252B.9 INFORMATION AND ASSISTANCE FROM OTHERS --
AVAILABILITY OF RECORDS.
1. a. The director may request from state, county, and local
agencies information and assistance deemed necessary to carry out the
provisions of this chapter. State, county, and local agencies,
officers, and employees shall cooperate with the unit and shall on
request supply the department with available information relative to
the absent parent, the custodial parent, and any other necessary
party, notwithstanding any provisions of law making this information
confidential. The cooperation and information required by this
subsection shall also be provided when it is requested by a child
support agency. Information required by this subsection includes,
but is not limited to, information relative to location, income,
property holdings, records of licenses as defined in section 252J.1,
and records concerning the ownership and control of corporations,
partnerships, and other business entities. If the information is
maintained in an automated database, the unit shall be provided
automated access.
b. Parents of a child on whose behalf support enforcement
services are provided shall provide information regarding income,
resources, financial circumstances, and property holdings to the
department for the purpose of establishment, modification, or
enforcement of a support obligation. The department may provide the
information to parents of a child as needed to implement the
requirements of section 598.21B, notwithstanding any provisions of
law making this information confidential.
c. Notwithstanding any provisions of law making this
information confidential, all persons, including for-profit,
nonprofit, and governmental employers, shall, on request, promptly
supply the unit or a child support agency information on the
employment, compensation, and benefits of any individual employed by
such person as an employee or contractor with relation to whom the
unit or a child support agency is providing services.
d. Notwithstanding any provisions of law making this
information confidential, the unit may subpoena or a child support
agency may use the administrative subpoena form promulgated by the
secretary of the United States department of health and human
services under 42 U.S.C. § 652(a)(11)(C), to obtain any of the
following:
(1) Books, papers, records, or information regarding any
financial or other information relating to a paternity or support
proceeding.
(2) Certain records held by public utilities, cable or other
television companies, cellular telephone companies, and internet
service providers with respect to individuals who owe or are owed
support, or against or with respect to whom a support obligation is
sought, consisting of the names and addresses of such individuals and
the names and addresses of the employers of such individuals, as
appearing in customer records, and including the cellular telephone
numbers of such individuals appearing in the customer records of
cellular telephone companies. If the records are maintained in
automated databases, the unit shall be provided with automated
access.
e. The unit or a child support agency may subpoena
information for one or more individuals.
f. If the unit or a child support agency issues a request
under paragraph "c", or a subpoena under paragraph "d", all
of the following shall apply:
(1) The unit or child support agency may issue a request or
subpoena to a person by sending it by regular mail. Proof of service
may be completed according to rule of civil procedure 1.442.
(2) A person who is not a parent or putative father in a
paternity or support proceeding, who is issued a request or subpoena,
shall be provided an opportunity to refuse to comply for good cause
by filing a request for a conference with the unit or child support
agency in the manner and within the time specified in rules adopted
pursuant to subparagraph (7).
(3) Good cause shall be limited to mistake in the identity of the
person, or prohibition under federal law to release such information.
(4) After the conference the unit shall issue a notice finding
that the person has good cause for refusing to comply, or a notice
finding that the person does not have good cause for failing to
comply. If the person refuses to comply after issuance of notice
finding lack of good cause, or refuses to comply and does not request
a conference, the person is subject to a penalty of one hundred
dollars per refusal.
(5) If the person fails to comply with the request or subpoena,
fails to request a conference, and fails to pay a fine imposed under
subparagraph (4), the unit may petition the district court to compel
the person to comply with this paragraph. If the person objects to
imposition of the fine, the person may seek judicial review by the
district court.
(6) If a parent or putative father fails to comply with a
subpoena or request for information, the provisions of chapter 252J
shall apply.
(7) The unit may adopt rules pursuant to chapter 17A to implement
this section.
g. Notwithstanding any provisions of law making this
information confidential, the unit or a child support agency shall
have access to records and information held by financial institutions
with respect to individuals who owe or are owed support, or with
respect to whom a support obligation is sought including information
on assets and liabilities. If the records are maintained in
automated databases, the unit shall be provided with automated
access. For the purposes of this section, "financial
institution" means financial institution as defined in section
252I.1.
h. Notwithstanding any law to the contrary, the unit and a
child support agency shall have access to any data maintained by the
state of Iowa which contains information that would aid the agency in
locating individuals. Such information shall include, but is not
limited to, driver's license, motor vehicle, and criminal justice
information. However, the information does not include criminal
investigative reports or intelligence files maintained by law
enforcement. The unit and child support agency shall use or disclose
the information obtained pursuant to this paragraph only in
accordance with subsection 3. Criminal history records maintained by
the department of public safety shall be disclosed in accordance with
chapter 692. The unit shall also have access to the protective order
file maintained by the department of public safety.
i. Liability shall not arise under this subsection with
respect to any disclosure by a person as required by this subsection,
and no advance notice from the unit or a child support agency is
required prior to requesting information or assistance or issuing a
subpoena under this subsection.
j. Notwithstanding any provision of law making this
information confidential, data provided to the department by an
insurance carrier under section 505.25 shall also be provided to the
unit. Provision of data to the unit under this paragraph shall not
require an agreement or modification of an agreement between the
department and an insurance carrier, but the provisions of this
section applicable to information received by the unit shall apply to
the data received pursuant to section 505.25 in lieu of any
confidentiality, privacy, disclosure, use, or other provisions of an
agreement between the department and an insurance carrier.
