Safeguarding Child Support Information, 32145-32157 [2010-13021]
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Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Proposed Rules
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achieve the finest presort level for the
mailing, except that a flat-size copalletized
mailing prepared under 8.11 or 8.14 using
the bundle reallocation option may not
always result in all bundles being placed on
the finest pallet level possible.* * * Origin
mailers participating in a copalletized
mailing of Standard Mail letters in trays must
prepare a separate postage statement for the
portion entered at the origin site and another
postage statement for the portion directed to
the consolidator.
statement for the portion entered at the origin
site and another postage statement for the
portion directed to the consolidator.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
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707
Periodicals
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27.5
Documentation
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8.8 Basic Uses
These types of mail may be palletized:
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[Revise 8.8 by re-sequencing items f
through i as the new g through j and adding
a new item f as follows:]
f. Copalletized multiple letter-size
mailings, prepared in trays, subject to 8.0.
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[Revise title of 8.16 as follows:]
8.16 Copalletized Letter-Size and Flat-size
Pieces—Periodicals or Standard Mail
8.16.1 Basic Standards
[Revise 8.16.1 as follows:]
Copalletized letter- and flat-size mailings
must meet the applicable standards in 8.0. In
addition, if copalletized under 10.0, 12.0, or
13.0, the applicable provisions of that
preparation option must also be met. Any
combination of automation mailings and
nonautomation mailings is subject to the
restrictions in 8.14. Trays and bundles in a
copalletized mailing qualify for the
appropriate presort level price, regardless of
the pallet level on which they are placed.
Mailers participating in copalletized mailings
must:
a. Transmit postage statements and mailing
documentation to the USPS using an
approved electronic method.
b. In accordance with 708.6.5 and 708.6.6,
use Intelligent Mail tray labels on trays and
sacks and Intelligent Mail container placards
on pallets or similar containers.
c. If consolidating multiple mailings on
pallets, update the electronic data for each of
the original mailings. This updated data must
be reflected in the electronic data transmitted
to the USPS by the consolidator.
d. Meet postage payment requirements as
specified by Business Mailer Support.
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[Revise 8.16.2 by adding a new item d as
follows:]
d. Postage for copalletized mailings of flatsize Periodicals must be paid at the
consolidator’s site.
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Administration for Children and
Families
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45 CFR Parts 301, 302, 303, and 307
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* * * The following additional standards
apply:
[Revise 27.5 by adding a new item c and
d as follows:]
c. Unless excepted by Business Mailer
Support (BMS), mailers combining
Periodicals publications under 27.1a must
transmit postage statements and mailing
documentation to the USPS using a BMSapproved electronic method.
d. Mailers combining Periodicals
publications under 27.1c must transmit
postage statements and mailing
documentation to the USPS using a BMSapproved electronic method.
[Renumber current 27.6 through 27.8 as
new 27.7 through 27.9 and add a new item
27.6 as follows:]
27.6
Additional Standards
Mailers combining Periodicals publications
under 27.1a or 27.1c must:
a. Use Intelligent Mail tray labels on trays
and sacks and Intelligent Mail container
placards, under 708.6.5 and 6.6, on pallets or
similar containers.
b. When using a consolidator, prepare a
separate postage statement for the portion of
the mailing accepted at the origin site and
another statement for that portion directed to
a consolidator.
c. When using a consolidator under 27.1c,
pay postage at the consolidator’s site.
d. If consolidating multiple mailings on
pallets, update the electronic data for each of
the original mailings. This updated data must
be reflected in the electronic data transmitted
to the USPS.
f. Meet postage payment requirements as
specified by Business Mailer Support.
