§ 4105. Access to information; disclosure and confidentiality
(a) The Office of Child Support may subpoena from any person or business any information
needed to establish, modify, or enforce a child support or parental rights and responsibilities
order. The subpoena shall be signed by the Director of the Office of Child Support
or a designee of the Office of Child Support. It shall be attached to an affidavit
that certifies that the person about whom information is sought is the parent of a
child based on either a court order or a statutory presumption, that the Office of
Child Support has been requested to provide financial information under section 4102 of this title, and that the information sought is needed to establish, modify, or enforce a child
support or parental rights and responsibilities order or to determine if such action
is necessary.
(b) The Office of Child Support may request any information needed to establish, modify,
or enforce a child support or parental rights and responsibilities order or to locate
any person alleged to be a parent owing a duty of support from the records of all
governmental officials, departments, and other governmental agencies of this State
without a subpoena. The officials and employees of the departments and other agencies
shall provide all such information requested. Only information directly bearing on
the identity and whereabouts of parents or alleged parents or their assets or income
may be requested, used, or transmitted by the Office of Child Support under this section.
Any information provided by the Department of Taxes shall include information about
assets held by or income attributable to the parent jointly with any other person.
(c) Except as otherwise provided in this chapter, 15 V.S.A. chapter 11, and Title 15B, information furnished the Office of Child Support shall be made available
only to the person requesting services or to the person’s attorney, the person to
whom the information relates, and the Family Division of the Superior Court. Any
other use of the information shall be prohibited. A person who violates this subsection
shall be fined not more than $500.00. Any individual aggrieved by a violation of
this section may bring an action for civil damages, including punitive damages, equitable
relief, including restraint of prohibited acts, restitution of wages or other benefits,
reinstatement, costs, reasonable attorney’s fees, and other appropriate relief.
(d) Any person objecting to a subpoena may request an administrative review of its issuance
by the Office of Child Support or may request that the subpoena be modified or vacated
pursuant to 3 V.S.A. § 809b. A request for review under this subsection shall be brought in the Family Division
of the Superior Court. Failure to comply with a subpoena may result in enforcement
pursuant to 3 V.S.A. § 809a.
(e) A public utility company as defined in 30 V.S.A. § 201(1), or a cable television company as defined in 30 V.S.A. § 501, when requested by the Office of Child Support, shall provide the address as it appears
in its customer records of a parent or person named in the request. (Added 1989, No. 221 (Adj. Sess.), § 13; amended 1997, No. 63, § 24, eff. Sept. 1, 1997; 1997, No. 156 (Adj. Sess.), § 26, eff. April 29, 1998; 2009, No. 154 (Adj. Sess.), § 238; 2013, No. 131 (Adj. Sess.), § 67.)