2. Notwithstanding other statutory provisions to the contrary,
including but not limited to chapters 22 and 217, as the chapters
relate to confidentiality of records maintained by the department,
the payment records of the collection services center maintained
under section 252B.13A are public records only as follows:
a. Payment records of the collection services center which
are maintained pursuant to chapter 598 are public records and may be
released upon request. Payment records of the clerk of the district
court, to which the department has access to meet the requirements of
a state disbursement unit, are also public records and may be
released upon request. A payment record shall not include address or
location information.
b. Except as otherwise provided in subsection 1, the
department shall not release details related to payment records or
provide alternative formats for release of the information, with the
following additional exceptions:
(1) The unit or collection services center may provide additional
detail or present the information in an alternative format to an
individual or to the individual's legal representative if the
individual owes or is owed a support obligation, to an agency
assigned the obligation as the result of receipt by a party of public
assistance, to an agency charged with enforcing child support
pursuant to Title IV-D of the federal Social Security Act, or to the
court.
(2) For support orders entered in Iowa which are being enforced
by the unit, the unit may compile and make available for publication
a listing of cases in which no payment has been credited to an
accrued or accruing support obligation during a previous three-month
period. Each case on the list shall be identified only by the name
of the support obligor, the address, if known, of the support
obligor, unless the information pertaining to the address of the
support obligor is protected through confidentiality requirements
established by law and has not otherwise been verified with the unit,
the support obligor's court order docket or case number, the county
in which the obligor's support order is filed, the collection
services center case numbers, and the range within which the balance
of the support obligor's delinquency is established. The department
shall determine dates for the release of information, the specific
format of the information released, and the three-month period used
as a basis for identifying cases. The department may not release the
information more than twice annually. In compiling the listing of
cases, no prior public notice to the obligor is required, but the
unit may send notice annually by mail to the current known address of
any individual owing a support obligation which is being enforced by
the unit. The notice shall inform the individual of the provisions
of this subparagraph. Actions taken pursuant to this subparagraph
are not subject to review under chapter 17A, and the lack of receipt
of a notice does not prevent the unit from proceeding in implementing
this subparagraph.
(3) The provisions of subparagraph (2) may be applied to support
obligations entered in another state, at the request of a child
support agency if the child support agency has demonstrated that the
provisions of subparagraph (2) are not in conflict with the laws of
the state where the support obligation is entered and the unit is
enforcing the support obligation.
(4) Records relating to the administration, collection, and
enforcement of surcharges pursuant to section 252B.23 which are
recorded by the unit or a collection entity shall be confidential
records except that information, as necessary for support collection
and enforcement, may be provided to other governmental agencies, the
obligor or the resident parent, or a collection entity under contract
with the unit unless otherwise prohibited by the federal law. A
collection entity under contract with the unit shall use information
obtained for the sole purpose of fulfilling the duties required under
the contract, and shall disclose any records obtained by the
collection entity to the unit for use in support establishment and
enforcement.
3. Notwithstanding other statutory provisions to the contrary,
including but not limited to chapters 22 and 217, as the chapters
relate to the confidentiality of records maintained by the
department, information recorded by the department pursuant to this
section or obtained by the unit is confidential and, except when
prohibited by federal law or regulation, may be used or disclosed as
provided in subsection 1, paragraphs "b" and "h", and
subsection 2, and as follows:
a. The attorney general may utilize the information to
secure, modify, or enforce a support obligation of an individual.
b. This subsection shall not permit or require the release of
information, except to the extent provided in this section.
c. The unit may release or disclose information as necessary
to provide services under section 252B.5, as provided by chapter
252G, as provided by Title IV-D of the federal Social Security Act,
as amended, or as required by federal law.
d. The unit may release information under section 252B.9A to
meet the requirements of Title IV-D of the federal Social Security
Act for parent locator services.
e. Information may be released if directly connected with any
of the following:
(1) The administration of the plan or program approved under
Title I, IV-A, IV-B, IV-D, IV-E, X, XIV, XVI, XIX, or XX, or the
supplemental security income program established under Title XVI, of
the federal Social Security Act, as amended.
(2) Any investigations, prosecutions, or criminal or civil
proceeding conducted in connection with the administration of any
such plan or program.
(3) The administration of any other federal or federally assisted
program which provides assistance in cash or in kind or provides
services, directly to individuals on the basis of need.