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We will publish an appropriate
amendment to 39 CFR Part 111 to reflect
these changes if our proposal is adopted.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2010–13574 Filed 6–4–10; 8:45 am]
BILLING CODE 7710–12–P
8.16.3 Standard Mail
Additional standards are as follows:
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27.0 Combining Multiple Editions or
Publications
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8.16.2 Periodicals
Additional standards are as follows:
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*
[Revise 8.16.3 by adding a new item f as
follows:]
f. Origin mailers participating in a
copalletized mailing of Standard Mail letters
in trays must prepare a separate postage
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Safeguarding Child Support
Information
AGENCY: Office of Child Support
Enforcement (OCSE), Administration for
Children and Families (ACF),
Department of Health and Human
Services (HHS).
ACTION: Notice of proposed rulemaking.
SUMMARY: The Personal Responsibility
and Work Opportunity Reconciliation
Act of 1996 (PRWORA) created and
expanded State and Federal Child
Support Enforcement databases under
title IV–D of the Social Security Act and
significantly enhanced access to
information for title IV–D child support
purposes. States are moving toward
more integrated service delivery to
better serve the families and further the
mission of the child support
enforcement program, while protecting
confidential data. This Notice of
Proposed Rulemaking (NPRM) proposes
requirements for: State Parent Locator
Service responses to authorized location
requests; and State Child Support
Enforcement program safeguards for
confidential information and authorized
disclosures of this information. This
proposed rule would revise certain
aspects of the final rule State Parent
Locator Service; Safeguarding Child
Support Information Final Rule
published on September 26, 2008 and
effective December 30, 2010. This
NPRM will prohibit disclosure of
confidential and personally identifiable
information to private collection
agencies and expand disclosure to child
welfare programs and the Supplemental
Nutrition Assistance Program (SNAP).
DATES: Consideration will be given to
comments received on or before August
6, 2010.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Interested persons are invited
to submit written comments via regular
postal mail to: Office of Child Support
Enforcement, Administration for
Children and Families, 370 L’Enfant
Promenade, SW., 4th Floor,
Washington, DC 20447, Attention:
Division of Policy; Mail Stop: ACF/
OCSE/DP.
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Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
Paige Hausburg, OCSE, Division of
Policy, (202) 401–5635, e-mail
paige.hausburg@acf.hhs.gov. Deaf and
hearing-impaired individuals may call
the Federal Dual Party Relay Service at
1–800–877–8339 between 8 a.m. and 5
p.m. eastern time.
SUPPLEMENTARY INFORMATION:
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I. Statutory Authority
This NPRM is published under the
authority granted to the Secretary of the
United States Department of Health and
Human Services (Secretary) by sections
1102, 453, 454, 454A, and 463 of the
Social Security Act (the Act). Section
1102 of the Act, 42 U.S.C. 1302,
authorizes the Secretary to publish
regulations that may be necessary for
the efficient administration of the Child
Support Enforcement program
authorized under title IV–D of the Act
(IV–D program).
The provisions of this NPRM
pertaining to the Federal Parent Locator
Service (Federal PLS) implement
sections 453 of the Act, 42 U.S.C. 653.
Section 453 requires the Secretary to
establish and conduct a Federal Parent
Locator Service (Federal PLS) to obtain
and transmit specified information only
to authorized persons for purposes of
establishing parentage, or establishing,
modifying, or enforcing child support
obligations. Section 453 of the Act, 42
U.S.C. 653 also authorizes the Secretary
to disclose information in the Federal
PLS to the State Child Support
Enforcement program (authorized under
title IV–D of the Social Security Act),
Temporary Assistance to Needy
Families program (TANF or IV–A
program authorized under title IV–A of
the Social Security Act), Child Welfare
Services program (IV–B program
authorized under title IV–B of the Act),
and Foster Care and Adoption
Assistance program (IV–E program
authorized under title IV–E of the Act)
to assist States in carrying out their
responsibilities under those programs.
