10A Okl.St.Ann. § 2-6-105

Oklahoma Statutes Annotated Currentness

Title 10A. Children and Juvenile Code

Article 2. Oklahoma Juvenile Code

Chapter 6. Records

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 Title 10 of the Oklahoma Statutes. 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 2-6-102 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 Office of Juvenile Affairs 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 Office of Juvenile Affairs or other public or private agency or any individual having court-ordered custody or custody pursuant to Office of Juvenile Affairs 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 FederalIndian 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.

CREDIT(S)

Laws 1995, c. 352, § 180, eff. July 1, 1995; Laws 1996, c. 211, § 6, eff. Nov. 1, 1996; Laws 1997, c. 293, § 33, eff. July 1, 1997; Laws 2000, c. 177, § 12, eff. July 1, 2000; Laws 2005, c. 53, § 2, eff. Nov. 1, 2005; Laws 2007, c. 156, § 2, eff. Nov. 1, 2007. Renumbered from Title 10, § 7307-1.4 and amended by Laws 2009, c. 234, § 96, 190, emerg. eff. May 21,2009.

25 U.S.C.A. § 1901 et seq.

Title 10, § 40 et seq.

HISTORICAL AND STATUTORY NOTES

2009 Main Volume

The 1996 amendment rewrote the section, which prior thereto read:

"A. Juvenile court records may be inspected, and their contents shall be disclosed, without a court order to the following persons upon showing of proper credentials and pursuant to their lawful duties:

"1. The judge having the child currently before the court in any proceeding pursuant to the Oklahoma Juvenile Code, any judge of the 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;

"2. Members of review boards established pursuant to Sections 1116.2 and 1116.6 of Title 10 of the Oklahoma Statutes. 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 chapter;

"4. The attorney representing a child who is the subject of a proceeding pursuant to the provisions of this chapter. Said attorney may also access other records listed in subsection A of Section 7307-1.2 of Title 10 of the Oklahoma Statutes for use in the legal representation of the child;

"5. Employees of juvenile bureaus in the course of their official duties and employees of the Department of Juvenile Justice in the course of their official duties;

"6. Employees of a law enforcement agency in the course of their official duties pertaining to the investigation of a crime committed or alleged to have been committed by a person under eighteen (18) years of age. Records or information disclosed pursuant to this paragraph may consist of summaries or may be limited to the information or records necessary for the purpose of the investigation; provided, records pertaining to any alleged or adjudicated abuse or neglect of the person shall not be inspected or disclosed;

"7. The Oklahoma Commission on Children and Youth;

"8. The Department of Juvenile Justice or other public or private agency or individual having court-ordered custody or custody pursuant to Department of Juvenile Justice placement of the child who is the subject of the record;

"9. The Department of Human Services;

"10. The child who is the subject of the record and the parents, legal guardian, legal custodian or foster parent of said child; and

"11. 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; 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 this article;

"12. 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; and

"13. The chairman of any standing or special committee of the Legislature where a subpoena, authorized by law, has been issued by the committee requesting the records.

"B. Records and their contents disclosed without an order of the court as provided by this section shall remain confidential. The use of such information shall be limited to the purposes for which disclosure is authorized. It shall be unlawful and a misdemeanor for any person to furnish any record or disclose any information contained therein for commercial, political or any other unauthorized purpose."

The 1997 amendment, in subsection A, rewrote paragraph 17, which prior thereto read:

"The chairman of any standing or special committee of the Legislature where a subpoena, authorized by law, has been issued by the committee requesting the records."

, and added paragraph 18.

The 2000 amendment, in subsection A, added paragraph 19; and made other nonsubstantive changes.

Laws 2005, c. 53, § 2, in subsection A, added paragraph 20 and made a nonsubstantive change.

Laws 2007, c. 156, § 2, in subsection A, in paragraph 20, substituted "Section 18p-6 of Title 74" for "Section 3-313 of Title 43A".

Laws 2009, c. 234, § 96, in subsection A, in paragraph 3, substituted "Title 10 of the Oklahoma Statutes" for "this title", in paragraph 5, substituted "2-6- 102" for "7307-1.2", in paragraphs 7 and 10, substituted "Office of Juvenile Affairs" for "Department of Juvenile Justice".

10A Okl. St. Ann. § 2-6-105, OK ST T. 10A § 2-6-105

Current with chapters of the Second Regular Session of the 52nd Legislature    

(2010) effective September 1, 2010.