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Okla. Stat.
§ 7307-1.4
Oklahoma
Statutes
Title
10. Children
Chapter
73. Oklahoma Juvenile Code
Article
VII. Records
§ 7307-1.4. Inspection
and disclosure of juvenile court records without court order
A. Juvenile court records which are confidential may be inspected, and
their contents shall be disclosed, without a court order to the following
persons upon showing of proper credentials and pursuant to lawful duties:
1.
The judge having the child currently before the court in any proceeding
pursuant to the Oklahoma Juvenile Code, or any judge of the district court
or tribal court to which such proceedings may be transferred;
2.
Employees and officers of the court in the performance of their duties,
including
but not limited to guardians ad litem appointed by the court;
3.
Members of review boards established pursuant to Sections 1116.2 and 1116.6
of this title. In addition to juvenile court records, any member of such
review boards may inspect, without a court order, information including
but not limited to:
a.
psychological and medical records,
b.
placement history and information, including the names and addresses of
foster parents,
c.
family assessments,
d.
treatment or service plans, and
e.
school records;
4.
A district attorney and the employees of an office of a district attorney
in the course of their official duties;
5.
The attorney representing a child who is the subject of a juvenile proceeding
pursuant to the provisions of this chapter. The attorney representing
a child or considering representing a child in a juvenile proceeding may
also access other records listed in subsection A of Section 7307-1.2 of
this title for use in the legal representation of the child;
6.
Employees of juvenile bureaus in the course of their official duties;
7.
Employees of the Department of Juvenile Justice in the course of their
official duties;
8.
Employees of a law enforcement agency in the course of their official
duties pertaining to the investigation of a crime committed or alleged
to have been committed by a person under eighteen (18) years of age. Records
or information disclosed pursuant to this paragraph may consist of summaries
or may be limited to the information or records necessary for the purpose
of the investigation;
9.
The Oklahoma Commission on Children and Youth;
10.
The Department of Juvenile Justice or other public or private agency or
any individual having court-ordered custody or custody pursuant to Department
of Juvenile Justice placement of the child who is the subject of the record;
11.
The Department of Human Services;
12.
The child who is the subject of the record and the parents, legal guardian,
legal custodian or foster parent of said child;
13.
Any federally recognized Indian tribe in which the child who is the subject
of the record is a member, or is eligible to become a member of the tribe
due to the child being the biological child of a member of an Indian tribe
pursuant to the Federal Indian Child Welfare Act, P.L. 95-608, [FN1]
and the Oklahoma Indian Child Welfare Act; [FN2]
provided such Indian tribe member,
in the course of official duties:
a.
is investigating a report of known or suspected child abuse or neglect
or crimes against children or for the purpose of determining whether to
place a child in protective custody, or
b.
is providing services to or for the benefit of a child including but not
limited to protective, emergency, social and medical services;
14.
Any federally recognized Indian tribe in which the tribe, the tribal court
or the tribal child welfare program has asserted jurisdiction or intervened
in any case in which the child is the subject of the proceedings or is
a party to the proceedings pursuant to the authority provided in the Oklahoma
Indian Child Welfare Act.
The records that are to
be provided to Indian tribes pursuant to the provisions of this subsection
shall include all case records, reports and documents as defined in this
chapter;
15.
The Governor or to any person the Governor designates, in writing;
16.
Any federal official of the United States Department of Health and Human
Services;
17.
Any member of the Legislature, upon the written approval of the Speaker
of the House of Representatives or the President Pro Tempore of the Senate;
18.
Employees of the Department of Corrections in the course of their official
duties;
19.
Employees of the United States Probation Office, in the course of their
official duties; and
20.
Domestic violence and sexual assault advocates employed by a certified
domestic
violence or sexual assault program pursuant to Section 3-313 of Title
43A of the Oklahoma Statutes, working within a law enforcement agency
or court in the course of their assigned duties.
B.
Records and their contents disclosed without an order of the court as
provided by the provisions of this section shall remain confidential.
The use of any information shall be limited to the purposes for which
disclosure is authorized. It shall be unlawful for any person to furnish
any confidential record or disclose any confidential information contained
in any juvenile record for commercial, political or any other unauthorized
purpose. Any person violating the provisions of this section shall, upon
conviction, be guilty of a misdemeanor.
CREDIT(S)
Laws 1995, c. 352, §
180, eff. July 1, 1995; Laws 1996, c. 211, § 6, eff. Nov. 1, 1996;
Laws 1997, c. 293, § 33, eff. July 1, 1997; Laws 2000, c. 177, §
12, eff. July 1, 2000; Laws 2005, c. 53, § 2, eff. Nov. 1, 2005.
[FN1]
25 U.S.C.A. § 1901 et seq.
[FN2]
Title 10, § 40 et seq.
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