SB199 HFLR Page 1
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 199 By: Rosino of the Senate
and
Lawson of the House
An Act relating to the Oklahoma Children ’s Code;
amending 10A O.S. 2011, Section 1 -6-102, as last
amended by Section 1, Chapter 256, O.S.L. 2014 (10A
O.S. Supp. 2020, Section 1 -6-102), which relates to
confidential records; adding exception to certain
disclosure requirements; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2011, Section 1 -6-102, as
last amended by Section 1, Chapter 256, O.S.L. 2014 (10A O.S. Supp.
2020, Section 1-6-102), is amended to read as follows :
Section 1-6-102. A. Except as provided by this section and
except as otherwise specifically provided by state and federal laws,
the following records are confidential and shall not be open to the
general public or inspected or their contents disclosed:
1. Juvenile court records;
2. Agency records;
SB199 HFLR Page 2
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. District attorney ’s records;
4. Court Appointed Special Advocate records pertaining to a
child welfare case;
5. Law enforcement records;
6. Nondirectory education records; and
7. Social records.
B. The limitation of subsection A of this section shall not
apply to statistical information and other abstract information
obtained pursuant to the provisions of the Oklahoma Children ’s Code.
C. Except as authorized by Section 620.6 of Title 10 of the
Oklahoma Statutes and this chapter and except as otherwise
specifically provided by state and federal laws pertaining to
education records, medical records, drug or alcohol treatment
records, law enforcement, or social service records, the records
listed in subsection A of this section shall be confidential and
shall be inspected, released, disclosed, corrected or expunged only
pursuant to an order of the court. A subpoena or subpoena duces
tecum purporting to compel testimony or disclosure of such
information or record shall be invalid.
D. 1. In a proceeding where the child custody or visitation is
at issue, the safety analysis records of the Department shall be
produced to the court when a parent, legal guardian, or child who is
the subject of such record ob tains a court order directing the
production of the records.
SB199 HFLR Page 3
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. The person or party seeking the records shall proceed by
filing a motion for production of safety analysis records which
contains the following averments:
a. the movant is a parent, legal gua rdian, or child who
is the subject of the safety analysis records,
b. child custody or visitation is at issue,
c. that upon receipt from the court, the safety analysis
records shall be kept confidential and disclosed only
to the movant, the attorneys of th e movant, those
persons employed by or acting on behalf of the movant
and the attorneys of the movant whose aid is necessary
to the prosecution or defense of the child custody or
visitation issue, and
d. that a copy of the motion is being provided to the
parties, the attorney of the child, if any, and the
guardian ad litem, if any.
3. Upon filing the motion for production of safety analysis
records, the court may, in its discretion, enter an ex parte order
for production of safety analysis records that sha ll be
substantially in the following form:
CONFIDENTIAL RECORDS DISCLOSURE AND PROTECTIVE ORDER
NOW on this _____ day of _________, 20__, the court finds that
child custody or visitation is at issue in the above styled and
numbered proceeding and the discl osure of the safety analysis
SB199 HFLR Page 4
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
records of the Oklahoma Department of Human Services pursuant to
Section 1-6-102 of this title is necessary and relevant to the
court’s determination of the child ’s best interests. The court
therefore orders as follows:
a. The Oklahoma Department of Human Services
(“Department” or “DHS”) shall produce a copy of its
safety analysis records to this court on or before ___
day of _______, 20__.
b. The Department shall be permitted to redact or omit
information in its safety analysi s records which may
identify the reporter of alleged child abuse or
neglect.
c. All information contained in the safety analysis
records of the Department is confidential under
Oklahoma law and shall be disclosed only to the
parties, the attorneys of the p arties, and those
persons employed by or acting on behalf of the parties
and the attorneys of the parties whose aid is
necessary to the prosecution or defense of the child
custody or visitation issue.
d. No confidential information whether contained in
pleadings, briefs, discovery, or other documents shall
be filed except under seal with the legend “THIS
SB199 HFLR Page 5
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
DOCUMENT CONTAINS CONFIDENTIAL INFORMATION AND IS
SUBJECT TO A PROTECTIVE ORDER OF THE COURT ”.
e. No person or entity shall utilize any information
contained in the safety analysis records for any
purpose other than the prosecution or defense of the
child custody or visitation issues in this case.
f. The release by counsel or any other person for any
reason of identifiers such as social security or tax
ID numbers that may be contained in the Department
records and which belong to any person or entity is
strictly prohibited.
g. Any violation of this order shall be subject to
prosecution for contempt of court.
IT IS SO ORDERED this ___ day of _______, 20__.
4. This subsection shall not apply to:
a. deprived child proceedings brought pursuant to the
Oklahoma Children’s Code,
b. discovery of safety analysis records by a person or
entity who is not the subject of those records, or
c. discovery of safety analysis r ecords in criminal,
other civil, or administrative proceedings.
5. The party who has obtained a court order for the safety
analysis records of the Department shall provide the Department with
SB199 HFLR Page 6
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the names and other identifying information concerning the subj ects
of the safety analysis records.
6. Upon receipt of a court order to produce its safety analysis
records, the Department shall be given a minimum of five (5)
judicial days to deliver the records to the court.
7. The safety analysis records provided b y the Department to
the court pursuant to this subsection shall not be subject to
judicial review and shall be released by the court only to the
litigants in the case under a protective order.
8. A court order entered pursuant to this subsection which
purports to require the Department to produce all agency records
shall be deemed to require only the production of the safety
analysis records of the Department.
9. An employee of the Department shall not be compelled to
testify about the safety analysis rec ords except upon a court order
directing such testimony. Any subpoena or subpoena duces tecum
purporting to compel disclosure of safety analysis records or
testimony concerning such records without a court order shall be
invalid.
