SECTION 340:75-1-42. Client Information confidentiality

(a)   Oklahoma Department of Human Services (OKDHS) records. Per Section 1-6-101 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-6-101) and Part 1340 of Title 45 of the Code of Federal Regulations (45 CFR Part 1340), Child Welfare (CW) records and information are confidential. These statutes mandate that records prepared, obtained, or maintained by OKDHS are confidential with regard to the child who is or has been under OKDHS care, custody, or supervision or to a family member or other person living in the home of the child.

(1)   Any record made in the course of a referral, assessment, investigation, or inquiry by OKDHS to determine whether a child is or may be deprived is confidential and not open to public inspection.

(2)   The term "record" means any written or printed document, 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 maintained in an automated or computerized information system.

(3)   Confidential CW records include 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 report of alleged child abuse or neglect and include assessment reports and reports to the District Attorney with all supporting documentation attached and any addendums.

(4)   The contents of OKDHS records cannot be disclosed without a court order except to certain persons or entities authorized by statute. CW case-specific information is not subject to the Oklahoma Open Records Act. Child Welfare neither confirms nor denies that a specific child abuse or neglect investigation is in process or that CW services are provided to a specific child or family member unless the criteria specified per OAC 340:75-1-44(e) is met regarding the death or near death of a child.

(b)   Adoption records. All papers and records pertaining to adoption are confidential as required by 10 O.S. § 7505-1.1. The OKDHS adoption case record includes the child's case file and the adoptive home file. When the adoptive placement is authorized, the child's case file and the adoptive home file become part of the adoption record, perOAC 340:75-15-103. Records regarding adoption subsidy assistance are confidential. When required after finalization of the adoption of a child in OKDHS custody, Post Adoption Services Section releases social and medical history that does not identify the adoptive family.

(c)   HIV/AIDS information. Refer to OAC 340:75-1-113 through 340:75-1-114 for rules regarding Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (HIV/AIDS) confidentiality and the release of confidential information.

(d)   Disclosure of information to persons or agencies providing professional services.

(1)   Pursuant to 10A O.S. § 1-2-107, OKDHS may provide information to a person or agency providing professional services such as a medical examination of or therapeutic intervention with a victim of abuse or neglect. This information may include, but is not limited to:

(A)   the investigative determination; or

(B)   the services offered and provided.

(2)   OKDHS provides information including the investigative determination, the services offered or provided, and such other information deemed necessary by OKDHS, to any hospital or any physician, including, but not limited to, doctors of medicine and dentistry, licensed osteopathic physicians, residents and interns, reporting the abuse or neglect of a child pursuant to 10A O.S. § 1-2-101. The information is entered and maintained in the child's medical records.

[Source: Added at 12 Ok Reg 237, eff 10-17-94 (emergency); Added at 12 Ok Reg 1183, eff 5-11-95; Amended at 13 Ok Reg 1543, eff 4-2-96 (emergency); Amended at 14 Ok Reg 2288, eff 6-12-97; Amended at 15 Ok Reg 189, eff 11-1-97 (emergency); Amended at 15 Ok Reg 1661, eff 5-11-98; Amended at 19 Ok Reg 2208, eff 6-27-02; Amended at 27 Ok Reg 1092, eff 3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10; Amended at 28 Ok Reg 894, eff 7-1-11; Amended at 30 Ok Reg 839, eff 7-1-13]