20.6 Order of Confidentiality

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 was 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 enter 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

1) The WCSP, in an effort to protect victims of family violence, will file a Motion for Confidentiality Order on behalf of a party in a case filed by WCSP under the following circumstances:

a. If WCSP is aware that there are family violence concerns between parties, CSP will inform the party of their right to request a confidentiality order. This is part of the standard screening process utilizing the Domestic Violence Individualized Case Management Tool.

b. If the protected party requests CSP to file a Motion for Confidentiality Order, and there is a current valid protection order, the program will file the request on behalf of the party. 1

c. If the protected party indicates he/she does not wish a confidentiality order, CSP will not request one. 2

2) If WCSP is aware that a Wyoming Court has filed an Order of Confidentiality in a divorce or other court action:

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

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

c. 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)

Cross Reference

Notice of Confidentiality

1 The CSP will not file motions requiring affidavits and possible hearing to obtain the order due to concerns of CSP appearing to represent the victim. In cases where a protection order is in place, a court has determined that family violence exists and the movant is entitled the confidentiality order as a matter of law.

2 This recognizes the common situation where a valid protection order is in place, but the restrained person knows where the protected person lives. In such a situation, it is reasonable that the protected person does not care if address information is kept off of court documents.