beginning in january 2015, child support enforcement (cse...
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Beginning in January 2015, Child Support Enforcement (CSE) will require all individuals with access to IV-D information to participate in an online security and
confidentiality training.
* This training is in addition to the current security and confidentiality procedures which require individuals to sign the Cabinet’s Employee Privacy and Security of
Protected Health, Confidentiality and Sensitive Information Agreement (CHFS-219).
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When Will Training Occur?
• Annually, in January, for all staff with access to IV-D information
• When an office or agency hires a new employee that will have access to IV-D information
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Who Can Access IV-D
Information?
Staff with access to the child support system (full or partial) that includes Federal Tax Information (FTI):
o State Child Support staff performing IV-D activities
o Contracting Official staff performing IV-D activities
o Office of the Attorney General staff performing IV-D activities
o State Child Support agency contract staff performing IV-D activities
o Technical staff responsible for maintaining the Child Support system
o Office of the Ombudsman staff responsible for resolving complaints from IV-D participants
o Federal auditors responsible for conducting the annual federal data reliability audit
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Who Can Access IV-D Information?
Staff with access to the child support system (inquiry-only) that does not include FTI information:
o State Disbursement Unit staff, contracted by CSE, to receive and post child support payments to the automated child support system
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When Can IV-D Information be Accessed?
• To perform IV-D activities
• To determine eligibility for Child Care, SNAP, TANF,
Medicaid, and IV-E/non-IV-E benefits
• To investigate, prosecute or aid in a civil or criminal proceeding in connection with the administration of Child Care, SNAP, TANF, Medicaid, Foster Care or Child Support Enforcement programs by Cabinet for Health and Family Services (CHFS), Office of the Inspector General (OIG)
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What is Confidential Information?
• Any information relating to a specific individual
• An individual who can be identified by reference to one or more factors specific to him or her, including but not limited to the individual’s social security number, residential and mailing addresses, employment information, and financial information
• An individual’s Master Participant Index (MPI) number as this number is used to access and obtain information through the Interactive Voice Response (IVR) system and the Kentucky Child Support Interactive (KCSI) website
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Who is Allowed to Receive Confidential Information?
Parties involved in IV-D and Non-IV-D cases may receive information contained in the child support system and/or file but the worker must redact:
o Social security number
o Date of birth
o Residential and mailing address
o Employment information
o Financial institution data (FIDM) information
o State and federal tax information
o MPI, TANF, Medicaid and SNAP numbers associated with all case participants, including children
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Who is Allowed to Receive Confidential Information?
Authorized Representatives and Private Attorneys may receive information contained in the child support system and/or file but the worker must redact the:
o Social security number o Date of birth o Residential and mailing address o Employment information o Financial institution data (FIDM) information o State and federal tax information o MPI, TANF, Medicaid and SNAP numbers associated with all case participants,
including children
* Prior to releasing any information, the worker must receive the following: o Authorized Representative – A signed and notarized CS-139 (Release of
Information and Records) or a legal document (i.e. a power of attorney.) o Private Attorney – A signed and notarized CS-139 (Release of Information and
Records) or a Court document showing that they represent the party.
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Who is Allowed to Receive Confidential
Information?
Cabinet for Health and Family Services employees responsible for the determination of Child Care, SNAP, TANF, Medicaid and IV-E/Non-IV-E benefits may receive information contained in the child support system and/or file, excluding FTI and FIDM data, as long as the request is for IV-D purposes or is in connection with the administration of one of these programs.
Cabinet for Health and Family Services, Office of the Inspector General (OIG) employees may receive information contained in the child support system and/or file, excluding FTI and FIDM data, as long as the request is for the purposes of investigating, prosecuting or aiding in civil or criminal proceedings in connection with the administration of SNAP, TANF, Medicaid, Foster Care or Child Support programs.
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Who is Allowed to Receive Confidential Information?
Judges may receive information contained in the child support system and/or file, excluding FTI and FIDM data, as long as the request is for IV-D purposes or for prosecuting fraud in connection with the Child Care, SNAP, TANF, Medicaid, Foster Care or Child Support programs.
o If the request is not for the reasons listed above, refer to CSE Policy and Procedures Chapter 05 Location, Section 05.130 State Parent Locator Service (SPLS), Subsection Locate Only Requests to determine if the Court may submit a locate only request to SPLS.
Law Enforcement Officials may receive information contained in the child support system and/or file, excluding FTI and FIDM data, as long as the request is for IV-D purposes or for investigating fraud in connection with Child Care, SNAP, TANF, Medicaid, Foster Care or Child Support programs.
Commonwealth or other Prosecuting Attorneys may receive information contained in the child support system and/or file, excluding FTI and FIDM data, as long as the request is for IV-D purposes or for prosecuting fraud in connection with Child Care, SNAP, TANF, Medicaid, Foster Care or Child Support programs.
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Who is Allowed to Receive Confidential Information?
Probation and Parole Officers may receive information contained in the child support system and/or file, excluding FTI and FIDM data, as long as the request is for IV-D purposes or to aid in criminal proceedings in connection with fraud of Child Care, SNAP, TANF, Medicaid, Foster Care or Child Support programs.
