OAR 137-055-1140
Confidentiality of Records in the Child Support Program

(1)(a) As used in this rule, “employee” means a person employed by the Department of Justice (DOJ) or a District Attorney office that provides Child Support Program services;
(b) “Party” has the meaning given in OAR 137-055-1020 (Child Support Program Definitions), or a party’s attorney.
(2) For purposes of this rule, “case record” means all information residing in all Child Support Program computer systems, electronic data storage, and paper files, including but not limited to:
(a) The names of the obligor, beneficiary and obligee or other payee;
(b) The addresses of the obligor, beneficiary and obligee or other payee;
(c) The contact address and address of service of the obligee, beneficiary or obligor;
(d) The name and address of the obligor’s or obligee’s employer;
(e) The social security numbers of the obligor, the obligee and beneficiaries;
(f) The record of all legal and collection actions taken on the case;
(g) The record of all accrual and billings, payments, distribution and disbursement of payments;
(h) The narrative record; and
(i) The contents of any paper file relating to a child support case.
(j) All information extracted from other agencies’ electronic records, as defined in ORS 84.004 (Definitions for ORS 84.001 to 84.061).
(3) Except as provided in section (5) of this rule, child support case records are confidential and may not be disclosed or used except for purposes directly connected to the administration of the Program.
(4) For purposes of this rule, “purposes directly connected to the administration of the Child Support Program” includes the following:
(a) The disclosure of information necessary to process a Child Support Program legal action.
(b) Information shared as provided in 45 CFR 303.21, ORS 25.260 (Confidentiality of records)(5), OAR 137-055-1320 (Access to FPLS for Purposes of Parentage Establishment; Child Support Establishment, Modification or Enforcement; or Determining Who Has or May Have Parental Rights), and 137-055-1360 (Access to FPLS for Parental Kidnapping, Child Custody or Visitation Purposes), or other agency rule;
(c) Information shared as required by state or federal statute or rule;
(d) The disclosure of information to elected federal and state legislators, the Governor, or the county commissioners to address a constituent complaint.
(A) Elected federal and state legislators and the Governor are considered to be within the chain of oversight of the Child Support Program. Information about a child support case may be shared with these elected officials and their staff in response to issues brought by constituents who are parties to the case;
(B) County commissioners serve in a representative for their constituents and are entitled to receive information necessary to respond to questions or concerns about child support cases received from their constituents. District Attorneys are Department sub-recipients. Therefore, Child Support Program Administration may also respond to constituent issues brought by county commissioners on District Attorney administered child support cases where the constituent is a party.
(e) The disclosure of information to a party’s interpreter.
(f) The disclosure of information to the executor of an estate or personal representative of a deceased party that the deceased party would have been entitled to receive.
(g) The disclosure of information to a private industry council as provided in 42 USC 654a(f)(5).
(A) The information released under this subsection may be provided to a private industry council only for the purpose of identifying and contacting noncustodial parents regarding participation of the noncustodial parents in welfare-to-work grants under 42 USC 603(a)(5).
(B) For the purposes of this subsection, “private industry council” means, with respect to a service delivery area, the private industry council or local workforce investment board established for the service delivery area pursuant to Title I of the Workforce Investment Act (29 USC 2801, et seq.). “Private industry council” includes workforce centers and one-stop career centers.
(h) The disclosure of information about a child support case to a party to that case.
(i) The disclosure of payment and other accounting information to a former child attending school to whom arrears are owed if relevant to the child.
(5) Upon request, the Program may, to the extent that it does not interfere with meeting its own obligations and subject to such requirements as the Office of Child Support Enforcement may prescribe, disclose confidential information to state agencies as necessary to assist them to carry out their responsibilities under plans and programs funded under titles IV (including Tribal programs under title IV), XIX, or XXI of the Social Security Act, and the Supplemental Nutrition Assistance Program (SNAP), including:
(a) Any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any such plan or program; and
(b) Information on known or suspected instances of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child under circumstances which indicate that the child’s health or welfare is threatened.
(6) Except as specifically required or authorized by statute or rule, the following personal information about the parties and child unrelated to a purpose under section (4) should be redacted from documents before release. Information about a party need not be redacted when releasing information to that party.
