45-10-118 - Disclosure relative to child support enforcement. - Tennessee Statutes

45-10-118. Disclosure relative to child support enforcement.

(a)  Notwithstanding any other provisions of any law or regulation to the contrary, a financial institution shall disclose upon request to any Title IV-D child support agency of this state or any other state or territory or the federal government, their contractors or duly authorized agents, that are seeking to establish, modify, or enforce any child support obligation, any financial information, including, but not limited to, assets and liabilities, relative to any person who is the subject of any judicial or administrative action or process that establishes, modifies or enforces child support obligations.

(b)  Access to records upon request of the entities shall include automated access to data bases containing financial information wherever agreements pursuant to § 45-19-101 have been entered between the department of human services and any financial institution.

(c)  Notwithstanding the provisions of any other law or regulation to the contrary, any financial institution or any financial institution's contractor that may process any records pursuant to this section that discloses pursuant to this section any financial record to any Title IV-D child support agency of this state or any other state or territory or the federal government, their contractors or duly authorized agents that are attempting to establish, modify or enforce a child support obligation shall not be liable under any law or regulation of this state to any person for the disclosure, and shall be absolutely immune from any civil or criminal liability for the disclosure in response to the requirements of this section.

(d)  A child support enforcement agency that obtains a financial record from a financial institution pursuant to this section or any other provision of law may disclose the information only as permitted pursuant to § 71-1-131.

(e)  For purposes of this section, “financial institution” means:

     (1)  A depository institution, as defined in §  3(c) of the Federal Deposit Insurance Act (12 U.S.C. § 1813(c);

     (2)  An institution-affiliated party, as defined in § 3(u) of the Federal Deposit Insurance Act (12 U.S.C. § 1813(u);

     (3)  Any federal credit union or state credit union, as defined in § 101 of the Federal Credit Union Act (12 U.S.C. § 1752), including an institution-affiliated party of the credit union, as defined in § 206 of the Federal Credit Union Act (12 U.S.C. § 1786); and

     (4)  Any benefit association, insurance company, safe deposit company, money market mutual fund, securities broker/dealer, or similar entity authorized to conduct business in this state;

(f)  For the purposes of this section, “financial record” has the meaning given the term by § 1101 of the Right to Financial Privacy Act of 1978 (12 U.S.C. § 3401).

(g)  For the production of financial information or financial records, other than those specifically provided in the data match provisions of ch. 19, part 1 of this title by contract with the financial institution, the department shall pay a reasonable fee not to exceed the actual cost to the financial institution for researching or producing financial records. A reasonable fee shall be deemed to be the lesser of the financial institution's ordinary and customary fees for producing customer records or the fees established by the federal reserve board for the production of records.

[Acts 1997, ch. 551, § 13.]