(4) Reporting to an appropriate agency or official, information
on known or suspected instances of physical or mental injury, sexual
abuse or exploitation, or negligent treatment or maltreatment of a
child who is the subject of a child support enforcement action under
circumstances which indicate that the child's health or welfare is
threatened.
f. Information may be released to courts having jurisdiction
in support proceedings. If a court issues an order, which is not
entered under section 252B.9A, directing the unit to disclose
confidential information, the unit may file a motion to quash
pursuant to this chapter, Title IV-D of the federal Social Security
Act, or other applicable law.
g. The child support recovery unit shall release information
relating to an absent parent to another unit of the department
pursuant to a written request for the information approved by the
director or the director's designee.
h. For purposes of this subsection, "party" means an
absent parent, obligor, resident parent, or other necessary party.
i. If the unit receives notification under this paragraph,
the unit shall notify the federal parent locator service as required
by federal law that there is reasonable evidence of domestic violence
or child abuse against a party or a child and that the disclosure of
information could be harmful to the party or the child. The
notification to the federal parent locator service shall be known as
notification of a disclosure risk indicator. For purposes of this
paragraph, the unit shall notify the federal parent locator service
of a disclosure risk indicator only if at least one of the following
applies:
(1) The unit receives notification that the department, or
comparable agency of another state, has made a finding of good cause
or other exception as provided in section 252B.3, or comparable law
of another state.
(2) The unit receives and, through automation, matches
notification from the department of public safety or the unit
receives notification from a court of this or another state, that a
court has issued a protective order or no-contact order against a
party with respect to another party or child.
(3) The unit receives notification that a court has dismissed a
petition for specified confidential information pursuant to section
252B.9A.
(4) The unit receives notification that a tribunal has issued an
order under chapter 252K, the uniform interstate family support Act,
or the comparable law of another state, that the address or other
identifying information of a party or child not be disclosed.
(5) The unit receives and, through automation, matches
notification from the division of child and family services of the
department, or the unit receives notification from a comparable
agency of another state, of a founded allegation of child abuse, or a
comparable finding under the law of the other state.
(6) The unit receives notification that an individual has an
exemption from cooperation with child support enforcement under a
family investment program safety plan which addresses family or
domestic violence.
(7) The unit receives notification, as the result of a request
under section 252B.9A, of the existence of any finding, order, safety
plan, or founded allegation referred to in subparagraphs (1) through
(6) of this paragraph.
j. The unit may provide information regarding delinquent
obligors as provided in 42 U.S.C. § 666(a)(7) to a consumer reporting
agency if all the following apply:
(1) The agency provides the unit with satisfactory evidence that
it is a consumer reporting agency as defined in 15 U.S.C. § 1681a(f)
and meets all the following requirements:
(a) Compiles and maintains files on consumers on a nationwide
basis as provided in 15 U.S.C. § 1681a(p).
(b) Participates jointly with other nationwide consumer reporting
agencies in providing annual free credit reports to consumers upon
request through a centralized source as required by the federal trade
commission in 16 C.F.R. § 610.2.
(2) The agency has entered into an agreement with the unit
regarding receipt and use of the information.
4. Nothing in this chapter, chapter 252A, 252C, 252D, 252E, 252F,
252G, 252H, 252I, 252J, or 252K, or any other comparable chapter or
law shall preclude the unit from exchanging any information, notice,
document, or certification with any government or private entity, if
the exchange is not otherwise prohibited by law, through mutually
agreed upon electronic data transfer rather than through other means.
252B.9 INFORMATION AND ASSISTANCE FROM OTHERS --
AVAILABILITY OF RECORDS.
1. a. The director may request from state, county, and local
agencies information and assistance deemed necessary to carry out the
provisions of this chapter. State, county, and local agencies,
officers, and employees shall cooperate with the unit and shall on
request supply the department with available information relative to
the absent parent, the custodial parent, and any other necessary
party, notwithstanding any provisions of law making this information
confidential. The cooperation and information required by this
subsection shall also be provided when it is requested by a child
support agency. Information required by this subsection includes,
but is not limited to, information relative to location, income,
property holdings, records of licenses as defined in section 252J.1,
and records concerning the ownership and control of corporations,
partnerships, and other business entities. If the information is
maintained in an automated database, the unit shall be provided
automated access.
b. Parents of a child on whose behalf support enforcement
services are provided shall provide information regarding income,
resources, financial circumstances, and property holdings to the
department for the purpose of establishment, modification, or
enforcement of a support obligation. The department may provide the
information to parents of a child as needed to implement the
requirements of section 598.21B, notwithstanding any provisions of
law making this information confidential.
c. Notwithstanding any provisions of law making this
information confidential, all persons, including for-profit,
nonprofit, and governmental employers, shall, on request, promptly
supply the unit or a child support agency information on the
employment, compensation, and benefits of any individual employed by
such person as an employee or contractor with relation to whom the
unit or a child support agency is providing services.
d. Notwithstanding any provisions of law making this
information confidential, the unit may subpoena or a child support
agency may use the administrative subpoena form promulgated by the
secretary of the United States department of health and human
services under 42 U.S.C. § 652(a)(11)(C), to obtain any of the
following:
(1) Books, papers, records, or information regarding any
financial or other information relating to a paternity or support
proceeding.
