252B.9A - DISCLOSURE OF CONFIDENTIAL INFORMATION -- AUTHORIZED PERSON -- COURT.
252B.9A DISCLOSURE OF CONFIDENTIAL INFORMATION --
AUTHORIZED PERSON -- COURT.
1. A person, except a court or government agency, who is an
authorized person to receive specified confidential information under
42 U.S.C. § 653, may submit a written request to the unit for
disclosure of specified confidential information regarding a
nonrequesting party. The written request shall comply with federal
law and regulations and shall include a sworn statement attesting to
the reason why the requester is an authorized person under 42 U.S.C.
§ 653, including that the requester would use the confidential
information only for purposes permitted in that section.
2. Upon receipt of a request from an authorized person which
meets all of the requirements under subsection 1, the unit shall
search available records as permitted by law or shall request the
information from the federal parent locator service as provided in 42
U.S.C. § 653.
a. If the unit locates the specified confidential
information, the unit shall disclose the information to the extent
permitted under federal law, unless one of the following applies:
(1) There is a notice from the federal parent locator service
that there is reasonable evidence of domestic violence or child abuse
pursuant to 42 U.S.C. § 653(b)(2).
(2) The unit has notified the federal parent locator service of a
disclosure risk indicator as provided in section 252B.9, subsection
3, paragraph "i", and has not removed that notification.
(3) The unit receives notice of a basis for a disclosure risk
indicator listed in section 252B.9, subsection 3, paragraph "i",
within twenty days of sending a notice of the request to the subject
of the request by regular mail.
b. If the unit locates the specified confidential
information, but the unit is prohibited from disclosing confidential
information under paragraph "a", the unit shall deny the request
and notify the requester of the denial in writing. Upon receipt of a
written notice from the unit denying the request, the requester may
file a petition in district court for an order directing the unit to
release the requested information to the court as provided in
subsection 3.
3. A person may file a petition in district court for disclosure
of specified confidential information. The petition shall request
that the court direct the unit to release specified confidential
information to the court, that the court make a determination of harm
if appropriate, and that the court release specified confidential
information to the petitioner.
a. The petition shall include a sworn statement attesting to
the intended use of the information by the petitioner as allowed by
federal law. Such statement may specify any of the following
intended uses:
(1) To establish parentage, or to establish, set the amount of,
modify, or enforce a child support obligation.
(2) To make or enforce a child custody or visitation
determination or order.
(3) To carry out the duty or authority of the petitioner to
investigate, enforce, or bring a prosecution with respect to the
unlawful taking or restraint of a child.
b. Upon the filing of a petition, the court shall enter an
order directing the unit to release to the court within thirty days
specified confidential information which the unit would be permitted
to release under 42 U.S.C. § 653 and 42 U.S.C. § 663, unless one of
the following applies:
(1) There is a notice from the federal parent locator service
that there is reasonable evidence of domestic violence or child abuse
pursuant to 42 U.S.C. § 653(b)(2).
(2) The unit has notified the federal parent locator service of a
disclosure risk indicator as provided in section 252B.9, subsection
3, paragraph "i", and has not removed that notification.
(3) The unit receives notice of a basis for a disclosure risk
indicator listed in section 252B.9, subsection 3, paragraph "i",
within twenty days of sending notice of the order to the subject of
the request by regular mail. The unit shall include in the notice to
the subject of the request a copy of the court order issued under
this paragraph.
c. Upon receipt of the order, the unit shall comply as
follows:
(1) If the unit has the specified confidential information, and
none of the domestic violence, child abuse, or disclosure risk
indicator provisions of paragraph "b" applies, the unit shall
file the confidential information with the court along with a
statement that the unit has not received any notice that the domestic
violence, child abuse, or disclosure risk indicator provisions of
paragraph "b" apply. The unit shall be granted at least thirty
days to respond to the order. The court may extend the time for the
unit to comply. Upon receipt by the court of the confidential
information under this subparagraph, the court may order the release
of the information to the petitioner.
(2) If the unit has the specified confidential information, and
the domestic violence, child abuse, or disclosure risk indicator
provision of paragraph "b" applies, the unit shall file with the
court a statement that the domestic violence, child abuse, or
disclosure risk indicator provision of paragraph "b" applies,
along with any information the unit has received related to the
domestic violence, child abuse, or disclosure risk indicator. The
unit shall be granted at least thirty days to respond to the order.
The court may extend the time for the unit to comply. Upon receipt
by the court of information from the unit under this subparagraph,
the court shall make a finding whether disclosure of confidential
information to any other person could be harmful to the nonrequesting
party or child. In making the finding, the court shall consider any
relevant information provided by the parent or child, any information
provided by the unit or by a child support agency, any information
provided by the petitioner, and any other relevant evidence. The
unit or unit's attorney does not represent any individual person in
this proceeding.
(a) If the court finds that disclosure of confidential
information to any other person could be harmful to the nonrequesting
party or child, the court shall dismiss the petition for disclosure
and notify the unit to notify the federal parent locator service of a
disclosure risk indicator.
(b) If the court does not find that disclosure of specified
confidential information to any other person could be harmful to the
nonrequesting party or child, the court shall notify the unit to file
the specified confidential information with the court. Upon receipt
by the court of the specified confidential information, the court may
release the information to the petitioner and inform the unit to
remove the disclosure risk indicator.
(3) If the unit does not have the specified confidential
information and cannot obtain the information from the federal parent
locator service, the unit shall comply with the order by notifying
the court of the lack of information.
4. The confidential information which may be released by the unit
to a party under subsection 2, or by the unit to the court under
subsection 3, shall be limited by the federal Social Security Act and
other applicable federal law, and the unit may use the sworn
statement filed pursuant to subsection 1 or 3 in applying federal
law. Any information filed with the court by the unit, when
certified over the signature of a designated employee, shall be
considered to be satisfactorily identified and shall be admitted as
evidence, without requiring third-party foundation testimony.
Additional proof of the official character of the person certifying
the document or the authenticity of the person's signature shall not
be required.
5. When making a request for confidential information under this
section, a party or petitioner shall indicate the specific
information requested.
6. For purposes of this section, "party" means party as
defined in section 252B.9, subsection 3.
7. The unit may adopt rules pursuant to chapter 17A to prescribe
provisions in addition to or in lieu of the provisions of this
section to comply with federal requirements for parent locator
services or the safeguarding of information. Section History: Recent Form
98 Acts, ch 1170, §27
Referred to in §252B.9