New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter A - General Welfare
Article 5 - Miscellaneous
Part 347 - Establishment of Parentage and Enforcement of Child Support
Section 347.19 - Use and Disclosure of Confidential Information and Credit Reporting

(i) The information to be safeguarded includes all information or data obtained in connection with performance of child support functions, including records or information received in electronic form.

(ii) The requirements of this section apply to the Office and CSEU, any other state or local agency or official to whom the Office or CSEU delegates any of the functions of the child support program, and any official, person or entity performing child support functions pursuant to a cooperative agreement or purchase of services agreement.

(i) Access to and use of any information from the Internal Revenue Service, including federal tax return information, is restricted as specified in the Internal Revenue Code.

(ii)

(iii) All new employees of the Office or of the CSEU or social services district with access to child support information shall receive training in the permitted use, disclosure, and safeguarding of this information, as well as the penalties for its misuse. All employees of the Office or of the CSEU or social services district with access to child support information shall receive periodic training regarding these subjects.

(i) A party to the support order may obtain disclosure of any of his or her confidential information, information regarding case status and pending court appearances, and payment histories, except that information regarding an investigation of the parent or guardian for fraud or criminal prosecution shall not be disclosed;

(ii) A custodial parent or guardian may obtain information regarding current or pending support proceedings or processes and disclosure of information of the noncustodial parent, including location, employment, income, and assets, but only to the extent necessary to prepare for an administrative or court proceeding or for other child support purposes; or

(iii) A parent or guardian may grant written authorization to a third person, including an attorney, translator or legislator, to obtain disclosure of such information as he or she is entitled to obtain. The written authorization shall be valid for one year from the date signed or the date it is received by the CSEU, whichever is earlier, or until revoked by the parent or guardian in writing filed with the Office or CSEU.

(i) The Office or CSEU may, subject to such requirements as the Office may prescribe, disclose information to state agencies as necessary to carry out state agency functions under plans or programs under titles IV (including tribal programs under title IV), XIX, or XXI of the federal Social Security Act, and the Supplemental Nutrition Assistance Program, including:

(ii) Notwithstanding anything in this section to the contrary, information obtained from the following sources may only be used for the purpose of, and to the extent necessary to, establish parentage, establish, modify, or enforce an order of support or for the administration of the child support program:

(iii) Notwithstanding any other provision of this section, authorized disclosures under this paragraph shall be subject to the following limitations:

(i) If information is requested by court-issued subpoena, the Office or the CSEU shall oppose release of the information unless:

(ii) If disclosure is not authorized, the Office or CSEU shall move to quash the subpoena, or request that the child support agency in the state of the court issuing the subpoena take like steps to prevent the disclosure of the information. In instances where disclosure is prohibited due to the existence of a family violence indicator, the CSEU shall move that the court, pursuant to federal law, hold a hearing to determine if disclosure could result in harm to a family member or former family member, on notice to that individual. In such cases, the information will only be released to the court.

(i) A civil action pursuant to section 111-v (3) of the social services law by any person who incurs damages due to the improper use or disclosure;

(ii) If willful, referral for criminal prosecution pursuant to section 111-v (4) of the social services law and/or for official misconduct pursuant to section 195.00 of the Penal Law. Improper disclosure of federal tax return information may be subject to additional federal criminal penalties; and

(iii) Administrative penalties, including dismissal from employment.

(i) Information integrity, security and compliance. The CSEU shall have safeguards, protocols and policies in place protecting the integrity, accuracy, completeness of, access to, and use of information and data in any social services district computerized system, as well as meeting all compliance requirements. As used herein, computerized system means any system, network, hardware, software, program, or application which stores, produces, utilizes, manages, processes, accounts for, transmits, or monitors information or data used by the CSEU or any employee, agent, contractor or subcontractor in carrying out the CSEU's duties.

(ii) All computerized systems shall meet the applicable security and compliance requirements of federal and state law, regulation, and policy, including but not limited to requirements for the security of federal tax return information. The Office shall establish security and compliance controls, standards, and policies as may be applicable to all computerized systems and the handling of data subject to the requirements in this subdivision and notify the CSEU by administrative directive.

(iii) The Office and/or its agents will audit, review, assess and inspect the planning, design, development, installation, provisioning and deprovisioning of users, enhancement and operation of computerized systems and the policies and procedures involved in the handling of data subject to the requirements in this subdivision to determine the extent to which they meet the requirements of this section.

