Library: Policy

340:25-5-67. Information disclosure

Revised 9-15-23

(a) Legal authority.  Federal and state laws and the rules adopted by Oklahoma Human Services (OKDHS) restrict the use and disclosure of information.  Information from child support program records is released per:

(1) Oklahoma Administrative Code (OAC) 340:2-21-12 through 340:2-21-16, 340:25-5-340.1 and 340:75-1-44;

(2) Section 112A and 413 of Title 43 of the Oklahoma Statutes (43 O.S. §§ 112A and 413), 51 O.S. §§ 24A.1 through 24A.26, and 56 O.S. §§ 183 and 231 through 240.23;

(3) Section 285.3 of Title 31 of the Code of Federal Regulations (31 C.F.R. § 285.3) 45 C.F.R. §§ 303.15, 303.21, 303.70, and 307.13; and

(4) Sections 653, 654, 654a, and 663 of Title 42 of the United States Code (42 U.S.C. §§ 653, 654, 654a, and 663).

(b) 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 per 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 per 56 O.S. § 237, except as otherwise authorized by law.

(2) Any information OKDHS Child Support Services (CSS) obtains from federal or state agencies is subject to limitations on disclosure imposed by laws governing the information received from those agencies.  CSS complies with the limitations imposed by federal laws and regulations per 42 U.S.C. § 653, 31 C.F.R. § 285.3, and Internal Revenue Service Publication 1075.  • 2 through 4

(3) Nothing in this Section authorizes disclosure of the location or information that may lead to discovery of the location of a case participant with a Family Violence Indicator per OAC 340:25-5-67.1.

(4) CSS redacts personal information, including Social Security and driver license numbers, from court documents prior to filing them, pursuant to Rule 31 of the Rules for District Courts of Oklahoma.

(c) Authorized disclosure.

(1) Information requested may be shared with:  • 5 & 6

(A) persons duly authorized by the United States in connection with the performance of their official duties per 56 O.S. § 183 including, but not limited to:

(i) exchange of information to the extent necessary to carry out the state agency Title IV-D program responsibilities directly and through statewide automated data processing and information retrieval networks within OKDHS, with authorized representatives of OKDHS programs and other state agencies, other states and countries, and federal and tribal agencies;

(ii) exchange of information directly and through statewide automated data processing and information retrieval networks with OKDHS representatives and other state agencies administering programs under Titles IV-A through IV-E, XIX, and XXI of Chapter 7 of Title 42 of the U.S.C., and the Supplemental Nutrition Assistance Program (SNAP) to the extent necessary to carry out the responsibilities of those agencies;

(iii) release of information received from the Federal Parent Locator Service, through the State Parent Locator Service, to an authorized person for an authorized purpose, per 42 U.S.C. § 663 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 U.S.C. to the extent necessary to carry out state agency Titles IV-B and IV-E responsibilities; and

(II) the United States or 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 • 7

(iv) release of Social Security numbers for child support purposes, such as:

(I) locating the parents;

(II) submitting cases for federal administrative and income tax refund offset;

(III) state income tax refund offset;

(IV) financial institution data match;

(V) enrolling children as beneficiaries of health insurance coverage; and

(VI) processing interstate child support services; and

(B) parties to a child support case, their attorneys, interpreters, and authorized representatives, who may only access:  • 8 & 9

(i) income information, records of payment, and balances;

(ii) 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;

(iii) 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;

(iv) information required by 43 O.S. § 56 disclosed for the purpose of enforcing, reviewing, establishing, or modifying a support order or judgment;

(v) information necessary to enroll children as beneficiaries of court-ordered health insurance coverage;

(vi) information necessary to access court-ordered health care coverage and obtain health care for the children; and

(vii) address of record for service of process per 43 O.S. § 112A.  The address of record must only be released per OAC 340:25-5-340.1;

(C) employers and plan administrators, who may only access information necessary to enroll children as beneficiaries of court-ordered health insurance coverage;

(D) persons as directed by court order or by a subpoena approved by a CSS state's attorney; and  • 10

(E) persons with written authorization from a child support case member to release information.  • 5

(2) Any person requesting case information must specify the information needed and for what purpose the information is being requested.  The person must verify his or her identity.  • 11 CSS determines:

(A) when the person requesting the case information is authorized to receive per paragraph (1) of this subsection;

(B) when the requested information may be released; and

(C) the appropriate method of release.  • 11 & 12

INSTRUCTIONS TO STAFF 340:25-5-67

Revised 9-15-22

1. (a) Oklahoma Human Services (OKDHS) employees or agents do not access or use 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.  This information or data may not be used for personal amusement, curiosity, gain, benefit, or any other reason not directly related to performing official duties.

