A. Unless otherwise prohibited by a stipulation approved pursuant to subsection E of Section 5 of this act and except as provided under subsection B of this section, on request of a party and after payment of required costs, the judicial officer shall grant access to the interview record if a party appeals the final decision in the covered proceeding.
§ 3406.Uniform Judicial Interview of Children Act - Access to Interview Record - Disclosure of Factual Allegations - Restrictions On Disclosure - Sealing of Record
Chapter 41A: Structured Settlement Protection Act of 2001 · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceRequires the judicial officer to give a party access to the interview record on appeal (absent a waiver stipulation), to disclose and let parties respond to any contested, potentially dispositive factual allegation the child makes, to set restrictions on disclosure to nonparties, and to seal the record when the required Title 51 finding is made.
Full Text of § 3406
B. Unless otherwise prohibited by a stipulation approved pursuant to subsection E of Section 5 of this act, if the child makes a factual allegation in the judicial interview, other than communication of the child's views, that is or may be contested and is potentially dispositive in the covered proceeding, the judicial officer shall disclose the allegation to the parties and provide them an opportunity to submit evidence and legal argument in response before making a final decision in the covered proceeding.
C. The right of the child, the child's attorney, and the guardian ad litem to access the interview record and participate in the covered proceeding shall be governed by other law.
D. The judicial officer shall determine appropriate restrictions on the disclosure of the contents of the judicial interview and the interview record to nonparties during the covered proceeding and after its conclusion.
E. On a finding required under Section 24A.29 of Title 51 of the Oklahoma Statutes, the court shall seal the interview record from public access.
F. The decision whether to permit the child to provide testimony in a covered proceeding is governed by other law.
Amendment History
Added by Laws 2026, c. 298,s. 6, eff. 11/1/2026.
Plain-English Summary
Section 3406 controls who sees the interview record and when. Unless the parties waived access under Section 3405's stipulation procedure, a party who appeals the final decision can get access to the interview record on request and after paying the required costs.
There's a built-in fairness check regardless of the appeal rule: if the child makes a factual allegation during the interview -- something beyond expressing views -- that's contested or might be, and that could decide the case, the judicial officer must disclose that allegation to the parties and let them respond with evidence and argument before making a final decision. The child's own attorney and the guardian ad litem have their access and participation rights governed by other law, and the judicial officer decides what restrictions apply to disclosing the interview to nonparties, both during the case and afterward. If the court makes the finding required under Section 24A.29 of Title 51, it must seal the interview record from public access; whether the child may testify at all remains a question for other law.
Frequently Asked Questions
Can I see what my child said in the judicial interview if I appeal?
Yes, on request and after paying required costs, unless the parties waived access to the record under a stipulation approved under Section 3405.
What if my child makes an accusation during the interview that could decide the case?
If it's a contested or potentially contested factual allegation that's potentially dispositive, the judicial officer must disclose it to the parties and give them a chance to respond with evidence and legal argument before deciding the case.
Can the public see the interview record?
Not automatically, and the court must seal it from public access on making the finding required under Section 24A.29 of Title 51 of the Oklahoma Statutes.
Who controls whether outsiders can see what happened in the interview?
The judicial officer determines the appropriate restrictions on disclosing the interview and the interview record to nonparties, both during and after the proceeding.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: access to child interview record oklahoma appealsealing judicial interview record oklahoma12 O.S. § 3406disclosure of child's allegations judicial interview