# Presentation: 293531

## Module 3: Protecting and SafeguardingFPLS and OtherChild SupportInformation

- Module 3: Protecting and SafeguardingFPLS and OtherChild SupportInformation

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## Learning Objectives 

- Learning Objectives

- For the FPLS data describe:
**WHO** may ask for FPLS information
**WHY** may they ask for the information
**HOW** must the request for FPLS information be made
**WHAT** information can they receive

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## Learning Objectives (cont.) 

- Learning Objectives (cont.)

- Explain the statutory State and federal requirements for safeguarding information
- Explain the penalties for unauthorized access

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## Learning Objectives  

- Learning Objectives

- Describe customer service privacy and confidentiality issues
- Discuss and list ways to protect child support information

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##   Requests for Information from the FPLS

-   Requests for Information from the FPLS

- Requesting information from the FPLS requires a two-pronged test . . .

**Who?**

**Why?**

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##   Who and Why   

-   Who and Why

- Once you determine **WHO** can ask for FPLS information and
**WHY** they may ask for FPLS information
- Then you can proceed to determine . . .

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## How and What  

- How and What

**HOW** must the request for FPLS information be made, and;
**WHAT** information they may receive

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##  Two Laws Govern Requests for Information from the FPLS

-  Two Laws Govern Requests for Information from the FPLS

- Section 453
- Section 463

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## §453 Request 

- §453 of the Social Security Act governs requests for child support purposes

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## §463 Request 

- §463 of the Social Security Act governs requests for custody and visitation orders or in matters of parental kidnapping.

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## §453 Request:  WHO May Ask for FPLS Information?

- IV-D agency
- Court or agent of a court with authority over child support matters
- Custodial parent, legal guardian, attorney or agent of a child not receiving TANF
- State foster care or child welfare agency

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## §453 Request:  WHY May They Ask for the FPLS Information?

- Establishing parentage
- Establishing, setting, modifying or enforcing child support obligations

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## §453 Request:  HOW Must the Request for FPLS Information Be Made?

- §453 Request:  **HOW** Must the Request for FPLS Information Be Made?

- Sent through the State Parent Locator Service at the State Child Support Agency
- Must comply with OCSE requirements
- Must be accompanied by a statement indicating that this is for an authorized purpose.

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## §453 Request:  WHAT Information Can They Receive?

- Location information
- Wage and employment information
- Asset information (currently obtained from the IRS and only available to IV-D agencies)

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## §463 Request 

- §463 of the Social Security Act governs requests for custody and visitation orders or in matters of parental kidnapping.

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## §463 Request:  WHO May Ask for FPLS Information?

- Agent or attorney of a State with authority under State’s law to enforce custody and visitation
- Court with jurisdiction to make or enforce custody and visitation
- Agent or attorney of the U.S. or of a State with authority to investigate, enforce, or bring prosecution with respect to unlawful taking of a child (parental kidnapping)

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## §463 Request:  WHY May They Ask for the FPLS Information?

- Enforcing any State or Federal law with respect to unlawful taking or restraint of a child;
- Making or enforcing a child custody or visitation determination

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## §463 Request:  HOW Must the Request for FPLS Information be Made?

- §463 Request:  **HOW** Must the Request for FPLS Information be Made?

- Sent through the State Parent Locator Service at the State Child Support Agency
- Must comply with OCSE requirements
- Must be accompanied by a statement indicating that this is for an authorized purpose.

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## §463 Request:  WHAT Information Can They Receive?

- Most recent address, and
- Place of employment

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## So Remember--Who, Why How and What? 

- Requests for information from the FPLS requires a two-pronged test
- Criteria for §453 Requests and §463 Requests cannot be mixed and matched
- Knowing WHO and WHY governs WHAT and HOW

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## State Requirements

- Each State has laws and rules which govern protection of confidential information

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## State Penalties

- What are the penalties for disclosing State acquired information?
- For most child support workers violation of the rules governing security would be a civil or criminal offense.

