Indiana § 31-25-3-4 - Access to information and records; immunity from liability; confidential

§ 31-25-3-4. Access to information and records; immunity from liability; confidential

Sec. 4. (a) Notwithstanding any other law, the bureau or a prosecuting attorney, private attorney, or private entity that is operating under an agreement or contract described in IC 31-25-4-13.1 is entitled to obtain access, at no cost to the bureau or the prosecuting attorney, private attorney, or private entity that is operating under an agreement or contract described in IC 31-25-4-13.1, to the following records from the following agencies or entities:

(1) The following records of state and local agencies:

(A) Records of birth, marriage, and death.

(B) Tax and revenue records, including information related to residence addresses, employers, and assets.

(C) Records concerning real and titled personal property.

(D) Records of occupational, professional, and recreational licenses or permits.

(E) Records concerning the ownership and control of corporations, partnerships, and other business entities.

(F) Employment security records.

(G) Records of agencies administering public assistance programs.

(H) Records of the bureau of motor vehicles.

(I) Records of:

(i) the department of correction; and

(ii) county and municipal correction or confinement facilities.

(2) Subject to subsection (d), records of public utilities and cable television companies that relate to persons who owe or are owed support, or against whom a support obligation is sought, including:

(A) the person's name and address; and

(B) the name and address of the person's employer.

(3) Records held by financial institutions as provided under IC 31-25-4-31.

(4) Subject to policies adopted by the superintendent of the state police department concerning the disclosure of law enforcement records, any other records of a state or local agency.

(b) Upon the request of the bureau or a prosecuting attorney, private attorney, or private entity that is operating under an agreement or contract described in IC 31-25-4-13.1, an employer shall provide information related to the employment, earnings, benefits, and residential address and phone number of any employee.

(c) An agency or entity that possesses records described in subsection (a)(1) and (a)(3) shall provide information and records upon the request of the bureau or a prosecuting attorney, private attorney, or private entity that is operating under an agreement or contract under IC 31-25-4-13.1. Information described in this subsection shall be provided in response to a subpoena, or the bureau may enter into agreements to provide for electronic access to these records.

(d) An entity listed subsection (a)(2) shall provide the information only in response to a judicial or administrative subpoena issued by the bureau.

(e) An agency or entity described under subsection (a) that provides information under a request or subpoena under this section is not liable for disclosing information under the request or subpoena.

(f) All information received under this section is confidential. The bureau may disclose this information only as provided under IC 31-25-4-21.

As added by P.L.80-2010, SEC.47.

IC 31-25-4Chapter 4. Child Support Provisions of Title IV-D of the Federal Social Security Act

31-25-4-1"Bureau" 31-25-4-2"Delinquent" 31-25-4-3"Account" 31-25-4-4"Obligor" 31-25-4-5"Plan" 31-25-4-6Repealed 31-25-4-7Duties of bureau 31-25-4-8Additional duties of bureau 31-25-4-8.5Duties related to interception of winnings and prizes 31-25-4-9Federal requirements 31-25-4-10Agreements and communications with Title IV-A administrator; time frame requirement 31-25-4-11State case registry; contents 31-25-4-12Federal courts; contact 31-25-4-13Repealed 31-25-4-13.1Agreements with local government officials; contracting; attorney-client relationship; informing applicant; service level stipulation 31-25-4-14Repealed 31-25-4-14.1Program to contract with collection agency; duties; contract requirements; costs 31-25-4-15Court assistants; appointment; agreements for services; standards 31-25-4-16Contracts with nongovernmental providers 31-25-4-17Support related duties of bureau 31-25-4-17.5Recoupment of overpayment 31-25-4-18Order for genetic testing to establish paternity; income withholding 31-25-4-19Services for other than TANF recipients or applicants; application; fees 31-25-4-19.5Title IV-D agency collection fee 31-25-4-20Authority to receive federal funds and distribute money collected 31-25-4-21Confidential information; safeguards; necessary disclosures 31-25-4-22Disclosure of information to consumer reporting agencies; procedures 31-25-4-23Title IV-D agency; incentive payments; distribution from county treasury 31-25-4-23.5Title IV-D incentive fund; use of money 31-25-4-24Duties of circuit court clerk; support money; cash payments 31-25-4-25Amounts distributed from department of child services 31-25-4-26Appeal right of aggrieved TANF recipient; issue limitation; corrective action on erroneous records 31-25-4-27Rules implementing Title IV-D 31-25-4-28Appropriation 31-25-4-29Child support enforcement revolving funds 31-25-4-30Child support obligation lien list; motor vehicle liens 31-25-4-31Data match system with financial institutions to block account with child support lien 31-25-4-32Finding obligor delinquent; notice; order to suspend driving privileges; licenses and permits; sanctions 31-25-4-33Objections to order; hearing 31-25-4-33.5Driving privilege reinstatement; suspension 31-25-4-34Duty of Title IV-D agency after finding of delinquency