IC 31-25-3-1 Child support bureau; compliance; state central collection unit
Sec. 1. (a) The child support bureau is established within the
department. The bureau is charged with the administration of Title
IV-D of the federal Social Security Act.
(b) The state's plan for the administration of Title IV-D must
comply with all provisions of state law and with the federal statutes
and regulations governing the program.
(c) The state central collection unit is established within the child
support bureau. The unit shall collect all noncash child support
payments and process child support paid through income
withholding. 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 locator
service. The bureau shall make all necessary requests and responses
to the federal parent locator service and to the parent locator services
of the other states.
(b) To carry out the bureau's responsibilities under this chapter,
the bureau or a prosecuting attorney, private attorney, or private
entity operating under an agreement or contract described in
IC 31-25-4-13.1 shall, subject to policies adopted by the
superintendent of the state police department concerning the
disclosure of law enforcement records, be granted access to
information that is contained in an information system used by the
state to locate an individual for purposes relating to motor vehicles
or law enforcement.
(c) To carry out the bureau's responsibilities under this chapter,
the bureau, through the parent locator service, may request
information and assistance from a state, county, city, or town agency.
Officers and employees of a state, county, city, or town agency shall
cooperate with the bureau in determining the location of a parent
who:
(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 statute
making the information confidential.
(d) Notwithstanding any other statute making the information
confidential, each person doing business in Indiana shall provide the
bureau or an agent of the bureau with the following information, if
available, 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 and
federal tax withholding forms.
(7) Name and address of the parent's employer.
(8) Name and address of any financial institution maintaining
an account for the parent.
(9) Address of any real property owned by the parent.
(10) Name and address of the parent's health insurance carrier
and health coverage policy number.
(e) The parent locator service shall certify that the information
requested in subsection (d) is for the purpose of locating a parent
who owes child support or who has abandoned a child and that the
information obtained is to be treated as confidential by the bureau
and any other state to which the information is released.
(f) A business in Indiana and each unit of state and local
government shall comply with an administrative subpoena issued by
a Title IV-D agency in another jurisdiction. The information
requested may not be provided unless the Title IV-D agency of the
other jurisdiction certifies that the information will be treated as
confidential. The business or unit of government shall provide the
Title IV-D agency of the other jurisdiction with the information
listed in subsection (d), if available, if requested in the subpoena,
upon certification by the Title IV-D agency of the other jurisdiction
that the information is for the purpose of locating a parent who owes
child support or who has abandoned or deserted a child.
(g) A person may not knowingly refuse to give the bureau, the
bureau's agents, or the Title IV-D agency of another jurisdiction the
following:
(1) The name of a parent of a child for whom the state is
providing public assistance.
(2) Information that may assist the parent locator service or
other jurisdiction in locating the parent of a child.
(h) Information obtained under this section may not be used in a
criminal prosecution against the informant.
(i) A person may not knowingly give the bureau or the Title IV-D
agency of another jurisdiction the incorrect name of a parent of a
child or knowingly give the parent locator service incorrect
information on the parent's whereabouts for the purpose of
concealing the identity of the real parent of the child or the location
of 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 an
agent 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 a
prosecuting attorney, private attorney, or private entity that is
operating under an agreement or contract described in
IC 31-25-4-13.1 is entitled to obtain access, at no cost to the bureau
or the prosecuting attorney, private attorney, or private entity that is
operating under an agreement or contract described in
IC 31-25-4-13.1, to the following records from the following
agencies 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 related
to residence addresses, employers, and assets.
(C) Records concerning real and titled personal property.
(D) Records of occupational, professional, and recreational
licenses or permits.
(E) Records concerning the ownership and control of
corporations, partnerships, and other business entities.
(F) Employment security records.
(G) Records of agencies administering public assistance
programs.
(H) Records of the bureau of motor vehicles.
(I) Records of:
(i) the department of correction; and
(ii) county and municipal correction or confinement
facilities.
(2) Subject to subsection (d), records of public utilities and
cable television companies that relate to persons who owe or
are owed support, or against whom a support obligation is
sought, 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 under
IC 31-25-4-31.
(4) Subject to policies adopted by the superintendent of the
state police department concerning the disclosure of law
enforcement records, any other records of a state or local
agency.
(b) Upon the request of the bureau or a prosecuting attorney,
private attorney, or private entity that is operating under an
agreement or contract described in IC 31-25-4-13.1, an employer
shall 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 records
upon the request of the bureau or a prosecuting attorney, private
attorney, or private entity that is operating under an agreement or
contract under IC 31-25-4-13.1. Information described in this
subsection shall be provided in response to a subpoena, or the bureau
may enter into agreements to provide for electronic access to these
records.
(d) An entity listed subsection (a)(2) shall provide the information
only in response to a judicial or administrative subpoena issued by
the bureau.
(e) An agency or entity described under subsection (a) that
provides information under a request or subpoena under this section
is not liable for disclosing information under the request or
subpoena.
(f) All information received under this section is confidential. The
bureau may disclose this information only as provided under
IC 31-25-4-21. As added by P.L.80-2010, SEC.47.
