Confidentiality of Information, Family Violence, and Disclosure to Private Counsel
Child Support Services (CSS) Oklahoma law, in accordance with federal regulations, provides that all files and records relating to the services provided under the CSS program are confidential and may not be disclosed unless otherwise provided by law. Disclosure of information is taken very seriously in CSS.
When a family violence indicator has been assigned to a child support case, address information cannot be disclosed to another party or his/her attorney.
Administrative rules and processes provide guidance to staff on the types of information that may be disclosed to the parties and their attorneys.
CSS maintains confidentiality and discloses information per OAC 340:25-5-67.
Per OAC 340:25-5-67(c)(1)(A), CSS may release necessary information to individuals authorized by the United States in connection with the performance of their official duties. This may include, but is not limited to:
- Exchange of information to the extent necessary to carry out the state agency Title IV-D program responsibilities with:
- Authorized representatives of other divisions within OKDHS and other state agencies
- Authorized representatives of other states and countries
- Authorized representatives of federal and tribal agencies
- Exchange of information with OKDHS representatives and other state agencies administering programs under Titles IV-A through IV-E, XIX, and XXI to the extent necessary to carry out the responsibilities of those agencies
- Release of information received from the Federal Parent Locator Service, the State Parent Locator Servicer to an authorized person for an authorized purpose representing:
- Agencies administering or enforcing programs under Titles IV-B and IV-E
- The United States or Oklahoma for the purpose of enforcing or prosecuting any federal or state law with respect to:
- The unlawful taking or restraint of a child
- Any court or agent of such court having jurisdiction to make or enforce a child custody or visitation determination
- 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 in health insurance coverage
- Processing interstate child support services
Per OAC 340:25-5-67(c)(1)(B), CSS may release limited information to parties to a child support case, their attorneys, interpreters, and authorized representatives. Information that may be released includes:
- Income information, records of payment and balances
- Documents, exhibits, worksheets and supporting documents filed with the court as part of the order such as guideline calculations and financial affidavits
- Guideline calculations and financial affidavits
- 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
- Information required by 43 O.S. § 56 for the purpose to enforce, review, establish, or enforce a support order or judgment
- Information necessary to enroll children as beneficiaries of court-ordered health insurance
- Information necessary to access court ordered health care coverage and obtain health care for the children
- Address of record for the service of process per 43 O.S. § 112A. The address of record must only be released per OAC 340:25-5-340.1
Per OAC 340:25-5-67(c)(1)(C), CSS may release information to employers and plan administrators, who may only access information necessary to enroll children as beneficiaries of court order health coverage.
Per OAC 340:25-5-67(c)(1)(D), CSS may release information persons as directed by court order or subpoena approved by a CSS state’s attorney.
Per OAC 340:25-5-67(c)(1)(E), CSS may release information to persons with written authorization from a child support case member to release information.
When family violence is indicated on the case CSS staff will consult with the Family Violence Coordinator for guidance on how to proceed with the release of information.
Legal Authority
- 42 U.S.C. § 653(b) Federal Parent Locator Service – provides general requirements regarding disclosure of information to authorized persons
- 43 O.S. § 112A Agreement to Obtain Certain Necessary Information – provides conditions under which DHS may disclose an address of record
- 56 O.S. § 237(H) Support Collection, Parent Location, and Paternity Determination Services – provides that CSS records are confidential and may only be release consistent with federal regulations and rules adopted by DHS
- OAC 340:25-5-67 Information Disclosure – provides CSS policy regarding confidential information and conditions for authorized disclosure
- OAC 340:25-5-67.1 Family violence – provides directions on how a party can establish an address of record