Page 7

INTERPRETIVE MEMO [X] All Programs Rule Interpretation [ ] All Programs Procedure Interpretation This interpretive memo remains effective statewide until it is specifically supersededed–either by a subsequent interpretive memo or by a contradictory rule with a later date. Reference 2000 Date of this Memo 07/01/2009 Page 1 of 1 This Memo: [X] is New [ ] Replaces one dated EMPTY EMPTY Disclosing Information to a Noncustodial Parent When a noncustodial parent requests information about his or her child’s ESD benefits: A. Inform the noncustodial parent that: a. we cannot confirm receipt of benefits because of confidentiality rules; b. s/he must submit a written request and include the information sought (e.g., Reach Up benefits received during the past 12 months, etc.); c. s/he must submit the latest court order regarding the divorce or separation so we can determine if the court has restricted access to information. If there is no court order, the parent should indicate that in the request letter; and d. inform the parent that we will respond to his/her request within 10 work days of receiving the written request and court order. B. Inform the custodial parent about the noncustodial parent’s request for information. This gives the custodial parent the opportunity to ensure that we have the most recent court order, and to tell us if there are factors that need consideration before we provide the information (e.g., threats of violence, etc.) C. Send the date-stamped written request and the court order to the AAG for review. Indicate whether the custodial parent expressed opposition to releasing the information or is pursuing a new court order. The supporting legislation: NOTE: Title 15§670. Access to records Access to records and information pertaining to a minor child, including but not limited to medical, dental, law enforcement and school records shall not be denied to a parent solely because that parent has not been awarded parental rights and responsibilities. The court may order that access to all or a portion of the records or information shall be denied if access is not in the best interest of the child or if access may cause detriment to the other parent including but not limited to abuse. (Added 1985, No. 181 (Adj. Sess.), § 8.)