Library: Policy

340:75-1-45. Child Welfare Services records released pursuant to court order

Revised 7-1-13

(a) Child Welfare Services records released pursuant to a court order. Any record prepared, obtained, or maintained by Child Welfare Services (CWS), with regard to the child who is or was under Oklahoma Department of Human Services (OKDHS) care, custody, or supervision, or a family member, or other person living in the home of the child, may be inspected, released, disclosed, corrected, or expunged pursuant to an order of the court.

(b) Subpoena or subpoena duces tecum invalid for CWS records. A subpoena or subpoena duces tecum to compel testimony or disclosure of CWS information or record is invalid. The procedure to obtain a court order is set forth in Section 1-6-102 of Title 10A of the Oklahoma Statutes.

(1) any study, plan, recommendation, assessment, report made, or authorized to be made by OKDHS for the purpose of determining or describing the history, diagnosis, condition, care, or treatment of the child; or
(2) 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. • 1 through 7

INSTRUCTIONS TO STAFF 340:75-1-45

Revised 7-1-13

1.Procedures for examination of petitions, motions, and compliance with court orders for records.Each district designates a district director or child welfare (CW) supervisor to receive and examine all petitions, motions, orders, and other requests for CW records.The designee:

(1) reads the petition or court order and determines what records are requested;

(2) directs the appropriate personnel to comply with the court directive; and

(3) consults the Legal Division when:

(A) there is a question regarding interpretation of the court order;

(B) an objection needs to be filed; or

(C) other guidance is needed due to an unusual circumstance.

2.Records search process.The CW personnel designated by the district director or CW supervisor:

(1) reads the petition or motion for records and the court order for records to identify the persons about whom records are being ordered;

(2) contacts the attorney who obtained the court order to get identifying information such as date of birth and Social Security number of the subjects of the records when needed;

(3) conducts a KIDS search on each name to identify any KK cases;

(4) conducts an IMS search on each name to identify any OKDHS cases;

(5) conducts an ACES search when the IMS search shows any type of public assistance (PA) case number and uses the PA numbers to do an Option 2 search on ACES; and

(6) contacts the Legal Division for assistance when the search reveals adoption or post adoption assistance cases.

3.Release of safety analysis records.Section 1-6-102(D) of Title 10A of the Oklahoma Statutes (10A O.S. § 1-6-102(D)) applies to family law proceedings where child custody or visitation is at issue and it does not apply to deprived child proceedings governed by a separate discovery statute.When the court, in a family law proceeding, orders CWS to produce records per 10A O.S. § 1-6-102(D) and the party seeking the records is a parent, legal guardian, or child who is the subject of the records:

(1) CWS personnel designated by the district director or CW supervisor prepares one-sided copies of the OKDHS safety analysis records only and delivers them to the court.Safety analysis records are assessment reports and reports to the district attorney with all supporting documentation attached and any addendums prepared in response to child abuse or neglect allegations.Safety analysis records do not include referral information reports.Although the order may state, "all records" or specify only certain or limited records, only the safety analysis records are produced in family law proceedings;

(2) produced to the court are not subject to a judicial review and may be released by the court to the attorneys under a protective order; and

(3) a minimum of five judicial days notice to CWS is required before the records are delivered to the court.

4.Release of records for other proceedings.When a request for OKDHS records is received per 10A O.S. § 1-6-102(E) regarding civil, criminal, or administrative law proceedings that do not pertain to child custody or visitation:

(1) CWS personnel designated by the district director or CW supervisor produces to the court, one-sided copies of all records specified in the court order;

(2) 10A O.S. § 1-6-102(E) applies rather than 10A O.S. § 1-6-102(D) when a party in a family law case is not the subject of the CWS records the court ordered CWS to produce;

(3) records ordered under 10A O.S. § 1-6-102(E) are subject to judicial review prior to the records being released to the attorneys under a protective order; and

(4) a minimum of 20 judicial days notice to OKDHS is required before the records are to be delivered to the court; however, the court has discretion to shorten the notice period when circumstances warrant.

5.Preparing records for delivery to the court.

(1) When the court order directs or pertains to safety analysis records, the designated person copies only:

(A) assessments;

(B) reports to district attorney and all attachments; and

(C) any addendums prepared pursuant to an allegation of child abuse or neglect.

(2) When the court order directs records to be produced when 10A O.S. § 1-6-102(E) applies, the court may direct a portion of the CWS records or all records be produced.When the court has ordered that all CWS records be produced, the designated person:

(A) copies the entire paper file including, but not limited to, all documents, emails, hand written notes, digital video discs (DVD), drawings, and photographs;

(B) redacts from the copies of referrals, all information on each referral that identifies the reporter or the reporter's location and re-copies all redacted pages to ensure the redacted copy cannot be read;

(C) redacts the KIDS Reporter Information section and information in the Incident Description section and elsewhere in the referral that identifies the reporter or report's location.The redacted pages are re-copied to ensure the redacted information cannot be read; and

(D) contacts the Legal Division when:

(i) the court order requests foster home or child care facility investigation records as special redaction rules may apply; or

(ii) assistance is needed.

(3) The CWS person, designated by the district director or CW supervisor prints the entire electronic case records in KIDS in all cases when 10A O.S. § 1-6-102(E) applies and the court order requires all CWS records to be produced; and

(A) sets the printer preferences to copy one-sided before printing the entire electronic record;

(B) redacts the KIDS Reporter Information section of the referral form and information in the Incident Description section of the referral and elsewhere in the referral that identifies the reporter or reporter's location; and

(C) re-copies all redacted pages to ensure that the redacted information cannot be read.

6.Packaging records for delivery to the court.The CWS person designated by the district director or CW supervisor:

(A) places records in an envelope for delivery, with the court order enclosed as the first document in the records envelope, and seals the envelope;

(B) tapes a cover sheet containing court case name and court case number to the outside of the envelope; and

(C) prepares a receipt to be signed by the judge or member of the judge's staff when the records are delivered.

7.Documenting records delivered to the court. The CWS person designated by the district director or CW supervisor:

(A) maintains a records log to track records delivered to the court and to document who received and signed for the records; and

(B) files the copy of the records receipt in each CWS record that has been copied and produced to the court.