UNIFORM
INTERSTATE FAMILY SUPPORT ACT (UIFSA)
CS 152P Nondisclosure Order
10/96
Revised 09/02/25 Training Completed 09/16/25 Last Reviewed 03/09/26
Statutory
Authority
Pursuant to
Utah Code 81-8-312:
“(1)
If a party alleges in an affidavit or a pleading
under oath that the health, safety, or liberty of a party or child would be
jeopardized by disclosure of specific identifying information, that information
must be sealed and may not be disclosed to the other party or the public.
(2) After a hearing in which a tribunal takes into
consideration the health, safety, or liberty of the party or child, the
tribunal may order disclosure of information that the tribunal determines to be
in the interest of justice.”
A nondisclosure order prohibits the
release of address and identifying information when there is a need to
safeguard the information in cases where risk of domestic violence or child
abduction exists. Issue an Order of Nondisclosure, UIFSA when you receive a:
1. Request for a nondisclosure order. The request can be from either the custodial parent (CP) or the noncustodial parent (NCP). If the request is received over the telephone or in person, give or send that person the Notice about Data Privacy and Interstate Child Support Cases to complete; and/or,
2. Request for safeguarding and you will be making a referral to another state to work the case; AND,
3. A copy of a:
a. Protective order;
b. Current court order prohibiting disclosure;
c. Criminal order;
d. Documentation of a pending proceeding for any of the above; or,
e. Police and/or hospital reports which document domestic violence or child abuse.
Once a nondisclosure
order has been issued, safeguard the case and do not include that individual’s home address, home phone number,
work address, or work phone number in any intergovernmental documents or court
orders. A nondisclosure order also prohibits the release of identifying
information by the Federal Case Registry (FCR).
If a
nondisclosure order is issued, safeguard the case information on ORSIS.
Procedures – Agent Responsibilities
If you
receive a request for a nondisclosure order, or you determine that one is
needed prior to sending a referral to another state on a case that has
previously been safeguarded, you must take the steps listed below:
1.
Identify
the case(s) for review – Review ORSIS and identify the case or applicable
cases to be included in this review;
2. Review the request – Review the request form and confirm that the party has requested that his/her address information be protected;
3. Compile the evidence – Gather the necessary evidence, information, and documentation; e.g., a copy of a protective order, current court order prohibiting disclosure, criminal order, or documentation of a pending court proceeding; and,
4. Present the case – Present the case along with the request, evidence, and all supporting documentation to the appropriate Presiding Officer (the regional Quality Assurance Specialist (QA)).
Procedures – Presiding Officer Responsibilities
The
Presiding Officer (regional Quality Assurance Specialist) will:
1.
Review
the request and confirm that:
a.
It is a claim for a nondisclosure order; and,
b.
The documentation supports the claim made in the
non-disclosure request.
2.
Review
the Evidence – Review all of the evidence
presented to you by the agent (see #3 in subsection Procedures – Agent
Responsibilities above) and determine if a nondisclosure order is appropriate. Make
sure the documentation includes one of the following:
a.
A protective order or current court order
prohibiting disclosure;
b.
A current court order limiting or prohibiting the requested person’s contact with the
party whose location is being sought;
c.
A criminal order;
d.
Police and/or hospital reports which document
domestic violence or child abuse; or,
e.
Documentation of a pending proceeding for any of
the above.
3.
Issue a Finding:
a.
If the
necessary documentation has been provided, issue an “Order for Nondisclosure.”
i.
Sign and
date the order.
ii.
Send a copy
of the order to the requesting party by first-class
mail. Include the Administrative Order Cover Letter. Send a copy to the
requesting party’s attorney, if applicable.
b.
If the
necessary documentation has not been provided or does not support the claim:
i.
Send the
Nondisclosure Decision letter to the requesting party; and,
ii.
Monitor the
case for new information.
NOTE: If you send an intergovernmental transmittal to the other
state, make sure you include the non-disclosure order with the attachments.
4.
Add narratives – Make a case level narrative
documenting the above actions and the results.
Cases Referred to the Attorney General’s Office
If/when a
referral is made to the Attorney General’s Office (AGO) for judicial action,
notify the AGO of the nondisclosure order by checking the appropriate SAFEGUARD
box on the AGO Case Referral form. Let the AGO know that a copy of the
nondisclosure order can be found in Content Manager for the case. The AGO is
then responsible for taking the steps necessary to ensure that the requesting
party’s address and identifying information is safeguarded and not listed in
any legal pleadings.
Nondisclosure
Finding/Affidavit – Intergovernmental Case
On an intergovernmental case, when a nondisclosure finding exists
that prohibits the disclosure of a party’s (a parent or child[ren])
address/identifying information or an affidavit alleging that disclosure of
such information would result in risk of harm exists, make the following
adjustments to the appropriate UIFSA forms.
1.
In the Heading/Caption section of the form,
check the “Nondisclosure Finding/Affidavit attached” box;
2.
In the “Other Pertinent Information” section
of the appropriate forms, include a narrative to let the other agency know that
the party’s case information has been safeguarded; and,
3.
Attach a copy of the finding/affidavit
prohibiting disclosure in accordance with Utah Code 81-8-312.
4.
While completing the “Child Support Agency Confidential Information” form, provide the
participant’s actual address information unless the protected party has
requested that ORS not use his/her address information. When completing the
QIPI form, provide the Office of Recovery Services address as a substitute for
the protected party; and,
5.
Include a copy of the nondisclosure order with
the referral.
NOTE: Before sending the intergovernmental transmittal to the
responding state, make a copy of the portions of the packet. Attach a copy of
the ORS Imaging Header Sheet with a black clip, and
send it to CIU to be imaged. If a document (e.g., Utah order) is part of the
intergovernmental packet, check Content Manager to determine whether the
document has already been imaged or if the document needs to be sent to ciu to be imaged. If a document has
already been imaged, it does not need to be resent to CIU.