Okla. Stat. tit. 10A, § 10A-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;

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

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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 obtains a court order directing the

production of the records.

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 guardian, 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 the 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 shall 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 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 permitted to redact or omit

information in its safety analysis records which may

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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 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.
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.

d. No confidential information whether contained in

pleadings, briefs, discovery, or other documents 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 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 records 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

the names and other identifying information concerning the subjects

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 by 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

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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 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 by 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.

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
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 child 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.

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 entered authorizing the inspection,

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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 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 research fee not

exceeding Twenty Dollars ($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 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 such 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 affecting access of parties to a

deprived proceeding to records filed with or submitted to the court;

5. Limiting or otherwise affecting access of agencies to
all 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 to the court;

5. Limiting or otherwise affecting access of agencies to

information subject to disclosure, review, 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 instance of child abuse or neglect 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

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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, unless

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

services and activities for 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 providing 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 of the records;

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 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 purposes for

which the disclosure is authorized.