CS 152P Nondisclosure Order
10/96 Revised 11/19/15 Training Completed 07/15/15
Pursuant to Utah Code Annotated (U.C.A.) 78B-14-312 Nondisclosure of information in exceptional circumstances.
“If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.”
A nondisclosure order prohibits the release of address and identifying information when there is a need to safeguard the information in cases where risk of domestic violence or child abduction exists. Issue an Order of Nondisclosure, UIFSA (form ODND) when you receive a:
1. Request for a nondisclosure order. The request can be from either the custodial parent (CP) or the non-custodial parent (NCP). If the request is received over the telephone or in person, give or send that person the Notice about Data Privacy and Interstate Child Support Cases (form QUND) to complete; and/or,
2. Request for safeguarding and you will be making a referral to another state to work the case; AND,
3. A copy of a:
a. Protective order;
b. Current court order prohibiting disclosure;
c. Criminal order;
d. Documentation of a pending proceeding for any of the above; or,
e. Police and/or hospital reports which document domestic violence or child abuse.
Once a nondisclosure order has been issued, safeguard the case and do not include that individual’s home address, home phone number, work address, or work phone number in any intergovernmental documents or court orders. A nondisclosure order also prohibits the release of identifying information by the Federal Case Registry (FCR).
If a nondisclosure order is issued, safeguard the case information on ORSIS.
If you receive a request for a nondisclosure order, or you determine that one is needed prior to sending a referral to another state on a case that has previously been safeguarded, you must take the steps listed below:
1. Identify the case(s) for review – Review ORSIS and identify the case or applicable cases to be included in this review;
2. Review the request – Review the request form and confirm that the party has requested that his/her address information be protected;
3. Compile the evidence – Gather the necessary evidence, information, and documentation; e.g., a copy of a protective order, current court order prohibiting disclosure, criminal order, or documentation of a pending court proceeding; and,
4. Present the case – Present the case along with the request, evidence, and all supporting documentation to the appropriate Presiding Officer (the regional Quality Assurance Specialist (QA)).
The Presiding Officer (regional Quality Assurance Specialist) will:
1. Review the request and confirm that:
a. It is a claim for a nondisclosure order; and,
b. The documentation supports the claim made in the non-disclosure request.
2. Review the Evidence – Review all of the evidence presented to you by the agent (see #3 in subsection Procedures – Agent Responsibilities above) and determine if a nondisclosure order is appropriate. Make sure the documentation includes one of the following:
a. A protective order or current court order prohibiting disclosure;
b. A current court order limiting or prohibiting the requested person’s contact with the party whose location is being sought;
c. A criminal order;
d. Police and/or hospital reports which document domestic violence or child abuse; or,
e. Documentation of a pending proceeding for any of the above.
3. Issue a Finding:
a. If the necessary documentation has been provided, issue an “Order for Nondisclosure.”
i. Sign and date the order.
ii. Send a copy of the order to the requesting party by first-class mail. Include the Administrative Order Cover Letter. Send a copy to the requesting party’s attorney, if applicable.
b. If the necessary documentation has not been provided or does not support the claim:
i. Send the Nondisclosure Decision letter to the requesting party; and,
ii. Monitor the case for new information.
NOTE: If you send an interstate transmittal to the other state, make sure you include the non-disclosure order with the attachments.
4. Add narratives - Make a case level narrative documenting the above actions and the results.
Cases Referred to the Attorney General’s Office
If/when a referral is made to the Attorney General’s Office (AGO) for judicial action, notify the AGO of the nondisclosure order by checking the appropriate SAFEGUARD box on the AGO Case Referral form Enforcement Referral. Let the AGO know that a copy of the nondisclosure order can be found in Content Manager for the case. The AGO is then responsible for taking the steps necessary to ensure that the requesting party’s address and identifying information is safeguarded and not listed in any legal pleadings.
Intergovernmental Referral – Outgoing
If you require the assistance of another state and send the Child Support Enforcement Transmittal #1 – Initial Request form to that state, and there is a nondisclosure order, determine if the order is for the CP or the NCP.
1. CP – If the nondisclosure order is for the CP, make the following adjustments to the Child Support Enforcement Transmittal #1 – Initial Request form:
a. In the petitioner address field, ORSIS automatically adds the appropriate CSS address;
NOTE: ORSIS will only add the address if you generate the Child Support Enforcement Transmittal #1 – Initial Request form while on a case level screen.
b. In section VII Additional Case Information:
i. Include a narrative to let the responding state know that the CP’s case information has been safeguarded; and,
ii. Mark the “Nondisclosure Finding Attached” box;
c. Include a copy of the nondisclosure order with the referral.
2. NCP – If the nondisclosure order is for the NCP, make the following adjustments to the Child Support Enforcement Transmittal #1 – Initial Request form:
a. In section VII Additional Case Information:
i. Include a narrative to let the responding state know that the NCP’s case information has been safeguarded; and,
ii. Mark the “Nondisclosure Finding Attached” box.
b. Include a copy of the nondisclosure order with the referral.
NOTE: Before sending the intergovernmental transmittal to the responding state, make a copy of the portions of the packet listed on the Forward File and send it to CIU to be imaged. If a document (e.g., Utah order) is part of the intergovernmental packet, check Content Manager to determine whether the document has already been imaged or if the document needs to be sent to ciu to be imaged. If a document has already been imaged, it does not need to be resent to CIU.