Ohio Admin. Code 5101:12-1-20.1

Current through all regulations passed and filed through December 2, 2024

Section 5101:12-1-20.1 - Requests for information contained in a person's case record

(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.

(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.

(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.

(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.

Ohio Admin. Code 5101:12-1-20.1

Five Year Review (FYR) Dates: 9/22/2023 and 09/22/2028
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

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