Ohio Administrative Code
Title 5101:12 - Child Support
Chapter 5101:12-1 - Support enforcement
Section 5101:12-1-20.1 - Requests for information contained in a person's case record
Universal Citation: OH Admin Code 5101:12-1-20.1
Current through all regulations passed and filed through September 16, 2024
(A) A child support enforcement agency (CSEA), the office of child support (OCS), or contractor shall only disclose information contained in a person's case record upon the request of an individual or entity when:
(1)
The disclosure is in accordance with the provisions of this rule, or
(2) The disclosure is in accordance with
written permission from the person. "Written permission" means a document
signed by a person or a person's legal guardian that permits an individual or
entity to disclose information contained in that person's case record. Written
permission shall include:
(a) The person's
full name;
(b) The name and title,
if any, of the individual or entity to whom the person or the person's legal
guardian is permitting disclosure of information;
(c) A description of the type of information
that the individual or entity is permitted to disclose;
(d) The duration of time that the person or
person's legal guardian is permitting the disclosure of information;
and
(e) The person's or legal
guardian's signature and the date on which the written permission is
signed.
(B) The CSEA, OCS, or a contractor shall disclose information that the CSEA, OCS, or contractor obtains from the state or federal parent locator service (PLS) upon the requests described in this paragraph.
(1) Request for location from a
representative of a child when the child is not receiving Ohio works first
(OWF) benefits.
(a) The CSEA, OCS, or
contractor shall disclose information about a noncustodial parent or alleged
father when the request is for the purposes of locating:
(i) An individual against whom a child
support order is sought;
(ii) An
individual who has or may have parental rights with respect to a
child;
(iii) An obligee of a child
support order; or
(iv) A parent or
child involved in a non-IV-D child support case.
(b) The following is the information that the
CSEA, OCS, or contractor may disclose about the non-custodial parent or alleged
father to the representative of the child:
(i)
Name;
(ii) Social security
number;
(iii) Address;
(iv) Employer's name;
(v) Employer's address;
(vi) Employer identification
number;
(vii) Wages;
(viii) Income;
(ix) Employment-related benefits, including
health care coverage; and
(x) Type,
status, location, and amount of assets or debts owed by or to the
person.
(c) Restrictions
on information disclosure:
(i) Information
shall not be disclosed unless the representative of a child:
(a) Attests that the request is being made to
obtain information on, or to facilitate the discovery of, any individual for
the purpose of establishing parentage, or establishing, modifying, or enforcing
a child support order;
(b) Attests
that any information obtained through the state or federal PLS shall be used
solely for the purposes described in paragraph (B)(1)(a) of this rule, and
shall be otherwise treated as confidential; and
(c) Pays the fee required for federal PLS
services, in accordance with
45
C.F.R. 303.70(f)(2)(i), as
in effect December 30, 2010, if the state does not pay the fee
itself.
(ii) Information
regarding multistate financial institution data match (MSFIDM) or state
financial institution data match (SFIDM) shall not be disclosed.
(iii) Information regarding federal tax
information (FTI), as defined in rules
5101:12-1-22
and 5101:12-1-22.1
of the Administrative Code shall not be
disclosed.
(iv) Information shall
not be disclosed when the CSEA, OCS, or contractor has reasonable evidence of
domestic violence or child abuse and the CSEA, OCS or contractor has determined
that the disclosure of such information could be harmful to the custodial
parent or child.
(v) Information
shall not be disclosed when the disclosure of such information would contravene
the national policy or security interests of the United States or the
confidentiality of census data.
(2) Request for location from a court or
agent of a court that is seeking to issue an order, or to serve as the
initiating court in an action to seek an order, for the support and maintenance
of a child.
(a) The CSEA, OCS, or contractor
shall disclose information about a non-custodial parent, alleged father,
custodial parent, or child when the request is for the purposes of locating:
(i) A parent;
(ii) An obligor of a child support
order;
(iii) An individual against
whom a child support order is sought;
(iv) An obligee of a child support order;
or
(v) A parent or child involved
in a non-IV-D child support case.
(b) The following is the information that the
CSEA, OCS, or contractor may disclose about the non-custodial parent, alleged
father, custodial parent, or child:
(i)
Name;
(ii) Social security
number;
(iii) Address;
(iv) Employer's name;
(v) Employer's address;
(vi) Employer identification
number;
(vii) Wages;
(viii) Income;
(ix) Employment-related benefits, including
health care coverage; and
(x) Type,
status, location, and amount of assets or debts owed by or to the
person.
(c) Restrictions
on information access, use, and disclosure:
(i) Information regarding FTI shall not be
disclosed unless the information is independently verified.
