(a) A family violence indicator is a designation placed on a participant in a IV-D or non-IV-D case by the Oklahoma Child Support Services program (OCSS) of the Oklahoma Department of Human Services (OKDHS) indicating the participant is associated with child abuse or domestic violence.  The family violence indicator is used to restrict disclosure of the location of a participant who is reported to OCSS as being at risk of family violence.

(b) OCSS considers as reasonable evidence of family violence, and enters a family violence indicator on appropriate persons, when:

• (1) a parent or custodian states that he or she or the child(ren) is at risk of emotional or physical harm from another person in the same child support case; or
• (2) OKDHS has knowledge of a court-ordered protective order or other information that family violence exists.

(c) OCSS makes available to custodial persons and noncustodial parents Form 03EN008E, Family Violence - Address of Record Statement, to collect address of record information and explain how the information is used.  The custodial person or noncustodial parent may use Form 03EN008E to:

• (1) request that his or her home address, or location information, not be released to another parent or party in a child support case because release could result in family violence to the requesting person or his or her children; or
• (2) designate an address of record per OAC 340:25-5-340.  OCSS may release the address of record per OAC 340:25-5-340.1.

(d) The presence or absence of a family violence indicator on a case does not guarantee anyone's safety.  OCSS is not liable for harm arising from the use or non-use of a family violence indicator.

(e) OCSS may remove a family violence indicator from a case participant when OCSS receives:

• (1) a written request from the participant;
• (2) information that the family violence indicator was entered in error; or
• (3) a court order to remove the family violence indicator.

(f) Upon order of a court having the authority to make or enforce child custody or visitation determinations per Section 663 of Title 42 of the United States Code, OCSS may:

• (1) request the federal Office of Child Support Enforcement to override a family violence indicator in a single instance; and
• (2) authorize release of the person's home address or location to the court.  • 1

(g) Interstate cases follow OAC 340:25-5-270.