§ 10A-1-4-508. Immunity for testimony – Records – Statements during evaluation or treatment.

A.  At any stage of a proceeding under the Oklahoma Children’s Code:

1.  The parent or legal guardian, the child’s attorney, or the district attorney’s office may apply for use immunity for a parent or legal guardian for in-court testimony.  The in-court testimony of an immunized parent or legal guardian shall not be used against that parent or legal guardian in a criminal prosecution; provided, however, that the parent or legal guardian may be prosecuted for perjury that occurs during the testimony of the parent or legal guardian in a deprived proceeding;

2.  The child’s attorney or the district attorney’s office may apply for use immunity for any records, documents, or other physical objects produced by the immunized parent or legal guardian in the deprived proceeding, the production of which was compelled by a court order; or

3.  The child’s attorney or the district attorney’s office may apply for use immunity for a parent or legal guardian for any statement that a parent or legal guardian makes in the course of a court-ordered psychological evaluation or treatment program to the professional designated by the Department of Human Services or authorized by the court in furtherance of the court’s order.  Such immunity shall attach only to those statements made during the course of the actual evaluation or treatment and specifically does not attach to statements made to Department employees, agents, or other representatives in the course of the investigation of alleged child abuse, neglect, or abandonment.

B.  Any other information available to the professional designated by the Department or authorized by the court to perform the court-ordered evaluation or treatment shall not be the subject of any application or order for immunity.

Added by Laws 2009, c. 233, § 119, emerg. eff. May 21, 2009.