(a) Residence or mailing address;
(b) Social security number;
(c) Telephone number;
(d) Employer’s name, address and telephone number;
(e) Financial institution account information;
(f) Driver’s license number;
(g) Date of birth;
(h) Day care provider’s name and address; and
(i) Any other information which may identify the location of the minor child or party.
(7) All but the last four digits must be redacted from information described in subsections (6)(b), (6)(e), or (6)(f) of this rule whenever the information is released unless the full number is specifically required or authorized by law or is otherwise necessary.
(8) Case status and payment history may be provided to a party via the Child Support Program web page if appropriate personal identifiers, such as social security number, case number, or date of birth are provided in order to access such information.
(9) Where there is a finding of risk and order for nondisclosure of information pursuant to OAR 137-055-1160 (Confidentiality — Finding of Risk and Order for Nondisclosure of Information), all nondisclosable information must be redacted before documents are released.
(10) Requestors may be required to pay for the actual costs of staff time and materials to produce copies of case records before documents are released.
(11) Information that would normally be disclosed to a party to a child support case can be disclosed to a third party if:
(a) The party has granted written consent to release the information to the third party and the third party provides the party’s Social Security number, child support case number, or other identifying information sufficient to verify the speaker’s identity as the authorized third party;
(b) The party has granted verbal consent to release the information to the third party, applicable for the single phone call or conversation during which the party provided consent; or
(c) The person has power of attorney for the party, the duration and scope of which authorizes release of the requested information from a case record at the time that the person requests such information. The power of attorney remains in effect until a written request to withdraw the power of attorney is submitted by the party or by the person, unless otherwise noted on the power of attorney. Each time the person designated by the power of attorney contacts the Program on behalf of the party, the person must provide the party’s Social Security number, child support case number, or other identifying information sufficient to verify the person’s identity.
(12) A child support case account balance is derived from the child support judgment, which is public information, and from the record of payments, which is not. Therefore, the case balance is not public information, is confidential, and may not be released to persons not a party except as otherwise provided in this rule.
(13) Information obtained from the Internal Revenue Service or the Oregon Department of Revenue is subject to confidentiality rules imposed by those agencies even if those rules are more restrictive than the standards set in this rule, and may not be released for purposes other than those specified by those agencies.
(14) Criminal record information obtained from the Law Enforcement Data System or any other law enforcement source may be used for child support purposes only and may not be disclosed to parties or any other person or agency outside of the Program. Information about the prosecution of child support related crimes initiated by the administrator may be released to parties in the child support case.
(15) Employees with access to computer records or records of any other nature available to them as employees may not access such records that pertain to their own child support case or the child support case of any relative or other person with whom the employee has a personal friendship or business association. No employee may perform casework on their own child support case or the case of any relative or other person with whom the employee has a personal friendship or business association.
(16)(a) When an employee has reasonable cause to believe that a child has suffered abuse as defined in ORS 419B.005 (Definitions)(1)(a) the employee may make a report to the Department of Human Services, and must make a report if abuse is witnessed while providing Program services. The report may include otherwise confidential information, except:
(A) Information from the Internal Revenue Service or a financial institution data match, unless independently verified; or
(B) Information that would interfere with Program obligations, including information that could be harmful to a victim of child abuse or domestic violence if disclosed to the Department of Human Services.
(b) If the child’s safety is at immediate risk, a report may be made to law enforcement pursuant to section (21) of this rule.
(17) Employees who are subject to the Oregon Rules of Professional Conduct must comply with those rules regarding mandatory reporting of child abuse.
(18) If an employee discloses or uses the contents of any child support records, files, papers or communications in violation of this rule, the employee is subject to progressive discipline, up to and including dismissal from employment.
(19) To ensure knowledge of the requirements of this rule, employees with access to computer records, or records of any other nature available to them as employees, are required annually to:
(a) Review this rule and the Program’s automated tutorial on confidentiality;
(b) Complete with 100 percent success the Program’s automated examination on confidentiality; and
(c) Complete the certificate acknowledging confidentiality requirements. The certificate of completion must be in the form prescribed by the Program.
(20)(a) For Department employees, each certificate of completion must be forwarded to, or be accessible electronically by, the Department’s Human Resources office, with a copy kept in the employee’s local office drop file or saved in an electronic format;
(b) For District Attorney employees, each certificate of completion must be kept in accordance with county personnel practices.
