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Legal Authority for Release of DHS Records

Confidentiality of Information, Family Violence, and Disclosure to Private Counsel

Child Support Services (CSS) attorneys have confidentiality requirements in addition to those that every attorney has with his/her client.

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(b)(1), 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, those working for:

  • Oklahoma Department of Human Services (DHS);
  • IV-D programs in other states, tribes, and countries; and
  • Agencies administering Title IV-A, IV-B, IV-E, and XIX programs.

Per OAC 340:25-5-67(b)(2), 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 payments and balances;
  • Documents, exhibits, worksheets and support documents filed with the court as part of the order such as guideline calculations and financial affidavits;
  • Guideline calculations and financial affidavits;
  • Records of case activity;
  • Information required by Title 43 or 56 of the Oklahoma Statutes to enforce, review, establish, or enforce a support order or judgment;
  • Information necessary to enroll children as beneficiaries of court-ordered health insurance; and,
  • Information necessary to access court-ordered health care coverage.

In certain circumstances, CSS may also release information to other individuals per OAC 340:25-5-67(b)(3-5).

Legal Authority

  • 42 U.S.C. § 653(b)  provides general requirements regarding disclosure of information to authorized persons
  • 43 O.S. § 112A provides conditions under which DHS may disclose an address of record
  • 43 O.S. § 413 provides that if DHS has reasonable evidence of domestic violence, DHS may refuse to disclose address and location information
  • 56 O.S. § 237(H) 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  provides CSS policy regarding confidential information and conditions for authorized disclosure

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