Utah Admin. Code R527-5-6 - Private Information

(1) A record is private if it meets the requirements provided in Section 63G-2-302, including:

(a) the address, date of birth, and Social Security number (SSN) of ORS case participants; and

(b) information about state employees, former employees and applicants, unless designated public pursuant to Subsection 63G-2-301(2)(b) or (3)(o).

(2) A private record may be disclosed when:

(a) disclosure is required by other statutes;

(b) disclosure is for a purpose directly connected with any investigation, prosecution, or criminal or civil proceeding conducted in connection with Utah's child support enforcement plan and other programs administered by ORS;

(c) a parent who has physical custody of the child, a parent without physical custody of the child, a relative to whom physical custody of the child has been voluntarily given, or a parent's attorney:

(i) demonstrates that the other party's address is required to serve legal process as the result of a judicial action to establish or modify an order or judgment for child support, spousal support, medical support, or child care, so long as the person whose address is being sought has not requested that case information be safeguarded; or

(ii) requests the other party's address related to parent-time pursuant to Section 62A -11-304.4;

(d) income information is needed to establish a support order or review a support order for possible modification. This information may only be released to:

(i) the court or administrative Presiding Officer;

(ii) the other party; or

(iii) the other party's authorized representative;

(e) a case participant's SSN, address or employment information is needed by authorized governmental entities, including law enforcement agencies and:

(i) the requesting entity enforces, litigates or investigates civil, criminal or administrative law and the record is necessary to a proceeding or investigation; or

(ii) the requesting entity is one that collects information for pre-sentence, probationary or parole purposes; or

(f) a governmental agency provides written assurance that the record is necessary to the governmental entity's duties and functions and will be used for a purpose similar to the purposes for which ORS collected or obtained the information and that the record use produces a public benefit outweighing the individual privacy right protecting the record.

(3) A private record shall be disclosed pursuant to the provisions in Section 63G-2-202.

(4) A private record may not be released when a protective order has been issued in violation of 42 U.S.C. 654(26), or if there is reason to believe the release of information may result in physical or emotional harm to the person.

Notes

Utah Admin. Code R527-5-6

Amended by Utah State Bulletin Number 2022-08, effective 4/11/2022