(ii) Information regarding MSFIDM or SFIDM
shall not be disclosed.
(iii)
Information shall not be disclosed when the CSEA, OCS, or contractor has
reasonable evidence of domestic violence or child abuse and the CSEA, OCS or
contractor has determined that the disclosure of such information could be
harmful to the custodial parent or child.
(3) Request for location from a county
department of job and family services (CDJFS), public children services agency
(PCSA), or county agency that is administering a Title IV-B or
Title
IV-E program, in accordance with the state plan for those programs.
(a) The CSEA, OCS, or contractor shall
disclose information about a noncustodial parent, alleged father, custodial
parent, child, or relative of a child involved in a Title IV-B or Title IV-E
case, when the purpose of the request is to locate:
(i) An individual who has or may have
parental rights with respect to a child; or
(ii) A parent, child, or relative of a child
in order to carry out Title IV-B or
Title IV-E program responsibilities, which
include potential placement of a child removed from parental custody, placing
siblings in groups, and permanency planning.
(b) The following is the information that the
CSEA, OCS, or contractor may disclose about the non-custodial parent, alleged
father, custodial parent, or child:
(i)
Name;
(ii) Social security
number;
(iii) Address;
(iv) Employer's name;
(v) Employer's address;
(vi) Employer identification
number;
(vii) Wages;
(viii) Income;
(ix) Employment-related benefits, including
health care coverage; and
(x) Type,
status, location, and amount of assets or debts owed by or to the
person.
(c) The
following is the information that the CSEA, OCS, or contractor may disclose
about a relative of a child involved in a Title
IV-B or Title IV-E case:
(i) Name;
(ii) Social security number;
(iii) Address;
(iv) Employer's name;
(v) Employer's address; and
(vi) Employer identification
number.
(d) Restrictions
on information disclosure:
(i) Information
regarding FTI shall not be disclosed unless the information is independently
verified.
(ii) Information
regarding MSFIDM or SFIDM shall not be disclosed.
(iii) When the information will be used to
locate an individual who has or may have parental rights with respect to a
child, national directory of new hires (NDNH) and federal case registry (FCR)
information may be disclosed without independent verification.
(iv) When the information will be used for
any purpose other than to locate an individual who has or may have parental
rights with respect to a child, NDNH and FCR information shall not be disclosed
unless the information is independently verified.
(v) Information shall not be disclosed when
the CSEA, OCS, or contractor has reasonable evidence of domestic violence or
child abuse and the CSEA, OCS or contractor has determined that the disclosure
of such information could be harmful to the custodial parent or
child.
(4)
Request for information from an agency administering Title IV (aid and services
to needy families with children and for child-welfare services), Title XIX
(medical assistance programs), Title XXI (state children's health insurance
program), and SNAP (supplemental nutrition assistance program).
(a) The CSEA, OCS, or contractor may disclose
information about a person contained in SETS to an agency administering Titles
IV, XIX, and XXI, and SNAP to perform its responsibilities as it relates to its
program.
(b) Restrictions on
information disclosure:
(i) Information
regarding FTI shall not be disclosed unless the information is independently
verified.
(ii) Information
regarding MSFIDM or SFIDM shall not be disclosed.
(iii) When the information will be used by
the Title IV-B or Title IV-E program for purpose other than to
establishing parentage or establishing, modifying, or enforcing child support
obligations, the information shall not be disclosed unless the information is
independently verified.
(iv) When
the information will be used by the medicaid program, NDNH and FCR information
shall not be disclosed unless the information is independently
verified.
(v) Information shall not
be disclosed when the CSEA, OCS, or contractor has reasonable evidence of
domestic violence or child abuse and the CSEA, OCS or contractor has determined
that the disclosure of such information could be harmful to the custodial
parent or child.
(vi) Information
shall not be disclosed when the disclosure of such information would contravene
the national policy or security interests of the United States or the
confidentiality of census data.
(5) Request for state directory of new hires
(SDNH) information from a CDJFS or county agency that is administering the food
assistance, medicaid, or OWF programs, a state agency that is administering the
unemployment compensation program, or a state agency that is administering a
Title I (assistance for the aged), Title X (aid to the blind), Title XIV (aid
to the permanently and totally disabled), or Title XVI (supplemental security
income for the aged, blind and disabled) program, in accordance with the state
plan for those programs.
(a) The CSEA, OCS, or
contractor shall disclose SDNH information about a person when the purpose of
the request is to verify income and eligibility for the programs of food
assistance, medicaid, OWF, unemployment compensation, Title I, Title X, Title
XIV, and Title XVI.
