TN 2 (05-94)

A. POLICY

The policy for parental rights to access of a child's record is explained below.

Policy does not currently exist for formal CD certifications; however, procedures are being developed. In the interim, documents on CDs requiring formal certification should be printed and certified using the paper process provided in this instruction.

1. Request on Minor's Behalf

• A natural or adoptive parent or the legal guardian of a minor child may have access to that child's records, except medical records (see GN 03340.035.E and F), if he/she is acting on behalf of the child (i.e., in the child's best interest) in making the request.

• A stepparent may not access a stepchild's record unless he/she is the child's legal guardian.

2. Request on Parent's Behalf

Access to a child's records will be denied if it appears that the parent or legal guardian is acting on his or her own behalf rather than the child's. The following are examples of situations in which access requests should be denied.

EXAMPLE # 1:

A parent or guardian asks for an earnings record in order to locate a runaway child.

EXAMPLE # 2:

A parent wants to know the amount the child receives on another NH's account in order to prove that the parent should not have to pay as much support.

CAUTION: That a parent is neither living with nor has custody of a child may be an indication that the parent is not acting on behalf of the child, absent evidence to the contrary.

B. PROCEDURE

Before allowing access to a child's records:

• Obtain evidence from the parent or legal guardian to establish his or her relationship to the child if SSA has not already established the relationship.

• Determine whether the request is made on behalf of the minor or of the parent (see A.1 and 2 above). Provide access to records if request is made on behalf of the child.

• Consider denied access requests as FOIA requests to determine if disclosure may be possible or required because of the FOIA (although normally this is unlikely). Follow the instructions in GN 03350.005 and forward the request to:

  • Office of Public Disclosure
    3-A-6 Operations Building
    6401 Security Boulevard
    Baltimore, Maryland 21235-6401