CS 076P Release of Case Information Based on Parent-time Order
10/98
Revised 07/01/25 Training Completed 07/15/25 Last Reviewed 02/02/26
42 U.S. Code 654(26); Utah
Code 26B-9-201; 26B-9-206;
26B-9-207;
63G-2-201;
77-38-611;
614;
78B-7-605; R527-005; R527-200
Statutory Authority
The Office of Recovery Services/Child Support Services (ORS/CSS)
is required to release location information in its files on a parent and/or
child(ren) to the other parent or his/her legal counsel in accordance with the
following statutory procedures.
Utah Code 26B-9-201 states:
“(1) ‘Adjudicative proceeding’ means an action
or proceeding of the office conducted in accordance with Title 63G, Chapter 4,
Administrative Procedures Act.”
Utah Code 26B-9-206 states:
“(1) Through an adjudicative proceeding the office may issue or modify an
administrative order that: . . .
(i) determines an issue that may be specifically contested
under this chapter by a party who timely files a written request for an
adjudicative proceeding with the office . . . .” (Emphasis added.)
Utah Code 26B-9-207 states:
“(3) Service of all notices and orders under
this part shall be made in accordance with Title 63G, Chapter 4, Administrative
Procedures Act, the Utah Rules of Civil Procedure, or this section. . . .
(i) the party seeking
the information produces a copy of the parent-time order signed by the court;
(ii) the information has not been safeguarded
in accordance with Section 454 of the Social Security Act;
(iii) the party whose location is being sought
has been afforded notice in accordance with this section of the opportunity to
contest release of the information;
(iv) the party whose location is being sought
has not provided the office with a copy of a protective order, a current court
order prohibiting disclosure, a current court order limiting or prohibiting the
requesting person's contact with the party or child whose location is being
sought, a criminal order, an administrative order pursuant to Section 80-2-707,
or documentation of a pending proceeding for any of the above; and
(v) there is no other state or federal law that
would prohibit disclosure.
(b) ‘Location information’ shall consist of the
current residential address of the custodial or noncustodial parent and, if different
and known to the office, the current residence of any children who are the
subject of the parent-time order. If there is no current residential address
available, the person's place of employment and any other location information
shall be disclosed.
(c) For
the purposes of this section, ‘reason to believe’ under Section 454 of the
Social Security Act means that the person seeking to safeguard information has
provided to the office a copy of a protective order, current court order
prohibiting disclosure, current court order prohibiting or limiting the
requesting person's contact with the party or child whose location is being
sought, criminal order signed by a court of competent jurisdiction, an
administrative order pursuant to Section 80-2-707, or documentation of a
pending proceeding for any of the above.
(d) Neither the state, the department, the
office nor its employees shall be liable for any information released in
accordance with this section.
(6) Custodial or noncustodial parents or their
legal representatives who are denied location information in accordance with
Subsection (5) may serve the Office of Recovery Services to initiate an action
to obtain the information.” (Emphasis added.)
NOTE:
The provision contained in Utah Code 26B-9-207(5)(a)(v), quoted above,
includes, but is not limited to, locate information received from the following
sources: FPLS, NDNH, FIDM, and IRS.
Information derived from these sources is governed and restricted by
other federal and state laws. The “Safe
at Home Program” provided for in Utah Code 77-38-601 et seq. is a state law
that prohibits disclosure as defined in the cited provision.
Utah Admin. Code R527-200-2 states:
“(2)(d) ‘Location information’
means:
(i) the current,
verified residential address of a custodial or noncustodial parent and, if
different and known to ORS, the current, verified residence of any child named
in a parent-time order that specifies time periods when the child shall be with
the noncustodial parent pursuant to Sections 30-3-32 through 30-3-38; or
(ii) an employment address if known, if a current,
verified residential address is not available.
(e) ‘Other
location information’ means a verified, non-residential mailing address such as
a post office box or rural route where a party whose location information is
being sought receives mail.
(f) ‘Files’ means
records about custodial and noncustodial parents contained in open child
support services cases where both paper and electronic case information may be
stored.”
