{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-6-102","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-6-102","heading":"Confidential records","body":"A. Except as provided by this section and except as otherwise\n\nspecifically provided by state and federal laws, the following\n\nrecords are confidential and shall not be open to the general public\n\nor inspected or their contents disclosed:\n\n1. Juvenile court records;\n\n2. Agency records;\n\n3. District attorney’s records;\n\n4. Court Appointed Special Advocate records pertaining to a\n\nchild welfare case;\n\n5. Law enforcement records;\n\n6. Nondirectory education records; and\n\n7. Social records.\n\nB. The limitation of subsection A of this section shall not\n\napply to statistical information and other abstract information\n\nobtained pursuant to the provisions of the Oklahoma Children’s Code.\n\nC. Except as authorized by Section 620.6 of Title 10 of the\n\nOklahoma Statutes and this chapter and except as otherwise\n\nspecifically provided by state and federal laws pertaining to\n\neducation records, medical records, drug or alcohol treatment\n\nrecords, law enforcement, or social service records, the records\n\nlisted in subsection A of this section shall be confidential and\n\nshall be inspected, released, disclosed, corrected or expunged only\n\npursuant to an order of the court. A subpoena or subpoena duces\n\ntecum purporting to compel testimony or disclosure of such\n\ninformation or record shall be invalid.\n\nD. 1. In a proceeding where the child custody or visitation is\n\nat issue, the safety analysis records of the Department shall be\n\nproduced to the court when a parent, legal guardian, or child who is\n\nthe subject of such record obtains a court order directing the\n\nproduction of the records.\n\n2. The person or party seeking the records shall proceed by\n\nfiling a motion for production of safety analysis records which\n\ncontains the following averments:\n\na. the movant is a parent, legal guardian, or child who\n\nis the subject of the safety analysis records,\n\nb. child custody or visitation is at issue,\n\nc. that upon receipt from the court, the safety analysis\n\nrecords shall be kept confidential and disclosed only\n\nto the movant, the attorneys of the movant, those\n\npersons employed by or acting on behalf of the movant\n\nand the attorneys of the movant whose aid is necessary\n\nto the prosecution or defense of the child custody or\n\nvisitation issue, and\n\nd. that a copy of the motion is being provided to the\n\nparties, the attorney of the child, if any, and the\n\nguardian ad litem, if any.\n\n3. Upon filing the motion for production of safety analysis\n\nrecords, the court may, in its discretion, enter an ex parte order\n\nfor production of safety analysis records that shall be\n\nsubstantially in the following form:\n\nCONFIDENTIAL RECORDS DISCLOSURE AND PROTECTIVE ORDER\n\nNOW on this _____ day of _________, 20__, the court finds that\n\nchild custody or visitation is at issue in the above styled and\n\nnumbered proceeding and the disclosure of the safety analysis\n\nrecords of the Oklahoma Department of Human Services pursuant to\n\nSection 1-6-102 of this title is necessary and relevant to the\n\ncourt’s determination of the child’s best interests. The court\n\ntherefore orders as follows:\n\na. The Oklahoma Department of Human Services\n\n(“Department” or “DHS”) shall produce a copy of its\n\nsafety analysis records to this court on or before ___\n\nday of _______, 20__.\n\nb. The Department shall be permitted to redact or omit\n\ninformation in its safety analysis records which may\n\nidentify the reporter of alleged child abuse or\n\nneglect.\n\nc. All information contained in the safety analysis\n\nrecords of the Department is confidential under\n\nOklahoma law and shall be disclosed only to the\n\nparties, the attorneys of the parties, and those\n\npersons employed by or acting on behalf of the parties\n\nand the attorneys of the parties whose aid is\n\nnecessary to the prosecution or defense of the child\n\ncustody or visitation issue.\nor\n\nneglect.\n\nc. All information contained in the safety analysis\n\nrecords of the Department is confidential under\n\nOklahoma law and shall be disclosed only to the\n\nparties, the attorneys of the parties, and those\n\npersons employed by or acting on behalf of the parties\n\nand the attorneys of the parties whose aid is\n\nnecessary to the prosecution or defense of the child\n\ncustody or visitation issue.\n\nd. No confidential information whether contained in\n\npleadings, briefs, discovery, or other documents shall\n\nbe filed except under seal with the legend “THIS\n\nDOCUMENT CONTAINS CONFIDENTIAL INFORMATION AND IS\n\nSUBJECT TO A PROTECTIVE ORDER OF THE COURT”.\n\ne. No person or entity shall utilize any information\n\ncontained in the safety analysis records for any\n\npurpose other than the prosecution or defense of the\n\nchild custody or visitation issues in this case.