CS 022P Disclosure of Private Address Information
12/05/03 Revised 07/06/26 Training Completed 07/20/26
Last Reviewed 08/04/26
Utah Code
63G-2; 75E-11-310; 75E-11-313;
R527-5; ORS 402
Statutory
Authority
The release of private information is governed
by Utah Administrative Code 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 1: If you receive a request for the other
party’s address related to parent-time, do not forward the request to ORS
records. For more information about these types of requests, refer to CS 076P
Release of Case Information Based on Parent-time Order.
NOTE 2: 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 75E-11-313:
“(1) In
accordance with the Utah Rules of Civil Procedure, Rule 4, the department 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 Utah Code 63G-2-201:
“(3) The following records are not public:
. . .(b) a record to which access is restricted in
accordance with 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,
Utah Code 75E-11-310 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 chapter.
(b) A program participant's actual
address may not be disclosed to a third party by a state or local government
entity, except:
(i) in a
record created more than 90 days before the date on which the program
participant applied for enrollment in the program; or
(ii) if a program participant voluntarily
requests, in writing, that the program participant's actual address be
disclosed to the third party.
(c) For a record created within 90
days before the date that a program participant applied for enrollment in the
program, a state or local government entity shall redact the actual address
from the record or change the actual address to the assigned address in the
public record if the program participant presents a valid authorization card or
a notification form and requests that the state or local government entity use
the assigned address instead of the actual address on the record.”
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.