In order for a residential address to be
considered “verified,” the non-requesting party must be receiving child support
payments from CSS at that address, or in the alternative respond in some manner
to the Notice of Request for Release of information to the Non-requesting
Party: Address Known or Notice of Request for Release of Information to the
Non-requesting Party: Interstate No Address notice that provided him/her with
the opportunity to contest the release of his/her location information.
Utah Code 78B-7-605 states:
“(3) If a divorce proceeding is pending between
parties to a protective order action, the court shall dismiss the protective
order when the court issues a decree of divorce for the parties if:
(a) the respondent files a motion to dismiss a
protective order in both the divorce action and the protective order action and
personally serves the petitioner; and
(b)(i) the parties
stipulate in writing or on the record to dismiss the protective order; or
(ii) based on evidence at the divorce trial,
the court determines that the petitioner no longer has a reasonable fear of
future harm, abuse, or domestic violence.
(4) When the court dismisses a protective
order, the court shall immediately:
(a) issue an order of dismissal to be filed in
the protective order action; and
(b) transmit a copy of the order of dismissal
to the statewide domestic violence network as described in Section 78B-7-113.”
If a Utah protective order exists, and there is
also a Utah divorce decree that was issued in May 2003 or later, at the time a
request for locate information is received based on a parent-time order, the
Regional Quality Assurance Specialist (QA) is responsible to review the decree
to see if the protective order was dismissed in the decree.
NOTE 1:
A nondisclosure order from another state may qualify as a protective
order if it was issued by a court and not by an administrative body. For more information on nondisclosure orders,
refer to CS 152P Nondisclosure Order.
NOTE 2: If a participant is enrolled in the
Safe at Home Program, the assigned address will be used for process service,
for example, when serving a Notice of Agency Action. ORS
must not use a Safe at Home Program participant’s actual address for process
service.
Pursuant
to Utah Code 77-38-614:
“(1) In
accordance with the Utah Rules of Civil Procedure, Rule 4, the commission is
the agent
authorized
to receive process for a program participant.
(2)
In accordance with the Utah Rules of Civil Procedure, Rule 5, the last known
address for a program participant is the program participant's assigned
address, not the program participant's actual address.”
A Safe
at Home Program participant’s actual address becomes restricted information
pursuant to Utah Code 63G-2-201:
“(3) The
following records are not public:
. . .(b)
a record to which access
is restricted pursuant to court rule, another
state statute, federal statute, or federal regulation, including records
for which access is governed or restricted as a condition of participation in a
state or federal program or for receiving state or federal funds.” (Emphasis
added.)
Additionally,
Utah Code 77-38-611 states:
“(11)(a) Notwithstanding Title 63G, Chapter 2,
Government Records Access and Management Act, a record containing a program
participant's address is confidential and, regardless of the record's
classification under Title 63G, Chapter 2, Part 3, Classification, may not be
disclosed by a state or local government entity, unless otherwise provided
under this part.
(b)
A program participant's actual address may not be disclosed to a third party by
a state or local government entity, except:
(i) in a record created more than 90 days before the date on
which the program participant applied for enrollment in the program; or
(ii)
if a program participant voluntarily requests, in writing, that the program
participant's actual address be disclosed to the third party.
(c)
For a record created within 90 days before the date that a program participant
applied for enrollment in the program, a state or local government entity shall
redact the actual address from the record or change the actual address to the
assigned address in the public record if the program participant presents a
valid authorization card or a notification form and requests that the state or
local government entity use the assigned address instead of the actual address
on the record.”
If a participant is enrolled in the program,
ORS should not release anything other than the participant’s assigned
address. Refer to
CS 078P Safe at Home Program for more information.
Request for Location Information Based on Parent-Time Orders
Only a custodial parent (CP) or noncustodial parent (NCP), or
his/her attorney, may make a request for location information on the other
party, or on the child(ren) who are subject to the parent-time order, if the
child(ren)’s address is different and known to CSS (e.g., specified relative
cases).
NOTE: If the child(ren) is
in State care or custody at the time of the request, CIC will not release the
child(ren)’s address. The custodial
agency (e.g., Division of Child and Family Services (DCFS), Juvenile Justice
and Youth Services (JJYS), Utah State Hospital, etc.) is the keeper of the
record for the child(ren)’s address while s/he is in State care or custody, not
ORS.
