Safeguarding Confidential Information

Policy 11.0

The Division of Child Support Services (DCSS) takes every reasonable precaution to safeguard against the improper release of confidential information contained within case records maintained by DCSS.

State Authority

O.C.G.A. §§ 19-11-2, 19-11-30, 31-10-25, 31-10-31, 50-18-70 et seq., 50-18-71, 10-1-910, 10-1-911, and 10-1-912
DHS Rules & Regulations 290-7-1-.16

Federal Authority

42 U.S.C. §§ 653(b)(2), 653(I), 653(m), 654(8), 654(17), 654(26), 663(c)
45 CFR §§ 160 and 164, 303.21
IRS Publication 1075

Applicability

All Georgia child support offices receiving Title IV-D funds, including all private vendors contracted with the Department of Human Services to provide child support services.

Overview

DCSS safeguards all confidential information associated with a child support case to ensure that the privacy of the parties is protected in accordance with state and federal laws, rules, and regulations. All requests for confidential information are reviewed by the DCSS attorneys and/or the DHS Office of General Counsel to determine whether the information is subject to disclosure and whether a signed authorization for release of information is required. Failure to safeguard confidential information may result in penalties such as disciplinary action and fines.

Verifying the Identity of Walk-In Customers

DCSS must ensure that case record information is only provided to parties to a case. DCSS must obtain a copy of the authorized party’s valid photo identification prior to releasing case record information. If the request is being made by a third-party, a signed Authorization for Release of Case Information Form (ARI) must be provided along with a copy of the requestor’s valid photo identification. A copy of each requestor’s photo identification must be placed in the case file.

When a Signed Authorization Form IS Required to Release Case Information

DCSS must have a signed ARI form from a party or parties specifying who is authorized to receive information, what information they are entitled to and how long the release will remain in effect when requests are received from:

  1. Social Security Administration (SSA)

  2. Housing Authority (e.g., apartment leasing office)

  3. Third-Party Requests (e.g., party’s legal representative, family member, etc.)

When a Signed Authorization Form IS NOT Required to Release Case Information

Under Georgia law, DCSS can release case record information when:

  1. Information about a party is being requested by that party.

  2. Information is required to be disclosed pursuant to a court order.

  3. An Assistant United States Attorney requests information in writing for use in a criminal prosecution of a child support obligor.

  4. Another state or federal agency is requesting information that is necessary to carry out child support functions under Title IV-D of the Social Security Act and purposes of the program that include locate, establishment, enforcement and collections and distribution.

  5. Information is being requested that is necessary to carry out a purpose or function specifically authorized by Georgia law.

IRS Safeguarding

DCSS is required to ensure the protection of noncustodial parents’ Federal Tax Information (FTI) as required by the Internal Revenue Service (IRS) Office of Safeguards. Security controls are built into systems, processes, and procedures to ensure that the information is protected and that FTI is destroyed or returned to the IRS.

Disclosure involves making known any federal tax return or tax return information to any person. Generally, FTI may be disclosed to certain federal, state, and local agencies upon written request signed by the head of the requesting agency. DCSS may receive FTI for the sole purpose of establishing and enforcing child support obligations. As a condition of receiving FTI, DCSS must satisfactorily demonstrate to the IRS the ability to protect the confidentiality of the information. DCSS should not receive any more FTI than what is necessary to perform program functions. All staff are required to complete a Federal Tax Returns Confidentiality Statement yearly that will be placed in their productivity file.

DCSS employs the following to secure FTI:

  1. Proper identification

  2. Secure storage

  3. Secure access by authorized staff

  4. Secure transmission (when required)

  5. Standardized record keeping

  6. Proper methods of destruction

DCSS does not:

  1. Email FTI in any form (i.e., typed or copied and pasted into the body of the email, attachments, etc.)

  2. Store FTI on mobile devices, OneDrive, Microsoft Teams, or SharePoint

  3. Print FTI at alternate work sites other than non-DHS office work sites