Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 25 - Child Support Services
Subchapter 5 - Operational Policies
Part 9 - DISCLOSURE OF INFORMATION
Section 340:25-5-67 - Information disclosure
Universal Citation: OK Admin Code 340:25-5-67
Current through Vol. 42, No. 1, September 16, 2024
(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) 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.
(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:
(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
(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:
(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
(E) persons with written authorization from a
child support case member to release information.
(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. 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.
Added at 9 Ok Reg 3275, eff 6-26-92 (emergency); Added at 10 Ok Reg 1813, eff 5-13-93 ; Amended at 17 Ok Reg 2426, eff 7-1-00 ; Amended at 19 Ok Reg 192, eff 10-30-01 (emergency); Amended at 19 Ok Reg 1746, eff 7-1-02 ; Amended at 20 Ok Reg 1240, eff 7-1-03 ; Amended at 21 Ok Reg 1344, eff 7-1-04 ; Amended at 22 Ok Reg 1221, eff 7-1-05 ; Amended at 23 Ok Reg 1842, eff 7-1-06 ; Amended at 24 Ok Reg 1301, eff 7-1-07 ; Amended at 26 Ok Reg 3036, eff 7-21-09 (emergency); Amended at 27 Ok Reg 1201, eff 7-1-10 ; Amended at 28 Ok Reg 812, eff 7-1-11 ; Amended at 29 Ok Reg 765, eff 7-1-12 ; Amended at 30 Ok Reg 643, eff 7-1-13
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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