Section 463 of the Act, 42 U.S.C. 663,
also permits States to use information in
the Federal PLS for the purpose of
enforcing any Federal or State law with
respect to a parental kidnapping or
making or enforcing a child custody or
visitation determination. In addition,
the provisions of this NPRM pertaining
to the State Parent Locator Service (State
PLS) implement sections 454(8) and
(17), 42 U.S.C. 654(8) and (17), which
require each State IV–D program to
establish a State Parent Locator Service
(State PLS) to locate parents by
exchanging data with the Federal PLS
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and utilizing other information sources
and records.
Several sections of the Act require
safeguarding measures for information
contained in State and Federal
databases, including the National
Directory of New Hires (NDNH) and the
Federal Case Registry (FCR). Section
454(8) requires States receiving funding
under title IV–D to have a State plan
providing that the State IV–D program
will: (1) Establish a service to locate
parents utilizing all sources of
information and available records and
the Federal PLS; and (2) disclose the
information described in sections 453
and 463 only to the ‘‘authorized
persons’’ specified in sections 453 and
463, subject to the privacy safeguards in
section 454(26) of the Act. In addition,
sections 453(m) and 463(c) restrict
disclosure of confidential information
maintained by the Federal PLS only to
an ‘‘authorized person’’ for an
authorized purpose and require the
Secretary to establish and implement
safeguards designed to restrict access to
confidential information in the Federal
PLS to authorized persons for
authorized purposes. Section 453(l), 42
U.S.C. 653(l), also specifies that
information in the FPLS shall not be
used or disclosed except as expressly
provided in section 453. Section
454(26), 42 U.S.C. 654(26), requires the
State IV–D agency to have in effect
safeguards, applicable to all confidential
information handled by the State
agency, that are designed to protect the
privacy rights of the parties.
Additionally, sections 454(16) and
454A, 42 U.S.C. 654(16) and 654a,
require States to maintain computerized
child support enforcement systems to
carry out their responsibilities under
title IV–D and to have in effect
safeguards on the access to and use of
data in the State’s automated system.
II. Background
This NPRM will prohibit disclosure of
confidential and personally identifiable
information to private collection
agencies and expand the disclosure of
confidential and personally identifiable
information to child welfare programs
authorized under titles IV–B and IV–E
and the Supplemental Nutrition
Assistance Program (SNAP). On
September 26, 2008, a final rule,
following notice and comment period,
entitled ‘‘State Parent Locator Service;
Safeguarding Child Support
Information,’’ was published in the
Federal Register [73 FR 56422] to
address requirements for State Parent
Locator Service responses to authorized
location requests, State IV–D program
safeguarding of confidential
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information, authorized disclosures of
this information, and restrictions on the
use of confidential data and information
for child support purposes with
exceptions for certain disclosures
permitted by statute. The effective date
given for the final rule was March 23,
2009. In accordance with the
memorandum of January 20, 2009, from
the Assistant to the President and Chief
of Staff entitled ‘‘Regulatory Review’’ [74
FR 4435], on March 3, 2009, the
Department published a notice in the
Federal Register [74 FR 9171] seeking
public comment on a contemplated
delay of 60 days in the effective date of
the rule entitled ‘‘State Parent Locator
Service; Safeguarding Child Support
Information.’’ In response to those
comments, the Department issued a
subsequent notice published in the
Federal Register [74 FR 11879] on
March 20, 2009, which delayed the
effective date of the September 26, 2008
rule by 60 days until May 22, 2009, in
order to permit Departmental officials
the opportunity for further review of the
issues of law and policy raised by this
rule. However, subsequent to
publication of the March 20, 2009
notice, the Department determined that
additional time would be needed for
officials to complete their review of the
rule and to fully assess the substantive
comments received in response to the
March 3, 2009 notice. As a result, on
April 15, 2009 a notice was published
in the Federal Register [74 FR 17445]
indicating that the Department was
contemplating a further delay in the
effective date of the ‘‘State Parent
Locator Service; Safeguarding Child
Support Information’’ final rule to
December 30, 2010, and requesting
comments on the delay of the effective
date. In response to comments from the
April 15, 2009 notice, the Department
issued a subsequent notice, published in
the Federal Register [74 FR 23798] on
May 21, 2009 delaying the effective date
of the September 26, 2008 rule to
December 30, 2010.
