All information contained in electronic or paper case files of the Child Support Services program concerning the name(s) or identifying information of custodial parties, noncustodial parents, or children shall be considered confidential and shall be protected, except when otherwise provided for in this section.
6.210.1Release Of Information6.210.11Before any information is released and before any discussion is held with any individual or entity concerning an individual case, the requestor's identity must be verified and the purpose of the contact or request must be confirmed. If the request is made by fax, phone or Internet, information shall not be released until the requestor's identity has been verified by requiring the requestor to provide unique identifying information such as Social Security Number, dates of birth for self or child(ren), court case number, child support case number, or Family Support Registry account number.
6.210.12[Rev. eff. 11/1/13]Child Support Services workers shall release the name, mailing and/or residential address, Social Security Number, place of employment, day care amount, income, health insurance information, and date of birth of custodial parties, noncustodial parents or children, and establishment or enforcement information concerning the legal obligation for support only in the following circumstances:
A. When clarification of information is required to provide the next appropriate Child Support Services Unit service authorized in Colorado law and described in the Child Support Services state plan. For example, if a worker from a clerk and recorder's office calls to clarify information contained in a Child Support Services Unit's request for a lien to be placed on real property, the child support worker may confirm what action is being requested of the clerk and recorder.B. In the administration of the plan or any program approved under Part A (Temporary Assistance to Needy Families), Part B (Child Welfare), Part D (Child Support Enforcement), Part E (Foster Care) or Part F (Child Care Services) or Titles XIX (Medicaid) or XXI (State Children's Health Insurance Program) of the Social Security Act, and the Supplemental Nutrition Assistance Program, including data which is necessary for fraud investigation or audit.1. To assist any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any such state plans or programs.2. To report to the appropriate state or county department staff information that has been reported, to a Child Support Services worker, of suspected mental or physical injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child who is the subject of a child support services activity under circumstances which indicate that the child's health or welfare is threatened.C. In response to a request received from a party to the action or his/her attorney of record, the requester can receive information specific to himself/herself only, and not the other party. Each party may verify the accuracy of the information related to him/her only that is in the possession of the Child Support Services Unit. If the requestor is shown as a child on the case action, even if the child has since reached the age of emancipation, that requestor is not a party to the action and the information shall not be released except upon issuance of a court order.D. To provide statutorily required information to the court on child support orders and other documents that are completed by the CSS Unit and then filed with the court, unless there has been a court order of non-disclosure entered to suppress such information on that particular party.E. To inform the parties of information regarding the amount of public assistance benefits paid to the family which could be used in an administrative or court proceeding to establish or enforce an order for the past assistance.6.210.13Disclosure [Rev. eff. 11/1/13]Disclosure of any Child Support Services case information is prohibited in the following circumstances:
A. At the request of all private collection agencies, unless the requesting agency is a state or county contractor and bonded as required by state or federal statute.B. In response to a written complaint from the party (constituent) received by a legislator. Child Support Services Units may provide only information which indicates what progress is being made on the case or what action has or will be taken to move the case forward.C. At the request of any attorney who is not the attorney of record as reflected on the automated child support system or in the court files.D. At the request of a current spouse or other individual even if that person has a notarized statement from the noncustodial parent.E. Any information received from the Internal Revenue Service that has not been verified by an independent source. Such information can only be released to the taxpayer.F. Information obtained through the State Income and Eligibility Verification System (IEVS) shall not be disclosed to anyone. The information shall be used exclusively by the Child Support Services program.G. Disclosure to any committee or legislative body (federal, state, or local) of any information that identifies any party to the action by name or address.H. Genetic test results can only be released to the parties of the action. Pursuant to Sections 19-1-308 and 25-1-122.5, Colorado Revised Statutes, the parties are prohibited from disclosing the information to anyone else. I. The information obtained from the access of records using the Social Security Number, pursuant to Section 14-14-113, C.R.S., shall only be used for the purposes of establishing paternity or child support ordered, modifying or enforcing child support orders.J. Upon receipt of a non-disclosure affidavit and required documentation from either party, the county child support services worker shall create the affidavit of non-disclosure and the affidavit shall be forwarded to the court of jurisdiction. In this instance an individual's identity or location can be released only upon receipt of a court order requiring the override of the non-disclosure. The county child support worker shall update the non-disclosure indicator on the automated child support system within five working days of the date of receipt of the affidavit. Interjurisdictional cases will be handled as follows: 1. Initiating Interjurisdictional Cases: Treated the same as an in-state case with the exception that the affidavit will be sent to the responding jurisdiction along with the other required intergovernmental forms.2. Responding Interjurisdictional Cases: If the initiating jurisdiction indicates that there is a nondisclosure granted in that jurisdiction, the county child support worker shall update the non-disclosure indicator on the automated child support system within five working days of the date of receipt of the intergovernmental request.K. No Financial Institution Data Match information or Federal Tax information from the Internal Revenue Service may be disclosed outside of the administration of the Title IV-D program. L. No information from the National Directory of New Hires or the Federal Case Registry may be disclosed outside of the administration of the Title IV-D program except: 1. In the administration of the plan or any program approved under Part B and Part E of the Social Security Act to locate parents and putative fathers for the purpose of establishing parentage or establishing parental rights with respect to a child.2. In the administration of the plan or any program approved under Part A, Part B, Part D, and Part E of the Social Security Act, which is incorporated by reference; no amendments or editions are included. They may be examined during regular business hours by contacting the Colorado Department of Human Services, Director of the Division of Child Support Services, 1575 Sherman Street, Denver, Colorado 80203; or at any State Publications Depository Library. The Social Security Act is also available on-line at: http://www.ssa.gov/op_home/ssact/ssact.htm.6.210.2PAYMENT RECORDS [Rev. eff. 11/1/13]Child support payment records that do not identify the source of the payments are considered public records and may be released upon request of any person pursuant to Section 24-72-202, C.R.S. No federal tax information, address or any other location information shall be included in the documents provided to the requestor or included for use in any court.