(21) Notwithstanding any other provision of this rule, an employee may provide child support confidential information to a local law enforcement agency when the employee reasonably believes or a local law enforcement agency asserts that it is necessary to prevent death or physical harm to any person(s).

Source: Rule 137-055-1140 — Confidentiality of Records in the Child Support Program, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-055-1140.

137‑055‑1010
Applicability of Rules in OAR 137, Division 55 137‑055‑1020
Child Support Program Definitions 137‑055‑1040
“Party Status” in Court and Administrative Proceedings 137‑055‑1060
Uniform Application for Child Support Enforcement Services 137‑055‑1070
Provision of Services 137‑055‑1080
Fees 137‑055‑1090
Good Cause 137‑055‑1100
Continuation of Services 137‑055‑1120
Case Closure 137‑055‑1140
Confidentiality of Records in the Child Support Program 137‑055‑1160
Confidentiality — Finding of Risk and Order for Nondisclosure of Information 137‑055‑1200
Use of Social Security Number by the Child Support Program 137‑055‑1320
Access to FPLS for Purposes of Parentage Establishment 137‑055‑1360
Access to FPLS for Parental Kidnapping, Child Custody or Visitation Purposes 137‑055‑1500
Incentive Payments 137‑055‑1600
Child Support Program Participant Grievance 137‑055‑1700
Division of Child Support as Garnishee — Service of Writ 137‑055‑1800
Limited English Proficiency 137‑055‑2020
Case Assignment 137‑055‑2045
Spousal Support 137‑055‑2060
Cases with Contradictory Purposes 137‑055‑2080
Office Responsible for Providing Services when Conflict of Interest 137‑055‑2100
Process Service 137‑055‑2120
Rules for Contested Case Hearings in the Child Support Program 137‑055‑2140
Delegations to Administrative Law Judge 137‑055‑2160
Requests for Hearing 137‑055‑2165
Requests to Reschedule Hearing 137‑055‑2170
Use of Lay Representatives at Administrative Hearings 137‑055‑2180
Reconsideration and Rehearing 137‑055‑2320
Requirement for Services — Obligor Bankruptcy Situations 137‑055‑2340
Obligor Bankruptcy Situations in General 137‑055‑2360
Obligor Chapter 7 and Chapter 11 Bankruptcy Situations 137‑055‑2380
Obligor Chapter 12 and Chapter 13 Bankruptcy Situations 137‑055‑3020
Paternity Establishment Procedures 137‑055‑3040
Temporary Order for Support 137‑055‑3060
Establishing Paternity in Multiple Alleged Father Cases 137‑055‑3080
Responsibility of Administrator to Establish Paternity at Request of Self-Alleged Father 137‑055‑3100
Order Establishing Paternity for Failure to Comply with an Order for Parentage Testing 137‑055‑3120
Changing Child’s Surname on Birth Certificate When Paternity Established 137‑055‑3140
Reopening of Paternity Cases 137‑055‑3200
Pending Judicial Proceedings and Existing Support Orders 137‑055‑3220
Establishment of Past Support Orders 137‑055‑3240
Establishment of Arrears 137‑055‑3260
Correction of Mistakes in Orders 137‑055‑3280
Administrative Law Judge Order Regarding Arrears 137‑055‑3290
Entry of Contingency Orders When Child Out of Care 137‑055‑3300
Incarcerated Obligors 137‑055‑3360
Entering of Administrative Orders in the Register of the Circuit Court 137‑055‑3400
District Attorney Case Assignment for Modification or Suspension of Support 137‑055‑3410
Notice and Finding of Financial Responsibility or Modification 137‑055‑3420
Periodic Review and Modification of Child Support Order Amounts 137‑055‑3430
Substantial Change in Circumstance Modification of Child Support Order Amounts 137‑055‑3435
Physical Custody Changes: Adjusting Orders 137‑055‑3440
Effective Date of Modification Under ORS 25.527 137‑055‑3460
Processing Modifications When Unable to Find the Obligee 137‑055‑3480
Modification of a Support Order to Zero or Termination of a Support Order 137‑055‑3485
Establishment or Modification for a Child Who Is Approaching or Has Reached 18 Years of Age 137‑055‑3490
