OAR 137-055-1160
Confidentiality — Finding of Risk and Order for Nondisclosure of Information

(1) For the purposes of this rule in addition to the definitions found in OAR 137-055-1020 (Child Support Program Definitions), the following definitions apply:
(a) “Claim of risk for nondisclosure of information” means a claim by a party to a paternity or support case made to the administrator, an administrative law judge or the court that there is reason to not contain or disclose the information specified in OAR 137-055-1140 (Confidentiality of Records in the Child Support Program)(6) because the health, safety or liberty of a party or child would unreasonably be put at risk by disclosure of such information;
(b) “Finding of risk and order for nondisclosure of information” means a finding and order by the administrator, an administrative law judge or the court, which may be made ex parte, that there is reason to not contain or disclose the information specified in OAR 137-055-1140 (Confidentiality of Records in the Child Support Program)(6) because the health, safety or liberty of a party or child would unreasonably be put at risk by disclosure of such information.
(2) A claim of risk for nondisclosure of information may be made to the administrator by a party at any time that a child support case is open. Forms for making a claim of risk for nondisclosure of information will be available from all child support offices and be made available to other community resources. At the initiation of any legal process that would result in a judgment or administrative order establishing paternity or including a provision concerning support, the administrator will provide parties an opportunity to make a claim of risk for nondisclosure of information.
(3)(a) When a party makes a written and signed claim of risk for nondisclosure of information pursuant to section (2) of this rule, the administrator will make a finding of risk and order for nondisclosure of information unless the party does not provide a contact address pursuant to section (5) of this rule;
(b) When a party is accepted into the Oregon Address Confidentiality Program, the administrator will make a finding of risk and order for nondisclosure of information. The party’s contact address will be the Oregon Address Confidentiality Program substitute address designated by the Attorney General pursuant to OAR 137-079-0150 (Certification Process for Program Participation).
(4) An administrative law judge will make a finding of risk and order for nondisclosure of information when a party makes a claim of risk for nondisclosure of information in a hearing unless the party does not provide a contact address pursuant to section (5) of this rule.
(5) A party who makes a claim of risk for nondisclosure of information under subsection (3)(a) or section (4) must provide a contact address pursuant to ORS 25.011 (“Address” defined). The contact address must be in the party’s home state and releasable to the other parties in legal proceedings. The claim of risk for nondisclosure of information form provided to the party by the administrator must have a place in which to list a contact address. If a requesting party does not provide a contact address, a finding of risk and order for nondisclosure of information will not be made.
(6) When an order for nondisclosure of information has been made, the administrator must redact any of the identifying information specified in section (1) from all pleadings, returns of service, orders, or any other documents that would be sent to the parties or would be available as public information in a court file. Any document sent to the court that contains any of the information specified in section (1) must be transmitted separately in a manner that notifies the court of the confidential nature of the contents or as provided by UTCR 2.130 (Rules governing original jurisdiction).
(7) A finding of risk and order for nondisclosure of information entered pursuant to this rule will be documented on the child support case record and will remain in force until the party who requested the claim of risk retracts it or requests dismissal in writing except as provided in section (8).
(8) If the contact address of a party who requested a claim of risk becomes invalid or is no longer available, the administrator will send a written request to the party asking that the party provide an updated contact address. The written request from the administrator must advise the party that if an updated contact address is not provided within 14 days, the administrator will use the party’s primary mailing or residence address as the contact address, and the new contact address may be released to the other parties.
(9) If an incarcerated party has a claim of risk, the administrator will notify the party in writing that the address of the correctional facility where the party is currently incarcerated will be used as the contact address for the duration of the party’s incarceration. The administrator will notify the incarcerated party 14 days prior to updating the contact address to the correctional facility.
(10) A party who requested a claim of risk may retract the claim on a form provided by the administrator. When a signed retraction form is received by the administrator, the administrator will enter, or will ask the court to enter, a finding and order terminating the order for nondisclosure of information.
(11) Any information previously protected under an order for nondisclosure of information will be subject to disclosure when the order for nondisclosure of information is terminated. The retraction form provided by the administrator will advise the requestor that previously protected information may be released to the other parties.
(12) In cases where the administrator is not involved in the preparation of the support order or judgment establishing paternity, or when child support services under ORS 25.080 (Entity primarily responsible for support enforcement services) are not being provided, any claim of risk for nondisclosure of information pursuant to ORS 25.020 (When support payment to be made to Department of Justice) must be made to the court.
(13) Notwithstanding section (5) of this rule, where the court has made a finding of risk and order for nondisclosure of information and the case is receiving or subsequently receives child support services pursuant to ORS 25.080 (Entity primarily responsible for support enforcement services), the administrator will implement the court’s finding pursuant to this rule. In such a case, the administrator will use, in order of preference, the party’s contact address as contained in the court file, or the party’s contact address previously provided to the administrator. If no contact address is available through either of these sources, the administrator will send a written request to the party, asking that the party provide a contact address. The written request from the administrator must advise the party that if no contact address is provided within 14 days, the administrator will use the party’s primary mailing or residence address as the contact address, and the new contact address may be released to the other parties.
(14) When the child of a participant in the Oregon Address Confidentiality Program reaches the age of 18, and the child is eligible for or is receiving services as a child attending school pursuant to ORS 107.108 (Support or maintenance for child attending school), a claim of risk for nondisclosure of information regarding the child may be made by the administrator. If a claim is made, the child will be asked to provide a contact address, which must be certified as safe by the parent participating in the Oregon Address Confidentiality Program. If the child does not provide a contact address certified as safe by the parent participating in the Oregon Address Confidentiality Program, no child support services will be provided for the child.
(15) When the child of an obligee with a claim of risk reaches the age of 18, they are subject to the obligee’s claim of risk. If the child is eligible for or receiving services as a child attending school pursuant to ORS 107.108 (Support or maintenance for child attending school), the child may also make a written and signed claim of risk and provide a contact address. If the child provides a different address than the obligee’s contact address, the administrator will notify the obligee of the contact address provided by the child and allow the obligee 14 days to object to the contact address provided by the child because it is not safe for the obligee. If the child does not provide an acceptable contact address, the obligee’s contact address will be used as the contact address for the child.
(16) Notwithstanding section (8), if the contact address of an adult child or a child attending school who is the child of an obligee with a claim of risk becomes invalid, the administrator will send a written request to the child asking that they provide an updated contact address. The written request from the administrator must advise the child that if an updated contact address is not provided within 14 days, the administrator will use the obligee’s contact address as the contact address for the child, and the new contact address may be released to the other parties.

Source: Rule 137-055-1160 — Confidentiality — Finding of Risk and Order for Nondisclosure of Information, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-055-1160.

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. 24, 2021

Rule 137-055-1160’s source at or​.us