Section 15.125.860. Nondisclosure of identifying information based on evidence of domestic violence.

	(a)  Upon receipt by the agency of an application for services or a request for disclosure of information regarding a child support case, or if during the agency's enforcement of a support obligation the agency has reason to believe that evidence of domestic violence exists, the agency will send a notice to a parent of the right to request that identifying information not be disclosed to the other parent based on evidence of domestic violence.  
	(b)  A parent may request that identifying information not be disclosed to the other parent based on evidence of domestic violence. The request must be in writing and must be accompanied by evidence of domestic violence. Evidence of domestic violence includes evidence that the other parent was arrested and charged with domestic violence, or convicted of domestic violence, statements from persons who have witnessed acts or threats of domestic violence by the other parent, or a parent's sworn testimony or affidavit setting out facts establishing acts or threats of domestic violence by the other parent, even if the other parent was not arrested, charged, or convicted as a result of those acts or threats.  
	(c)  The agency will issue an administrative review decision as soon as practicable after receiving a request under (b) of this section. The agency will grant the request if the agency determines that the health, safety, or liberty of a parent or a child is put unreasonably at risk by disclosure of identifying information about the parent or child. If the agency grants the request under (b) of this section, the agency will order that identifying information about the parent or child not be disclosed to any other person or in any pleading or other document filed in a proceeding under AS 25.25  or AS 25.27.  
	(d)  Except as provided in (e) of this section, the administrative review decision granting or denying the request for nondisclosure will be served only on the requesting party. Upon receipt of the administrative review decision, the requesting party may request a formal hearing to contest the administrative review decision. The provisions of 15 AAC 05.010 and 15 AAC 05.025 - 15 AAC 05.040 regarding formal hearings apply to appeals under this subsection.  
	(e)  If a party requests disclosure of identifying information after the issuance of an nondisclosure order under (c) of this section, the agency will promptly send a copy of the nondisclosure order by first class mail or by electronic means to the party requesting disclosure. Upon receipt of the nondisclosure order, a party may request a formal hearing to contest the nondisclosure order. The request for a formal hearing must be made in writing within 30 days after the nondisclosure order is sent to the contesting party. The provisions of 15 AAC 05.010 and 15 AAC 05.025 - 15 AAC 05.040 regarding formal hearings apply to appeals under this section.  

Authorities

25.27.020;25.27.100;44.62.125

Notes

Reference

15 AAC 05.025

Authority

AS 25.27.020 AS 25.27.100 Editor's note: As of Register 173 (April 2005), the regulations attorney made technical revisions under AS 44.62.125(b)(6), to 15 AAC 125.860(e).

History

Eff. 6/15/2001, Register 158

References

15.125.860