Suspension of Enforcement 137‑055‑3495
Redirection of Support 137‑055‑3500
Joinder of a New Party to a Child Support Proceeding 137‑055‑3620
Administrative Subpoena 137‑055‑3640
Enforcement of a Subpoena by License Suspension 137‑055‑3660
Multiple Child Support Judgments 137‑055‑3665
Multiple Child Support Judgments — Multiple Obligees 137‑055‑4040
New Hire Reporting Requirements 137‑055‑4060
Income Withholding — General Provisions, Requirements and Definitions 137‑055‑4080
Exceptions to Income Withholding 137‑055‑4130
Reduced Income Withholding 137‑055‑4160
Contested Income Withholding 137‑055‑4210
Withholder Penalties 137‑055‑4300
Support Enforcement by Methods Other than Income Withholding 137‑055‑4320
Collection of Delinquent Support Obligations Through the Oregon Department of Revenue 137‑055‑4340
Collection of Delinquent Support Obligations Through the U.S. Secretary of the Treasury 137‑055‑4420
License Suspension for Child Support 137‑055‑4440
Liens Against Personal and Real Property 137‑055‑4450
Expiration and Release of Judgment Liens 137‑055‑4455
Expiration of Support Judgment Remedies 137‑055‑4460
Posting Security Bond or Other Guarantee of Payment of Overdue Support 137‑055‑4500
Financial Institution Data Match — Reasonable Fee 137‑055‑4510
Financial Institution Data Matches – Insurance Claims 137‑055‑4520
Garnishment 137‑055‑4540
Passport Denial and Release 137‑055‑4560
Consumer Credit Reporting Agencies 137‑055‑4620
Enforcing Health Care Coverage and Cash Medical Support 137‑055‑4640
Medical Support Notice — Plan Selection 137‑055‑5025
Payment of Child Support to an Escrow Agent 137‑055‑5030
Receipting of Support Payments 137‑055‑5035
Payment by Electronic Funds Transfer 137‑055‑5040
Accrual and Due Dates 137‑055‑5045
Inconsistent Provisions: Body of Order and Support or Money Award 137‑055‑5060
Billings for Support Payments 137‑055‑5080
Adding Interest 137‑055‑5110
Child Attending School 137‑055‑5120
Child Attending School — Arrears 137‑055‑5220
Satisfaction of Support Awards 137‑055‑5240
Credit for Support Payments not made to the Department of Justice 137‑055‑5400
Obligor Receiving Cash Assistance, Presumed Unable to Pay Child Support 137‑055‑5510
Request for Credit Against Child Support Arrears for Physical Custody of Child 137‑055‑5520
Request for Credit Against Child Support Arrears for Social Security or Veterans’ Benefits Paid Retroactively on Behalf of a Child 137‑055‑6010
Definitions for Distribution and Disbursement 137‑055‑6020
Disbursement by Electronic Funds Transfer/Electronic Data Interchange 137‑055‑6021
Allocation, Distribution, and Disbursement: General Provisions 137‑055‑6022
Distribution and Disbursement 137‑055‑6023
Exceptions to Allocation, Distribution, and Disbursement 137‑055‑6024
Allocation of Collections to Multiple Cases 137‑055‑6026
Payment Holds 137‑055‑6040
Right to Hearing to Contest Amount of Assigned Support 137‑055‑6120
Satisfaction of Arrears for Less Than Full Payment 137‑055‑6200
Adjusting Case Arrears When an Error is Identified 137‑055‑6210
Advance Payments of Child Support 137‑055‑6220
Recovery of Overpayments and Collection of Receivable Accounts 137‑055‑6240
Dishonored Payments on Support Accounts 137‑055‑6260
Return of Payments to Obligor or Other Jurisdiction 137‑055‑6280
Refund of Improper Tax Refund Collection 137‑055‑7040
Central Registry 137‑055‑7060
Initiating Jurisdiction Responsibilities – General Provisions 137‑055‑7100
Interstate Income Withholding 137‑055‑7120
Responding Jurisdiction Responsibilities – General Provisions 137‑055‑7140
Oregon as Responding Jurisdiction – Establishing Paternity 137‑055‑7180
Determining Controlling Order 137‑055‑7190
Review and Modification In Intergovernmental Cases
Last Updated

Jun. 8, 2021

Rule 137-055-1140’s source at or​.us