Although the March 3, 2009 and the
April 15, 2009 notices invited
comments on whether a delay in the
rule’s effective date was needed ‘‘to
allow Departmental officials the
opportunity for further review and
consideration,’’ both notices also
generated focused substantive
comments recommending changes to
several particular provisions of the final
rule that warrant further consideration.
In addition to supporting a delay in the
effective date of the rule, the comments
raised specific policy concerns
regarding two areas of the September 26,
2008 final rule: (1) The rules for
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disclosure of confidential and
personally identifiable information
about individuals maintained by State
IV–D programs to a private, for-profit
child support collection agency as an
‘‘agent of a child’’; and (2) the child
welfare data exchange provisions of the
rules in light of legislation enacted in
October 2008 after publication of the
final rule.
With respect to disclosure of
information to private collection
agencies, concerns have been raised by
commenters, Departmental officials,
media coverage, litigation and program
stakeholders that the government’s
disclosure of confidential information to
private child support collection
agencies may not serve the child’s best
interests. Specific comments have been
raised about the risks involved in
disclosing confidential data to private
collection agencies not acting as a
State’s agent under a contractual
relationship nor required to comply
with ethics and confidentiality rules
such as those governing State agencies
and private attorneys, and whose
business practices are largely
unregulated and not subject to program
oversight.
Additionally, commenters on the
March 3 and April 15, 2009 notices
stated that a delay in the effective date
would give the Administration an
opportunity to conduct a review of the
child welfare data exchange provisions
to ensure that the provisions of the rule
conform to The Fostering Connections
to Success and Increasing Adoptions
Act (Pub. L. 110–351), signed into law
on October 7, 2008, eleven days after the
Safeguarding Final Rule was published.
One commenter also indicated that the
final rule appeared to prohibit the State
IV–D agency from disclosing
confidential information, such as child
support payment records, to other State
agencies, including the State food
assistance program (now called the
Supplemental Nutrition Assistance
Program (SNAP)).
This NPRM proposes limited changes
to the final regulation published on
September 26, 2008 to address concerns
identified by Department officials as
well as those raised by commenters.
Only selected portions of the ‘‘State
Parent Locator; Safeguarding Child
Support Information’’ final rule are
addressed in the NPRM. The final rule
published on September 26, 2008 in 73
FR 56442 will go into effect on
December 30, 2010. It is our intent that
the selected revised sections, as
proposed in this notice, also will go into
effect on December 30, 2010 via a
separate final rule. We are specifically
seeking comments on those issues
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raised by commenters as mentioned
above and the proposed revisions
discussed further below.
The preamble includes a discussion
about the rationale behind the changes,
followed by an explanation of the
provisions of the proposed regulation.
The major issues include a prohibition
against disclosure of confidential and
personally identifiable information to
private child support collection
agencies and expanded release of
information for titles IV–B and IV–E
purposes. In order to address concerns
regarding disclosure of information to
private child support collection
agencies, we propose to define the term
‘‘agent of a child’’ as it is used in section
453(c)(3). Under a broad interpretation
of the term ‘‘agent of a child’’ included
in policy guidance previously issued by
OCSE, a private collection agency is
treated as an agent of a child in some
States and thus may obtain confidential
information about parents and families
from the Federal PLS and State PLS.
However, this term is not defined in the
statute or regulation. The proposed
definition of ‘‘agent of a child’’ included
in this NPRM will prohibit the
disclosure of information to private
child support collection agencies
concerning which the State has no
contractual relationship or oversight
responsibility, and also will revise
sections of the rule that are inconsistent
with the proposed definition of ‘‘agent of
a child.’’ The proposed definition will
supersede the five policy statements
issued by OCSE in 2002 and 2003 with
respect to disclosure of information
contained in the State PLS and the
Federal PLS to private child support
collection agencies. The prior policy
allowed States to disclose PLS
information to private collection
agencies, and although never
promulgated as a rule, it has been in
place for several years. We are
particularly interested in comments on
superseding the previously-issued
policy. A more detailed explanation of
these policy documents, and the
underlying policy considerations, are
discussed in section III of the preamble.