(2) Certain records held by public utilities, cable or other
television companies, cellular telephone companies, and internet
service providers with respect to individuals who owe or are owed
support, or against or with respect to whom a support obligation is
sought, consisting of the names and addresses of such individuals and
the names and addresses of the employers of such individuals, as
appearing in customer records, and including the cellular telephone
numbers of such individuals appearing in the customer records of
cellular telephone companies. If the records are maintained in
automated databases, the unit shall be provided with automated
access.
e. The unit or a child support agency may subpoena
information for one or more individuals.
f. If the unit or a child support agency issues a request
under paragraph "c", or a subpoena under paragraph "d", all
of the following shall apply:
(1) The unit or child support agency may issue a request or
subpoena to a person by sending it by regular mail. Proof of service
may be completed according to rule of civil procedure 1.442.
(2) A person who is not a parent or putative father in a
paternity or support proceeding, who is issued a request or subpoena,
shall be provided an opportunity to refuse to comply for good cause
by filing a request for a conference with the unit or child support
agency in the manner and within the time specified in rules adopted
pursuant to subparagraph (7).
(3) Good cause shall be limited to mistake in the identity of the
person, or prohibition under federal law to release such information.
(4) After the conference the unit shall issue a notice finding
that the person has good cause for refusing to comply, or a notice
finding that the person does not have good cause for failing to
comply. If the person refuses to comply after issuance of notice
finding lack of good cause, or refuses to comply and does not request
a conference, the person is subject to a penalty of one hundred
dollars per refusal.
(5) If the person fails to comply with the request or subpoena,
fails to request a conference, and fails to pay a fine imposed under
subparagraph (4), the unit may petition the district court to compel
the person to comply with this paragraph. If the person objects to
imposition of the fine, the person may seek judicial review by the
district court.
(6) If a parent or putative father fails to comply with a
subpoena or request for information, the provisions of chapter 252J
shall apply.
(7) The unit may adopt rules pursuant to chapter 17A to implement
this section.
g. Notwithstanding any provisions of law making this
information confidential, the unit or a child support agency shall
have access to records and information held by financial institutions
with respect to individuals who owe or are owed support, or with
respect to whom a support obligation is sought including information
on assets and liabilities. If the records are maintained in
automated databases, the unit shall be provided with automated
access. For the purposes of this section, "financial
institution" means financial institution as defined in section
252I.1.
h. Notwithstanding any law to the contrary, the unit and a
child support agency shall have access to any data maintained by the
state of Iowa which contains information that would aid the agency in
locating individuals. Such information shall include, but is not
limited to, driver's license, motor vehicle, and criminal justice
information. However, the information does not include criminal
investigative reports or intelligence files maintained by law
enforcement. The unit and child support agency shall use or disclose
the information obtained pursuant to this paragraph only in
accordance with subsection 3. Criminal history records maintained by
the department of public safety shall be disclosed in accordance with
chapter 692. The unit shall also have access to the protective order
file maintained by the department of public safety.
i. Liability shall not arise under this subsection with
respect to any disclosure by a person as required by this subsection,
and no advance notice from the unit or a child support agency is
required prior to requesting information or assistance or issuing a
subpoena under this subsection.
j. Notwithstanding any provision of law making this
information confidential, data provided to the department by an
insurance carrier under section 505.25 shall also be provided to the
unit. Provision of data to the unit under this paragraph shall not
require an agreement or modification of an agreement between the
department and an insurance carrier, but the provisions of this
section applicable to information received by the unit shall apply to
the data received pursuant to section 505.25 in lieu of any
confidentiality, privacy, disclosure, use, or other provisions of an
agreement between the department and an insurance carrier.
2. Notwithstanding other statutory provisions to the contrary,
including but not limited to chapters 22 and 217, as the chapters
relate to confidentiality of records maintained by the department,
the payment records of the collection services center maintained
under section 252B.13A are public records only as follows:
a. Payment records of the collection services center which
are maintained pursuant to chapter 598 are public records and may be
released upon request. Payment records of the clerk of the district
court, to which the department has access to meet the requirements of
a state disbursement unit, are also public records and may be
released upon request. A payment record shall not include address or
location information.
b. Except as otherwise provided in subsection 1, the
department shall not release details related to payment records or
provide alternative formats for release of the information, with the
following additional exceptions:
(1) The unit or collection services center may provide additional
detail or present the information in an alternative format to an
individual or to the individual's legal representative if the
individual owes or is owed a support obligation, to an agency
assigned the obligation as the result of receipt by a party of public
assistance, to an agency charged with enforcing child support
pursuant to Title IV-D of the federal Social Security Act, or to the
court.
