0130.005.00 CONFIDENTIALITY

0130.005.05.10 Informational Request from Support Enforcement Unit:

If authorized persons make requests through the Support Enforcement Unit (SEU) for information from case files, the caseworker must give full and prompt cooperation in providing the requested information, which is restricted to:

  • information directly bearing on the absent parent’s whereabouts;
  • identity;
  • most recent address; and
  • place of employment.This information may be secured from both active and inactive case files or records. In SEU cases, authorized persons are defined as the following:
  • An agent or attorney of a state who has the duty to enforce the state’s child support plan;
  • A court which has the authority to enforce a support obligation; or
  • The resident parent, legal guardian, attorney, or agent of a child (other than a child receiving aid under Title IV-A of the Social Security Act) whose parent is absent and has the duty to support and maintain any such child.

The restrictions above apply to information about the absent parent. It is permissible to provide SEU with the income and resources of the claimant if this information is needed to determine ability to repay retained child support and to determine the amount to be repaid.

Section 208.120(1) RSMo 1978 prohibits the disclosure of recipient information except “… for the purposes directly connected with the administration of public assistance.” This section also makes recipient information confidential and not admissible in evidence in any judicial proceedings “… except such proceedings as are directly concerned with the administration of these programs.”

While IV-A and IV-D agree that Prosecutors, Circuit Clerks, Judges, and their staff would be entitled to IV-A information pertaining to IV-D matters, IV-A staff must be certain that the request is in fact pertaining to IV-D. In order to alleviate any problems in this area, the following policy will apply.

Any request for IV-A information from Prosecutors, Circuit Clerks, Judges, or their staff pertaining to IV-D matters must be directed to the appropriate IV-D agency serving the IV-A office in question. IV-D staff will then secure the requested information from IV-A. Prosecutors, Circuit Clerks, Judges, and their staff should not contact IV-A directly as IV-A will not release any information directly to them.

Instances will still arise in which information from the IV-A office will need to be provided to the prosecutor or the court, or testimony of a Division employee will be needed so that the prosecuting attorney can prepare or litigate a IV-D matter. If the IV-D supervisor determines that IV-A can best or most cost-effectively provide this information or testimony, (s)he will contact the county IV-A director and request that the information or witness be available to the prosecuting attorney or court at the time and place specified. This will be done without the necessity of the court’s issuing a subpoena or other mandate.