\n\nf. The release by counsel or any other person for any\n\nreason of identifiers such as social security or tax\n\nID numbers that may be contained in the Department\n\nrecords and which belong to any person or entity is\n\nstrictly prohibited.\n\ng. Any violation of this order shall be subject to\n\nprosecution for contempt of court.\n\nIT IS SO ORDERED this ___ day of _______, 20__.\n\n4. This subsection shall not apply to:\n\na. deprived child proceedings brought pursuant to the\n\nOklahoma Children’s Code,\n\nb. discovery of safety analysis records by a person or\n\nentity who is not the subject of those records, or\n\nc. discovery of safety analysis records in criminal,\n\nother civil, or administrative proceedings.\n\n5. The party who has obtained a court order for the safety\n\nanalysis records of the Department shall provide the Department with\n\nthe names and other identifying information concerning the subjects\n\nof the safety analysis records.\n\n6. Upon receipt of a court order to produce its safety analysis\n\nrecords, the Department shall be given a minimum of five (5)\n\njudicial days to deliver the records to the court.\n\n7. The safety analysis records provided by the Department to\n\nthe court pursuant to this subsection shall not be subject to\n\njudicial review and shall be released by the court only to the\n\nlitigants in the case under a protective order.\n\n8. A court order entered pursuant to this subsection which\n\npurports to require the Department to produce all agency records\n\nshall be deemed to require only the production of the safety\n\nanalysis records of the Department.\n\n9. An employee of the Department shall not be compelled to\n\ntestify about the safety analysis records except upon a court order\n\ndirecting such testimony. Any subpoena or subpoena duces tecum\n\npurporting to compel disclosure of safety analysis records or\n\ntestimony concerning such records without a court order shall be\n\ninvalid.\n\n10. Except as provided by this subsection or other law,\n\nconfidential records may be inspected, released, disclosed,\n\ncorrected, or expunged only by the procedure set forth in subsection\n\nE of this section.\n\nE. When confidential records may be relevant in a criminal,\n\ncivil, or administrative proceeding, an order of the court\n\nauthorizing the inspection, release, disclosure, correction, or\n\nexpungement of confidential records shall be entered by the court\n\nonly after a judicial review of the records and a determination of\n\nnecessity pursuant to the following procedure:\n\n1. A petition or motion shall be filed with the court\n\ndescribing with specificity the confidential records being sought\n\nand setting forth in detail the compelling reason why the\n\ninspection, release, disclosure, correction, or expungement of\n\nconfidential records should be ordered by the court. A petition or\n\nmotion that does not contain the required specificity or detail may\n\nbe subject to dismissal by the court;\n\n2. Upon the filing of the petition or motion, the court shall\n\nset a date for a hearing and shall require notice of not less than\nthe compelling reason why the\n\ninspection, release, disclosure, correction, or expungement of\n\nconfidential records should be ordered by the court. A petition or\n\nmotion that does not contain the required specificity or detail may\n\nbe subject to dismissal by the court;\n\n2. Upon the filing of the petition or motion, the court shall\n\nset a date for a hearing and shall require notice of not less than\n\ntwenty (20) days to the agency or person holding the records and the\n\nperson who is the subject of the record if such person is eighteen\n\n(18) years of age or older or to the parents of a child less than\n\neighteen (18) years of age who is the subject of the record, to the\n\nattorneys, if any, of such person, child or parents and any other\n\ninterested party as ordered by the court. The court may also enter\n\nan ex parte order compelling the person or agency holding the\n\nrecords to either produce the records to the court on or before the\n\ndate set for hearing or file an objection or appear for the hearing.\n\nThe court may shorten the time allowed for notice due to exigent\n\ncircumstances;\n\n3. At the hearing, should the court find that a compelling\n\nreason does not exist for the confidential records to be judicially\n\nreviewed, the matter shall be dismissed; otherwise, the court shall\n\norder that the records be produced for a judicial review. The\n\nhearing may be closed at the discretion of the court; and\n\n4. The judicial review of the records shall include a\n\ndetermination, with due regard for the confidentiality of the\n\nrecords and the privacy of persons identified in the records, as to\n\nwhether an order should be entered authorizing the inspection,\n\nrelease, disclosure, correction, or expungement of the records based\n\nupon the need for the protection of a legitimate public or private\n\ninterest.\n\nF. The court may, for good cause shown, prohibit the release of\n\nsuch confidential records or testimony or authorize a release of the\n\nconfidential information or testimony upon such conditions as the\n\ncourt deems necessary and appropriate, subject to the provisions of\n\nthis section.