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Oklahoma Department of Human Services
Stronger Families Grow Brighter Futures
Oklahoma Department of Human Services
Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd. • Oklahoma City, OK 73105
(405) 521-3646 • Fax (405) 521-6684 • Internet: www.okdhs.org
 
 
340:75-1-42. Client Information confidentiality
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1 through • 9

 

Revised 7-1-11

 

(a) Oklahoma Department of Human Services (OKDHS) records.  All Child Welfare (CW) records and information are confidential pursuant to State and Federal statutes and regulations.  [10A O.S. §§ 1-6-101 through 1-6-108 and 45 CFR Part 1340]  These statutes mandate that records prepared, obtained, or maintained by OKDHS are confidential with regard to a child who is or has been under its care, custody, or supervision or to a family member or other person living in the home of such child.

  • (1) Any record made in the course of a referral, assessment, or 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, and includes 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.  • 1 through 5

(b) Adoption records.  All papers and records pertaining to adoption are confidential as required by Section 7505-1.1 of Title 10 of the Oklahoma Statutes.  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.  [OAC 340:75-15-103]  Records regarding adoption subsidy assistance are confidential.  When required after finalization of the adoption of a child in OKDHS custody, CFSD Post Adoption Services Section releases social and medical history that does not identify the adoptive family.  • 6 & 7

(c) HIV/AIDS information.  Refer to OAC 340:75-1-110 through  OAC 340:75-1-120 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 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 medical records of the child.

INSTRUCTIONS TO STAFF 340:75-1-42

 

Revised 7-1-11

 

1.  When there is a concern or question regarding access to or the release of information, the Child Welfare (CW) worker consults the CW supervisor.  The county director and Children and Family Services Division (CFSD) are also available for consultation.

2.  Oklahoma Department of Human Services (OKDHS) employees are responsible for ensuring case information, whether recorded or unrecorded, is treated in a professional manner consistent with this Section.  All paper records, when not in use, are stored in locked files.  CW staff are responsible for the physical protection of the local case record.  Paper records regarding employees are stored by the county director in a locked file.  On-line computer data regarding employees or their relatives is restricted and only accessible to employees with certain security levels or workers and supervisors currently assigned to the case.

3.  Client and case record data stored in computer systems and available through various reports, screen prints, and other printouts is confidential and is protected in the same manner.  Passwords and sign-on codes are confidential and are not exchanged among staff or posted.  Computers are not left unattended without first entering the sign-off code.  When a case is accessed, the screen is immediately cleared when desired information is obtained.  Under no circumstances is the terminal left, even momentarily, with case information showing on the screen.  All data collected and maintained by OKDHS, is owned by and is the responsibility of OKDHS, including electronic messages.  There is no expressed or implied expectation of privacy for users of any OKDHS computer network, computer equipment, or other computer resources.  All data actions or key strokes of users may be monitored at any time.  The person administratively responsible for the computer routinely monitors computer usage in the office ensuring adherence to the practices described in this Section.

4.   Statistical data reports are not considered confidential and may be released when the data:

(1) does not identify an individual, or family; or

(2) is a summary of a situation that does not identify an individual or family.

5.  An emergency or unusual request for the release of case information detailed in OAC 340:75-1-42 through 340:75-1-46 is referred to the appropriate CFSD program staff.  CFSD seeks advice from the OKDHS Legal Division when atypical information regarding clients is requested by the court, public officials, investigative units, or law enforcement.

6.  When Oklahoma Commission on Children and Youth (OCCY) requests access to adoption records pertaining to a child in an OKDHS adoptive placement, the CFSD Adoption Section is consulted for direction prior to the release of any information.  Information identifying the adoptive parent is redacted by OKDHS prior to releasing the record to OCCY.

7.   (a) After finalization of the adoption of a child placed by OKDHS, the adoption record is stored in locked storage in the CFSD Adoption Section.

(b) The adoptive family is not identified in any form in the child's birth family record or in reports to the court in the child's deprived court case.

8.   Unless specifically ordered by the court, OKDHS is not authorized to disclose the identity or location of any person who has reported child abuse or neglect.  All identifying data is excluded before such information is produced pursuant to a court order.

9.   OKDHS is not prohibited from providing a summary of allegations and findings of an investigation involving a child care facility that does not disclose identities, but permits evaluation of the facility.



Last Updated:  6/30/2011
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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