We also propose revisions to the rule
that would expand permissible
disclosure of information in the Federal
PLS and the State PLS to State IV–B and
IV–E agencies to assist States in carrying
out their responsibilities under those
programs, pursuant to section 453(j)(3),
as amended by The Fostering
Connections to Success and Increasing
Adoptions Act of 2009 (Pub. L. 110–
351).
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32147
III. Discussion of the Issues
In late 2002, OCSE issued a series of
four policy statements dated December
4, 2002 addressing Federal law and
regulation on disclosure of information
and redirection of child support
payments to private collection agencies.
OCSE also issued a fifth policy
statement addressing the same issues on
May 23, 2003. The policy statements
are:
• AT–02–04, Providing FPLS locate
services to an ‘‘agent of the child’’ for
child support purposes; 1
• DCL–02–35, Federal Guidance on
Private Collection Agencies; 2
• IM–02–09, Effective Practices for
Working with Child Support Private
Collection Agencies; 3 and
• PIQ–02–02, Requests by Custodial
Parents for a Change of Address for the
Disbursement of the Custodial Parent’s
Share of Child Support Collections; 4
• PIQ–03–05, Guidance on Private
Collection Agencies—Agent of a Child
and Third Party Addresses for
Correspondence.5
The policy guidance issued in 2002
and 2003 stated that Federal law and
regulation did not prohibit State IV–D
programs from providing confidential
and personally identifiable information
and redirecting child support
collections to private collection agencies
upon request of a custodial parentpayee. The policy stated that, if
permitted under applicable State law, a
private collection agency could act as
the ‘‘agent of a child.’’ The term was not
defined in the Act or in regulation and
it was left to States to determine
whether or not to release such
information to private collection
agencies. The policy guidance was
issued by OCSE following the issuance
of a General Accounting Office (now the
Government Accountability Office)
report regarding access to information in
Federal databases and use of wage
withholding by private child support
collection agencies (GAO 02–349,
March 2002).
Public comments received in response
to the March 3 and April 15, 2009
notices, as well as recent litigation
alleging unlawful actions by private
child support collection agencies
adverse to the interests of families
1 Available at https://www.acf.hhs.gov/programs/
cse/pol/AT/2002/at-02-04.htm.
2 Available at https://www.acf.hhs.gov/programs/
cse/pol/DCL/2002/dcl-02-35.htm.
3 Available at https://www.acf.hhs.gov/programs/
cse/pol/IM/2002/im-02-09.htm.
4 Available at https://www.acf.hhs.gov/programs/
cse/pol/PIQ/2002/piq-02-02.htm.
5 Available at https://www.acf.hhs.gov/programs/
cse/pol/PIQ/2003/piq-03-05.htm.
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served by the IV–D program,6 have
given us sufficient concern to reassess
the September 26, 2008 rule and the
2002 and 2003 policy guidance
permitting disclosure of confidential
information in the Federal and State
databases to private collection agencies.
Accordingly, this NPRM proposes
revisions to relevant parts of the
September 26, 2008 rule that would
supersede the 2002 and 2003 policy
statements with respect to disclosure of
confidential and personally identifiable
information in the Federal PLS and the
State PLS to private child support
collection agencies due to: (1) The
increase in public security and privacy
concerns with personally identifiable
data maintained by the government and
the dramatic increase in incidences of
identity theft; (2) the questionable
practices and fiscal instability of several
large private child support collection
agencies; and (3) the Department’s
interest in promoting policies that serve
the best interest of children and
families. These underlying policy
considerations, discussed further below,
have informed our proposed definition
of ‘‘agent of the child’’ in proposed
§ 301.1, discussed in section IV.