(b) The
following is the SDNH information that the CSEA, OCS, or contractor may
disclose about the person:
(i) Name;
(ii) Social security number;
(iii) Address;
(iv) Employer's name;
(v) Employer's address; and
(vi) Federal employer identification
number.
(c) Restrictions
on information disclosure:
(i) Information
regarding FTI shall not be disclosed unless the information is independently
verified.
(ii) Information
regarding MSFIDM or SFIDM shall not be disclosed.
(iii) Information shall not be disclosed when
the CSEA, OCS, or contractor has reasonable evidence of domestic violence or
child abuse and the CSEA, OCS or contractor has determined that the disclosure
of such information could be harmful to the custodial parent or
child.
(C) The CSEA, OCS, or a contractor shall disclose information that the CSEA, OCS, or contractor obtains from a source other than the state or federal PLS upon the request of an individual or entity in the following manner:
(1) Request for
information about a representative of a child or a child (regardless of whether
the child is receiving OWF benefits).
(a) The
CSEA, OCS, or contractor may disclose information about a representative of a
child or a child when the request is for a purpose directly connected to any of
the following:
(i) The support enforcement
program.
(ii) The food assistance,
medicaid, OWF, Title IV-B, or Title IV-E programs.
(iii) Any investigation, criminal
prosecution, or civil or administrative proceeding conducted in connection with
the administration of the support enforcement program or food assistance,
medicaid, OWF, Title IV-B, or Title IV-E programs.
(iv) To report suspected or known instances
of child abuse, exploitation, or the negligent treatment of a child who is the
subject of a child support case to the appropriate agency or
official.
(v) A federal, state, or
local audit.
(b) The
following is the information that the CSEA, OCS, or contractor may disclose
about the representative of a child or a child:
(i) Information that pertains to the support
order; and
(ii) Information that
pertains to the representative of a child or the child.
(c) Restrictions on information disclosure:
(i) Information obtained from the state or
federal PLS shall not be disclosed.
(ii) Information about any person in the
child support case other than the representative of a child or the child shall
not be disclosed and must be redacted from any document that will be disclosed,
unless the representative of a child obtains written permission from the other
person, in accordance with rule
5101:12-1-20
of the Administrative Code.
(iii)
Information shall not be disclosed when the CSEA, OCS, or contractor has
reasonable evidence of domestic violence or child abuse and the CSEA, OCS or
contractor has determined that the disclosure of such information could be
harmful to the representative of a child or child, unless the request for
information is from the representative of a child or the child.
(iv) Information shall not be disclosed when
the disclosure of such information would contravene the national policy or
security interests of the United States or the confidentiality of census
data.
(2)
Request for information about a non-custodial parent or attorney of a
noncustodial parent.
(a) The CSEA, OCS, or
contractor may disclose information about a non-custodial parent or attorney of
a non-custodial parent when the request is for a purpose directly connected to
any of the following:
(i) The support
enforcement program.
(ii) Any
investigation, criminal prosecution, or civil or administrative proceeding
conducted in connection with the administration of the support enforcement
program or food assistance, medicaid, OWF, Title IV-B, or
Title
IV-E programs.
(iii) A federal,
state, or local audit.
(b) The following is the information that the
CSEA, OCS, or contractor may disclose about a non-custodial parent or attorney
of a non-custodial parent:
(i) Information
that pertains to the support order; and
(ii) Information that pertains to the
non-custodial parent or attorney of the non-custodial parent.
(c) Restrictions on information
disclosure:
(i) Information about any person
in the child support case other than the non-custodial parent or attorney of
the non-custodial parent shall not be disclosed and must be redacted from any
document that will be disclosed, unless the non-custodial parent obtains
written permission from the other person, in accordance with rule
5101:12-1-20
of the Administrative Code.
(ii)
Information shall not be disclosed when the CSEA, OCS, or contractor has
reasonable evidence of domestic violence or child abuse and the CSEA, OCS or
contractor has determined that the disclosure of such information could be
harmful to the representative of a child or child.
(iii) Information obtained from the state or
federal PLS shall not be disclosed.
(iv) Information shall not be disclosed when
the disclosure of such information would contravene the national policy or
security interests of the United States or the confidentiality of census
data.
Effective: 4/1/2018
Five Year Review
(FYR) Dates: 12/13/2017 and
04/01/2023
Promulgated
Under: 119.03
Statutory
Authority: 3125.08,
3125.25,
3125.51
Rule
Amplifies: 3125.03,
3125.08,
3125.49,
3125.50.
Prior
Effective Dates: 11/11/1988, 10/01/1990, 11/15/1995 (Emer.), 01/30/1996,
01/01/1998, 04/18/2003, 06/15/2006, 03/01/2012,
09/01/2012
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