Employees of the Franklin County CSEA are strictly limited in regard to the information that may be released to the parties of a case, or to a third party. For example, clients often ask us to release the address or phone number of the other party to their case. Sometimes children who are subject to a support order will ask for contact information regarding the non-residential parent. FCCSEA employees are prohibited from releasing such information, subject to Child Support Program Manual section 5101:1-29-07.1, which is reproduced below.

When case information is released to a party on the case, the agency must first redact (edit out) confidential information regarding the other party to the case, before the information may be released to the requesting party.

5101:1-29-07.1 Child Support Information: Confidentiality.

Effective Date: April 18, 2003.

(A) Pursuant to section 3125.50 of the Revised Code, no person shall disclose information concerning applicants for and recipients of child support enforcement program services provided by a county child support enforcement agency (CSEA) or kept by the Ohio Department of Job and Family Services (ODJFS) except as provided in this rule. Whoever violates the provisions of this rule shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both pursuant to section 3125.99 of the Revised Code.

This rule sets forth the extent to which information concerning applicants for and recipients of child support enforcement program services may be disseminated or reviewed. The policy in this rule is based upon federal and state law including, but not limited to, Title 45 of the Code of Federal Regulations, and sections 3125.16, 3125.50, 3125.99 and Chapter 1347. of the Revised Code.

This rule addresses the safeguarding of information contained on any medium, including but not limited to, paper, film, computer, or any other electronic medium.

(B) The use or disclosure of child support information concerning applicants and recipients of child support services is limited to the following:

(1) Purposes directly connected with any investigation, prosecution or criminal, civil, or administrative proceedings conducted in connection with the administration of the child support enforcement program.

(a) "Purposes directly connected with" means any information necessary to pursue a child support action.

(b) Information not needed to pursue a child support action is not considered as being released for "purposes directly connected with" and may not be provided.

(2) Purposes directly connected with any of the following programs: the child support program, Ohio Works First (OWF), federal child welfare, federal foster care maintenance, job opportunity and basic skills, supplemental security income, Medicaid or Title XX social services plans or programs.

(3) Purposes directly connected with the administration of any other federal or federally assisted program which provides assistance in cash or kind, or services directly to individuals on the basis of need.

(4) Reporting child abuse of a child who is the subject of a child support enforcement activity to the appropriate agency or official.

(5) Information maintained by a CSEA or the Ohio Department of Job and Family Services (ODJFS) of which a person is a subject, may be inspected by an authorized person. "Authorized person" means the subject, the subject's legal guardian, the subject's attorney of record in a currently pending matter or any other person with written permission by the subject or subject's legal guardian.

The release statement shall contain at a minimum, the subject's full name, the name and title of the authorized person, the duration in which the authorized person may view or inspect the information and the subject's signature and date.

(a) Inspect means that any authorized person may view any documents containing information to which the person is the subject. Any information to which the person is not the subject contained on the same document or medium and which could not be accessed under some other section of this rule must be redacted (edited out) before it is viewed by the authorized person.

(b) Any computer screen containing information regarding the person who is the subject of the information must be screen printed and redacted, if appropriate, before the authorized person may view the information.

(c) Release of information to third parties, to which the subject of the information is entitled pursuant to paragraphs (B)(5)(a) to (B)(5)(c) of this rule, is permitted if the request for the information is preceded by, or accompanied by a signed release of information from either the subject, the subject's legal guardian, or other person authorized to release the information.

(6) Access to CSEA information concerning applicants and recipients of child support enforcement services when related to a state hearing request is governed by other sections of the Administrative Code.

(7) Pursuant to section 3125.16 of the Revised Code, each obligor and obligee under a child support order may review all records maintained by a CSEA which pertain to the support order and any other information maintained by the CSEA, except as prohibited by state or federal law. The release of addresses of parties and other information, unless it is connected with the administration of the child support enforcement program, is prohibited pursuant to paragraph (B)(8) of this rule.

(8) If an obligor or obligee's address is requested and can be released pursuant to any section of this rule and the CSEA has any indication or information that the person may not wish the address to be released, a notice shall be mailed to the person's last known address. The notice shall advise the obligor or obligee that a request for disclosure has been made and will be complied with within thirty calendar days from the date of the notice unless the CSEA receives a copy of a court order which enjoins the disclosure of the information or restricts or limits the requesting party's right to contact or visit the person, or the person can provide verification that a judicial hearing has been requested to contest the disclosure or the CSEA receives a copy of a current and valid domestic violence protection order protecting the obligor or obligee from the requesting party. If verification is provided that a judicial hearing has been requested to contest the disclosure, the agency will delay the disclosure of the information until a decision has been rendered by the court.

(9) The CSEA, at its option, may require the requesting party to sign an affidavit stating the intended use of the information requested and informing the requesting party of the penalty described in paragraph (A) of this rule for misuse of the information.

(10) Federal, state, and local auditors shall be given access to CSEA information concerning applicants and recipients of child support services if the information sought is relevant and necessary in completing their statutory duties and access is permitted through relevant statute, regulation or rule.

(11) Disclosure of information to a state legislator or elected official who is intervening on a specific constituent's behalf when the request is related to a child support problem is permissible. The CSEA may, at its option, require a signed release from the IV-D applicant or recipient. Disclosure of any information that identifies by name or address any applicant or recipient of child support enforcement services to any committee or legislative body(federal, state or local) is prohibited.

(12) Information from several federal and state sources is available on line in SETS. Release of information that was obtained in this manner shall be subject to this rule except as follows:

(a) Federal parent locator service information is governed by rules in other sections of the Administrative Code.

(b) Information obtained from credit reporting agencies is governed by another section of the Administrative Code.

(c) The release of workers compensation claims information obtained through SETS , except when used for the purpose of IV-D support enforcement, shall be subject to section 4123.88 of the Revised Code.

(d) Release of information obtained from ODJFS office of unemployment compensation except for purposes of IV-D support enforcement, shall be subject to sections 4141.21 and 4141.22 of the Revised Code.

(13) Disclosure of IRS information is governed by other sections of the Administrative Code.

(14) Release of child support information concerning applicants or recipients of child support services filed with the clerk of courts will not be governed by this rule. Release of this information by the court will be determined by the court through the court's policies and any other laws applicable to court records.

(a) When child support information maintained by ODJFS or a CSEA is also filed with a clerk of courts, the release of such information by ODJFS or the CSEA is subject to this rule.

(b) Information available to the court through the SETS will be subject to this rule and other designated sections of the Administrative Code.

(C) Each CSEA shall develop procedures for answering child support information requests that will provide for reasonable and timely access to information that is accessible. Such procedures shall include, but are not limited to the following.

(1) Attempting to comply with requests during business hours either on the day requested or within ten working days of the request.

(2) Charging the cost of copying documents or releasing the information on another medium to the person that makes the request.

(a) The cost charged for paper documents shall not exceed twenty-five cents per page.

(b) The cost charged for information placed on other medium shall not exceed the cost of supplies and services used to supply the information (e.g., cost of computer discs, cost of computer time).

(c) Any CSEA, at its discretion, may waive the charging of costs so long as the CSEA can demonstrate good cause to do so and attempts to waive costs in a consistent manner. The indigency of the requesting party is grounds for waiving the charging of cost to the requesting party. A requesting party who is a recipient of Ohio Works First (OWF), food stamps, supplemental security income(SSI), or disability assistance (DA) benefits is presumed to be indigent for the purposes of obtaining a waiver of the charging of costs.

Effective: April 18, 2003