(2) For support orders entered in Iowa which are being enforced
by the unit, the unit may compile and make available for publication
a listing of cases in which no payment has been credited to an
accrued or accruing support obligation during a previous three-month
period. Each case on the list shall be identified only by the name
of the support obligor, the address, if known, of the support
obligor, unless the information pertaining to the address of the
support obligor is protected through confidentiality requirements
established by law and has not otherwise been verified with the unit,
the support obligor's court order docket or case number, the county
in which the obligor's support order is filed, the collection
services center case numbers, and the range within which the balance
of the support obligor's delinquency is established. The department
shall determine dates for the release of information, the specific
format of the information released, and the three-month period used
as a basis for identifying cases. The department may not release the
information more than twice annually. In compiling the listing of
cases, no prior public notice to the obligor is required, but the
unit may send notice annually by mail to the current known address of
any individual owing a support obligation which is being enforced by
the unit. The notice shall inform the individual of the provisions
of this subparagraph. Actions taken pursuant to this subparagraph
are not subject to review under chapter 17A, and the lack of receipt
of a notice does not prevent the unit from proceeding in implementing
this subparagraph.
(3) The provisions of subparagraph (2) may be applied to support
obligations entered in another state, at the request of a child
support agency if the child support agency has demonstrated that the
provisions of subparagraph (2) are not in conflict with the laws of
the state where the support obligation is entered and the unit is
enforcing the support obligation.
(4) Records relating to the administration, collection, and
enforcement of surcharges pursuant to section 252B.23 which are
recorded by the unit or a collection entity shall be confidential
records except that information, as necessary for support collection
and enforcement, may be provided to other governmental agencies, the
obligor or the resident parent, or a collection entity under contract
with the unit unless otherwise prohibited by the federal law. A
collection entity under contract with the unit shall use information
obtained for the sole purpose of fulfilling the duties required under
the contract, and shall disclose any records obtained by the
collection entity to the unit for use in support establishment and
enforcement.
3. Notwithstanding other statutory provisions to the contrary,
including but not limited to chapters 22 and 217, as the chapters
relate to the confidentiality of records maintained by the
department, information recorded by the department pursuant to this
section or obtained by the unit is confidential and, except when
prohibited by federal law or regulation, may be used or disclosed as
provided in subsection 1, paragraphs "b" and "h", and
subsection 2, and as follows:
a. The attorney general may utilize the information to
secure, modify, or enforce a support obligation of an individual.
b. This subsection shall not permit or require the release of
information, except to the extent provided in this section.
c. The unit may release or disclose information as necessary
to provide services under section 252B.5, as provided by chapter
252G, as provided by Title IV-D of the federal Social Security Act,
as amended, or as required by federal law.
d. The unit may release information under section 252B.9A to
meet the requirements of Title IV-D of the federal Social Security
Act for parent locator services.
e. Information may be released if directly connected with any
of the following:
(1) The administration of the plan or program approved under
Title I, IV-A, IV-B, IV-D, IV-E, X, XIV, XVI, XIX, or XX, or the
supplemental security income program established under Title XVI, of
the federal Social Security Act, as amended.
(2) Any investigations, prosecutions, or criminal or civil
proceeding conducted in connection with the administration of any
such plan or program.
(3) The administration of any other federal or federally assisted
program which provides assistance in cash or in kind or provides
services, directly to individuals on the basis of need.
(4) Reporting to an appropriate agency or official, information
on known or suspected instances of physical or mental injury, sexual
abuse or exploitation, or negligent treatment or maltreatment of a
child who is the subject of a child support enforcement action under
circumstances which indicate that the child's health or welfare is
threatened.
f. Information may be released to courts having jurisdiction
in support proceedings. If a court issues an order, which is not
entered under section 252B.9A, directing the unit to disclose
confidential information, the unit may file a motion to quash
pursuant to this chapter, Title IV-D of the federal Social Security
Act, or other applicable law.
g. The child support recovery unit shall release information
relating to an absent parent to another unit of the department
pursuant to a written request for the information approved by the
director or the director's designee.
h. For purposes of this subsection, "party" means an
absent parent, obligor, resident parent, or other necessary party.
i. If the unit receives notification under this paragraph,
the unit shall notify the federal parent locator service as required
by federal law that there is reasonable evidence of domestic violence
or child abuse against a party or a child and that the disclosure of
information could be harmful to the party or the child. The
notification to the federal parent locator service shall be known as
notification of a disclosure risk indicator. For purposes of this
paragraph, the unit shall notify the federal parent locator service
of a disclosure risk indicator only if at least one of the following
applies:
(1) The unit receives notification that the department, or
comparable agency of another state, has made a finding of good cause
or other exception as provided in section 252B.3, or comparable law
of another state.
(2) The unit receives and, through automation, matches
notification from the department of public safety or the unit
receives notification from a court of this or another state, that a
court has issued a protective order or no-contact order against a
party with respect to another party or child.
(3) The unit receives notification that a court has dismissed a
petition for specified confidential information pursuant to section
252B.9A.
(4) The unit receives notification that a tribunal has issued an
order under chapter 252K, the uniform interstate family support Act,
or the comparable law of another state, that the address or other
identifying information of a party or child not be disclosed.
