(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 non-custodial 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 non-custodial 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 non-custodial 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.
Five Year Review (FYR) Dates: 9/22/2023 and 09/22/2028
Certification: CERTIFIED ELECTRONICALLY
Date: 09/22/2023
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, 04/01/2018