10. Except as provided b y this subsection or other law,
confidential records may be inspected, released, disclosed,
corrected, or expunged only by the procedure set forth in subsection
E of this section.
SB199 HFLR Page 7
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
E. When confidential records may be relevant in a criminal,
civil, or administrative proceeding, an order of the court
authorizing the inspection, release, disclosure, correction, or
expungement of confidential records shall be entered by the court
only after a judicial review of the records and a determination of
necessity pursuant to the following procedure:
1. A petition or motion shall be filed with the court
describing with specificity the confidential records being sought
and setting forth in detail the compelling reason why the
inspection, release, disclosure, correction, or expungement of
confidential records should be ordered by the court. A petition or
motion that does not contain the required specificity or detail may
be subject to dismissal by the court;
2. Upon the filing of the petition or motion, the court shall
set a date for a hearing and shall require notice of not less than
twenty (20) days to the agency or person holding the records and the
person who is the subject of the record if such person is eighteen
(18) years of age or older or to the parents of a chil d less than
eighteen (18) years of age who is the subject of the record, to the
attorneys, if any, of such person, child or parents and any other
interested party as ordered by the court. The court may also enter
an ex parte order compelling the person or agency holding the
records to either produce the records to the court on or before the
date set for hearing or file an objection or appear for the hearing.
SB199 HFLR Page 8
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
The court may shorten the time allowed for notice due to exigent
circumstances;
3. At the hearing, should the court find that a compelling
reason does not exist for the confidential records to be judicially
reviewed, the matter shall be dismissed; otherwise, the court shall
order that the records be produced for a judicial review. The
hearing may be closed at the discretion of the court; and
4. The judicial review of the records shall include a
determination, with due regard for the confidentiality of the
records and the privacy of persons identified in the records, as to
whether an order should be e ntered authorizing the inspection,
release, disclosure, correction, or expungement of the records based
upon the need for the protection of a legitimate public or private
interest.
F. The court may, for good cause shown, prohibit the release of
such confidential records or testimony or authorize a release of the
confidential information or testimony upon such conditions as the
court deems necessary and appropriate, subject to the provisions of
this section.
G. Any public or private agency, entity, or prof essional person
required to produce confidential records pursuant to this section
may require payment of fees from the party seeking the records prior
to any records being produced, including a research fee not
exceeding Twenty Dollars ($20.00) per hour an d a copy fee not to
SB199 HFLR Page 9
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
exceed fifty cents ($0.50) per page and Five Dollars ($5.00) per
copy of each video tape or disk; provided, the court may waive such
costs in a criminal action based upon indigence of a defendant. The
Department shall not be permitted to assess fees for records
produced pursuant to subsection D of this section or in the
provision of records to the Office of Juvenile Affairs pursuant to
paragraph 13 of subsection H of this section.
H. Nothing in Section 620.6 of Title 10 of the Oklahoma
Statutes and this chapter shall be construed as:
1. Authorizing the inspection of records or the disclosure of
information contained in records relating to the provision of
benefits or services funded, in whole or in part, with federal
funds, except in accord with federal statutes and regulations
governing the receipt or use of such funds;
2. Authorizing the disclosure of papers, records, books or
other information relating to the adoption of a child required to be
kept confidential. The disclosure of s uch information shall be
governed by the provisions of the Oklahoma Adoption Code;
3. Abrogating any privilege, including the attorney -client
privilege, or affecting any limitation on such privilege found in
any other statutes;
4. Limiting or otherwise a ffecting access of parties to a
deprived proceeding to records filed with or submitted to the court;
SB199 HFLR Page 10
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
5. Limiting or otherwise affecting access of agencies to
information subject to disclosure, review, or inspection by contract
or as a condition for the re ceipt of public funds or participation
in any program administered by the agency;
6. Prohibiting the Department of Human Services from
summarizing the outcome of an investigation to the person who
reported a known or suspected instance of child abuse or n eglect or
to any person providing services to a child who is or is alleged to
be a victim of child abuse;
7. Authorizing the disclosure of information which identifies
any person who has reported an allegation of known or suspected
child abuse or neglect unless such disclosure is specifically
ordered by the court;
8. Authorizing the disclosure of a recording or a transcription
of a hotline referral which identifies any person who has reported
an allegation of known or suspected child abuse or neglect, unl ess
the disclosure is specifically ordered by the court;
9. Prohibiting the Department of Human Services from providing
a summary of allegations and findings of an investigation involving
a child care facility that does not disclose identities but that
permits parents to evaluate the facility;
10. Prohibiting the disclosure of confidential information to
any educational institution, facility, or educator to the extent
necessary to enable the educator to better provide educational
SB199 HFLR Page 11
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
services and activities f or a child and provide for the safety of
students;
11. Prohibiting the Department from obtaining, without a court
order, nondirectory education records pertaining to a child in the
legal custody of the Department;
12. Prohibiting the Department from prov iding records to a
federally recognized Indian tribe for any individual who has applied
for foster care placement, adoptive placement, or guardianship
placement through the tribe; provided, that the tribe shall be
required to maintain the confidentiality o f the records; or
13. Prohibiting the Department from providing records to the
Office of Juvenile Affairs for any individual who has applied for
foster care; or
14. Prohibiting the disclosure of agency records to Department
employees whose official dutie s include the audit or investigation
of programs, services, administrative or employment matters
involving the Department or the Medicaid program; provided, the
records and information accessed must be limited to the purposes for
which the disclosure is au thorized.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON CHILDREN, YOUTH AND FAMILY
SERVICES, dated 03/30/2021 - DO PASS.