(5) The unit receives and, through automation, matches
notification from the division of child and family services of the
department, or the unit receives notification from a comparable
agency of another state, of a founded allegation of child abuse, or a
comparable finding under the law of the other state.
(6) The unit receives notification that an individual has an
exemption from cooperation with child support enforcement under a
family investment program safety plan which addresses family or
domestic violence.
(7) The unit receives notification, as the result of a request
under section 252B.9A, of the existence of any finding, order, safety
plan, or founded allegation referred to in subparagraphs (1) through
(6) of this paragraph.
j. The unit may provide information regarding delinquent
obligors as provided in 42 U.S.C. § 666(a)(7) to a consumer reporting
agency if all the following apply:
(1) The agency provides the unit with satisfactory evidence that
it is a consumer reporting agency as defined in 15 U.S.C. § 1681a(f)
and meets all the following requirements:
(a) Compiles and maintains files on consumers on a nationwide
basis as provided in 15 U.S.C. § 1681a(p).
(b) Participates jointly with other nationwide consumer reporting
agencies in providing annual free credit reports to consumers upon
request through a centralized source as required by the federal trade
commission in 16 C.F.R. § 610.2.
(2) The agency has entered into an agreement with the unit
regarding receipt and use of the information.
4. Nothing in this chapter, chapter 252A, 252C, 252D, 252E, 252F,
252G, 252H, 252I, 252J, or 252K, or any other comparable chapter or
law shall preclude the unit from exchanging any information, notice,
document, or certification with any government or private entity, if
the exchange is not otherwise prohibited by law, through mutually
agreed upon electronic data transfer rather than through other means.
252B.9 INFORMATION AND ASSISTANCE FROM OTHERS --
AVAILABILITY OF RECORDS.
1. a. The director may request from state, county, and local
agencies information and assistance deemed necessary to carry out the
provisions of this chapter. State, county, and local agencies,
officers, and employees shall cooperate with the unit and shall on
request supply the department with available information relative to
the absent parent, the custodial parent, and any other necessary
party, notwithstanding any provisions of law making this information
confidential. The cooperation and information required by this
subsection shall also be provided when it is requested by a child
support agency. Information required by this subsection includes,
but is not limited to, information relative to location, income,
property holdings, records of licenses as defined in section 252J.1,
and records concerning the ownership and control of corporations,
partnerships, and other business entities. If the information is
maintained in an automated database, the unit shall be provided
automated access.
b. Parents of a child on whose behalf support enforcement
services are provided shall provide information regarding income,
resources, financial circumstances, and property holdings to the
department for the purpose of establishment, modification, or
enforcement of a support obligation. The department may provide the
information to parents of a child as needed to implement the
requirements of section 598.21B, notwithstanding any provisions of
law making this information confidential.
c. Notwithstanding any provisions of law making this
information confidential, all persons, including for-profit,
nonprofit, and governmental employers, shall, on request, promptly
supply the unit or a child support agency information on the
employment, compensation, and benefits of any individual employed by
such person as an employee or contractor with relation to whom the
unit or a child support agency is providing services.
d. Notwithstanding any provisions of law making this
information confidential, the unit may subpoena or a child support
agency may use the administrative subpoena form promulgated by the
secretary of the United States department of health and human
services under 42 U.S.C. § 652(a)(11)(C), to obtain any of the
following:
(1) Books, papers, records, or information regarding any
financial or other information relating to a paternity or support
proceeding.
(2) Certain records held by public utilities, cable or other
television companies, cellular telephone companies, and internet
service providers with respect to individuals who owe or are owed
support, or against or with respect to whom a support obligation is
sought, consisting of the names and addresses of such individuals and
the names and addresses of the employers of such individuals, as
appearing in customer records, and including the cellular telephone
numbers of such individuals appearing in the customer records of
cellular telephone companies. If the records are maintained in
automated databases, the unit shall be provided with automated
access.
e. The unit or a child support agency may subpoena
information for one or more individuals.
f. If the unit or a child support agency issues a request
under paragraph "c", or a subpoena under paragraph "d", all
of the following shall apply:
(1) The unit or child support agency may issue a request or
subpoena to a person by sending it by regular mail. Proof of service
may be completed according to rule of civil procedure 1.442.
(2) A person who is not a parent or putative father in a
paternity or support proceeding, who is issued a request or subpoena,
shall be provided an opportunity to refuse to comply for good cause
by filing a request for a conference with the unit or child support
agency in the manner and within the time specified in rules adopted
pursuant to subparagraph (7).
(3) Good cause shall be limited to mistake in the identity of the
person, or prohibition under federal law to release such information.
(4) After the conference the unit shall issue a notice finding
that the person has good cause for refusing to comply, or a notice
finding that the person does not have good cause for failing to
comply. If the person refuses to comply after issuance of notice
finding lack of good cause, or refuses to comply and does not request
a conference, the person is subject to a penalty of one hundred
dollars per refusal.
