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Special section Child identity theft

A look at what some states are doing to fight against child identity theft.

State laws dealing with child identity theft

Chapter 90: Protects the confidentiality of certain personal identifying information of parents and children involved in paternity cases by removing the requirement that the court include such information in its orders that are available to the public. However, the court must continue to obtain and provide certain personal identifying information to the Welfare Division and must ensure that the Social Security numbers of parents and children that are placed in the court's records are kept confidential unless otherwise required by statute.

Chapter 500: Requires that the record of any divorce suit not contain the Social Security number of any party or of any minor child, or any financial information. If such information must be provided to a government agency or recorded for the benefit of the parties, it shall be contained in a separate addendum. The addendum can be used to distribute the information as required by law but shall otherwise be made available only to the parties, their attorneys and to such other persons as the court in its discretion may allow.

Chapter 450: Authorizes the attorney general, with the concurrence of the attorney for the Commonwealth, to assist in the prosecution of the crimes of identity theft (§18.2-186.3) and the use of a person's identity with the intent to intimidate, coerce, or harass (§18.2-186.4). Allows for a conviction under the identity theft statutes when the defendant uses a false or fictitious name. Requires DMV, upon notification from the attorney general that an Identity Theft Passport has been issued to a driver, to note the same on the driver's abstract. Directs child day programs that reproduce or retain documents of a child's proof of identity that are required upon the child's enrollment into the program to destroy them upon the conclusion of the requisite period of retention. The procedures for the disposal, physical destruction or other disposition of the proof of identity containing Social Security numbers shall include all reasonable steps to destroy such documents by (i) shredding, (ii) erasing, or (iii) otherwise modifying the Social Security numbers in those records to make them unreadable or indecipherable by any means.

Chapter 988: Provides that beginning Jan. 1, 2004, no court clerk shall post on a court-controlled Web site any document that contains the following information: (i) an actual signature; (ii) a Social Security number; (iii) a date of birth identified with a particular person; (iv) the maiden name of a person's parent so as to be identified with a particular person; (v) any financial account number or numbers; or (vi) the name and age of any minor child. Provides an exception for court clerks providing remote access to their records if the network or system that is used to provide the access has been certified by the Department of Technology Planning. Requires the Department to establish security standards that must be followed by court clerks providing remote access to records in consultation with circuit court clerks, the Supreme Court, the Compensation Board, users of land and other court records, and other interested citizens. The bill has a July 1, 2005, sunset provision.

Chapter 155: Makes financial information provided by parties for child support confidential, removes parties' Social Security numbers from divorce decrees.

Source: National Conference of State Legislatures

Create a news alert for "identity theft"
-- Posted: Jan. 3, 2007
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