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Oklahoma Legislature· SB 1659Second Reading referred to Health and Human Services

An act relating to children, the official text

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1                       STATE OF OKLAHOMA

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2                  2nd Session of the 60th Legislature (2026)

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3 SENATE BILL 1659                       By: Jett
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6                       AS INTRODUCED

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7   An Act relating to children; amending 10A O.S. 2021,

7   Section 1-6-103, as amended by Section 1, Chapter

8   215, O.S.L. 2025 (10A O.S. Supp. 2025, Section 1-6-

8   103), which relates to inspection of records without

9   court order; removing certain condition for access by

9   members of the Legislature; updating statutory

10  language; updating statutory reference; and providing

10  an effective date.

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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14  SECTION 1.      AMENDATORY  10A O.S. 2021, Section 1-6-103, as

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15 amended by Section 1, Chapter 215, O.S.L. 2025 (10A O.S. Supp. 2025,
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16 Section 1-6-103), is amended to read as follows:
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17  Section 1-6-103. A. Juvenile court records and Department of

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18 Human Services agency records pertaining to a child may be
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19 inspected, and their contents shall be disclosed, without a court
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20 order to the following persons upon showing of proper credentials
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21 and pursuant to their lawful duties:
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22  1. The court having the child currently before it in any

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23 proceeding pursuant to this title, any district court or tribal
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24 court to which such proceedings may be transferred, employees and
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    Req. No. 3119                                              Page 1
1 officers of the court in the performance of their duties, including,
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2 but not limited to, guardians ad litem appointed by the court, and
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3 court-appointed special advocates;
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4   2. A district attorney, United States Attorney, or Attorney

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5 General of this or another state and the employees of such offices
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6 in the course of their official duties pursuant to this title or the
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7 prosecution of crimes against children, or upon their request in
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8 their official capacity as advisor in a grand jury proceeding;
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9   3. The attorney representing a child who is the subject of a

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10 proceeding pursuant to the provisions of this title or other
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11 proceeding where child custody or visitation is at issue;
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12  4. Employees of juvenile bureaus in the course of their

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13 official duties pursuant to this title, and employees of the
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14 Department of Human Services in the course of their official duties;
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15  5. Employees of a law enforcement agency of this or another

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16 state or military enclave and employees of a child protective
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17 service of another state or military enclave in the course of their
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18 official duties pertaining to investigations of a report of known or
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19 suspected child abuse or neglect or crimes against children or for
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20 the purpose of determining whether to place a child in protective
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21 custody;
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22  6. The Oklahoma Commission on Children and Youth as provided by

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23 Sections 601.2 and 601.6 of Title 10 of the Oklahoma Statutes;
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24  7. The Office of Juvenile Affairs;

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    Req. No. 3119                                             Page 2
1   8. A federally recognized Indian tribe in which the child who

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2 is the subject of the record is a member or is eligible to become a
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3 member of the tribe and is the biological child of a member of an
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4 Indian tribe pursuant to the provisions of the Federal federal
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5 Indian Child Welfare Act of 1978 and the Oklahoma Indian Child
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6 Welfare Act; provided such Indian tribe, in the course of its
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7 official duties, is:
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8   a. investigating a report of known or suspected child

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9                  abuse or neglect or crimes against children or for the

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10                 purpose of determining whether to place a child in

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11                 protective custody,

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12  b. providing services to or for the benefit of a child

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13                 including, but not limited to, protective, emergency,

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14                 social, and medical services, or

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15  c. the tribe, the tribal court, or the tribal child

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16                 welfare program has asserted jurisdiction or

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17                 intervened in any case in which the child is the

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18                 subject of the proceedings or is a party to the

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19                 proceedings pursuant to the authority provided in the

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20                 Oklahoma Indian Child Welfare Act.

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21  The records that are to be provided to Indian tribes under this

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22 subsection shall include all case records, reports, and documents as
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23 defined in Section 1-6-101 of this title;
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    Req. No. 3119                                                Page 3
1   9. The Governor or to any person the Governor designates, in

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2 writing;
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3   10. Any federal official of the United States Department of

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4 Health and Human Services;
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5   11. Any member of the Legislature approved in writing by the

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6 Speaker of the House of Representatives or the President Pro Tempore
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7 of the Senate in the course of their official duties;
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8   12. A foster parent, with regard to records concerning the

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9 social, medical, psychological, or educational needs of a child
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10 currently placed with that foster parent or of a child being
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11 considered for placement with that foster parent;
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12  13. An employee of any state or federal corrections or law

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13 enforcement agency in the performance of the official duties of the
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14 employee concerning presentence investigations or supervision of a
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15 parent of an alleged or adjudicated deprived child, or the legal
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16 guardian, custodian, or any other adult member of the child's home
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17 who is responsible for the health, safety, or welfare of the child;
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18  14. An employee of a state agency of this or another state in

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19 the performance of the official duties of the employee concerning
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20 the establishment of paternity or the establishment or enforcement
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21 of a child support order or other entitlement for the benefit of a
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22 child; provided, disclosure shall be limited to information directly
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23 related to the purpose of such disclosure;
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    Req. No. 3119                                        Page 4
1   15. Any member of a city-county Health Department health

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2 department Fetal Infant Mortality Review (FIMR) in the performance
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3 of the official duties of the member concerning investigations of
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4 fetal and infant mortalities; provided, disclosure shall be limited
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5 to information directly related to the purpose of such disclosure;
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6   16. Any designated federal authorities at the federal military

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7 installation where a service member is assigned, when the child is a
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8 member of an active duty military family, as provided by paragraph 4
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9 of subsection A of Section 1-2-102 of this title;
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10  17. Any member of the Child Welfare Review Committee for the

