Library: Policy

DHS:2-25-9. Privileged/confidential communications

Revised 6-24-19

(a) Communications between Oklahoma Department of Human Services (DHS) Legal Services (LS) personnel and DHS officials and employees are privileged to the maximum extent allowed by law when made for the purpose of securing or rendering legal advice or professional legal services on behalf of DHS and the:

(1) communication concerns a pending investigation, claim, action, or proceeding;

(2) communication is made as directed by DHS rules or regulations or by a DHS official authorized to request legal services;

(3) subject matter of the communication is within the scope of the duties of the DHS official or employee making the communication; and

(4) communication is intended to be kept confidential and is disclosed only to those persons reasonably necessary for the transmission of the communication or those persons who, because of the DHS structure, need to know its contents.

(b) The legal privilege attached to certain communications, described in this Section, is held by DHS and may be waived only by the DHS Director.Unauthorized disclosure of privileged communications is strictly prohibited.All documents containing privileged communications are clearly marked or otherwise identified as "privileged" or "confidential."

(c) Documents prepared in anticipation of litigation or for trial by or for a LS attorney, a DHS official authorized to request legal services, or a person engaged to assist in the legal defense of DHS, are confidential.LS litigation files and investigative reports are not subject to disclosure under the Oklahoma Open Records Act, per Section 24A.12 of Title 51 of the Oklahoma Statutes.Documents obtained by LS personnel in the course of their official duties may be confidential pursuant to other law.