LOCATE
CS 147P Locate Only: Parental Kidnapping, Child Custody or
Visitation (Parent-time) Determination
03/85
Revised 08/15/23 Training Completed 08/29/23 Last Reviewed 03/04/25
42U.S.C. 653, 663; 45
CFR 302.33(c), 302.35,
303.15,
303.69;
R527-005
Introduction and Statutory Authority
The Social Security Act governs the use of the Federal Parent
Locator Service (FPLS) pursuant to 42 U.S.C. 653 Federal Parent Locator Service
(a)(3) states:
“For the purpose of enforcing any Federal or State law
with respect to the unlawful taking or restraint of a child, or making or
enforcing a child custody or visitation determination, as defined in section
663 (d)(1) of this title, the Federal Parent Locator Service shall be used to
obtain and transmit the information specified in section 663 (c) of this title
to the authorized persons specified in section 663 (d)(2) of this title.”
According to 42 U.S. Code (U.S.C.) 663(a), the services of the FPLS are
available in parental kidnapping cases (unlawful taking or restraint of a
child), or for the purpose of determining the whereabouts of a parent when the
information is to be used to locate the parent to make or enforce a custody or
visitation (parent-time) determination.
42 U.S.C. 663 Use of Federal Parent Locator Service in
connection with enforcement or determination of child custody in cases of
parental kidnapping of a child states:
“(a) Agreements with States for use of Federal
Parent Locator Service The
Secretary shall enter into an agreement with every State under which the
services of the Federal Parent Locator Service established under section 653 of
this title shall be made available to each State for the purpose of determining
the whereabouts of any parent or child when such information is to be used to
locate such parent or child for the purpose of—
(1) enforcing any State or Federal
law with respect to the unlawful taking or restraint of a child; or
(2)
making or enforcing a child custody or visitation determination.” (Emphasis added.)
Only authorized persons may request this information from the office
pursuant to 42 U.S.C. 663(b), which states,
“Requests from authorized persons for information
An agreement entered into under subsection (a) of this section shall provide
that the State agency described in section 654 of this title will, under
procedures prescribed by the Secretary in regulations, receive and transmit to
the Secretary requests from authorized persons for information as to (or useful
in determining) the whereabouts of any parent or child when such information is
to be used to locate such parent or child for the purpose of—
(1) enforcing any State or Federal law with respect to the unlawful
taking or restraint of a child; or
(2) making or enforcing a child custody or visitation determination.” (Emphasis added.)
NOTE: This policy provides
information on a federal program allowing the use of FPLS information in
specific circumstances. These procedures
and criteria are separate from the state procedures governed by U.C.A.
26B-9-207 discussed in CS 076P Release of Case Information Based on Parent-time
Order. CS 076 involves releasing current Child Support Services (CSS)
location information to a parent or
attorney who is enforcing a parent-time order. This policy involves requesting FPLS information to be given to an authorized person only (not to a parent or an attorney).
Definitions
1.
Authorized
person – As defined by 42 U.S.C.
663(d)(2) and 45 CFR 303.15(a)(1):
“. . . (A)
any agent or attorney of any State having an agreement under this section, who has the duty or authority under the
law of such State to enforce a child
custody or visitation determination;
(B)
any court having jurisdiction to make or
enforce such a child custody or visitation determination, or any agent of
such court; and
(C) any agent or
attorney of the United States, or of a State having an agreement under this
section, who has the duty or authority
to investigate, enforce, or bring a prosecution with respect to the unlawful
taking or restraint of a child.”
(Emphasis added.)
NOTE: Federal law does not permit a parent or
his/her private attorney to directly make a request to either the State IV-D
agency or to the FPLS. Only an
“authorized person,” as defined in Federal law, may make the request. For more information on who may request this
type of locate, refer to Appendix E-P Federal Parent Locator Service.
2.
Custody
or Visitation Determination – As defined by 42 U.S.C. 663(d)(1) and 45 CFR
303.15(a)(2):
“. . . a judgment, decree, or other order of a court providing
for the custody or visitation of a child, and includes permanent and temporary
orders, and initial orders and modification;”
Authorized Use and Disclosure
The FPLS is the sole locate resource available for individuals to
use in parental kidnapping, child custody, or visitation (parent-time)
determination cases. 42 U.S.C. 663(c)
limits the information that the FPLS may disclose:
“. . . Only information as to the most
recent address and place of employment of any parent or child shall be provided
under this section.” (Emphasis
added.)
The office of Recovery Services/Child Support Services (ORS/CSS)
must ensure that the individual requesting this type of information meets the
definition of “authorized person,” as defined by 42 U.S.C. 663(d)(2) and 45 CFR
303.15(a)(1). CSS can only disclose
information received from FPLS to an “authorized person” that has requested the
information. The FPLS cannot be used for
any other purpose.
Pursuant to 45 CFR 303.15(c)(8), CSS workers must keep these cases in secure file cabinets and must destroy any
confidential records and information related to the request once the
information is sent to the requestor.
