Family Services, Dept. of

Child Support Program

Chapter 9: Confidentiality

Effective Date: 05/20/1991 to 06/01/1999

Rule Type: Superceded Rules & Regulations

Reference Number: 049.0009.9.05201991

CONFIDENTIALITY

Section 1. Confidentiality of IV-D Records.

(a) The IV-D case file information that identifies any recipient of AFDC or support enforcement services by name or address may not be released to any person, committee or legislative body, and are not admissible as evidence in any judicial proceeding unless the proceedings are directly connected with the administration of one of the following programs:

(i) the administration of Income Maintenance, Social Services, Work Incentive, Medicaid, OASDI or SSI programs (Titles IV-A, IV-B, IV-C, IV-D, II, X, XIV, XIX, and XX of the Social Security Act);

(ii) any investigations, prosecution, criminal or civil proceedings conducted in connection with the administration of the above-referenced programs;

(iii) the administration of any other federal or federally-assisted program which provides assistance in cash, in kind or services directly to individuals on the basis of need;

(iv) child support enforcement officials (including IV-D staff, county attorneys, district court officials, contract attorneys, etc.) in administering the child support enforcement program;

(v) Internal Revenue Service, Social Security Administration, and consumer credit agency documents are not part of the IV-D case record and are not available for inspection by anyone except Parent Locator and supervisory staff.

Section 2. Requests for Information.

The following rules apply when information is requested by the Public Assistance recipient or Non-PA applicant, absent parent, or attorney for any of these individuals:

(a) The IV-D client, may have copies of any papers or documents prepared or originally provided by that person, payment history, legal documents, correspondence from the obligor or a responding jurisdiction, and any locating/asset information acquired on the obligor including social security numbers discovered.

(b) Obligors or putative fathers may obtain copies of materials legally required to establish obligations, including legal documents, AFDC grant history and payment history. Application and referral information, however, is considered confidential and will not be released.

(c) An attorney representing a Public Assistance recipient in actions such as fraud or IV-A recovery may be given the same information as that available to the recipient.

(d) Any request should be in writing and should specify the purpose for which the requested information will be used.

(e) If non-agency individuals request copies of documents, they are required to remit twenty-five cents ($.25) per page prior to being provided with the copies.