IC 31-25-3-1 Child support bureau; compliance; state central collection unit
Sec. 1. (a) The child support bureau is established within the
department. The bureau is charged with the administration of Title
IV-D of the federal Social Security Act.
(b) The state's plan for the administration of Title IV-D must
comply with all provisions of state law and with the federal statutes
and regulations governing the program.
(c) The state central collection unit is established within the child
support bureau. The unit shall collect all noncash child support
payments and process child support paid through income
withholding. 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 locator
service. The bureau shall make all necessary requests and responses
to the federal parent locator service and to the parent locator services
of the other states.
(b) To carry out the bureau's responsibilities under this chapter,
the bureau or a prosecuting attorney, private attorney, or private
entity operating under an agreement or contract described in
IC 31-25-4-13.1 shall, subject to policies adopted by the
superintendent of the state police department concerning the
disclosure of law enforcement records, be granted access to
information that is contained in an information system used by the
state to locate an individual for purposes relating to motor vehicles
or law enforcement.
(c) To carry out the bureau's responsibilities under this chapter,
the bureau, through the parent locator service, may request
information and assistance from a state, county, city, or town agency.
Officers and employees of a state, county, city, or town agency shall
cooperate with the bureau in determining the location of a parent
who:
(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 statute
making the information confidential.
(d) Notwithstanding any other statute making the information
confidential, each person doing business in Indiana shall provide the
bureau or an agent of the bureau with the following information, if
available, 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 and
federal tax withholding forms.
(7) Name and address of the parent's employer.
(8) Name and address of any financial institution maintaining
an account for the parent.
(9) Address of any real property owned by the parent.
(10) Name and address of the parent's health insurance carrier
and health coverage policy number.
(e) The parent locator service shall certify that the information
requested in subsection (d) is for the purpose of locating a parent
who owes child support or who has abandoned a child and that the
information obtained is to be treated as confidential by the bureau
and any other state to which the information is released.
(f) A business in Indiana and each unit of state and local
government shall comply with an administrative subpoena issued by
a Title IV-D agency in another jurisdiction. The information
requested may not be provided unless the Title IV-D agency of the
other jurisdiction certifies that the information will be treated as
confidential. The business or unit of government shall provide the
Title IV-D agency of the other jurisdiction with the information
listed in subsection (d), if available, if requested in the subpoena,
upon certification by the Title IV-D agency of the other jurisdiction
that the information is for the purpose of locating a parent who owes
child support or who has abandoned or deserted a child.
(g) A person may not knowingly refuse to give the bureau, the
bureau's agents, or the Title IV-D agency of another jurisdiction the
following:
(1) The name of a parent of a child for whom the state is
providing public assistance.
(2) Information that may assist the parent locator service or
other jurisdiction in locating the parent of a child.
(h) Information obtained under this section may not be used in a
criminal prosecution against the informant.
(i) A person may not knowingly give the bureau or the Title IV-D
agency of another jurisdiction the incorrect name of a parent of a
child or knowingly give the parent locator service incorrect
information on the parent's whereabouts for the purpose of
concealing the identity of the real parent of the child or the location
of 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 an
agent 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 a
prosecuting attorney, private attorney, or private entity that is
operating under an agreement or contract described in
IC 31-25-4-13.1 is entitled to obtain access, at no cost to the bureau
or the prosecuting attorney, private attorney, or private entity that is
operating under an agreement or contract described in
IC 31-25-4-13.1, to the following records from the following
agencies 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 related
to residence addresses, employers, and assets.
(C) Records concerning real and titled personal property.
(D) Records of occupational, professional, and recreational
licenses or permits.
(E) Records concerning the ownership and control of
corporations, partnerships, and other business entities.
(F) Employment security records.
(G) Records of agencies administering public assistance
programs.
(H) Records of the bureau of motor vehicles.
(I) Records of:
(i) the department of correction; and
(ii) county and municipal correction or confinement
facilities.
(2) Subject to subsection (d), records of public utilities and
cable television companies that relate to persons who owe or
are owed support, or against whom a support obligation is
sought, 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 under
IC 31-25-4-31.
(4) Subject to policies adopted by the superintendent of the
state police department concerning the disclosure of law
enforcement records, any other records of a state or local
agency.
(b) Upon the request of the bureau or a prosecuting attorney,
private attorney, or private entity that is operating under an
agreement or contract described in IC 31-25-4-13.1, an employer
shall 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 records
upon the request of the bureau or a prosecuting attorney, private
attorney, or private entity that is operating under an agreement or
contract under IC 31-25-4-13.1. Information described in this
subsection shall be provided in response to a subpoena, or the bureau
may enter into agreements to provide for electronic access to these
records.
(d) An entity listed subsection (a)(2) shall provide the information
only in response to a judicial or administrative subpoena issued by
the bureau.
(e) An agency or entity described under subsection (a) that
provides information under a request or subpoena under this section
is not liable for disclosing information under the request or
subpoena.
(f) All information received under this section is confidential. The
bureau may disclose this information only as provided under
IC 31-25-4-21. As added by P.L.80-2010, SEC.47.
