Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 30 - Standards and Criteria for Adult Victims of Human Sex Trafficking Programs › Subchapter 5 - Client Records and Confidentiality › Section 75:30-5-4 - Client confidentiality

Current through Vol. 41, No. 20, July 1, 2024
(a) Protecting
				the confidentiality of human sex trafficking victims is critical to protecting
				their safety and establishing trust. Case or client records, files or notes, of
				a certified sexual assault program for adult victims of human sex trafficking
				program shall be confidential and shall only be released under certain
				prescribed conditions pursuant to Oklahoma law (74 O.S. §
				18p-3).
(b) The program shall have
				written policies and procedures to ensure confidentiality of client information
				and identity the shelter location and govern the disclosure of information
				including verbal disclosure contained in client records. When a client record
				is established, the program shall discuss the confidentiality requirements and
				limitations with each client and maintain documentation in the client record
				that they have reviewed the circumstances under which confidential information
				may be revealed. Assisting human sex trafficking victims requires the release
				of confidential information more often, and to more organizations, than when
				assisting non-trafficked victims. This is particularly true if the victim is
				seeking certification from HHS or ORR. Staff or volunteers should always obtain
				the informed, written consent of the victim when relaying confidential
				information to any person, including law enforcement, federal prosecutors,
				state attorneys, victim advocates and social services agencies. The written
				consent forms must be translated into the victim's native language, state the
				name of the person or organization receiving the information, and contain an
				expiration date.
(c) The human sex
				trafficking program must comply with both the state and federal laws that
				govern confidentiality and any exceptions to those laws.
(1)
State Law:
Case or client
				records, files or notes, of a human sex trafficking program shall be
				confidential and shall only be released under certain prescribed conditions (74
				O.S. § 18p-3):
(A) The case records,
				case files, case notes, client records, or similar records of a human sex
				trafficking program certified by the Attorney General or of any employee or
				trained volunteer of a program regarding an individual who is residing or has
				resided in such program or who has otherwise utilized or is utilizing the
				services of any human sex trafficking program or counselor shall be
				confidential and shall not be disclosed;
(B) For purposes of this subsection, the term
				"client records" shall include, but not be limited to, all communications,
				records, and information regarding clients of human sex trafficking programs;
				and
(C) The case records, case
				files, or case notes of programs specified in paragraph 1 of this subsection
				shall be confidential and shall not be disclosed except with the written
				consent of the individual, or in the case of the individual's death or
				disability, of the individual's personal representative or other person
				authorized to sue on the individual's behalf or by court order for good cause
				shown by the judge in camera.