6.210.3CONFLICT OF INTEREST [Rev. eff. 11/1/13]Child Support Services Units shall establish processes in which certain case files are worked only by a supervisor or in a manner that provides limited access to case information. An example of these files: employee files or court ordered "sealed" files. Any employee with a personal interest in a case, including but not limited to his/her own case or a case of a relative or friend, shall not engage in any Child Support Services activity related to that case and may not view any case information maintained on the automated child support system for that case.
6.210.41Taxpayer RecordsFederal tax return information obtained from the Internal Revenue Service shall be safeguarded to comply with Internal Revenue Service safeguarding standards, which include storing information in a locked cabinet or by shredding the information. Disclosure of, or access to, unverified data shall be restricted to individuals directly involved in the administration of the Child Support Services program. "Unverified" means information which has not been independently verified with the taxpayer or through a third party collateral source. While obtaining verification of locate information, the Child Support Services worker shall not divulge the source of the data being requested for verification.
6.210.42Financial Records [Rev. eff. 11/1/13]Financial records of an individual are to remain confidential, unless they are part of an action to establish a child support order or to complete a review and adjustment of an existing child support order, in which case, supporting financial documentation used to calculate the monthly support obligation shall be provided to both parties. Any person disclosing financial information inappropriately could face civil damages.
6.210.5ADOPTION INFORMATION [Rev. eff. 11/1/13]Adoption information such as adoptive parents' names, biological parents' names, or other identifying information shall not be data entered on the automated child support system. The date of adoption or relinquishment shall be documented in the case file to indicate that any prior arrears owed could be assigned to the state.
6.210.6ACCESS TO INFORMATION [Rev. eff. 11/1/13]A. No online computer access to electronic records through the automated child support system or other systems or databases will be provided to parties or non-parties.B. Access to the automated child support system or other systems or databases for any personal reason is prohibited. Access is restricted to business use only and can only be accessed in the usual course of business.C. County directors of social services or their written designee shall establish written processes to assure that system access is only provided to employees which corresponds to each workers' case assignment.D. No other division within the state department shall have access to the automated child support system without specific approval from the state Division of Child Support Services. Child Support Services information will be released by granting access to specific automated child support system data elements or by making an extract file of case information available, at the state level, for other programs to access.E. County directors or their written designees must request from the state Child Support Services Unit access to the automated child support system, for companies or individuals who have entered into contracts or agreements with state and/or county Child Support Services Units, by including the request to access case information in the contract or agreement.F. State and county Child Support Services Units must perform a background check on all employees prior to authorizing access to Child Support Services information. Employees shall have their fingerprints taken by a local law enforcement agency or any third party approved by the Colorado Bureau of Investigation to obtain a fingerprint-based criminal history record check. Additionally, the background check must include a Colorado Civil Court record check to obtain any child support case history of the employee.G. All information eligible for release to related agencies (such as Internal Revenue Service, lottery, Department of Labor, credit reporting agencies, Department of Revenue, Motor Vehicle, Workers' Compensation, financial institutions, state regulatory agencies, the state controller, and Social Security) will be made available at the state level.6.210.7Access to Electronic Vital Records Maintained by the Colorado Department of Public Health and Environment (CDPHE)A. In order to be granted access to the electronic vital records system maintained by the Colorado Department of Public Health and Environment (CDPHE), an employee of a county delegate Child Support Services Unit must complete and provide to CDPHE a criminal background check and all required forms.B. Each county delegate Child Support Services Unit must complete a safeguard assessment for each location where employees will be accessing the electronic vital records system using the form prescribed by CDPHE. The safeguard assessment will be completed on a yearly basis thereafter.C. Each county delegate Child Support Services Unit shall ensure that its employees access the electronic vital records system maintained by CDPHE only for child support services purposes.D. If a current or former child support services employee's access to the electronic records system maintained by CDPHE is terminated or needs to be terminated due to a change of employment or job duties, the county delegate Child Support Services Unit shall notify CDPHE and the Colorado Department of Human Services, Division of Child Support Services, within two (2) business days. The county delegate Child Support Services Unit shall request that access to the electronic vital records system be terminated when an employee no longer needs access for child support enforcement purposes. However, if there is an emergency situation involving a security breach, the county delegate Child Support Services Unit shall notify CDPHE of the need to terminate access, at least on a temporary basis, by the end of the next business day following discovery of the breach. A security breach is defined in the access agreement signed by county delegate child support services staff.E. If a county delegate Child Support Services Unit determines that the electronic vital records system has been accessed or may have been accessed for non-child support services purposes or accessed by anyone not authorized to do so, it shall report this to CDPHE and the Colorado Department of Human Services, Division of Child Support Services, by the end of the next business day following discovery.F. A county delegate Child Support Services Unit shall cooperate with any investigation into a security breach relating to the electronic vital records system, including providing any documentation requested to CDPHE and the Colorado Department of Human Services, Division of Child Support Services.39 CR 23, December 10, 2016, effective 1/1/201740 CR 21, November 10, 2017, effective 12/1/201742 CR 11, June 10, 2019, effective 6/30/201943 CR 17, September 10, 2020, effective 9/30/202043 CR 21, November 10, 2020, effective 12/1/202044 CR 23, December 10, 2021, effective 1/1/202245 CR 01, January 10, 2022, effective 3/1/202246 CR 11, June 10, 2023, effective 7/1/2023