Chapter 450 Oregon Laws 2003

AN ACT

HB 2113

Relating to confidentiality of support enforcement records; amending ORS 25.260 and 180.380.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 25.260 is amended to read:

25.260. [(1) For the protection of applicants for and recipients of support enforcement services and the protection of any other person who may be a party to a proceeding to establish, modify or enforce a support obligation or an obligation to provide medical insurance coverage, the Division of Child Support, the district attorney and the Department of Human Services, unless otherwise authorized by law, shall not disclose or use the contents of any records, files, papers or communications for purposes other than those directly connected with:]

[(a) The administration of the plan or program approved under Part A, B, D, E or F of Title IV or under Title I, X, XIV, XVI, XIX or XX of the Social Security Act or the Supplemental Security Income Program established under Title XVI of the Social Security Act;]

[(b) Any investigation, prosecution or criminal or civil proceeding conducted in connection with the administration of the plan or program referred to in paragraph (a) of this subsection;]

[(c) The administration of any other federal or federally assisted program that provides assistance, in cash or in kind, directly to individuals on the basis of need; and]

[(d) Reporting to an appropriate agency or official, information on known or suspected instances of physical or mental injury, sexual abuse or exploitation or negligent treatment or maltreatment of a child who is the subject of child support enforcement activity, if the known or suspected instances are related to the child support enforcement activity.]

(1) As used in this section, “Child Support Program” means the program created under ORS 409.021. “Child Support Program” includes the Administrator of the Division of Child Support of the Department of Justice or a district attorney, or the administrator’s or district attorney’s authorized representative.

(2) Unless otherwise authorized by law, child support records, including data contained in the Child Support Program’s automated system, are confidential and may be disclosed or used only as necessary for the administration of the program.

(3) In administering the Child Support Program, the program may:

(a) In accordance with rules adopted under subsection (7) of this section, report abuse as defined in ORS 419B.005 if the abuse is discovered while providing program services.

(b) Extract and receive information from other databases as necessary to carry out the program’s responsibilities under state and federal law.

(4) The Child Support Program may compare and share information with public and private entities as necessary to perform the program’s responsibilities under state and federal law.

(5) The Child Support Program may exchange information with state agencies administering programs funded under Title XIX and Part A of Title IV of the Social Security Act as necessary for the Child Support Program and the state agencies to perform their responsibilities under state and federal law.

[(2)] (6) In addition to any penalty to which an individual may be subject under ORS 25.990, an employee of the Department of Justice, of a district attorney or of the Department of Human Services who discloses or uses the contents of any records[, files, papers or communications] in violation of subsection [(1)] (2) of this section is subject to discipline, up to and including dismissal from employment.

(7) The Department of Human Services shall adopt rules consistent with federal regulations governing confidentiality of Child Support Program information.

SECTION 2. ORS 180.380 is amended to read:

180.380. (1) In addition to its other duties, powers and functions, the Division of Child Support may [use its facilities and sources of information to search for any child or absent parent for the purpose of enforcing] disclose confidential information from the Federal Parent Locator Service to an authorized person if the information is needed to:

(a) Enforce any state or federal law regarding the unlawful taking or restraint of a child [or for the purpose of making or enforcing];

(b) Make or enforce a child custody determination;

(c) Establish paternity; or

(d) Establish, modify or enforce a child support order.

(2)(a) [Only information concerning] If the request for information is made for a purpose described in subsection (1)(a) or (b) of this section, the division may provide the most recent address and place of employment of [such] the child or parent [may be provided, and then only to authorized persons as defined in subsection (3) of this section].

(b) If the request for information is made for a purpose described in subsection (1)(c) or (d) of this section, the division may provide the following information:

(A) The Social Security number and address of the parent or alleged parent;

(B) The name, address and federal employer identification number of the employer of the parent or alleged parent; and

(C) The wages or other income from and benefits of employment of the parent or alleged parent.

(c) If there is evidence of possible domestic violence or child abuse by the individual requesting information under subsection (1) of this section, the division may disclose information under this subsection only to a court in accordance with rules adopted by the division.

(3) As used in ORS 180.320 and this section:

(a) “Authorized person” [means] includes:

(A) Any agent or attorney of any state who has the duty or authority under the law of such state to enforce a child custody determination;

(B) Any court or any agent of the court having jurisdiction to make or enforce [such] a judgment of paternity, a judgment of support or a child custody determination[, or any agent of such court];

(C) Any agent or attorney of the United States or of a state who has the duty or authority to investigate, enforce or bring a prosecution with respect to the unlawful taking or restraint of a child; [and]

(D) A state agency responsible for administering an approved child welfare plan or an approved foster care and adoption assistance plan; and

(E) A custodial parent, legal guardian or agent of a child, other than a child receiving temporary assistance for needy families, who is seeking to establish paternity or to establish, modify or enforce a child support order.

(b) “Custody determination” means a judgment, decree or other order of a court providing for the custody of, parenting time with or visitation with a child, and includes permanent and temporary orders, and initial orders and modifications.

Approved by the Governor June 24, 2003

Filed in the office of Secretary of State June 24, 2003

Effective date January 1, 2004

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