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11 Death and Near Death of Children With Disabilities as established by
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12 Section 1-10-103 of this title; and
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13  18. The Office of Client Advocacy within the State Department

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14 of Health.
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15  B. In addition to the persons listed in subsection A of this

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16 section, juvenile court records may be inspected, and their contents
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17 shall be disclosed, without a court order to the following persons
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18 upon showing of proper credentials and pursuant to their lawful
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19 duties:
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20  1. Employees of court-appointed special advocate programs, as

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21 defined in Section 1-1-105 of this title, in the course of their
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22 official duties pertaining to recruiting, screening, training,
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23 assigning cases, supervising, and supporting volunteers in their
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    Req. No. 3119                                    Page 5
1 roles as guardian ad litem pursuant to Section 1-4-306 of this
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2 title;
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3   2. Members of postadjudication review boards established

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4 pursuant to the provisions of Section 1116.2 of Title 10 of the
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5 Oklahoma Statutes, the Child Death Review Board, and
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6 multidisciplinary personnel. In addition to juvenile court records,
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7 members of such postadjudication review boards may inspect, without
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8 a court order, information that includes, but is not limited to:
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9         a. psychological and medical records,

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10        b. placement history and information, including the names

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11                 and addresses of foster parents,

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12        c. family assessments,

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13        d. treatment or service plans, and

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14        e. school records;

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15  3. The Department of Human Services or other public or private

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16 agency or individual having court-ordered custody or physical
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17 custody pursuant to Department placement of the child, or conducting
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18 a child abuse or neglect investigation of the child who is the
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19 subject of the record. In addition to juvenile court records,
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20 employees of the Department may inspect, without a court order and
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21 upon a showing of proper credentials and pursuant to their lawful
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22 duties, information that includes, but is not limited to:
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23        a. psychological and medical records, and

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24        b. nondirectory education records;

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    Req. No. 3119                                             Page 6
1   4. The child who is the subject of the record and the parents,

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2 legal guardian, custodian, or foster parent of such child; and
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3   5. A person authorized by the court to conduct bona fide

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4 research, provided such research may not publish the names or
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5 identities of parents, children, or other persons contained in the
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6 records.
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7   C. In addition to the persons and entities named in subsection

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8 A of this section, Department of Human Services agency records may
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9 be inspected, and their contents shall be disclosed, without a court
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10 order to the following persons upon showing of proper credentials
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11 and pursuant to their lawful duties:
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12  1. Postadjudicatory review boards, court-appointed special

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13 advocates, and members of the Child Death Review Board;
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14  2. Any district court which has ordered a home study by the

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15 Department in an action for divorce, annulment, custody of a child,
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16 or appointment of a legal guardian of a child, or any subsequent
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17 proceeding in such actions; provided, however, the Department may
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18 limit disclosure in the home study to summaries or to information
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19 directly related to the purpose of the disclosure;
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20  3. Members of multidisciplinary teams or multidisciplinary

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21 personnel designated by the Department, investigating a report of
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22 known or suspected child abuse or neglect or providing services to a
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23 child or family which is the subject of the report;
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    Req. No. 3119                                           Page 7
1   4. A physician who has before him or her a child whom the

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2 physician reasonably suspects may be abused or neglected or any
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3 health care or mental health professionals involved in the
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4 evaluation or treatment of the child or the parents, legal guardian,
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5 foster parent, custodian, or other family members of the child;
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6   5. Any public or private agency or person authorized by the

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7 Department to diagnose, or provide care, treatment, supervision, or
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8 other services to a child who is the subject of a report or record
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9 of child abuse or neglect; provided, the Department may limit such
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10 disclosure to summaries or to information directly necessary for the
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11 purpose of such disclosure;
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12  6. Any person or agency for research purposes, if all of the

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13 following conditions are met:
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14  a. the person or agency conducting the research is

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15                 employed by the State of Oklahoma this state or is

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16                 under contract with this state and is authorized by

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17                 the Department to conduct the research, and

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18  b. the person or agency conducting the research ensures

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19                 that all documents containing identifying information

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20                 are maintained in secure locations and access to the

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21                 documents by unauthorized persons is prohibited; that

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22                 no identifying information is included in documents

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23                 generated from the research conducted; and that all

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    Req. No. 3119                                               Page 8
1                  identifying information is deleted from documents used

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2                  in the research when the research is completed;

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3   7. The Oklahoma Health Care Authority; and

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4   8. A medical examiner when such person is determining the cause

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5 of death of a child.
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6   D. In accordance with the rules promulgated for such purpose

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7 pursuant to Section 620.6 of Title 10 of the Oklahoma Statutes,
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8 records listed in subsection A of Section 1-6-102 of this title may
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9 be inspected and their contents disclosed without a court order to
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10 participating agencies.
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11  E. The court may disclose to an employee of an out-of-state

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12 entity, licensed to perform adoption home studies in that state,
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13 whether the prospective adoptive parent has had parental rights to a
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14 child terminated in Oklahoma this state or whether the prospective
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15 adoptive parent has relinquished parental rights to a child in
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16 Oklahoma this state.
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17  F. Nothing in this section shall be construed as prohibiting

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18 the Department from disclosing such confidential information as may
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19 be necessary to secure appropriate care, treatment, protection, or
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20 supervision of a child alleged to be abused or neglected.
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21  SECTION 2. This act shall become effective November 1, 2026.

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23  60-2-3119      DC       1/13/2026 9:20:53 PM

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    Req. No. 3119                                             Page 9
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