The request must be made in writing and submitted to CSS along
with a copy of the parent-time order.
The order may be a provision within the divorce decree or another type
of court order. To receive information
on multiple cases, the requesting party must submit copies of each applicable
parent-time order(s).
NOTE: A parent-time order
only applies to unemancipated children. When a child emancipates, parent-time rights
end with the child support obligation.
Therefore, if a parent makes a request for the location of a child who
has emancipated, CSS is unable to proceed with the request. For more
information on emancipation, refer to CS 417P Emancipation.
If you should receive a subpoena that demands location information
on a party, refer to and follow the procedures found in CS 040P Summons,
Subpoenas or Orders Served Upon the Office of Recovery Services (ORS).
When a written request for location information based on a parent
time order is received by CSS, it becomes a “Request for Agency Action” (RAA)
and initiates an adjudicative proceeding under the Utah Administrative
Procedures Act (UAPA) found at Utah Code 63-46b-3(3). For more information on
UAPA and the RAA process, refer to CS 090P Administrative Review and Request
for Agency Action. The regional QA is
responsible for this type of review.
Upon receiving the written request for location information based
on a parent time order, the assigned agent must:
1.
Reattribute the written request in Content Manager as “MAIL” and
assign it to the regional QA.
NOTE: If the request for the
release of a parent’s location information does not have a parent-time order
attached, send the request to the QA to review.
It is the QA’s responsibility to deny the request, if appropriate.
2.
Send the regional QA an email notifying him/her of the written
request for location information based on a parent time order.
3.
Continue to work the case(s) to the maximum extent possible during
the review process.
Presiding Officer Procedures
Upon receipt of the written request and parent-time order, the
regional QA, acting as a Presiding Officer, is responsible to complete the
steps listed below, make a determination in accordance
with state law and rule, and release the information if appropriate.
1.
Compile the state’s evidence.
a.
Look on ORSIS for other CSS or CIC cases that share the same
participant(s) and coordinate your actions with the respective regional QA(s)
as needed.
b.
Review the case for the criteria listed in this section and
determine whether a reason already exists to immediately issue a Decision and
Order, making it unnecessary to send notice to the non-requesting party first.
For more information, refer to the following examples:
i.
There is already an order that prohibits release of location
information in the case file and that order does not have an expiration date
(e.g., restraining order), or it has not been dismissed or replaced by the
court (e.g., a protective order).
NOTE: The civil portion of a protective order
automatically expires after 150 days, but the criminal portion continues
indefinitely unless it is dismissed by the court. A judge may dismiss the protective order at
the time of the final divorce hearing.
If there is a protective order in the case and a divorce decree that was
issued in May 2003 or later, review the decree to see if the court dismissed
the protective order in the decree. If the order is a Canadian Domestic Order,
consult with your assigned Assistant Attorney General (AAG).
ii.
The requesting party did not provide a copy of a parent-time
order.
EXCEPTION: If you believe an exception should be made to
this requirement because the requesting party states s/he is unable to provide
a copy of the parent-time order, and CSS has a copy of the parent-time order
currently in effect in the case file, consult with the Associate Regional
Director or Regional Director and the assigned AAG.
iii.
The parent-time order is invalid (e.g., not issued and signed by a
judge, or in certain circumstances, a commissioner) or has been superseded by
another order (e.g., a legal custody order in a specified relative case).
iv.
The child(ren) listed in the parent-time order have emancipated
(see CS 417P Emancipation).
v.
The location information is not available because:
A.
The case has been closed;
B.
There is no location information for the non-requesting party on
ORSIS or in the case file folder; or,
C.
Access to the information is restricted by state or federal law
(see
CS 026P Restricted Information).
NOTE: If the non-requesting party
is enrolled in the Safe at Home Program and has an active assigned address on
ORSIS, the location information is restricted by state law. Refer to CS 078P Safe at Home Program for more
information.
c.
If there is a reason to immediately issue a Decision and Order,
generate the “Decision and Order: Release of Information” and send it to the
requesting party to inform him/her of the reason why the information cannot be
released. A copy of the order is sent to
the non-requesting party at his/her last known residential address. Either party may ask for reconsideration of
the decision or take the matter to court.