Housing Agencies may receive a copy of the child support order and payment information only if the custodial parent has signed an authorization allowing CSE to release information to the housing agency.
o If the custodial parent has not signed an authorization, CSE is only permitted to release the information to the Custodial Parent.
Legislators may receive information contained in the child support system if they are submitting the inquiry on behalf of a constituent who has sought their assistance. CSE must follow the same rules for redacting information and exclude state and federal tax information and FIDM data.
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What Information Cannot be Disclosed?
CSE employees cannot disclose the following information:
• FTI information to any person or agency
• FIDM information to any person or agency
• Location information for a case participant or child when there is reasonable evidence of domestic violence or child abuse
• Screen prints or information accessed through the child support system that is received from other agencies (ie. wage records, driver’s license, public assistance data, etc.)
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Providing Confidential Information
• Always verify the identity of the person requesting information before providing it!!
• After verifying the identity of the person requesting information, you can provide information using one of the following: – Email
– Fax
– In Person
• Make sure you document in the child support system what information was requested and what you provided.
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How to Make Sure Confidential Information is
Protected Electronic Information
• Never share user/password information with anyone (including coworkers and supervisors).
• Keep user/password information in a secure location at all times. • Lock computer screens when away from the desk and position computer monitors in a
manner that prevents unauthorized persons from viewing the data on the monitor. • Follow the procedures outlined in When and How to Transport Confidential Information
when transporting a child support computer to an off-site location. • Submit requests to terminate system clearances within two (2) working days of an
employee’s termination of employment. – If an employee is terminated for suspected fraud or violation of the security/confidentiality rules,
submit an emergency request to terminate system clearances to CSE Commissioner, Steve Veno, via email and copy Gavin Sewell prior to the close of business on the day the employee is terminated. • Steve Veno – [email protected] • Gavin Sewell – [email protected]
• Report known or suspected incidents of unauthorized access, use and disclosure of information in the manner and timeframe described in What if Confidential Information is Disclosed in Error? 15
Protecting Confidential Information
Hard Copy Information
• Always keep files in a secure location. • Lock documents and case files in a filing cabinet or your desk when not in use or when you
are away from your desk. • Remove documents and files from your desk when you have a visitor. • Print only information necessary for case actions or required to be included in the case file.
– Refer to CSE Policy and Procedures 12.030 Creating and Maintaining the Child Support Case File for information on the required contents of the child support case file.
– Use caution when printing child support reports that contain case/participant information.
• Shred documents containing confidential information before disposing of the documents. • Limit access to keys and/or combinations where confidential information is stored. • Follow the procedures outlined in When and How to Transport Confidential Information
when transporting documents to a location outside the CSE office. • Report known or suspected incidents of unauthorized access, use and disclosure of
information in the manner and timeframe outlined in What if Confidential Information is Disclosed in Error?
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When and How to Transport Confidential Information
• Court – Child support computers and/or the hard copy file or other documents may be transported to the courthouse when the case is on the court docket.
• County Attorney’s Office – If the child support office is not located in
the same office as the county attorney, the child support file may be transported to the county attorney’s office for review in preparation of an upcoming court hearing or appointment or for general review of the case.
• Detectives and Special Investigators – Detectives and special investigators employed by CSE may transport computers and child support documents when attempting location and service on a custodial parent or noncustodial parent.
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* Computers, files, and documents must be in the possession of the child support office staff, county attorney or assistant county attorney, or detective or special investigator at all times.
* When not in use, computers, files and documents must be stored in a locked container and kept in the possession of CSE staff or stored in a locked area that only CSE staff, county attorney or assistant county attorney, or detective or special investigator can access.
When and How to Transport Confidential Information
• By mail or vehicle to another child support office – The child support file may be mailed by certified, restricted mail or transported by vehicle to another local CSE office, the Regional Office or CSE Central Office. – If transporting by vehicle, the individual transporting the file must be a child support
employee and must have possession of the file at all times until the file reaches its new authorized destination.
• Offsite Storage Facility – Closed or archived case files may be transported to an
approved offsite storage facility by child support staff. – The file must remain in the possession of the child support employee until it
reaches the offsite storage facility.
• Training – CSE training staff may transport child support computers to various training sites across the state when providing mobile training to child support staff. – The computer must be in the possession of the training
staff at all times. – When not in use, the computer must be stored in a locked
area that only child support staff can access.
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What if Confidential Information is Disclosed in Error?
• Immediately notify Steve Veno, CSE Commissioner, via telephone or email of any suspected or confirmed incidents of unauthorized access, use or disclosure of information.
• If notification is sent via email, copy Gavin Sewell, CSE Compliance Officer, on the email.
– Steve Veno
Phone: (502) 564-2285 ext. 4819
Email: [email protected]
– Gavin Sewell
Phone: (502) 564-2285 ext. 4840
Email: [email protected]
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What are the Penalties for Unauthorized Access, Use or Disclosure of Confidential Information?
45 CFR 307.13(f) requires CSE Agencies to have penalties in place, including dismissal from employment, for the unauthorized access to, or disclosure or use of confidential information. Upon a report of confirmed or suspected incidents of unauthorized access, use and disclosure of information, CSE will initiate an investigation and may impose penalties, as appropriate.
For a detailed explanation of penalties, see CSE Policy and Procedures 02.090 Security
and Confidentiality Procedures.
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