(5) If the person fails to comply with the request or subpoena,
fails to request a conference, and fails to pay a fine imposed under
subparagraph (4), the unit may petition the district court to compel
the person to comply with this paragraph. If the person objects to
imposition of the fine, the person may seek judicial review by the
district court.
(6) If a parent or putative father fails to comply with a
subpoena or request for information, the provisions of chapter 252J
shall apply.
(7) The unit may adopt rules pursuant to chapter 17A to implement
this section.
g. Notwithstanding any provisions of law making this
information confidential, the unit or a child support agency shall
have access to records and information held by financial institutions
with respect to individuals who owe or are owed support, or with
respect to whom a support obligation is sought including information
on assets and liabilities. If the records are maintained in
automated databases, the unit shall be provided with automated
access. For the purposes of this section, "financial
institution" means financial institution as defined in section
252I.1.
h. Notwithstanding any law to the contrary, the unit and a
child support agency shall have access to any data maintained by the
state of Iowa which contains information that would aid the agency in
locating individuals. Such information shall include, but is not
limited to, driver's license, motor vehicle, and criminal justice
information. However, the information does not include criminal
investigative reports or intelligence files maintained by law
enforcement. The unit and child support agency shall use or disclose
the information obtained pursuant to this paragraph only in
accordance with subsection 3. Criminal history records maintained by
the department of public safety shall be disclosed in accordance with
chapter 692. The unit shall also have access to the protective order
file maintained by the department of public safety.
i. Liability shall not arise under this subsection with
respect to any disclosure by a person as required by this subsection,
and no advance notice from the unit or a child support agency is
required prior to requesting information or assistance or issuing a
subpoena under this subsection.
j. Notwithstanding any provision of law making this
information confidential, data provided to the department by an
insurance carrier under section 505.25 shall also be provided to the
unit. Provision of data to the unit under this paragraph shall not
require an agreement or modification of an agreement between the
department and an insurance carrier, but the provisions of this
section applicable to information received by the unit shall apply to
the data received pursuant to section 505.25 in lieu of any
confidentiality, privacy, disclosure, use, or other provisions of an
agreement between the department and an insurance carrier.
2. Notwithstanding other statutory provisions to the contrary,
including but not limited to chapters 22 and 217, as the chapters
relate to confidentiality of records maintained by the department,
the payment records of the collection services center maintained
under section 252B.13A are public records only as follows:
a. Payment records of the collection services center which
are maintained pursuant to chapter 598 are public records and may be
released upon request. Payment records of the clerk of the district
court, to which the department has access to meet the requirements of
a state disbursement unit, are also public records and may be
released upon request. A payment record shall not include address or
location information.
b. Except as otherwise provided in subsection 1, the
department shall not release details related to payment records or
provide alternative formats for release of the information, with the
following additional exceptions:
(1) The unit or collection services center may provide additional
detail or present the information in an alternative format to an
individual or to the individual's legal representative if the
individual owes or is owed a support obligation, to an agency
assigned the obligation as the result of receipt by a party of public
assistance, to an agency charged with enforcing child support
pursuant to Title IV-D of the federal Social Security Act, or to the
court.
(2) For support orders entered in Iowa which are being enforced
by the unit, the unit may compile and make available for publication
a listing of cases in which no payment has been credited to an
accrued or accruing support obligation during a previous three-month
period. Each case on the list shall be identified only by the name
of the support obligor, the address, if known, of the support
obligor, unless the information pertaining to the address of the
support obligor is protected through confidentiality requirements
established by law and has not otherwise been verified with the unit,
the support obligor's court order docket or case number, the county
in which the obligor's support order is filed, the collection
services center case numbers, and the range within which the balance
of the support obligor's delinquency is established. The department
shall determine dates for the release of information, the specific
format of the information released, and the three-month period used
as a basis for identifying cases. The department may not release the
information more than twice annually. In compiling the listing of
cases, no prior public notice to the obligor is required, but the
unit may send notice annually by mail to the current known address of
any individual owing a support obligation which is being enforced by
the unit. The notice shall inform the individual of the provisions
of this subparagraph. Actions taken pursuant to this subparagraph
are not subject to review under chapter 17A, and the lack of receipt
of a notice does not prevent the unit from proceeding in implementing
this subparagraph.
(3) The provisions of subparagraph (2) may be applied to support
obligations entered in another state, at the request of a child
support agency if the child support agency has demonstrated that the
provisions of subparagraph (2) are not in conflict with the laws of
the state where the support obligation is entered and the unit is
enforcing the support obligation.
(4) Records relating to the administration, collection, and
enforcement of surcharges pursuant to section 252B.23 which are
recorded by the unit or a collection entity shall be confidential
records except that information, as necessary for support collection
and enforcement, may be provided to other governmental agencies, the
obligor or the resident parent, or a collection entity under contract
with the unit unless otherwise prohibited by the federal law. A
collection entity under contract with the unit shall use information
obtained for the sole purpose of fulfilling the duties required under
the contract, and shall disclose any records obtained by the
collection entity to the unit for use in support establishment and
enforcement.
