3.8 Order of Confidentiality


Chapter Federal Authority
Order of Confidentaility Social Security Act
          
§453(b)(2) Federal Parent Locator Service
§454(26) State plan for child and spousal support
§454A(f) Automated data processing
45 CFR 302.35 State Parent Locator Service
45 CFR 303.21 Safeguarding and disclosure of confidential information
45 CFR 307.11 Functional requirements for computerized support enforcement systems in operations by October 1, 2000
Subject State Authority
Order of Confidentiality Wyo. Stat. § 20-2-309 Contents of orders; change of address or employment; income withholding entered; payment.-1-636 Division of victim services; created; appointment of director and deputy director; administrative and clerical employees; definitions
Wyo. Stat. § 14-3-202 Definitions (Child Protective Services)
Wyo. Stat. § 20-6-101 et. seq. Child Support Enforcement Act
Wyo. Stat. § 20-2-2-309 Contents of orders; change of address or employment; income withholding entered; payment.
Wyoming Child Support Enforcement Rules
            Chapter 13 Safeguarding and Disclosure of Confidential Information

Policy Number Effective Date
3.8 July 1, 2013

Overview

Prior to the 2013 Legislative Session, when a divorce was filed with the District Court, the order was accompanied by a Confidential Statement that is filed separately with the Clerk of the District Court.  The statement contains the names, addresses, dates of birth, places of birth and Social Security Numbers of each party to the divorce and each child.  The parties themselves or their attorneys and the Child Support Enforcement Program (CSP) had access to that information.  Therefore, an abusive ex-husband, for example, could have access to that confidential statement and find out the location and addresses of his ex-wife.

The 2013 Legislative Session passed a new law creating an Order of Confidentiality.  Under this law, a new process was created.  The court can file an Order of Confidentiality which seals up all name, address, date of birth and Social Security Number information.  The other party to the divorce would not have access to the Confidential Statement or the information it contains.  This protects the abuse victim; however, CSP needs the information on the Confidential Statement so CSP can provide child support services as necessary.  The need for the information on the Confidential Statement is especially apparent if one of the parties to the case moves to another state. 

The law passed by the Legislature in 2013 allows CSP access to the confidential statement, even though an Order or Confidentiality has been filed by the court.  Therefore, CSP has access to the confidential information, even if the ex-husband does not have access.

The CSP program does have to take certain precautions with this confidential information.  CSP can give the confidential information only to other governmental agencies and courts, and not to the opposing party.  CSP shall exclude information that is not needed for child support purposes when sharing this information with other governmental agencies or court. CSP shall provide written notice to those governmental agencies and courts that the information Wyoming CSP is giving them is protected by an Order of Confidentiality.

Policy

If a Wyoming Court has filed an Order of Confidentiality in a divorce or other court action:

1) The CSP worker will not disclose any information contained in the Confidential Statement to another party;

2) The CSP worker will not disclose any information to another governmental agency or court that is not necessary for the purposes of the CSP;

3) The CSP office will place a “Notice of Confidential Information” as the cover of all UIFSA packets for cases in which an Order of Confidentiality has been filed. (See Notice of Confidential Information)

Version Number Last Revised Date
2 July 1, 2014