454.440. Definitions--child support enforcement may use parent locator service, when--financial entities to provide information, when, penalty for refusal, immunity--statement of absent parents, conte
Definitions--child support enforcement may use parent locator service,when--financial entities to provide information, when, penaltyfor refusal, immunity--statement of absent parents,contents--prohibited acts, penalties--confidentiality of records,exceptions, penalties.
454.440. 1. As used in this section, unless the context clearlyindicates otherwise, the following terms mean:
(1) "Business" includes any corporation, partnership, association,individual, and labor or other organization including, but not limited to,a public utility or cable company;
(2) "Division", the Missouri division of child support enforcement ofthe department of social services;
(3) "Financial entity" includes any bank, trust company, savings andloan association, credit union, insurance company, or any corporation,association, partnership, or individual receiving or accepting money or itsequivalent on deposit as a business;
(4) "Government agency", any department, board, bureau or otheragency of this state or any political subdivision of the state;
(5) "Information" includes, but is not necessarily limited to, thefollowing items:
(a) Full name of the parent;
(b) Social Security number of the parent;
(c) Date of birth of the parent;
(d) Last known mailing and residential address of the parent;
(e) Amount of wages, salaries, earnings or commissions earned by orpaid to the parent;
(f) Number of dependents declared by the parent on state and federaltax information and reporting forms;
(g) Name of company, policy numbers and dependent coverage for anymedical insurance carried by or on behalf of the parent;
(h) Name of company, policy numbers and cash values, if any, for anylife insurance policies or annuity contracts, carried by or on behalf of,or owned by, the parent;
(i) Any retirement benefits, pension plans or stock purchase plansmaintained on behalf of, or owned by, the parent and the values thereof,employee contributions thereto, and the extent to which each benefit orplan is vested;
(j) Vital statistics, including records of marriage, birth ordivorce;
(k) Tax and revenue records, including information on residenceaddress, employer, income or assets;
(l) Records concerning real or personal property;
(m) Records of occupational, professional or recreational licenses orpermits;
(n) Records concerning the ownership and control of corporations,partnerships or other businesses;
(o) Employment security records;
(p) Records concerning motor vehicles;
(q) Records of assets or liabilities;
(r) Corrections records;
(s) Names and addresses of employers of parents;
(t) Motor vehicle records; and
(u) Law enforcement records;
(6) "Parent", a biological or adoptive parent, including a presumedor putative father. The word parent shall also include any person who hasbeen found to be such by:
(a) A court of competent jurisdiction in an action for dissolution ofmarriage, legal separation, or establishment of the parent and childrelationship;
(b) The division under section 454.485;
(c) Operation of law under section 210.823, RSMo; or
(d) A court or administrative tribunal of another state.
2. For the purpose of locating and determining financial resources ofthe parents relating to establishment of paternity or to establish, modifyor enforce support orders, the division or other state IV-D agency mayrequest and receive information from the federal Parent Locator Service,from available records in other states, territories and the District ofColumbia, from the records of all government agencies, and from businessesand financial entities. A request for information from a public utility orcable television company shall be made by subpoena authorized pursuant tothis chapter. The government agencies, businesses, and financial entitiesshall provide information, if known or chronicled in their businessrecords, notwithstanding any other provision of law making the informationconfidential. In addition, the division may use all sources of informationand available records and, pursuant to agreement with the secretary of theUnited States Department of Health and Human Services, or the secretary'sdesignee, request and receive from the federal Parent Locator Serviceinformation pursuant to 42 U.S.C. Sections 653 and 663, to determine thewhereabouts of any parent or child when such information is to be used tolocate the parent or child to enforce any state or federal law with respectto the unlawful taking or restraining of a child, or of making or enforcinga child custody or visitation order.
3. Notwithstanding the provisions of subsection 2 of this section, nofinancial entity shall be required to provide the information requested bythe division or other state IV-D agency unless the division or other stateIV-D agency alleges that the parent about whom the information is sought isan officer, agent, member, employee, depositor, customer or the insured ofthe financial institution, or unless the division or other state IV-Dagency has complied with the provisions of section 660.330, RSMo.
