72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2113
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Attorney General Hardy
Myers for Department of Justice)
CHAPTER ................
AN ACT
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
Enrolled House Bill 2113 (HB 2113-A) Page 1
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
Enrolled House Bill 2113 (HB 2113-A) Page 2
(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.
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Passed by House February 25, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 2, 2003
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President of Senate
Enrolled House Bill 2113 (HB 2113-A) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
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Governor
Filed in Office of Secretary of State:
......M.,............., 2003
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Secretary of State
Enrolled House Bill 2113 (HB 2113-A) Page 4