3. Notwithstanding other statutory provisions to the contrary,
including but not limited to chapters 22 and 217, as the chapters
relate to the confidentiality of records maintained by the
department, information recorded by the department pursuant to this
section or obtained by the unit is confidential and, except when
prohibited by federal law or regulation, may be used or disclosed as
provided in subsection 1, paragraphs "b" and "h", and
subsection 2, and as follows:
a. The attorney general may utilize the information to
secure, modify, or enforce a support obligation of an individual.
b. This subsection shall not permit or require the release of
information, except to the extent provided in this section.
c. The unit may release or disclose information as necessary
to provide services under section 252B.5, as provided by chapter
252G, as provided by Title IV-D of the federal Social Security Act,
as amended, or as required by federal law.
d. The unit may release information under section 252B.9A to
meet the requirements of Title IV-D of the federal Social Security
Act for parent locator services.
e. Information may be released if directly connected with any
of the following:
(1) The administration of the plan or program approved under
Title I, IV-A, IV-B, IV-D, IV-E, X, XIV, XVI, XIX, or XX, or the
supplemental security income program established under Title XVI, of
the federal Social Security Act, as amended.
(2) Any investigations, prosecutions, or criminal or civil
proceeding conducted in connection with the administration of any
such plan or program.
(3) The administration of any other federal or federally assisted
program which provides assistance in cash or in kind or provides
services, directly to individuals on the basis of need.
(4) Reporting to an appropriate agency or official, information
on known or suspected instances of physical or mental injury, sexual
abuse or exploitation, or negligent treatment or maltreatment of a
child who is the subject of a child support enforcement action under
circumstances which indicate that the child's health or welfare is
threatened.
f. Information may be released to courts having jurisdiction
in support proceedings. If a court issues an order, which is not
entered under section 252B.9A, directing the unit to disclose
confidential information, the unit may file a motion to quash
pursuant to this chapter, Title IV-D of the federal Social Security
Act, or other applicable law.
g. The child support recovery unit shall release information
relating to an absent parent to another unit of the department
pursuant to a written request for the information approved by the
director or the director's designee.
h. For purposes of this subsection, "party" means an
absent parent, obligor, resident parent, or other necessary party.
i. If the unit receives notification under this paragraph,
the unit shall notify the federal parent locator service as required
by federal law that there is reasonable evidence of domestic violence
or child abuse against a party or a child and that the disclosure of
information could be harmful to the party or the child. The
notification to the federal parent locator service shall be known as
notification of a disclosure risk indicator. For purposes of this
paragraph, the unit shall notify the federal parent locator service
of a disclosure risk indicator only if at least one of the following
applies:
(1) The unit receives notification that the department, or
comparable agency of another state, has made a finding of good cause
or other exception as provided in section 252B.3, or comparable law
of another state.
(2) The unit receives and, through automation, matches
notification from the department of public safety or the unit
receives notification from a court of this or another state, that a
court has issued a protective order or no-contact order against a
party with respect to another party or child.
(3) The unit receives notification that a court has dismissed a
petition for specified confidential information pursuant to section
252B.9A.
(4) The unit receives notification that a tribunal has issued an
order under chapter 252K, the uniform interstate family support Act,
or the comparable law of another state, that the address or other
identifying information of a party or child not be disclosed.
(5) The unit receives and, through automation, matches
notification from the division of child and family services of the
department, or the unit receives notification from a comparable
agency of another state, of a founded allegation of child abuse, or a
comparable finding under the law of the other state.
(6) The unit receives notification that an individual has an
exemption from cooperation with child support enforcement under a
family investment program safety plan which addresses family or
domestic violence.
(7) The unit receives notification, as the result of a request
under section 252B.9A, of the existence of any finding, order, safety
plan, or founded allegation referred to in subparagraphs (1) through
(6) of this paragraph.
j. The unit may provide information regarding delinquent
obligors as provided in 42 U.S.C. § 666(a)(7) to a consumer reporting
agency if all the following apply:
(1) The agency provides the unit with satisfactory evidence that
it is a consumer reporting agency as defined in 15 U.S.C. § 1681a(f)
and meets all the following requirements:
(a) Compiles and maintains files on consumers on a nationwide
basis as provided in 15 U.S.C. § 1681a(p).
(b) Participates jointly with other nationwide consumer reporting
agencies in providing annual free credit reports to consumers upon
request through a centralized source as required by the federal trade
commission in 16 C.F.R. § 610.2.
(2) The agency has entered into an agreement with the unit
regarding receipt and use of the information.
4. Nothing in this chapter, chapter 252A, 252C, 252D, 252E, 252F,
252G, 252H, 252I, 252J, or 252K, or any other comparable chapter or
law shall preclude the unit from exchanging any information, notice,
document, or certification with any government or private entity, if
the exchange is not otherwise prohibited by law, through mutually
agreed upon electronic data transfer rather than through other means.