“The State shall adopt policies
and procedures to ensure that information shall be used and disclosed solely
for the purposes specified in paragraph (b) of this section. Under this
requirement, the State shall:
(i) Restrict access to the information to
authorized persons whose duties or responsibilities require access in
connection with child custody and parental kidnapping cases;
(ii) Store the information during nonduty hours, or when not in use, in a
locked container within a secure area that is safe from access by unauthorized
persons;
(iii) Process the information under the immediate supervision and control of
authorized personnel, in a manner which will protect the confidentiality of the
information, and in such a way that unauthorized persons cannot retrieve the
information by computer, remote terminal, or other means;
(iv) Brief all employees who will
have access to the data on security procedures and instructions;
(v) Send the information directly
to the requestor and make no other use of the information;
(vi) After the information is sent
to the requestor, destroy any confidential records and information related to
the request.
(d)(1) An agreement under section
463 of the Act must be signed by the Governor of the State or the Governor’s
designee.” (Emphasis added.)
The
“authorized individual” requesting this information:
1.
Can only use it to carry out the authorized purpose according to
the law; and,
2.
Cannot disclose this information to any other individual that does
not meet the definition of “authorized person” in accordance with the law.
Procedures
– Locate-Only Requests
If
you are contacted by a parent (or
private attorney) who wants CSS to provide locate information on the other
parent and child for parental kidnapping or for purposes of establishing or
enforcing a child custody or visitation
(parent-time) order:
1.
Provide the parent with the “Federal Parent Locator Service for
Custody and Visitation Purposes”. The
form provides the parent with the following information:
a.
What
the FPLS is:
i.
A computerized, national location network operated by the Federal
Office of Child Support Services (OCSS);
ii.
A service provided by the FPLS to determine the whereabouts of a
parent and child in order to make or enforce a custody or visitation
determination;
NOTE: Custody or visitation determination is
defined as a judgment, decree, or other order of a court and modifications.
b.
Who
is authorized to request information from the FPLS:
i.
Any agent or attorney of a State who has the duty or authority under
the law of the State to enforce a child custody or visitation determination;
ii.
Any court having jurisdiction to make or enforce a child custody
or visitation determination, or any agent of such court; and,
iii.
Any agent or attorney of the U.S. or of a State having an
agreement who has the duty or authority to investigate, enforce, or bring a
prosecution with respect to parental kidnapping.
NOTE: The Noncustodial Parent (NCP) may not submit
a request directly or through private counsel.
c.
How
the NCP makes a request for FPLS services:
i.
Petition a court with proper jurisdiction to submit a request to
ORS/CSS to access the FPLS on the parent’s behalf;
ii.
A copy of the court petition must be served upon the Office of
Attorney General (AGO), Child and Family Support Division; and,
iii.
The court must send the request to the IV-D Director.
NOTE: the request must identify both parents’ names
and social security numbers, if known, and the child(ren)’s name(s).
d.
What
type information the NCP can receive from the FPLS:
i.
The only information that may be released is
the most recent address and place of
employment, for the individual whose location is sought.
A.
If ORS/CSS receives this information from the FPLS, it is sent
only to the authorized requestor.
B.
The requestor is responsible to disclose that information only to
others who meet the “authorized person” definition.
NOTE: If the FPLS information is safeguarded
because of a Family Violence Indicator (FVI), no information is sent to
CSS. For more information on
safeguarding, refer to CS 075P Safeguarding Case Information.
An
“authorized person” may still be able to get information that has been
safeguarded, if s/he petitions the appropriate court and requests
assistance. If the court grants the
petition, they will forward a request for disclosure of safeguarded information
to CSS. CSS sends the request to OCSS
for determination. If OCSS determines
the request is “regular on its face” and for an authorized purpose in response
to a specific request, they will allow a one-time release of the information
and send the information to the court.
The court must review the specific information received and determine if
further disclosure may be harmful to the parent and/or child.
e.
Who
to contact for questions:
i.
The number for each office is provided for questions and access to
the FPLA for custody and determination purposes.
NOTE: If the parent or attorney is enforcing an
existing parent-time (visitation) order, refer to CS 076P for more information.
2.
The IV-D Director will review the request and if appropriate,
refer the request to the manager of the State Parent Locator System (SPLS)
team. The SPLS team will complete the
following:
a.
Open the case within 10 days of receipt of the request. The case must only include the information
needed for an FPLS referral;
b.
Make a referral to the FPLS for locate information within 75
calendar days of opening the case;
c.
If any paper is maintained on the case, it must be secured and
have restricted access to protect confidentiality; and,
d.
Monitor the case for the returned FPLS information and send it to
the “authorized person” only. The SPLS
unit will:
i.
ONLY
send the address and place of employment information; and,
ii.
Make no other use of the information. The FPLS information received is not added to
ORSIS or the case narratives.
iii.
Close the case after information
is received from the FPLS or if no information is received from the FPLS.