For more information on reconsideration, refer to subsection
Reconsideration Procedures below and CS 382P Reconsideration.
2.
Notifying the non-requesting party and gather his/her
evidence. Notice must be given to the non-requesting party (or specified
relative) of the proposed action to release his/her location information,
unless there is a reason to immediately deny the request (see #1 above). The non-requesting party must be given the
opportunity to contest the action and have his/her information safeguarded by
CSS.
NOTE: If a CIC case is involved send notice
to the child(ren)’s caseworker to give the caseworker the opportunity to
contest the action and provide CIC with required documentation as to why the
non-requesting parent’s information should be safeguarded.
a.
In accordance with Utah Code 26B-9-207(5)(a)(iii), which requires
that the non-requesting party be “. . . afforded notice in accordance with this
section of the opportunity to
contest release of the information. . .”, CSS must notify the non-requesting
party of the request to release his/her location information by generating and
sending the appropriate “Notice of Request for Release of Information” and corresponding
cover letter. When the non-requesting
party resides outside of Utah and
intervention is required from another IV-D agency to facilitate communication
with the non-requesting party (e.g., Utah does not have the non-requesting
party’s address), send the intergovernmental letter.
i.
Non-Requesting Party – address is known:
A.
“Notice of Request for Release of Information to Non-requesting
Party: Address Known.” This gives the
non-requesting party 15 calendar days of the date of the notice to contest the
proposed release of his/her information.
B.
“Cover Letter to Non-requesting Party;” and,
C.
A copy of the parent-time order.
ii.
Intergovernmental Letter to the Other State – address is NOT known:
A.
“Notice of Request for Release of Information to Non-requesting
Party, Interstate No Address.” This
gives the non-requesting party in the other state 30 calendar days of the date
of the notice to contest the proposed release of his/her information. One copy is for the state and one is to be
sent by the state to the non-requesting party.
B.
“Cover Letter to Initiating State.” This letter requests that the
other state forward the notice to the non-requesting party to notify him/her of
the request; and,
C.
A copy of the parent-time order.
NOTE: If the non-requesting party is a specified
relative, send the notice to that individual provided the relative does NOT
have physical custody through an order that does not grant parent-time rights
to the requesting party. If that is the
case, the order granting legal custody to the specified relative negates the
parent-time time provisions contained in the parents’ order. But, if the order granting physical custody
to the specified relative includes a provision granting parent-time to the
parent(s), the parent(s) may request location information.
If the children are open on different ORSS cases, send a notice to the other
parent or specified relative on each case.
For example, the father has asked for the address of all three of his
children, two of which are residing with the mother and one of which is
residing with a grandmother. CSS and CIC
both have open cases. The grandmother
has been given physical custody of the child residing with her, and a provision
for parent-time was included in the custody order. Send a separate notice to the mother and to
the grandmother.
If a CIC case is involved, also send a notice to the custodial agency (e.g.,
DCFS or JJYS) to inform them that CIC will not be releasing the child’s
location information, and that the requesting party may be contacting the
custodial agency directly for the information.
b.
Notify the requesting party of the review process. Send the forms listed below.
i.
“Cover Letter to Requesting Party;” and,
ii.
A copy of the appropriate notice.
Do not release the requested location information during the 15 or 30 day timeframe that the non-requesting party has to contest the action.
If necessary, contact the
non-requesting party to discuss the evidence. S/he does not need to appear in
person to present or dispute evidence.
However, s/he may choose to come into the office. If an attorney has been retained, s/he may
also appear. If the non-requesting party
wants to appear in person, send the “Request for Review Appointment Letter,”
which notifies the non-requesting party of the date and time of the review.
3.
Make a determination
and issue a Decision and Order.
a.
Conduct adjudicative proceeding – If the request for release
action is contested within the allowable timeframes (15 calendar days if the
non-requesting party’s address is known and 30 calendar days if the
non-requesting party resides outside of Utah and his/her address is not known), conduct an adjudicative
proceeding as soon as possible.
b.
Consider all of the facts and evidence
presented by the parties and make a determination as
to whether the information may be released.
4.
Process the Decision and Order.
a.
Generate and issue the order.
b.