(b) Instances of inappropriate access or misuse of confidential information by:

(1) any OKDHS employee or agent is reported by OKDHS Child Support Services (CSS) staff to the employee's or agent's supervisor; and

(2) an OKDHS agent is reported by CSS supervisors to the agent's supervisor.

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

2. CSS staff does not share federal tax information (FTI) in paper or electronic facsimile documents, Microsoft Office 365 applications including, but not limited to, Outlook email, Yammer, Teams, SharePoint, OneDrive, and Planner.  When an unauthorized FTI disclosure occurs, CSS staff immediately report the incident to OCSS.ITSecurity@okdhs.org.

3. CSS staff is prohibited from allowing an individual or employee to bypass access controls and enter a restricted area that contains FTI.  CSS and building management must be notified of any unauthorized entry.

4. CSS staff does not print any documents that contain FTI.  When FTI is accidentally printed, CSS staff follows the How to Dispose of Accidentally Printed Documents That Contain FTI Quest article.

5.  Release of information.

(1) CSS releases written child support payment information to housing authorities and other entities when the custodial person (CP) or noncustodial parent (NCP) provides written authorization.  District offices may coordinate this release of information to housing authorities with CARE call center.

(2) CSS releases information to Child Welfare Services (CWS) staff to assist CWS staff in carrying out child welfare responsibilities under Titles IV-B and IV-E programs.

(3) CSS does not release Internal Revenue Service (IRS) information unless CSS obtains 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:

(i) address;

(ii) individual's Social Security number when CSS is seeking to establish or enforce the individual’s child support obligations; and

(iii) amount offset from any tax refund otherwise payable to such an individual, per IRS Code Section 6402(c).

(B) When handling caseworker questions from other OKDHS 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 source; or

(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 the IRS provides.

(D) CSS is permitted to confirm to the NCP taxpayer or the NCP's spouse or joint filer that CSS received a federal income tax refund offset.

(4) CSS may release Financial Institution Data Match information as to the payment amount and source, such as a bank levy.  CSS cannot disclose specific account information or details, such as the bank’s name.

(5) CSS releases information to entities, such as:

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

(B) personnel in the juvenile court system,  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 programs.

(6) CSS does not release information to law enforcement personnel prosecuting crimes unrelated to Title IV-D service provision, 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 a disclosure form’s authenticity, staff verifies with the authorizing case member before releasing information.

6. 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 Section 237(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.

7. Parent Locator Service.

(1) When a Child Protective Service Alert (CPSA or PSA) indicator appears during a family history search in the KIDS or Information Management System (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 OKDHS CWS at 405-521-3777.

(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 automated system.

(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 at https://www.acf.hhs.gov/css/policy-guidance/policy-clarifications-automated-systems-title-iv-d-child-support-enforcement.

8. When an attorney represents a party to a child support case, 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, including the:

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

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

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

9.  When a party claims to be unrepresented but the court record indicates the party has representation, CSS initiates contact with the attorney to confirm the representation status.  CSS communicates directly with the party and removes the attorney from CSS records even when CSS is unable to confirm representation after initiating contact with the attorney.  At the conclusion of a court case with a final order, an attorney is not required to file a withdrawal from the court case.  CSS does not add private attorneys in completed divorce or paternity cases or on an application unless CSS confirms the party's representation with the attorneys.  When it has been over one year on a pending court action with no final order, CSS confirms representation with the private attorney before adding the attorney to the case.  When there is no representation or confirmation, CSS does not add the attorney to the case.

10. A 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 subpoena.

11. Child support staff may require photo identification or identifying information, such as Social Security number, child(ren)'s name(s) or date(s) of birth, or other identifying information to verify the identity of the person making the request.

12. Child support staff reviews documents and information and removes information not subject to release before sharing.