CHAPTER 3. CHILD SUPPORT BUREAU
IC 31-25-3
Chapter 3. Child Support Bureau
IC 31-25-3-1
Child support bureau; compliance; state central collection unit
Sec. 1. (a) The child support bureau is established within thedepartment. The bureau is charged with the administration of TitleIV-D of the federal Social Security Act.
(b) The state's plan for the administration of Title IV-D mustcomply with all provisions of state law and with the federal statutesand regulations governing the program.
(c) The state central collection unit is established within the childsupport bureau. The unit shall collect all noncash child supportpayments and process child support paid through incomewithholding.
As added by P.L.145-2006, SEC.271. Amended by P.L.146-2006,SEC.18; P.L.1-2007, SEC.197.
IC 31-25-3-2
Duties of bureau; access to information
Sec. 2. (a) The bureau shall operate the state parent locatorservice. The bureau shall make all necessary requests and responsesto the federal parent locator service and to the parent locator servicesof the other states.
(b) To carry out the bureau's responsibilities under this chapter,the bureau or a prosecuting attorney, private attorney, or privateentity operating under an agreement or contract described inIC 31-25-4-13.1 shall, subject to policies adopted by thesuperintendent of the state police department concerning thedisclosure of law enforcement records, be granted access toinformation that is contained in an information system used by thestate to locate an individual for purposes relating to motor vehiclesor law enforcement.
(c) To carry out the bureau's responsibilities under this chapter,the bureau, through the parent locator service, may requestinformation and assistance from a state, county, city, or town agency.Officers and employees of a state, county, city, or town agency shallcooperate with the bureau in determining the location of a parentwho:
(1) owes child support; or
(2) has abandoned or deserted a child;
by providing the pertinent information relative to the location,income, and property of the parent, notwithstanding any other statutemaking the information confidential.
(d) Notwithstanding any other statute making the informationconfidential, each person doing business in Indiana shall provide thebureau or an agent of the bureau with the following information, ifavailable, upon receipt of the certification described in subsection(e):
(1) Full name of the parent. (2) Social Security number of the parent.
(3) Date of birth of the parent.
(4) Address of the parent's residence.
(5) Amount of wages earned by the parent.
(6) Number of dependents claimed by the parent on state andfederal tax withholding forms.
(7) Name and address of the parent's employer.
(8) Name and address of any financial institution maintainingan account for the parent.
(9) Address of any real property owned by the parent.
(10) Name and address of the parent's health insurance carrierand health coverage policy number.
(e) The parent locator service shall certify that the informationrequested in subsection (d) is for the purpose of locating a parentwho owes child support or who has abandoned a child and that theinformation obtained is to be treated as confidential by the bureauand any other state to which the information is released.
(f) A business in Indiana and each unit of state and localgovernment shall comply with an administrative subpoena issued bya Title IV-D agency in another jurisdiction. The informationrequested may not be provided unless the Title IV-D agency of theother jurisdiction certifies that the information will be treated asconfidential. The business or unit of government shall provide theTitle IV-D agency of the other jurisdiction with the informationlisted in subsection (d), if available, if requested in the subpoena,upon certification by the Title IV-D agency of the other jurisdictionthat the information is for the purpose of locating a parent who oweschild support or who has abandoned or deserted a child.
(g) A person may not knowingly refuse to give the bureau, thebureau's agents, or the Title IV-D agency of another jurisdiction thefollowing:
(1) The name of a parent of a child for whom the state isproviding public assistance.
(2) Information that may assist the parent locator service orother jurisdiction in locating the parent of a child.
(h) Information obtained under this section may not be used in acriminal prosecution against the informant.
(i) A person may not knowingly give the bureau or the Title IV-Dagency of another jurisdiction the incorrect name of a parent of achild or knowingly give the parent locator service incorrectinformation on the parent's whereabouts for the purpose ofconcealing the identity of the real parent of the child or the locationof the parent.
As added by P.L.145-2006, SEC.271. Amended by P.L.80-2010,SEC.46.
IC 31-25-3-3
Issuance of subpoenas
Sec. 3. The bureau established by section 1 of this chapter or anagent of the bureau may issue a subpoena under Indiana Trial Rule
45 to obtain any financial or other information needed to establish,modify, or enforce a child support order.
As added by P.L.103-2007, SEC.44.
IC 31-25-3-4
Access to information and records; immunity from liability;confidential
Sec. 4. (a) Notwithstanding any other law, the bureau or aprosecuting attorney, private attorney, or private entity that isoperating under an agreement or contract described inIC 31-25-4-13.1 is entitled to obtain access, at no cost to the bureauor the prosecuting attorney, private attorney, or private entity that isoperating under an agreement or contract described inIC 31-25-4-13.1, to the following records from the followingagencies or entities:
(1) The following records of state and local agencies:
(A) Records of birth, marriage, and death.
(B) Tax and revenue records, including information relatedto residence addresses, employers, and assets.
(C) Records concerning real and titled personal property.
(D) Records of occupational, professional, and recreationallicenses or permits.
(E) Records concerning the ownership and control ofcorporations, partnerships, and other business entities.
(F) Employment security records.
(G) Records of agencies administering public assistanceprograms.
(H) Records of the bureau of motor vehicles.
(I) Records of:
(i) the department of correction; and
(ii) county and municipal correction or confinementfacilities.
(2) Subject to subsection (d), records of public utilities andcable television companies that relate to persons who owe orare owed support, or against whom a support obligation issought, including:
(A) the person's name and address; and
(B) the name and address of the person's employer.
(3) Records held by financial institutions as provided underIC 31-25-4-31.
(4) Subject to policies adopted by the superintendent of thestate police department concerning the disclosure of lawenforcement records, any other records of a state or localagency.
(b) Upon the request of the bureau or a prosecuting attorney,private attorney, or private entity that is operating under anagreement or contract described in IC 31-25-4-13.1, an employershall provide information related to the employment, earnings,benefits, and residential address and phone number of any employee.
(c) An agency or entity that possesses records described in
subsection (a)(1) and (a)(3) shall provide information and recordsupon the request of the bureau or a prosecuting attorney, privateattorney, or private entity that is operating under an agreement orcontract under IC 31-25-4-13.1. Information described in thissubsection shall be provided in response to a subpoena, or the bureaumay enter into agreements to provide for electronic access to theserecords.
(d) An entity listed subsection (a)(2) shall provide the informationonly in response to a judicial or administrative subpoena issued bythe bureau.
(e) An agency or entity described under subsection (a) thatprovides information under a request or subpoena under this sectionis not liable for disclosing information under the request orsubpoena.
(f) All information received under this section is confidential. Thebureau may disclose this information only as provided underIC 31-25-4-21.
As added by P.L.80-2010, SEC.47.