4. Any business or financial entity which has received a request fromthe division or other state IV-D agency as provided by subsections 2 and 3of this section shall provide the requested information or a statement thatany or all of the requested information is not known or available to thebusiness or financial entity, within sixty days of receipt of the requestand shall be liable to the state for civil penalties up to one hundreddollars for each day after such sixty-day period in which it fails toprovide the information so requested. Upon request of the division orother state IV-D agency, the attorney general shall bring an action in acircuit court of competent jurisdiction to recover the civil penalty. Thecourt shall have the authority to determine the amount of the civil penaltyto be assessed.
5. Any business or financial entity, or any officer, agent oremployee of such entity, participating in good faith in providinginformation requested pursuant to subsections 2 and 3 of this section shallbe immune from liability, civil or criminal, that might otherwise resultfrom the release of such information to the division.
6. Upon request of the division or other state IV-D agency, anyparent shall complete a statement under oath, upon such form as thedivision or other state IV-D agency may specify, providing information,including, but not necessarily limited to, the parent's monthly income, theparent's total income for the previous year, the number and name of theparent's dependents and the amount of support the parent provides to each,the nature and extent of the parent's assets, and such other informationpertinent to the support of the dependent as the division or other stateIV-D agency may request. Upon request of the division or other state IV-Dagency, such statements shall be completed annually. Failure to complywith this subsection is a class A misdemeanor.
7. The disclosure of any information provided to the business orfinancial entity by the division or other state IV-D agency, or thedisclosure of any information regarding the identity of any applicant foror recipient of public assistance, by an officer or employee of anybusiness or financial entity, or by any person receiving such informationfrom such employee or officer is prohibited. Any person violating thissubsection is guilty of a class A misdemeanor.
8. Any person who willfully requests, obtains or seeks to obtaininformation pursuant to this section under false pretenses, or whowillfully communicates or seeks to communicate such information to anyagency or person except pursuant to this chapter, is guilty of a class Amisdemeanor.
9. For the protection of applicants and recipients of servicespursuant to sections 454.400 to 454.645, all officers and employees of, andpersons and entities under contract to, the state of Missouri areprohibited, except as otherwise provided in this subsection, fromdisclosing any information obtained by them in the discharge of theirofficial duties relative to the identity of applicants for or recipients ofservices or relating to proceedings or actions to establish paternity or toestablish or enforce support, or relating to the contents of any records,files, papers and communications, except in the administration of the childsupport program or the administration of public assistance, including civilor criminal proceedings or investigations conducted in connection with theadministration of the child support program or the administration of publicassistance. Such officers, employees, persons or entities are specificallyprohibited from disclosing any information relating to the location of oneparty to another party:
(1) If a protective order has been entered against the other party;or
(2) If there is reason to believe that such disclosure of informationmay result in physical or emotional harm to the other party.
In any judicial proceedings, except such proceedings as are directlyconcerned with the administration of these programs, such informationobtained in the discharge of official duties relative to the identity ofapplicants for or recipients of child support services or publicassistance, and records, files, papers, communications and their contentsshall be confidential and not admissible in evidence. Nothing in thissubsection shall be construed to prohibit the circuit clerk from releasinginformation, not otherwise privileged, from court records for reasons otherthan the administration of the child support program, if such informationdoes not identify any individual as an applicant for or recipient ofservices pursuant to sections 454.400 to 454.645. Anyone who purposely orknowingly violates this subsection is guilty of a class A misdemeanor.
(L. 1982 S.B. 468 § 9, A.L. 1984 H.B. 1275, A.L. 1986 H.B. 1479, A.L. 1994 H.B. 1491 & 1134 merged with S.B. 508, A.L. 1997 S.B. 361, A.L. 1998 S.B. 910, A.L. 2007 S.B. 25)