Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB1113 Latest Draft

Bill / Introduced Version Filed 01/16/2025

                             
 
 
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
SENATE BILL 1113 	By: Prieto 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to the Oklahoma Children ’s Code; 
amending 10A O.S. 2021, Section 1 -4-401, which 
relates to discovery and court rules con cerning 
juvenile proceedings; defining terms; creating 
rebuttable presumption; authorizing court to order 
disclosure of certain information; specifying records 
subject to certain disclosure; authorizing court to 
take certain actions during deprived proceed ings; 
providing for confidentiality of certain information; 
and providing an effective date. 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     10A O.S. 2021, Section 1 -4-401, is 
amended to read as follows: 
Section 1-4-401. A.  The provisions of the Oklahoma Discovery 
Code and the Rules for District Courts of Oklahoma do not apply to 
juvenile proceedings except as provided by this section. 
B.  The court may order the parties to exchange informa tion that 
is not work product and not privileged, including: 
1.  The assessment and investigation records of the Department 
of Human Services; provided, all information that identifies the 
reporter of alleged child abuse or neglect shall be redacted;   
 
 
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2.  Law enforcement reports; 
3.  Any video or audio recording of an interview with the child 
alleged to be deprived; 
4.  Any exhibit any party intends to introduce at trial; and 
5.  The names of any witnesses any party may call and a synopsis 
of the expected testimony. 
C.  The court may in its discretion enter a scheduling order, 
order mediation, and conduct status and settlement conferences as 
needed during deprived proceedings. 
D.  All information produced, exchanged, or used during the 
pendency of the deprive d action is confidential and shall be subject 
to a protective order.  The disclosure or use of the information for 
any other purpose is prohibited except as permitted by law For 
purposes of this section: 
1.  “Confidential record” includes, but is not limit ed to, any 
study, plan, recommendation, assessment, report, or other 
information describing the history, diagnosis, condition, care, 
treatment, or custody regarding a child, or safety analysis records 
that have been prepared and obtained in response to a r eport of 
alleged child abuse or neglect and include assessment reports and 
any other reports to the district attorney with all supporting 
documentation attached and any addendums ; 
2.  “Party” means: 
a. a parent or legal guardian ,   
 
 
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b. the child, and 
c. the guardian ad litem, if any ; and 
3.  “Record” means any written or printed documen t, paper, form, 
log, report, file, or note and any film, photograph, audio tape 
recording, visual tape recording, or computer tape or disk, or 
information entered into and maint ained in an automated or 
computerized information system. 
C.  1.  There shall be a rebuttable presumption that full 
disclosure of information to the parties in juvenile proceedings is 
in the best interests of the child.  Such presumption may only be 
rebutted by a preponderance of the evidence. 
2.  Unless the court, by a preponderance of the evidence, finds 
such disclosure is not in the best interests of the child, the court 
shall enter an order which discloses to all parties in the case all 
records that are necessary and relevant to the court ’s determination 
of the best interests of the child, including any records and 
documents from the Department of Human Services, law enforcement, 
any state agency, or any private organization with information 
relevant to the juvenile proceedings.  The court order shall be of 
the nature of a protecti ve order, prohibiting the parties in the 
juvenile proceedings from disclosing the records to third parties, 
and any information that identifies the reporter of alleged child 
abuse or neglect shall be redacted.   
 
 
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D. The disclosure shall include all records as defined by 
Section 1-6-102 of this title including, but not limited to: 
1.  Written or printed documents; 
2.  Papers, logs, and reports, including safety analysis 
reports; 
3.  Files and case notes; 
4.  Medical records, including any psychological evaluat ions or 
assessments; 
5.  Forensic interviews, including any transcripts or notes 
related to these interviews; 
6.  Films, photographs, and audio or visual tape recordings; 
7.  Handwritten or handprinted notes; 
8.  Any and all evidence provided by collateral references or 
individuals responsible for the child ’s welfare; 
9.  Information entered into and maintained in automated or 
computerized information systems, specifically Kids I ntegrated Data 
System (KIDS) and OnBase; 
10.  All communication within the Depa rtment of Human Services 
regarding the case, including, but not limited to, Microsoft Teams 
communications, e-KIDS system entries, and O nBase documentation; 
11.  Any and all cor respondence related to investigations of 
child abuse or neglect allegations;   
 
 
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12.  Records of any assessments, safety plans, or case 
management documents prepared in response to child abuse and neglect 
allegations; 
13.  All communication between the Departm ent of Human Services 
and the parties, law enforcement, medical professionals, and any 
other third party relevant to the juvenile proceeding; 
14.  Documentation of any services provided or referrals made to 
the family or child involved; 
15.  Records of any home visits, observations, or interactions 
with the child or his or her family; 
16.  Documentation of any case reviews or meetings held 
regarding the child’s case; 
17.  All KIDS contact entries and any and all O nBase records 
related to the case, or the eq uivalent information systems ’ entries 
and records; 
18.  Text messages and email s exchanged between Department of 
Human Services personnel concerning the case; 
19.  Phone records and call logs pertaining to communications 
related to the case; 
20.  Any exhibit any party intends to introduce at trial; and 
21.  The names of any witnesses any party may call and a 
synopsis of the expected testimony. 
E. In addition to the court ’s order from paragraph 2 of 
subsection C of this section , the court may also , in its discretion,   
 
 
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enter a scheduling order, order mediation, and conduct status and 
settlement conferences as needed during deprived proceedings . 
F. All information produced, exchanged, or used during the 
pendency of the deprived action shall be confidential and shall be 
subject to a protective order. The disclosure or use of the 
information for any other purpose is prohibited except as permitted 
by law. 
SECTION 2.  This act shall become effective November 1, 2025. 
 
60-1-687 TEK 1/16/2025 3:44:17 PM