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## State Penalties—Examples

- Disciplinary actions
- Termination
- Misdemeanor offense—punishable by fine, imprisonment or both

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## 
PRWORA Section 454(26)
States must have safeguards that are designed to protect the privacy rights of the parties
Safeguards against unauthorized disclosure

- PRWORA Section 454(26)
- States must have safeguards that are designed to protect the privacy rights of the parties
- Safeguards against unauthorized disclosure

- Federal Requirements

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## 
The Family Violence Indicator is a data element that is set when a State has reasonable evidence of domestic violence or child abuse

- The Family Violence Indicator is a data element that is set when a State has reasonable evidence of domestic violence or child abuse

- Family Violence Indicator

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## 
PRWORA Sec 454(16)
States must have safeguards on:
Integrity
Accuracy
Completeness of, and access to, and use of data in the automated system

- PRWORA Sec 454(16)
- States must have safeguards on:
- Integrity
- Accuracy
- Completeness of, and access to, and use of data in the automated system

- Federal Requirements

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## 
States must have:

Written policies
System controls
Routine monitoring
Procedures for adequate training
Administrative penalties

- States must have:
- Written policies
- System controls
- Routine monitoring
- Procedures for adequate training
- Administrative penalties

- Federal Requirements

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## Release of Information	

Internal Revenue Code (IRC 6103 (1)(6))

In general, no employee of a state or local child support enforcement agency can disclose Federal tax information (unless verified)

- Release of Information
- Internal Revenue Code (IRC 6103 (1)(6))
- In general, no employee of a state or local child support enforcement agency can disclose Federal tax information (unless verified)

- Disclosure Restriction

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## Misuse of Data

- Each person who uses child support related information is responsible for reporting violations or suspected violations

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## How Do You Report Misuse?

- Does your State have clear regulations on what constitutes misuse?
- Does your State have written policies on misuse and repercussions for misuse?

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## 
Consider keeping files “separate”

Employees’ cases
Domestic Violence cases
Celebrity cases

- Consider keeping files “separate”
- Employees’ cases
- Domestic Violence cases
- Celebrity cases

- What Kind of Security Measures are in Place for “Special” cases

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## Customer Service

- _ _
** **The balance:
- Convenient, useful customer service information versus
- Responsible data                                 security measures

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## Customer Service

- _ _
** **Phone Contacts
- Do you know with whom you are talking to?
- What information is appropriate to disclose?
- What information can you give to a third party?

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## Customer Service

** **“*Internet mail is uniquely susceptible to interception and surveillance.  It’s like sending a postcard.   Any computer along the way can stop that message and read it. “*

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## Customer Service

** **Facsimiles
- What information is appropriate to send via facsimile?
- Who is the recipient or requestor?

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## Customer Service

- What kind of precautions can you take?
- Written waivers
- Shielding your terminal
- “PIN” numbers

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## Customer Service

-  IV-A Online Access
- Do the IV-A staff allow clients to openly view the terminal?
- What kind of training have the IV-A staff had in:
- Security and Confidentiality
- Disclosure/Non-Disclosure

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## Customer Service

- Automated Voice Response Systems
- What kind of information does your AVR give out?
- What security and confidentiality is built into the AVR?

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## Just Say “No”

- To unauthorized requests for access to FPLS information
- Be polite
- Courteous
- But FIRM in denying access for unauthorized persons or purposes

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## Protection of Child Support Information

- Why is it important to protect child support data?
- Theft
- Misuse
- Unauthorized Access

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##  
Data Security
Screen Savers
Diskettes
Computer Security
Password Software
Password Security			

- Data Security
- Screen Savers
- Diskettes
- Computer Security
- Password Software
- Password Security

- Protection of Child Support Information

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## 
Secure your office
Secure your computer
Secure the information

- Secure your office
- Secure your computer
- Secure the information

- What You Can Do to Improve Computer Security

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## Summary

- Technology
-  Positive and Negative
- Child Support Resources
- Enviable position
- Need to safeguard
- Authorized persons and purposes
- Need to be proactive in security

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