Sign and date the order.
The order allows the parties 20 days to request reconsideration of the
QA’s determination.
c.
Make a copy of the order and any other required forms and send it
to Central Imagining Unit (CIU) to be imaged.
d.
Send by first class mail or deliver a copy of the order to the
NCP/CP. Include the “Decision and Order
Cover Letter”.
e.
Send by first class mail a copy of the Decision and Order to the
non-requesting party. Include the
“Courtesy Copy of Administrative Order”.
f.
Send by first class mail a copy of the order to the NCP/CP’s
attorney if s/he is represented by legal counsel, and/or send a copy to the
initiating state on an incoming interstate case.
g.
Write a case narrative documenting your determination and all
actions taken on the case.
5.
Release the Information, if appropriate. After the 20 days allowed for a party to request consideration (20
days from the date the order is issued), release the locate information, if
reconsideration has not been requested by either party.
a.
Send the “Release Location Information” letter.
b.
Write a case narrative to document this action in the case
narrative(s).
NOTE: If one of the parties
request reconsideration of the QA determination, refer
to the Reconsideration Procedures.
Reconsideration Procedures
“Decision and
Orders” that have been issued by CSS are subject to reconsideration if a
written request is made in within 20 days of issuing the “Decision and
Order.” A reconsideration request does
not have a specific form, but it must be
in writing and must state the specific grounds for which relief is sought.
For more information on reconsideration, refer to CS 382P Reconsideration and
CS 1382P CIC Reconsideration
If
reconsideration is requested, the QA is responsible to take the steps listed
below.
1.
Review the case for appropriate actions. Continue working the case to the maximum
extent possible.
2.
Grant or deny the reconsideration request.
a.
Deny Reconsideration: If
you deny the request for reconsideration, complete the following:
i.
Issue the “Order: RAA Reconsideration Denied.” Sign and date the
order.
ii.
Make a copy of the order and forward it to CIU to be imaged.
iii.
Mail a copy of the order to the NCP/CP and the other party, and
include the “Courtesy Copy of Administrative Order.” The order provides the NCP/CP with
information about his/her appeal options.
b.
Grant Reconsideration: If
you grant the request for reconsideration, complete the following:
i.
Issue the “Order: RAA Reconsideration Granted;”
NOTE: The order provides the NCP/CP with
information about his/her options for appeal.
ii.
Issue the order Based on Reconsideration: Non-Cooperation.” The order affirms or amends the original
“Decision and Order;”
NOTE: A conference may be conducted to facilitate
full reconsideration.
iii.
Make a copy of the order and forward it to CIU to be imaged.
iv.
Mail by first class mail or deliver a copy of the ORRE or CIC-ORRC
and ORIA/ORIB to the NCP/CP;
v.
Mail by first class mail a copy of the order to the other
party. Include the Notice of
Reconsideration, which notifies the other party that reconsideration has been
granted and invites them to present any new or additional information.
vi.
Mail by first class mail a copy of the order to the NCP/CP’s
attorney if s/he is represented by legal counsel, and/or send a copy to the
initiating state on an incoming intergovernmental case.
c.
Neither Grant nor Deny Reconsideration: If the request for reconsideration is not
granted or denied within 20 days, the request is considered denied and the
original “Decision and Order” stands.
3.
Take the appropriate follow-up actions. Depending on the outcome of the review, take
the next appropriate follow-up action.
4.
Write a case narrative. Document all actions taken on the case
and the reasons(s) for those actions.
If the NCP/CP
wants to appeal the reconsideration decision or the new order based on
reconsideration, s/he may file a court action.
Reconsideration is not a prerequisite for a court action. For more information on court action, refer
to subsection Procedures Court Action Filed below.
Procedures Court Action Filed
The
NCP/CP may choose to file his/her own court action instead of, or
in addition to, requesting an adjudicative proceeding. The NCP/CP must provide CSS with evidence
that an action has been filed. The evidence of the
filing will generally be notice of the legal pleadings. Once you are notified of the filing, send a
referral packet to the Attorney General’s Office (AGO).
If the court
action filed is to obtain an order that prohibits the release of the
non-requesting party’s case information, do not release the information to the
requesting party pending the outcome of the court action.