§236.1.4. Family and child support programs; financial institution duties; responsibilities

A. A financial institution shall provide the name, record address, social security number or other taxpayer identification number, other identifying information and an average daily account balance for the most recent thirty-day period for each calendar quarter for each noncustodial parent who maintains an account at such institution and who owes past due support. A financial institution may provide the information described in this Subsection pertaining to any co-owner listed on the applicable account.

B.(1) For the purposes of this Subsection, the following definitions shall apply:

(a) "Financial institution" shall have the meaning ascribed in R.S. 46:236.1.1.

(b) "Title IV-D agency" shall mean an agency that administers child support programs pursuant to Title IV-D of the Social Security Act of 1975.

(2) In response to a notice of lien or levy, a financial institution shall encumber or surrender assets held by such institution on behalf of the noncustodial parent who is subject to a child support lien pursuant to 42 U.S.C. 666(a)(4). The state shall recognize the authority of Title IV-D agencies in other states to enforce all child support matters if the provisions of this Subsection are met.

(3) Any Title IV-D agency may enforce a lien in this state by attaching and seizing of assets of the delinquent obligor held in a financial institution operating in Louisiana without the necessity of obtaining an order from any other judicial or administrative tribunal if the financial institution is presented with a properly documented request. To be properly documented and valid, such request shall contain all of the following:

(a) A certified copy of the judgment or administrative order issued by the appropriate legal authority establishing the lien.

(b) A letter or notice of lien or levy which includes all of the following information:

(i) The name of the Title IV-D agency responsible for making the request for attachment and seizure of assets.

(ii) The name of the Title IV-D agency representative responsible for making the request for attachment and seizure of assets.

(iii) The name of the financial institution to whom the request for attachment and seizure is directed.

(iv) The name and social security number of the obligor against whom the lien is sought to be enforced.

(v) The name and address of the Title IV-D agency to whom the financial institution is to remit the seized assets or deposits.

(vi) A statement confirming that a copy of the request for attachment and seizure of assets or deposits was sent to the obligor by certified mail with return receipt requested.

(4) To transmit a request prepared in accordance with the provisions of this Subsection, a Title IV-D agency shall send the request by certified mail with return receipt requested to all of the following:

(a) A financial institution through its registered agent as defined in R.S. 6:285(C).

(b) The obligor against whom the lien is sought to be enforced.

(5) If, after fifteen days from the date that a financial institution receives a request which conforms with the provisions of this Subpart, the person against whom the lien is sought has not provided written notice stating that he has taken legal action to enjoin or otherwise restrain compliance with the request, then the financial institution may remit funds or other assets to the Title IV-D agency making the request.

(6) No financial institution, including its directors, officers, employees, attorneys, accountants, or other agents, shall incur liability to any person, including any depositor or other customer, as a result of remitting deposits or other assets to a Title IV-D agency in compliance with a request that conforms to the provisions of this Subsection.

C. The Department of Children and Family Services may pay a reasonable reimbursement fee to a financial institution for conducting the data match, not to exceed the actual costs incurred by such financial institution. The reimbursement fee may be paid quarterly or annually at the end of the state fiscal year upon request of any financial institution.

D. A financial institution, including any of its directors, officers, employees, attorneys, accountants, or other agents, shall not be civilly or criminally liable to any person, including any customer, for any disclosure of information made in accordance with this Subpart, including any disclosure of account balances provided in cooperation with this Subpart since July 1, 1997, or for encumbering or surrendering assets in response to a notice of lien or levy made in compliance with or authorized by the provisions of this Subpart. However, if the financial institution actually receives written notice that the customer has taken legal action to enjoin or otherwise restrain the encumbering or surrendering of assets and the financial institution receives such written notice sufficiently in advance of the encumbrance or surrender so as to allow the financial institution a reasonable time to act on said notice, then the financial institution shall postpone the encumbrance or surrender until such time as it is provided with satisfactory evidence that the encumbrance or surrender by it is permitted.

E. The office of children and family services, child support enforcement section, which obtains data match information on an individual from a financial institution pursuant to this Subpart may disclose such data match information only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of such individual.

F. If any state employee or any person working under a contract with the state knowingly, or by reason of negligence, discloses data match information of an individual in violation of any provision of this Subpart, such individual may bring a civil action for damages against such person in any district court of this state.

G. No liability shall arise under this Subpart with respect to any disclosure which results from a good faith, but erroneous, interpretation of this Subpart except in cases of gross negligence; however, nothing in this Subsection shall be interpreted contrary to federal law.

H. In any action brought under this Subpart, upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the sum of the greater of one thousand dollars for each act of unauthorized disclosure of data match information with respect to which such defendant is found liable; or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized disclosure. In the case of a willful disclosure or a disclosure which is the result of gross negligence, the defendant shall be liable for punitive damages and all costs and attorney fees.

I. The violation of the provisions of this Subpart shall be unlawful and any person convicted of violating the provisions of this Subpart shall be guilty of a misdemeanor and shall pay a fine of not more than five hundred dollars or be sentenced to not more than six months in prison, or both.

Acts 2003, No. 639, §2, eff. June 27, 2003; Acts 2003, No. 1068, §2, eff. July 2, 2003; Acts 2010, No. 272, §1; Acts 2010, No. 272, §1; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2012, No. 255, §7; Acts 2015, No. 215, §2.