RECORDS ACCESS AND MANAGEMENT

CS 026 Restricted Information

08/05/99 Revised 10/20/16 Training Completed 11/03/16

IRC sec 6103; 42 U.S.C. 653; U.C.A. 62A-11-304.1 and 304.5; 63G-2-201(3)(b) and 201(6)(a); 63G-2-304 and 305; R527-005; IRS Publication 1075

 

 

Restricted Information

 

Some Office of Recovery Services, Child Support Services (ORS/CSS) records are restricted because access to the information is barred or limited pursuant to court rule, another state statute, federal statute, federal regulations, or because access is governed or restricted as a condition of participation in a state or federal program or for receiving state or federal funds.  Restricted information is outside the Government Records Access and Management Act (GRAMA) that classifies records as public, private, controlled or protected (refer to ORS Administrative Policy ORS 402 GRAMA).

 

Restricted information is not governed by GRAMA and GRAMA procedures do not apply.  The disclosure of restricted information is governed by the specific provisions of the applicable statute, rule or regulation, as referenced in the sections below.

 

Individuals may only work with restricted information if they are authorized to access and use such information.

 

 

Definitions

 

1.                   Office of Recovery Services Information System (ORSIS) Debt Computation – A payment account summary for a case or an obligor that includes all charges, payments, and adjustments on a case. 

 

2.                   Disposition – The process of getting rid of something, throwing away or destroying something (destruction); an orderly arrangement, distribution, or placement, the transferring of something valuable to somebody else.   

 

3.                   Federal Tax Information (FTI) – Information received from the Internal Revenue Service (IRS) or the Federal Office of Child support Enforcement (OCSE) that consists of a taxpayer’s identity (name and social security number (SSN)), address, filing status, amounts and nature of income the number of dependents report on a federal tax return, and the amount of the intercepted tax refund.

 

4.                   Payment History – There are two different sources for payment histories that may be utilized.  They are:

a.                   ORSIS – There are three payment histories available through ORSIS.  They are:

i.                     Child Support Payment History – This record shows all charges and payments made toward a child support obligation only;

ii.                   Spousal Support Payment History – This record shows all charges and payments made toward a spousal support obligation only.

iii.                  Foster Care/Youth Corrections Payment History – This record shows all charges and payments made toward a Foster Care or Youth Corrections obligation only.

b.                  Query Management Facility (QMF) – A computer program that provides a payment record that includes charges, payments, and adjustments for a case.  There are six (6) different payment records available.  They are:

i.                     Case Account History (Case Level with running balance):

A.                  Full Case Account History – This is a full account history of all charges, payments and adjustments made to the case for the duration of the case; and,

B.                  Partial Case Account History – This is a partial account history of all charges, payments and adjustments made to the case.

ii.                   Case Payment History (Case Level with running Paid to Date total):

A.                  Full Case Payment History – This is a full account history of only the payments issued to a participant for a specified time-period; and,

B.                  Partial Case Payment – This is a partial account history of only the payments issued to a participant for the previous 12 months.

iii.                  Check History (Participant Level):

A.                  Full Check History – This is a full check history of all payments sent to a participant; and,

B.                  Partial Check History – This is a partial check history of all payments sent to a participant for one year.

 

NOTE:  The QMF documents meet IRS requirements for court hearings and can be presented and filed with the court without first obtaining the permission of the NCP or CP.  They all list federal tax intercept payments along with other payments known to ORSIS, but contain no payment source information.  The QMF Case Payment History will also include a running total of year-to-date payments, and the QMF Case Account History will include a month by month balance due amount. 

 

 

Procedures for all Restricted Information

 

You may only work with restricted information if you are authorized to access and use such information and have read and signed the IRS Compliance Agreement and the ORS Policy Compliance Agreement that describes the access, use, and disclosure of restricted information.

 

1.                   Do not write the source of restricted information in a narrative or posting instruction. 

 

NOTE:  If you receive the same information from another source, such as the NCP or CP (e.g., for income verification on an establish order or modification case), the information is not considered restricted information and you may change the source code on ORSIS.  Also, document this action in the narratives without referring to the original source of the information.

 

2.                   When talking with NCPs or CPs about payments from restricted sources, (e.g., Federal Tax Information (FTI)), or payments that were obtained based on information received from a restricted source (e.g., financial institution data match), you may refer to the payment source(s) in reference to that NCP’s payment(s).  However, when talking with the CPs, it’s generally a good idea not to discuss the source of any payment received by ORS, unless the CP is already aware of information about the payment and you are just confirming the information.  You may also inform the CP in general terms about any collection and enforcement services that potentially may occur in child support cases, including federal tax offset, because this would not be case specific information derived from a federal tax return.

 

3.                   When talking with other Non-IV-D individuals or entities about payments from restricted sources, do not disclose any information about the payment, including the amount and the source of the payment unless the information is already known to that third party (e.g., the NCP has previously disclosed the FTI to his/her current spouse).

 

NOTE:  If you receive a request for a payment history from a Division of Child and Family Services (DCFS) worker, inform him/her that these types of requests must be made through the Attorney General’s Office (AGO) attorneys.  The DCFS AGO must contact the appropriate ORS attorney and request a payment history.  After review, the ORS attorney will determine what, if any, payment information may be released and notify the DCFS attorney.