OKDHS - OAC 340:25-5-67. Information disclosure

340:25-5-67. Information disclosure

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Revised 7-1-11

(a) Confidentiality. All applications, information and records concerning any applicant or recipient obtained pursuant to law or as authorized by law by the Department of Human Services or any other public or private entity shall be confidential. [56 O.S. § 183] • 1

(1) All files and records concerning the assistance or services provided under the child support program or concerning an alleged father of a child born out of wedlock are confidential except as otherwise authorized by law. [56 O.S. § 237]
(2) Any information Oklahoma Child Support Services (OCSS) obtains from federal or state agencies is subject to limitations on disclosure imposed by laws governing the information received from those agencies. OCSS does not disclose or use the contents of any child support records, files, papers, or communications for purposes other than those directly connected to the administration of the child support program.
(3) Nothing in this Section authorizes disclosure of the location of a case participant with a family violence indicator per OAC 340:25-5-67.1.

(b) Authorized disclosure. Information, when requested per OAC 340:25-5-68, may be shared with: • 2

(1) persons duly authorized by the United States in connection with the performance of their official duties, [56 O.S. § 183] including, but not limited to:
- (A) exchange of information to the extent necessary to carry out the state agency IV-D program responsibilities directly and through statewide automated data processing and information retrieval networks within the Oklahoma Department of Human Services (OKDHS), with authorized representatives of OKDHS divisions and other state agencies, other states and countries, and federal and tribal agencies;
- (B) exchange of information directly and through statewide automated data processing and information retrieval networks with representatives of OKDHS and other state agencies administering programs under Titles IV-A, IV-E, and XIX of Subchapter IV of Chapter 7 of Title 42 of the United States Code, to the extent necessary to carry out state agency Titles IV-A, IV-E, and XIX responsibilities;
- (C) release of information received from the Federal Parent Locator Service, through the State Parent Locator Service, to an authorized person under Section 663 of Title 42 of the United States Code representing:
  - (i) agencies administering or enforcing programs under Titles IV-B and IV-E of Subchapter IV of Chapter 7 of Title 42 of the United States Code to the extent necessary to carry out state agency Titles IV-B and IV-E responsibilities; and
  - (ii) the United States or the State of Oklahoma for purposes of enforcing or prosecuting any federal or state law with respect to the unlawful taking or restraint of a child, or any court or agent of such court having jurisdiction to make or enforce a child custody or visitation determination; and • 3
- (D) release of Social Security numbers for child support purposes, such as locating the parents, submitting cases for federal administrative and income tax refund offset, state income tax refund offset, financial institution data match, enrolling children as beneficiaries of health insurance coverage, and processing interstate child support services;
(2) parties to a child support case, their attorneys, interpreters, and authorized representatives, who may only access: • 4 & • 5
- (A) pay records and payment calculations;
- (B) documents, exhibits, worksheets, and supporting documents filed with the court and any administrative documents that are part of the order, such as guideline worksheets and financial affidavits;
- (C) specific case activity in the course of providing child support enforcement services, such as the number and dates of locate attempts, and establishment and enforcement of child support or medical support orders;
- (D) information required by Titles 43 or 56 of the Oklahoma Statutes disclosed for the purpose of reviewing, establishing, or modifying a support order; and
- (E) information necessary to enroll children as beneficiaries of court-ordered health insurance coverage;
- (F) address of record for service of process under Section 112A of Title 43 of the Oklahoma Statutes. The address of record must only be released per OAC 340:25-5-340.1;
(3) employers and plan administrators, who may only access information necessary to enroll children as beneficiaries of court ordered health insurance coverage; and
(4) persons as directed by court order or by a subpoena approved by a child support attorney. • 6

INSTRUCTIONS TO STAFF 340:25-5-67

Revised 7-1-11

1.  (a) No employee or agent of the Oklahoma Department of Human Services (OKDHS) accesses or uses confidential information or data obtained though the child support program except on a need to know basis in the performance of his or her official duties as an OKDHS 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 OKDHS employee or agent is reported by child support staff to the employee or agent's supervisor; and

(2) an OKDHS agent is reported by child support supervisors to the supervisor of the agent.

(c) Supervisors of OKDHS employees and supervisors of OKDHS agents must take appropriate action per OKDHS:2-1-7.

2.   Release of information.

(a) Oklahoma Child Support Services (OCSS) releases written child support payment information to housing authorities and other entities upon written authorization of the custodial person or noncustodial parent. District offices may coordinate this release of information to housing authorities with OCSS Center for Customer Service.

(b) OCSS does not release child support payment information to Child Welfare (CW) staff without a court order unless the reason for release is to establish or enforce a child support order.

(c) When it furthers the provision of IV-D services per OAC 340:25-1-1.2, OCSS releases information to entities such as:

(1) agents administering the Welfare-to-Work Program;

(2) personnel in the juvenile court system pursuing delinquent and deprived juvenile court actions; and

(3) law enforcement personnel prosecuting federal and state child support enforcement crimes.

(d) OCSS does not release information to law enforcement personnel prosecuting crimes unrelated to the provision of IV-D services per OAC 340:25-1-1.2.

(e) When it furthers the OCSS provision of IV-D services per OAC 340:25-1-1.2, OCSS provides limited electronic access to case information to OKDHS staff administering programs under Titles IV-A, IV-B, IV-E, and XIX.

(1) OCSS encourages authorized OKDHS staff in other divisions to obtain child support case record information through viewing applicable automated Oklahoma Support Information System screens.

(2) OCSS provides child support information directly by e-mail, telephone, or letter to authorized OKDHS staff.

3.   Parent Locator Service.

(a) When a Child Protective Service Alert (CPSA or PSA) indicator appears during a search for history on a family in the KIDS and/or IMS system, as a PSA case type in KIDS and a CPSA designation in IMS on a CW case, child support staff release locate information to OKDHS Children and Family Services Division at 405-521-2283.

(b) When CW staff request Federal Parent Locator Service (FPLS) information from OCSS that furthers only IV-B or IV-E purposes, CW staff must submit a request to the State Parent Locator Service (SPLS) in the Programs Unit of OCSS. For example, CW staff may request locate information from SPLS to locate a non-parent for researching a possible placement for a deprived child.

(1) Child support staff direct authorized persons requesting FPLS information to submit their requests to the SPLS.

(2) The SPLS provides the information to the requester in person or by e-mail, telephone, or letter, rather than through the automated system.

(c) For further information concerning release of FPLS information, see:

(1) the Federal Register, Volume 69, Number 148, dated August 3, 2004;

(2) the Federal Register, Volume 63, Number 162, dated August 21, 1998; and

(3) the federal Office of Child Support Enforcement (OCSE) Action Transmittal AT‑03‑06, available from the OCSE Web site at http://www.acf.dhhs.gov/programs/cse/pol/AT/2003/at-03-06.htm.

4.   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), OCSS staff may not discuss the case with the party unless OCSS has the attorney's permission to communicate with the party. When a represented party contacts OCSS for information and OCSS has not received the attorney's permission to communicate with the party, OCSS may only release case information available in OCSS records, including:

(1) date and location of the next court hearing;

(2) status of service of process of pleadings on the other party in actions initiated by OCSS; and

(3) child support payment information and arrearage balance information.

5.   When a party who appears in the record to be represented by counsel claims to be unrepresented, OCSS initiates contact with the attorney to confirm the status of the representation.

6.   A subpoena is not a court order requiring automatic release of information. Child support attorneys review court orders and subpoenas before OCSS releases information as directed by a court order or subpoena.

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