports submitted to the court;
(ii) a summary of each participant's
recommendations made at the judicial proceedings, including recommendations
made at the hearing as related to the custody or placement of the child;
and
(iii) the rulings of the
court.
Notes
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