CS 022P Disclosure of Private Address Information
12/05/03 Revised 09/07/23 Training Completed
09/21/23 Last Reviewed 12/30/24
U.C.A. 63G-2-101 et seq.; 77-38-601 et seq.; R495-810; R527-5
Statutory
Authority
The release of private information is governed
by Utah Administrative Rule R527-5-6, which provides:
“(1) A
record is private if it meets the requirements provided in Section 63G-2-302,
including:
(a) the address, date of
birth, and Social Security number (SSN) of ORS case participants; and
(b) information about state
employees, former employees and applicants, unless designated public pursuant
to Subsection 63G-2-301(2)(b) or (3)(o).
(2) A private record may be
disclosed when:
(a) disclosure is required
by other statutes;
(b) disclosure is for a
purpose directly connected with any investigation, prosecution, or criminal or
civil proceeding conducted in connection with Utah's child support enforcement
plan and other programs administered by ORS;
(c) a parent who has
physical custody of the child, a parent without physical custody of the child,
a relative to whom physical custody of the child has been voluntarily given, or
a parent's attorney:
(i)
demonstrates that the other party's address is required to serve legal
process as the result of a judicial action to establish or modify an order or
judgment for child support, spousal support, medical support, or child care, so
long as the person whose address is being sought has not requested that case
information be safeguarded; or
(ii) requests the other
party's address related to parent-time pursuant to Section [26B-9-207];. . . .”
Address information about the noncustodial
parent (NCP) and the custodial parent (CP) has been classified as “private”
under the Government Records Access Management Act (GRAMA). This information
may be released only when the conditions described in R527-5-6(2) apply.
If you receive a request for the address of the
NCP or the CP from the other party or their attorney for the reasons listed
above and the case information has not been safeguarded, send an e-mail to orsrecords@utah.gov
within one working day to notify ORS Records that the request has been
received. Include the requester’s name and case number(s) in the e-mail. Follow
the instructions provided by ORS Records on how to respond to the request. Refer to CS 075P Safeguarding Case
Information for more information.
NOTE: If a participant is enrolled in the Safe
at Home Program and has an active assigned address in ORSIS, the assigned
address will be used for process service when appropriate, for example, when
serving a Notice of Agency Action (NAA). ORS
will not use a Safe at Home Program participant’s actual address for process
service.
Pursuant to Utah Code Annotated (U.C.A.)
77-38-614:
“(1) In
accordance with the Utah Rules of Civil Procedure, Rule 4, the commission is
the agent authorized to receive process for a program participant.
(2) In accordance with the Utah
Rules of Civil Procedure, Rule 5, the last known address for a program participant
is the program participant's assigned address, not the program participant's
actual address.”
A Safe at Home Program participant’s actual
address becomes restricted information pursuant to U.C.A. 63G-2-201:
“(3) The following records are not public:
. . .(b) a record to which access is restricted
pursuant to court rule, another state statute, federal statute,
or federal regulation, including records for which access is governed or
restricted as a condition of participation in a state or federal program or for
receiving state or federal funds.” (Emphasis added.)
Additionally,
U.C.A. 77-38-611 states:
“(11)(a) Notwithstanding Title 63G, Chapter 2,
Government Records Access and Management Act, a record containing a program
participant's address is confidential and, regardless of the record's
classification under Title 63G, Chapter 2, Part 3, Classification, may not be
disclosed by a state or local government entity, unless otherwise provided
under this part.”
And
finally, R527-5-9. Restricted Records Exempt from Release Under
GRAMA:
“A record is restricted from release by ORS if
it meets the requirements of Subsection 63G-2-201(3)(b).”
If a
participant is enrolled in the Safe at Home Program, ORS must not release
anything other than the participant’s assigned address. Refer to CS 078P Safe at Home Program for more
information.
NOTE: If a party requests address information
relating to a parent-time order, refer to CS 076P Release of Case Information
Based on Parent-time Order.