(iv) The Office may require the CSEU to submit and implement a corrective action plan to correct any deficiencies.

(i) For cases receiving child support services under title IV-D of the Social Security Act. The State parent locator service shall access the Federal parent locator service and other sources of information and records within the State or other states, if available, for locating custodial and noncustodial parents, alleged parents, or intended parents, or children for the purpose of establishing parentage, for establishing, modifying or enforcing child support obligations, or for the administration of the child support program under title IV-D of the Social Security Act.

(ii) For other individuals and purposes authorized under title IV-D of the Social Security Act.

(i) Any State or local agency or official providing child and spousal support services pursuant to the state plan under title IV-D of the Social Security Act;

(ii) A court that has authority to issue an order or to serve as the initiating court in an action to seek an order against a noncustodial parent for the support and maintenance of a child, or any agent of such court;

(iii)

(iv) A court, authorized agent or attorney of a state which has an agreement in connection with parental kidnapping, child custody or visitation cases meeting the requirements of federal law. Requests from such courts, agents or attorneys shall be made solely in the manner proscribed by the Office; or

(v) A State agency that is administering a program operated under a State plan under titles IV-B or IV-E of the Social Security Act.

(i) To locate an individual with respect to a child in a support or parentage proceeding (whether receiving services pursuant to title IV-D of the Federal Social Security Act or not) or a case under titles IV-B or IV-E of the Social Security Act. The State parent locator service shall locate individuals for the purpose of establishing parentage, or establishing, modifying, or enforcing child support obligations, for the administration of the child support program under title IV-D of the Social Security Act, or for determining who has or may have parental rights with respect to a child. For these purposes, only information available through the Federal or State parent locator services may be provided. This information is limited to Social Security number(s), most recent address, employer name and address, employer identification number, wages or other income from, and benefits of, employment, including rights to, or enrollment in, health care coverage, and asset and debt information.

(ii) To assist state or local agencies in carrying out their responsibilities under programs established pursuant to titles IV-D, IV-A, IV-B, and IV-E of the Social Security Act. In addition to the information that may be released pursuant to subparagraph (i) of this paragraph, State parent locator service information may be disclosed to agencies administering programs pursuant to titles IV- D, IV-A, IV-B, and IV-E of the Social Security Act for the purpose of assisting these agencies to carry out their responsibilities to administer such programs, including information to locate an individual who is a child or a relative of a child in a case under title IV-B or IV-E. For purposes of this section, "relative" of a child is a person related to such child by blood, marriage or adoption. Information that may be disclosed about relatives of children involved in title IV-B and IV-E cases is limited to name, Social Security number(s), most recent address, employer name and address and employer identification number.

(iii) To locate an individual sought for the unlawful taking or restraint of a child or for child custody or visitation purposes. The State parent locator service shall locate individuals for the purpose of enforcing state law with respect to the unlawful taking or restraint of a child or for making or, upon request by a court of competent jurisdiction, enforcing a child custody or visitation determination. This information is limited to the most recent address and place of employment of a parent or child.

(i) The SCU proposes to release the information to consumer reporting agencies;

(ii) Federal and State law permit such release;

(iii) Release of the information can be prevented by payment of the total amount of support arrears/past due support owed;

(iv) If the support arrears/pastdue support amount indicated in the notice is paid in part or in full after the release, the appropriate consumer reporting agencies will be so notified; and

(v) The procedures for contesting release of the information set out in paragraph (3) of this subdivision.

(i) In order to obtain review of the account, the respondent must contact the SCU by using the address provided in the notice and comply with any requests for information.

(ii) Prior to submitting any written documentation in connection with the review of the account, the respondent or his/her representative may obtain and review a copy of the SCU payment records relating to the account.

(iii) The SCU may not release the information to consumer reporting agencies until after the review of the account, provided such release is still appropriate.

(iv) In connection with the review of the account, the respondent may be represented by an attorney or assisted by another person.

(v) The respondent may submit written documentation in support of his/her claim, including a written explanation of why the proposed release of information to consumer reporting agencies should not occur.

(vi) The decision of the SCU will be based solely upon consideration of the court orders, SCU records and any written documentation submitted by the respondent in connection with the review of the account.

(vii) The SCU must complete such review as soon as practicable and notify the respondent of the results, in writing.