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SOUTH CAROLINA
FIRST THINGS FIRST Campaign. Child Support Enforcement
A Division of the South Carolina Department of Social Services

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FIRST THINGS FIRST
 

The following statutes from the South Carolina Code of Laws are relevant to the establishment and operation of the Financial Institution Data Match Program in the Child Support Enforcement Division of the Department of Social Services:

43-5-595
43-5-596
43-5-597


CODE OF LAWS OF SOUTH CAROLINA 1976 ANNOTATED
TITLE 43. SOCIAL SERVICES
CHAPTER 5. PUBLIC AID, ASSISTANCE AND RELIEF GENERALLY
ARTICLE 5. SOUTH CAROLINA EMPLOYABLES PROGRAM ACT


COPYRIGHT 1997 BY THE STATE OF SOUTH CAROLINA

Current through End of 1997 Reg. Session.

43-5-595. Locating individuals for purposes of establishing paternity or establishing, modifying, or enforcing child support obligations; information required from governmental agencies and utility companies.

  1. Pursuant to Section 43-5-590(d), the department shall attempt to locate individuals for the purposes of establishing paternity or establishing, modifying, or enforcing a child support obligation. Notwithstanding any other provision of law making this information confidential, the following entities in the State shall provide promptly to the department, its designee, or a federally-approved child support agency of another state, the following information, upon request by the department or other agency for the purpose of establishing paternity or establishing, modifying, or enforcing a support obligation:

    1. All entities in the State including, but not limited to, for-profit, nonprofit and governmental employers, and labor organizations shall provide the full name, social security number, date of birth, home address, wages or salary, existing or available medical, hospital, and dental insurance coverage, and number of dependents listed for tax purposes on all employees, contractors, and members of labor organizations.

    2. All utility companies, including wire and nonwire telecommunication companies, cable television companies, and financial institutions shall provide the full name, social security number, date of birth, home address, telephone number, account numbers, and other identifying data, including information on assets and liabilities, on all persons who maintain an account with that entity. For purposes of this item, a financial institution is defined as a federal, state, commercial, or savings bank, savings and loan association, cooperative bank, federal, or state chartered credit union, benefit association, insurance company, safe deposit company, money market mutual fund, or investment company doing business in this State.

    3. A state or local agency of this State shall provide access to information contained in these records:

      1. vital statistics;
      2. state and local tax and revenue records;
      3. records concerning real and titled property;
      4. records of occupational and professional licenses;
      5. records concerning the ownership and control of corporations, partnerships, and other business entities;
      6. employment security records;
      7. records of motor vehicle departments; and
      8. corrections records.

    A state or local agency, board, or commission which provides this information to the department may not charge the department a fee for providing the information; however, a commission that receives federal grants, the use of which are restricted, may charge a fee for providing the information.

  2. An entity that provides information pursuant to this section in good faith reliance upon certification by the department that the information is needed to establish paternity or to establish, modify, or enforce a support obligation is not liable for damages resulting from the disclosure.

  3. An entity that fails to provide the requested information within thirty days of the request may be subject to a civil penalty of $100.00 for each occurrence. Fines imposed pursuant to this subsection must be enforced as provided for in Section 20-7-420(43) and distributed according to Section 20-7-856.
History: Added by 1997 Act No. 71, 41, effective June 10, 1997.

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CODE OF LAWS OF SOUTH CAROLINA 1976 ANNOTATED
TITLE 43. SOCIAL SERVICES
CHAPTER 5. PUBLIC AID, ASSISTANCE AND RELIEF GENERALLY
ARTICLE 5. SOUTH CAROLINA EMPLOYABLES PROGRAM ACT


COPYRIGHT 1997 BY THE STATE OF SOUTH CAROLINA

Current through End of 1997 Reg. Session.

43-5-596. Information required from financial institutions for use in establishment, enforcement, and collection of child support obligations.

  1. In the manner and form prescribed by the Child Support Enforcement Division, a financial institution, as defined in Section 43-5-595(A)(2), on a quarterly basis, shall provide the division or its designee information on account holders for use in the establishment, enforcement, and collection of child support obligations including, but not limited to:

    1. full name;
    2. social security number or taxpayer identification number;
    3. record address;
    4. account number(s); and
    5. information on assets and liabilities.

  2. Utilizing automated data exchanges to the maximum extent feasible, a financial institution shall provide for each calendar quarter the name, address, social security number, and other identifying information for each noncustodial parent who maintains an account at the institution and who owes past-due support, as identified by the division by name and social security number.

  3. In response to a notice of lien or levy, a financial institution shall encumber or surrender, as the case may be, assets held by the institution on behalf of a noncustodial parent who is subject to a child support lien.

  4. The department shall pay a reasonable fee to a financial institution for conducting the data match, not to exceed the actual costs incurred by the financial institution.

  5. This section remains in effect until the federal mandate requiring the operation of a financial institution data match is repealed.
History: Added by 1997 Act No. 71, 41, effective June 10, 1997.

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CODE OF LAWS OF SOUTH CAROLINA 1976 ANNOTATED
TITLE 43. SOCIAL SERVICES
CHAPTER 5. PUBLIC AID, ASSISTANCE AND RELIEF GENERALLY
ARTICLE 5. SOUTH CAROLINA EMPLOYABLES PROGRAM ACT


COPYRIGHT 1997 BY THE STATE OF SOUTH CAROLINA

Current through End of 1997 Reg. Session.

43-5-597. Financial institutions immune from liability for disclosure of information to Department of Social Services; Department's liability for knowing or negligent disclosure of information.

  1. Notwithstanding any other provision of federal or state law, a financial institution, as defined in Section 43-5-595(A)(2), is not liable to a person for disclosure of information to the Department of Social Services, its designee, or the department's or designee's employees under Section 43-5-596 for encumbering or surrendering any deposits, credits, or other personal property in response to a notice of lien or levy by the department, or its designee, or for any other action taken in good faith to comply with the requirements of Sections 43-5-595 and 43-5-596.

  2. Upon obtaining a financial record of an individual from a financial institution pursuant to Sections 43-5-595 and 43-5-596, the department, its designee, or the department's or designee's employees may disclose the financial record only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of the individual.

  3. If the department, its designee, or the department's or designee's employees knowingly or by reason of negligence disclose a financial record of an individual in violation of subsection (B), the individual whose records were disclosed may bring a civil action for damages against the department, its designee, or the department's or designee's employees in a district court of the United States.

  4. No liability arises under subsection (C) with respect to any disclosure which results from a good faith but erroneous interpretation of subsection (B).

  5. In an action brought under subsection (C), upon a finding of liability on the part of the defendant, the defendant is liable to the plaintiff in an amount equal to the sum of:

    1. the greater of:

      1. one thousand dollars for each act of unauthorized disclosure of a financial record with respect to which the defendant is found liable; or

      2. the sum of:

        1. the actual damages sustained by the plaintiff as a result of the unauthorized disclosure; and
        2. in the case of a willful disclosure or a disclosure which is the result of gross negligence, punitive damages; and

    2. the costs, including attorney fees, of the action.
History: Added by 1997 Act No. 71, 41, effective June 10, 1997.

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