An Act
ENROLLED 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, Sect ion 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; a dding exception to certain
disclosure requirements; and providing an effective
date.
SUBJECT: Oklahoma Children’s Code
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 provid ed by this section and
except as otherwise speci fically provided by state and federal laws,
the following records are confidential and shall not be open to the
general public or inspected or t heir contents disclosed:
1. Juvenile court records;
2. Agency records;
3. District attorney’s records;
ENR. S. B. NO. 199 Page 2
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 s ection shall not
apply to statistical inform ation 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 stat e and federal laws pertaining to
education records, medical records, drug or alcohol treatment
records, law enforcem ent, or social service records, t he records
listed in subsection A of this section shall be confi dential and
shall be inspected, released, d isclosed, corrected or expunged only
pursuant to an order of the court. A subpoena or subpoena duces
tecum purporting to compel testimony or disclos ure of such
information or recor d shall be invalid.
D. 1. In a proceeding where the child custody or vis itation is
at issue, the safety analysis records of the Department shall be
produced to the court when a parent, lega l guardian, or child who is
the subject of such record obtains a court order directing the
production of the records.
2. The person or pa rty 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 guardian, o r child who
is the subject of th e 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 confident ial and disclosed only
to the movant, the attorneys of the movant , those
ENR. S. B. NO. 199 Page 3
persons employed by or a cting 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, an d
d. that a copy of the motion is being provided to the
parties, the attorney of the child, if an y, 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 a nalysis records that shall be
substantially in the following for m:
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 disclosure of the safety analysis
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 perm itted to redact or omit
information in its safety analysis record s which may
identify the reporte r 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 parties, 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 .
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d. No confidential information whether contained in
pleadings, briefs, discovery, or other docu ments shall
be filed except under seal with the legend “THIS
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 an y
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 soci al security or tax
ID numbers that may be contained in the Depar tment
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 c ourt.
IT IS SO ORDERED this ___ d ay of _______, 20__.
4. This subsection shall not apply to:
a. deprived child proceedings brought pursuant to t he
Oklahoma Children’s Code,
b. discovery of safety analysis records by a person or
entity who is not the subje ct of those records, or
c. discovery of safety analysis records i n criminal,
other civil, or administrative proceedings.
5. The party who has ob tained a court order for the safety
analysis records of the Department shall provide the Department with
the names and other identifying informa tion concerning the subjects
of the safety analysis records.
6. Upon receipt of a court order to produce its sa fety analysis
records, the Department shall be given a minimum of five (5)
judicial days to deliver the records to the court.
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7. The safety analysis records provided by the De partment 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 t his 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 records exc ept 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 by this s ubsection or other law,
confidential records may be inspected, released, disclos ed,
corrected, or expunged only by the procedure set forth in subsection
E of this section.
E. When confidential records may be relevant in a c riminal,
civil, or administrativ e proceeding, an order of the court
authorizing the inspection, release, disclos ure, correction, or
expungement of confidential records shall be entered by the court
only after a judicial rev iew of the records and a determin ation of
necessity pursuant to t he 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 rea son why the
inspection, release, disclosure, correction, or expun gement 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 m otion, the court shall
set a date for a hearing and shall require notice of not less than
twenty (20) days to th e agency or person holding the records and the
person who is the subject of the record if such person is eighte en
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(18) years of age or older or to the parents of a child less t han
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.
The court may shorten the time allowed fo r notice due to exigent
circumstances;
3. At the hearing, should the court find that a compelling
reason does not exist for the confidential rec ords to be judicially
reviewed, the matter shall be dismissed; otherwise, the court shall
order that the record s be produced for a judicial revi ew. The
hearing may be closed a t 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 iden tified in the records, as to
whether an order should be entered a uthorizing the inspection,
release, disclosure, correction, or expungement of th e records based
upon the need for the protection of a legitimate public or private
interest.
F. The court may, for good cause shown, prohibit t he release of
such confidential records or testimony or authorize a release of the
confidential information or t estimony 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 professional 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 resea rch fee not
exceeding Twenty Doll ars ($20.00) per hour and a copy fee not to
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 indigenc e of a defendant. The
Department shall not be permitted to asses s 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.
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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 reco rds or the disclosure of
information contained in records relating to the provision of
benefits or services fun ded, in whole or in part, with fe deral
funds, except in accord wi th 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 chi ld required to be
kept confidential. The disclosure of such info rmation 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 affecting access of parties to a
deprived proceeding to records filed with or submitted t o the court;
5. Limiting or otherwise affecting access of agencies to
information subject to disclosure, revie w, or inspection by contract
or as a condition for the receipt 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 inst ance of child abuse or neglect o r
to any person providing servic es 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 s uch disclosure is specifically
ordered by the court;
8. Authorizing the disclos ure of a recording or a transcription
of a hotline referral which identifies any person who has reported
an allegation of known or suspected chi ld abuse or neglect, unless
the disclosure is specifically order ed by the court;
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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 disclos e 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 educato r to better provide educational
services and activities for a chi ld 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 providing re cords 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 of the re cords; 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 ag ency records to Department
employees whose official duties 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 purpo ses for
which the disclosure is authorized .
SECTION 2. This act shall become effective November 1, 2021.
ENR. S. B. NO. 199 Page 9
Passed the Senate the 2nd day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the 22nd day of April, 2021.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of th e State of Oklahoma this _________
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __