Disclosure

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[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2009]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR303.21]
[Page 257-258]
TITLE 45--PUBLIC WELFARE
CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT
ENFORCEMENT PROGRAM), ADMINISTRATION FOR CHILDREN AND FAMILIES,
DEPARTMENT OF HEALTH AND HUMAN SERVICES
PART 303_STANDARDS FOR PROGRAM OPERATIONS--Table of Contents
Sec. 303.21

Safeguarding and disclosure of confidential information.

(a) Definitions--(1) Confidential information means any information
relating to a specified individual or an individual who can be
identified by reference to one or more factors specific to him or her,
including but not limited to the individual's Social Security number,
residential and mailing addresses, employment information, and financial
information.
(2) Independent verification is the process of acquiring and
confirming confidential information through the use of a second source.
The information from the second source, which verifies the information
about NDNH or FCR data, may be released to those authorized to inspect
and use the information as authorized under the regulations or the Act.
(b) Scope. The requirements of this section apply to the IV-D
agency, any other State or local agency or official to whom the IV-D
agency delegates any of the functions of the IV-D program, any official
with whom a cooperative agreement as described in Sec. 302.34 of this
part has been entered into, and any person or private agency from whom
the IV-D agency has purchased services pursuant to Sec. 304.22 of this
chapter.
(c) General rule. Except as authorized by the Act and implementing
regulations, an entity described in paragraph (b) of this section may
not disclose any confidential information, obtained in connection with
the performance of IV-D functions, outside the administration of the IVD program.
(d) Authorized disclosures. (1) Upon request, the IV-D agency may,
to the extent that it does not interfere with the IV-D agency meeting
its own obligations and subject to such requirements as the Office may
prescribe, disclose confidential information to State agencies as
necessary to carry out State agency functions under plans or programs
under title IV (including tribal programs under title IV) and titles
XIX, or XXI of the Act, including:
(i) Any investigation, prosecution or criminal or civil proceeding
conducted in connection with the administration of any such plan or
program; and
(ii) 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.
(2) Upon request, the IV-D agency may disclose information in the
SDNH, pursuant to sections 453A and 1137 of the Act for purposes of
income and eligibility verification.
(3) Authorized disclosures under paragraph (d)(1) and (2) of this

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section shall not include confidential information from the National
Directory of New Hires or the Federal Case Registry, unless authorized
under Sec. 307.13 of this Chapter or unless it is independently
verified information. No financial institution data match information
may be disclosed outside the administration of the IV-D program and no
IRS information may be disclosed, unless independently verified or
otherwise authorized in Federal statute. States must have safeguards in
place as specified in section 454A(d) and (f) of the Act.
(e) Safeguards. In addition to, and not in lieu of, the safeguards
described in Sec. 307.13 of this chapter, which governs
[[Page 258]]
computerized support enforcement systems, the IV-D agency shall
establish appropriate safeguards to comply with the provisions of this
section. These safeguards shall also include prohibitions against the
release of information when the State has reasonable evidence of
domestic violence or child abuse against a party or a child and that the
disclosure of such information could be harmful to the party or the
child, as required by section 454(26) of the Act, and shall include use
of the family violence indicator required under Sec. 307.11(f)(1)(x) of
this chapter.
(f) Penalties for unauthorized disclosure. Any disclosure or use of
confidential information in violation of the Act and implementing
regulations shall be subject to any State and Federal statutes that
impose legal sanctions for such disclosure.
[73 FR 56444, Sept. 26, 2008]
Effective Date Note: At 73 FR 56444, Sept. 26, 2008, Sec. 303.21
was added, effective Mar. 23, 2009. At 74 FR 23798, May 21, 2009, the
effective date was delayed until Dec. 30, 2010.

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