Basic confidentiality rules for the division of child support.
(1) Under RCW 26.23.120
, all information and records, concerning persons who owe a support obligation or for whom the division of child support (DCS) provides support enforcement services, are private and confidential.
(2) DCS discloses information and records only to a person or entity listed in this section or in RCW 26.23.120
, and only for a specific purpose allowed by state or federal law. See WAC 388-14A-7500
regarding disclosure of personal information in the context of referrals under the Uniform Interstate Family Support Act (UIFSA).
(3) DCS may disclose information to:
(a) The person who is the subject of the information or records, unless the information or records are exempt under RCW 42.17.310
(b) Local, state, and federal government agencies for support enforcement and related purposes;
(c) A party to a judicial proceeding or a hearing under chapter 34.05
RCW, if the superior court judge or administrative law judge (ALJ) enters an order to disclose. The judge or presiding officer must base the order on a written finding that the need for the information outweighs any reason for maintaining privacy and confidentiality;
(d) A party under contract with DCS, including a federally recognized Indian tribe, if disclosure is for support enforcement and related purposes;
(e) A person or entity, including a federally recognized Indian tribe, when disclosure is necessary to the administration of the child support program or the performance of DCS functions and duties under state and federal law;
(f) A person, representative, or entity if the person who is the subject of the information and records consents, in writing, to disclosure;
(g) The office of administrative hearings or the office of appeals for administration of the hearing process under chapter 34.05
RCW. The ALJ or review judge must:
(i) Not include the address of either party in an administrative order, or disclose a party's address to the other party;
(ii) State in support orders that the address is known by the Washington state support registry; and
(iii) Inform the parties they may obtain the address by submitting a request for disclosure to DCS under WAC 388-14A-2110
(4) DCS may publish information about a noncustodial parent (NCP) for locate and enforcement purposes.
(5) WAC 388-14A-2114
(1) sets out the rules for disclosure of address, employment or other information regarding the custodial parent (CP) or the children in response to a public disclosure request.
(6) WAC 388-14A-2114
(2) sets out the rules for disclosure of address, employment or other information regarding the NCP in response to a public disclosure request.
(7) DCS may disclose the Social Security number of a dependent child to the noncustodial parent (NCP) to enable the NCP to claim the dependency exemption as authorized by the Internal Revenue Service.
(8) DCS may disclose financial records of an individual obtained from a financial institution only for the purpose of, and to the extent necessary, to establish, modify, or enforce a child support obligation of that individual.
(9) Except as provided elsewhere in chapter 388-14A
WAC, chapter 388-01
WAC governs the process of requesting and disclosing information and records.
(10) DCS must take timely action on requests for disclosure. DCS must respond in writing within five working days of receipt of the request.
(11) If a child is receiving foster care services, the parent(s) must contact their local community services office for disclosure of the child's address information.
(12) The rules of confidentiality and penalties for misuse of information and reports that apply to a IV-D agency employee, also apply to a person who receives information under this section.
(13) Nothing in these rules:
(a) Prevents DCS from disclosing information and records when such disclosure is necessary to the performance of its duties and functions as provided by state and federal law;
(b) Requires DCS to disclose information and records obtained from a confidential source.
(14) DCS cannot provide copies of the confidential information form contained in court orders. You must go to court to get access to the confidential information form. DCS may disclose information contained within the confidential information form if disclosure is authorized under RCW 26.23.120
, chapter 388-01
WAC, or chapter 388-14A
(15) DCS may provide a Support Order Summary to the parties to an administrative support order under WAC 388-14A-2116.
[Statutory Authority: RCW 34.05.220
(2), 43.20A.550, 74.04.055, 74.08.090, 74.20.040, 74.20A.310. WSR 07-08-055, § 388-14A-2105, filed 3/29/07, effective 4/29/07. Statutory Authority: RCW 26.23.120
, 74.08.090. WSR 02-07-091, § 388-14A-2105, filed 3/19/02, effective 4/19/02; WSR 01-03-089, § 388-14A-2105, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-030.]