INSTRUCTIONS TO STAFF 340:25-5-67
1. (a) No employee or agent of the Oklahoma
Department of Human Services (DHS) accesses or uses confidential
information or data obtained through the child support program except on a need
to know basis in the performance of his or her official duties as a
DHS employee or agent. This information or data may not be used for
personal amusement, curiosity, gain, benefit, or any other reason not directly
related to the performance of official duties.
(b) Instances of inappropriate
access or misuse of confidential information by:
(1) any DHS employee or agent
are reported by DHS Child Support Services (CSS) staff to the employee or
agent's supervisor; and
(2) a DHS agent are reported
by CSS supervisors to the agent's supervisor.
(c) Supervisors of DHS
employees and supervisors of DHS agents must take appropriate
action per DHS:2-1-7.
2. Release of information.
(1) CSS releases written child support
payment information to housing authorities and other entities upon written
authorization of the custodial person (CP) or noncustodial parent (NCP). District offices may coordinate this release
of information to housing authorities with CSS Center for Customer Service.
(2) CSS releases information to Child
Welfare Services (CWS) staff to facilitate the location of any individual who
has or may have parental rights with respect to a child and may be a potential
placement for the child. To assist CWS
staff in carrying out child welfare responsibilities under Titles IV-B and IV-E
programs, CSS staff provides the following information about the NCP, alleged
father, CP, or child:
(B) Social Security
name, address, and identification (ID) number;
(E) income and benefits of employment,
including health care coverage; and
(F) the type, status, location, and amount
of assets or debts owed by or to the individual.
(3) CSS does not release Internal Revenue
Service (IRS) information unless CSS obtained the information from another
source. CSS limits disclosure of Federal
Tax Information (FTI) per (A) through (D) of this paragraph.
(A) Per IRS Publication 1075, limited
information may be disclosed to CSS agents or contractors for the purpose of,
and to the extent necessary in, establishing and collecting child support
obligations from, and locating individuals owing such obligations. The information disclosure is limited to the:
(ii) Social Security number of an
individual against whom CSS is seeking to establish or enforce child support
(iii) amount offset from any tax refund
otherwise payable to such individual per IRS Code Section 6402(c).
(B) When handling caseworker questions from
other DHS offices or programs, CSS cannot specifically identify information
about FTI. In response to an inquiry,
staff may disclose the payment amount as a:
(i) non-regular payment from a non-wage
(ii) one-time lump-sum payment.
(C) CSS is permitted to inform a CP, his or
her authorized representative, or attorney that CSS received a federal income
tax refund offset and the payment amount.
CSS cannot provide the NCP's address, wage data, or other FTI provided
by the IRS.
(D) CSS is permitted to confirm to the NCP
taxpayer or NCP's spouse and/or joint filer that CSS received a federal income
tax refund offset.
(4) CSS may release Financial Institution
Data Match (FIDM) information as to the amount and source of payment, such as a
bank levy. CSS cannot disclose specific
account information or details, such as the name of the bank.
(5) CSS releases information to entities,
(A) agents administering the
(B) personnel in the juvenile court system,
in order to assist with administering Titles IV-B and IV-E programs;
(C) law enforcement personnel prosecuting
federal and state child support enforcement crimes, parental kidnapping, and
statutory rape; and
(D) staff administering Title IV-A
(6) CSS does not release information to law
enforcement personnel prosecuting crimes unrelated to the provision of Title
IV-D services per Oklahoma Administrative Code 340:25-1-1.2.
(7) CSS staff releases only information the
case member is entitled to receive, limited to the information requested in the
disclosure form. When CSS staff
questions the authenticity of a disclosure form, staff verifies with the authorizing
case member before releasing information.
3. CSS staff may release general
information that benefits were paid on behalf of the children to establish the
fact that amounts are due to the state, that CSS is a necessary party, or that
the case cannot be closed because benefits are being expended. When benefit information is contested, CSS
state's attorneys may release information regarding the payment amount and
dates of benefits paid on behalf of the children to the court per Section237(H) of Title 56 of the Oklahoma Statutes.
CSS state's attorneys release information only to the extent necessary
to establish amounts owed to the state.
4. Parent Locator Service.
(1) When a Child Protective Service Alert
(CPSA or PSA) indicator appears during a search for history on a family in the
KIDS or IMS system, as a PSA case type in KIDS and a CPSA designation in IMS on
a CWS case, CSS staff releases locate information to DHS CWS at
(2) When CWS staff requests Federal Parent
Locator Service (FPLS) information from CSS, CWS staff must submit a request to
the State Parent Locator Service (SPLS) to the CSS Center for Coordinated
Programs. For example, CWS staff may
request locate information from SPLS to locate a non-parent for researching a
possible placement for a deprived child.
(A) CSS staff directs authorized persons
requesting FPLS information to submit requests to the SPLS.
(B) The SPLS provides the information to
the requester in person or by email, phone, or letter rather than through the
(3) For further information concerning
release of FPLS information, refer to the:
(A) Federal Register, Volume 69, Number
148, dated August 3, 2004;
(B) Federal Register, Volume 63, Number
162, dated August 21, 1998; and
(C) federal Office of Child Support
Enforcement (OCSE) Action Transmittal AT-03-06, available from the OCSE website
5. When a party to a child support case is
represented by an attorney, per the Oklahoma Rules of Professional Conduct,
Chapter 1, Appendix 3-A of Title 5 of the Oklahoma Statutes, CSS staff may not
discuss the case with the party without the attorney's permission. When a represented party contacts CSS for
information and CSS has not received the attorney's permission to communicate
with the party, CSS may only release case information available in CSS records,
(1) date and location of the next
(2) status of service of process
of pleadings on the other party in actions initiated by CSS; and
(3) child support
payment information and arrearage balance information.
6. When a party who appears in the record to be
represented by counsel claims to be unrepresented, CSS initiates contact with
the attorney to confirm the status of the representation.
subpoena is not a court order requiring automatic release of information. CSS state's attorneys review court orders and
subpoenas before CSS releases information as directed by a court order or