(a) As mandated in 10 O.S. § 620.1 - 620.4, a uniform form, Consent for Release of Information, Form DCYFS-8 (new form number 04MP001E), has been developed by the agencies listed in (1) of this subsection to be utilized when requesting confidential information from each of these agencies.

• (1) Agencies mandated to develop and use the uniform Consent for Release of Information are:
  • (A) Department of Human Services;
  • (B) Department of Mental Health and Substance Abuse Services;
  • (C) State Department of Health;
  • (D) State Department of Education;
  • (E) State Department of Vocational and Technical Education;
  • (F) Oklahoma Commission on Children and Youth;
  • (G) J. D. McCarty Center for Children with Developmental Disabilities; and
  • (H) Department of Corrections.
• (2) The agencies in (1) of this subsection adopted the release form and its guidelines for use in instances and circumstances when agencies need information which is maintained by another of the participating agencies in order to provide services to a child and his or her family.
  • (A) The release does not allow information to be obtained from or released to a participating agency if the information is not otherwise subject to release by written consent.
  • (B) Confidential information maintained by the Department is only released in compliance with state and federal law and agency policy as set forth in OAC 340:75-1-42 through 340:75-1-45.  The signed Form DCYFS-8 (new form number 04MP001E) does not require or further allow release of information except to the extent allowed by DHS policy.  In most circumstances, a Consent for Release of Confidential Information form received by the Department from a participating agency may be treated as a request for disclosure of relevant case information by an authorized service provider entitled to such information without a court order under one or more specific provisions in OAC 340:75-1-42 through 340:75-1-45.
  • (C) The Consent for Release of Information form is not required for an otherwise authorized disclosure, nor does the form alone authorize any disclosure which would be unauthorized under OAC 340:75-1-42 through 340:75-1-45.

(b) When completing the Consent for Release of Information form, it shall be noted that state law allows for medical and/or mental health treatment (with certain exceptions) of some minors without parental consent as provided in 63 O.S. § 2602.  If a minor is legally competent to consent to his or her own treatment, no other person, including a parent, may consent to the release of records relating to such treatment.  Minors who cannot consent for treatment cannot release treatment records.  Consent may only be given by the parents, guardian, or legal custodian.

(c) Appropriate authorizing persons may sign a release for the transfer of a copy of confidential records from one state agency to another.  The release should be dated and notarized or bear the signature of the appropriate agency staff and is only valid for a period of one year.  DHS Form DCYFS-8 (new form number 04MP001E), is used in such situations.  The release is available for use only if such a release of the confidential information is not otherwise prohibited by state or federal law.  Rules and policy of each participating agency should be consulted to ascertain whether or not certain restrictions on transfer may apply to specific types of records maintained by various agencies.