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Open Record Act and When a Law Enforcement Record is "related to" a Juvenile for purposes of Title 10A

JM
Jon Miller
Tue, Aug 2, 2022 5:23 PM

Title 10A defines "Law Enforcement Record" very broadly:

  1. "Law enforcement records" means any contact, incident or similar reports, arrest records, disposition records, detention records, fingerprints, or photographs related to a child and shall include but not be limited to reports of investigations or inquiries conducted by a law enforcement agency to determine whether a child is or may be subject to the provisions of this title as a deprived child, a child in need of supervision, or a minor in need of treatment. Law enforcement records pertaining to juveniles shall be maintained separately from records pertaining to adults;....

10A O.S. §§1-6-101, 2-6-101.  Under Title 10A, law enforcement records are confidential and cannot be disclosed without a court order, unless an exception is provided that specifically allows disclosure without a court.  10A O.S. §§1-6-102(A), 2-6-102(A).

The Open Records Act does not apply to records that are required to be maintained as confidential by other laws.  51 O.S. §24A.5.  Thus, a person cannot obtain law enforcement records that are "related to a child" under the ORA.

QUESTION: Is a police report regarding an adult's arrest for driving offenses and for child endangerment a "law enforcement record" under Title 10A that must be maintained as confidential?  The report identifies the juveniles as the victims and is certainly "related to a child."  Anyone have an unreported case cite or order they would share?  Or research from another jurisdiction?

Appreciate insight into this nuanced topic.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

Title 10A defines "Law Enforcement Record" very broadly: 5. "Law enforcement records" means any contact, incident or similar reports, arrest records, disposition records, detention records, fingerprints, or photographs related to a child and shall include but not be limited to reports of investigations or inquiries conducted by a law enforcement agency to determine whether a child is or may be subject to the provisions of this title as a deprived child, a child in need of supervision, or a minor in need of treatment. Law enforcement records pertaining to juveniles shall be maintained separately from records pertaining to adults;.... 10A O.S. §§1-6-101, 2-6-101. Under Title 10A, law enforcement records are confidential and cannot be disclosed without a court order, unless an exception is provided that specifically allows disclosure without a court. 10A O.S. §§1-6-102(A), 2-6-102(A). The Open Records Act does not apply to records that are required to be maintained as confidential by other laws. 51 O.S. §24A.5. Thus, a person cannot obtain law enforcement records that are "related to a child" under the ORA. QUESTION: Is a police report regarding an adult's arrest for driving offenses and for child endangerment a "law enforcement record" under Title 10A that must be maintained as confidential? The report identifies the juveniles as the victims and is certainly "related to a child." Anyone have an unreported case cite or order they would share? Or research from another jurisdiction? Appreciate insight into this nuanced topic. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.