\n\nG. Any public or private agency, entity, or professional person\n\nrequired to produce confidential records pursuant to this section\n\nmay require payment of fees from the party seeking the records prior\n\nto any records being produced, including a research fee not\n\nexceeding Twenty Dollars ($20.00) per hour and a copy fee not to\n\nexceed fifty cents ($0.50) per page and Five Dollars ($5.00) per\n\ncopy of each video tape or disk; provided, the court may waive such\n\ncosts in a criminal action based upon indigence of a defendant. The\n\nDepartment shall not be permitted to assess fees for records\n\nproduced pursuant to subsection D of this section or in the\n\nprovision of records to the Office of Juvenile Affairs pursuant to\n\nparagraph 13 of subsection H of this section.\n\nH. Nothing in Section 620.6 of Title 10 of the Oklahoma\n\nStatutes and this chapter shall be construed as:\n\n1. Authorizing the inspection of records or the disclosure of\n\ninformation contained in records relating to the provision of\n\nbenefits or services funded, in whole or in part, with federal\n\nfunds, except in accord with federal statutes and regulations\n\ngoverning the receipt or use of such funds;\n\n2. Authorizing the disclosure of papers, records, books or\n\nother information relating to the adoption of a child required to be\n\nkept confidential. The disclosure of such information shall be\n\ngoverned by the provisions of the Oklahoma Adoption Code;\n\n3. Abrogating any privilege, including the attorney-client\n\nprivilege, or affecting any limitation on such privilege found in\n\nany other statutes;\n\n4. Limiting or otherwise affecting access of parties to a\n\ndeprived proceeding to records filed with or submitted to the court;\n\n5. Limiting or otherwise affecting access of agencies to\nall be\n\ngoverned by the provisions of the Oklahoma Adoption Code;\n\n3. Abrogating any privilege, including the attorney-client\n\nprivilege, or affecting any limitation on such privilege found in\n\nany other statutes;\n\n4. Limiting or otherwise affecting access of parties to a\n\ndeprived proceeding to records filed with or submitted to the court;\n\n5. Limiting or otherwise affecting access of agencies to\n\ninformation subject to disclosure, review, or inspection by contract\n\nor as a condition for the receipt of public funds or participation\n\nin any program administered by the agency;\n\n6. Prohibiting the Department of Human Services from\n\nsummarizing the outcome of an investigation to the person who\n\nreported a known or suspected instance of child abuse or neglect or\n\nto any person providing services to a child who is or is alleged to\n\nbe a victim of child abuse;\n\n7. Authorizing the disclosure of information which identifies\n\nany person who has reported an allegation of known or suspected\n\nchild abuse or neglect unless such disclosure is specifically\n\nordered by the court;\n\n8. Authorizing the disclosure of a recording or a transcription\n\nof a hotline referral which identifies any person who has reported\n\nan allegation of known or suspected child abuse or neglect, unless\n\nthe disclosure is specifically ordered by the court;\n\n9. Prohibiting the Department of Human Services from providing\n\na summary of allegations and findings of an investigation involving\n\na child care facility that does not disclose identities but that\n\npermits parents to evaluate the facility;\n\n10. Prohibiting the disclosure of confidential information to\n\nany educational institution, facility, or educator to the extent\n\nnecessary to enable the educator to better provide educational\n\nservices and activities for a child and provide for the safety of\n\nstudents;\n\n11. Prohibiting the Department from obtaining, without a court\n\norder, nondirectory education records pertaining to a child in the\n\nlegal custody of the Department;\n\n12. Prohibiting the Department from providing records to a\n\nfederally recognized Indian tribe for any individual who has applied\n\nfor foster care placement, adoptive placement, or guardianship\n\nplacement through the tribe; provided, that the tribe shall be\n\nrequired to maintain the confidentiality of the records;\n\n13. Prohibiting the Department from providing records to the\n\nOffice of Juvenile Affairs for any individual who has applied for\n\nfoster care; or\n\n14. Prohibiting the disclosure of agency records to Department\n\nemployees whose official duties include the audit or investigation\n\nof programs, services, administrative or employment matters\n\ninvolving the Department or the Medicaid program; provided, the\n\nrecords and information accessed must be limited to the purposes for\n\nwhich the disclosure is authorized.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f9112316e2787d87676cff3f56aab4f36cfe4d26a3b5f26cf6c1d1acfcc8987a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-6-101","next":"us-ok/okla.-stat.-tit.-10a-10a-1-6-103"},"notice":"GroundRules: Original legal text. Not legal advice."}