IC 31-25-3-1 Child support bureau; compliance; state central collection unit
Sec. 1. (a) The child support bureau is established within the
department. The bureau is charged with the administration of Title
IV-D of the federal Social Security Act.
(b) The state's plan for the administration of Title IV-D must
comply with all provisions of state law and with the federal statutes
and regulations governing the program.
(c) The state central collection unit is established within the child
support bureau. The unit shall collect all noncash child support
payments and process child support paid through income
withholding. 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 locator
service. The bureau shall make all necessary requests and responses
to the federal parent locator service and to the parent locator services
of the other states.
(b) To carry out the bureau's responsibilities under this chapter,
the bureau or a prosecuting attorney, private attorney, or private
entity operating under an agreement or contract described in
IC 31-25-4-13.1 shall, subject to policies adopted by the
superintendent of the state police department concerning the
disclosure of law enforcement records, be granted access to
information that is contained in an information system used by the
state to locate an individual for purposes relating to motor vehicles
or law enforcement.
(c) To carry out the bureau's responsibilities under this chapter,
the bureau, through the parent locator service, may request
information and assistance from a state, county, city, or town agency.
Officers and employees of a state, county, city, or town agency shall
cooperate with the bureau in determining the location of a parent
who:
(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 statute
making the information confidential.
(d) Notwithstanding any other statute making the information
confidential, each person doing business in Indiana shall provide the
bureau or an agent of the bureau with the following information, if
available, 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 and
federal tax withholding forms.
(7) Name and address of the parent's employer.
(8) Name and address of any financial institution maintaining
an account for the parent.
(9) Address of any real property owned by the parent.
(10) Name and address of the parent's health insurance carrier
and health coverage policy number.
(e) The parent locator service shall certify that the information
requested in subsection (d) is for the purpose of locating a parent
who owes child support or who has abandoned a child and that the
information obtained is to be treated as confidential by the bureau
and any other state to which the information is released.
(f) A business in Indiana and each unit of state and local
government shall comply with an administrative subpoena issued by
a Title IV-D agency in another jurisdiction. The information
requested may not be provided unless the Title IV-D agency of the
other jurisdiction certifies that the information will be treated as
confidential. The business or unit of government shall provide the
Title IV-D agency of the other jurisdiction with the information
listed in subsection (d), if available, if requested in the subpoena,
upon certification by the Title IV-D agency of the other jurisdiction
that the information is for the purpose of locating a parent who owes
child support or who has abandoned or deserted a child.
(g) A person may not knowingly refuse to give the bureau, the
bureau's agents, or the Title IV-D agency of another jurisdiction the
following:
(1) The name of a parent of a child for whom the state is
providing public assistance.
(2) Information that may assist the parent locator service or
other jurisdiction in locating the parent of a child.
(h) Information obtained under this section may not be used in a
criminal prosecution against the informant.
(i) A person may not knowingly give the bureau or the Title IV-D
agency of another jurisdiction the incorrect name of a parent of a
child or knowingly give the parent locator service incorrect
information on the parent's whereabouts for the purpose of
concealing the identity of the real parent of the child or the location
of 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 an
agent 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 a
prosecuting attorney, private attorney, or private entity that is
operating under an agreement or contract described in
IC 31-25-4-13.1 is entitled to obtain access, at no cost to the bureau
or the prosecuting attorney, private attorney, or private entity that is
operating under an agreement or contract described in
IC 31-25-4-13.1, to the following records from the following
agencies 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 related
to residence addresses, employers, and assets.
(C) Records concerning real and titled personal property.
(D) Records of occupational, professional, and recreational
licenses or permits.
(E) Records concerning the ownership and control of
corporations, partnerships, and other business entities.
(F) Employment security records.
(G) Records of agencies administering public assistance
programs.
(H) Records of the bureau of motor vehicles.
(I) Records of:
(i) the department of correction; and
(ii) county and municipal correction or confinement
facilities.
(2) Subject to subsection (d), records of public utilities and
cable television companies that relate to persons who owe or
are owed support, or against whom a support obligation is
sought, 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 under
IC 31-25-4-31.
(4) Subject to policies adopted by the superintendent of the
state police department concerning the disclosure of law
enforcement records, any other records of a state or local
agency.
(b) Upon the request of the bureau or a prosecuting attorney,
private attorney, or private entity that is operating under an
agreement or contract described in IC 31-25-4-13.1, an employer
shall 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 records
upon the request of the bureau or a prosecuting attorney, private
attorney, or private entity that is operating under an agreement or
contract under IC 31-25-4-13.1. Information described in this
subsection shall be provided in response to a subpoena, or the bureau
may enter into agreements to provide for electronic access to these
records.
(d) An entity listed subsection (a)(2) shall provide the information
only in response to a judicial or administrative subpoena issued by
the bureau.
(e) An agency or entity described under subsection (a) that
provides information under a request or subpoena under this section
is not liable for disclosing information under the request or
subpoena.
(f) All information received under this section is confidential. The
bureau may disclose this information only as provided under
IC 31-25-4-21. As added by P.L.80-2010, SEC.47.
