Does DCS give notice to anyone before releasing information pursuant to a public disclosure request?
(1) Prior to disclosing the address of the custodial parent (CP) or a child, DCS mails a notice to the last known address of the CP, except as provided under WAC 388-14A-2115
. The notice advises the CP that:
(a) A request for disclosure has been made;
(b) DCS intends to disclose the address after thirty days from the date of the notice, unless:
(i) DCS receives a copy of an order which:
(A) Enjoins disclosure of the address;
(B) Restricts the noncustodial parent's right to contact or visit the CP or a child by imposing conditions to protect the CP or the child from harm, including, but not limited to, temporary orders for protection under chapter 26.50
(C) States that the health, safety, or liberty of the CP or child would be unreasonably put at risk by disclosure of address or other identifying information; or
(ii) The CP requests an administrative hearing which ultimately results in a decision that release of the address is reasonably anticipated to result in harm to the CP or a dependent child.
(c) In any hearing under this section, either party may participate in the proceeding by telephone, from any prearranged location. The administrative law judge (ALJ) must not disclose the location and phone number.
(2) DCS does not provide notice to the noncustodial parent (NCP) before disclosing NCP's address information to the CP unless NCP has requested prior notice under WAC 388-14A-2120
(3) Before releasing confidential information concerning someone who is not a party to the case, DCS gives notice to that person according to WAC 388-01-140
[Statutory Authority: RCW 26.23.120
, 74.08.090. WSR 02-07-091, § 388-14A-2114, filed 3/19/02, effective 4/19/02.]