Ohio Administrative Code|Rule 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 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.

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Filed

Jan 24, 2020

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Dismissal

Judge

Hon. Sherry L. Glass Trellis Spinner 👉 Discover key insights by exploring more analytics for Sherry L. Glass

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Lorain County

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Lorain County, OH

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