Washington Code 74.20A.360 – Records access — Confidentiality — Nonliability — Penalty for noncompliance
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(1) Notwithstanding any other provision of Washington law, the division of child support, the Washington state support registry, or the agency or firm providing child support enforcement services for another state under Title IV-D of the federal social security act may access records of the following nature, in the possession of any agency or entity listed in this section:
Terms Used In Washington Code 74.20A.360
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Department: means the state department of social and health services. See Washington Code 74.20A.020
- earnings: means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and, notwithstanding any other provision of law making such payments exempt from garnishment, attachment, or other process to satisfy support obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50. See Washington Code 74.20A.090
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Personal property: All property that is not real property.
- State: means any state or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. See Washington Code 74.20A.020
- Subpoena: A command to a witness to appear and give testimony.
(a) Records of state and local agencies, including but not limited to:
(i) The state registrar, including but not limited to records of birth, marriage, and death;
(ii) Tax and revenue records, including, but not limited to, information on residence addresses, employers, and assets;
(iii) Records concerning real and titled personal property;
(iv) Records of occupational, professional, and recreational licenses and records concerning the ownership and control of corporations, partnerships, and other business entities;
(v) Employment security records;
(vi) Records of agencies administering public assistance programs; and
(vii) Records of the department of corrections, and of county and municipal correction or confinement facilities;
(b) Records of public utilities and cable television companies relating to persons who owe or are owed support, or against whom a support obligation is sought, including names and addresses of the individuals, and employers’ names and addresses pursuant to RCW 74.20.225 and RCW 74.20A.120; and
(c) Records held by financial institutions, pursuant to RCW 74.20A.370.
(2) Upon the request of the division of child support, the Washington state support registry, or the agency or firm providing child support enforcement services for another state under Title IV-D of the social security act, any employer shall provide information as to the employment, earnings, benefits, and residential address and phone number of any employee.
(3) Entities in possession of records described in subsection (1)(a) and (c) of this section must provide information and records upon the request of the division of child support, the Washington state support registry, or the agency or firm providing child support enforcement services for another state under Title IV-D of the federal social security act. The division of child support may enter into agreements providing for electronic access to these records.
(4) Public utilities and cable television companies must provide the information in response to a judicial or administrative subpoena issued by the division of child support, the Washington state support registry, or the agency or firm providing child support enforcement services for another state under Title IV-D of the federal social security act.
(5) Entities responding to information requests and subpoenas under this section are not liable for disclosing information pursuant to the request or subpoena.
(6) The division of child support shall maintain all information gathered under this section confidential and shall only disclose this information as provided under RCW 26.23.120.
(7) The division of child support may impose fines for noncompliance with this section using the notice of noncompliance under RCW 74.20A.350.
[ 1997 c 58 § 897.]
NOTES:
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.