Increase in Security and Privacy
Concerns
In June 2009, the Department of
Health and Human Services (HHS),
Office of the Chief Information Officer,
issued the HHS–OCIO Policy for
Information Systems Security and
Privacy (https://www.hhs.gov/ocio/
policy/hhs-ocio_policy_
for_information_systems_security_
and_privacy__.html). The policy
provides direction to the information
technology security programs of HHS
Operating Divisions and Staff Divisions
for the security and privacy of HHS data
in accordance with the Federal
Information Security Management Act
of 2002 (FISMA). The policy states that,
‘‘The HHS Information Security and
Privacy Program (henceforth, ‘‘the
Program’’) has evolved and matured over
the last several years as new Federal
requirements have been published and
as advances in technology have been
made. Citizens’ concerns over the
unauthorized disclosure of protected
health information and personally
identifiable information have placed
information technology security and
6 United States Postal Service v. Child Support
Services of Atlanta, Inc., No. 7:09–CV–111 (M.D.
Ga. Feb. 19, 2010): Commonwealth of Virginia, et
al. v. Supportkids, Inc., No. 08000728–00 (Va. Cir.
Ct. Richmond City Nov. 17, 2009); and
Commonwealth of Virginia, et al. v. Supportkids
Services, Inc., No. 3:10–CV–73, 2010 U.S. Dist.
LEXIS 30726 (E.D. Va. Mar. 29, 2010).
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privacy issues at the forefront of the
national dialogue, positively impacting
the way in which public, private, and
government organizations provide
services and protect information.’’ In
recent years, Congress also has held a
number of hearings highlighting rising
concerns with identity theft and other
confidentiality issues.7 In light of this
new HHS policy and its associated
requirements, as well as the concerns
expressed in Congressional hearings, we
believe that more rigorous controls over
access by private entities to confidential
and personally identifiable data,
including Social Security numbers, are
warranted.
Questionable Practices of Child Support
Private Collection Industry
In addition to privacy concerns, OCSE
takes its obligation as steward of
confidential and personally identifiable
information that has been entrusted by
parents and Congress very seriously.
Several private child support collection
agencies have had a history of consumer
complaints made by custodial parents,
non-custodial parents, grandparents,
employers, and courts, as well as the
recent litigation brought by the U.S.
Postal Service and Commonwealth of
Virginia cited above. The complaints
allege that some private collection
agencies use questionable tactics,
including deceptive advertising,
perpetual service contracts that prohibit
cancellation, falsely representing the
business as a government office, using
official-looking documents to pressure
employers to redirect support withheld
from employees’ paychecks, demanding
payments from grandparents,
demanding payments from noncustodial parents that are not owed, and
other allegedly deceptive and abusive
tactics.8
OCSE is aware of recent litigation
filed by the United States Postal Service
alleging that a private collection agency
7 For example, see the Committee on Oversight
and Government Reform’s Hearing on ‘‘Identity
Theft: Victims Bill of Rights’’ at: https://
oversight.house.gov/index.php?option=com_
content&view=article&id=4264&catid=48:hearings&
Itemid=29.
https://hsgac.senate.gov/public/index.cfm?
FuseAction=Hearings.Hearing&Hearing_
ID=db89f4c3-b2b8-42fd-8dae-934a1b317c35
https://oversight.house.gov/index.php?option=
com_content&view=article&id=4286:qprivacy-theuse-of-commericial-information-resellers-byfederal-agenciesq&catid=48:hearings&Itemid=29
https://waysandmeans.house.gov/hearings.asp?
formmode=detail&hearing=570&comm=4.
8 Some of these practices are described in U.S.
General Accountability Office, Child Support
Enforcement: Clear Guidance Would Help Ensure
Proper Access to Information and Use of Wage
Withholding by Private Firms. https://www.gao.gov/
new.items/d02349.pdf
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misrepresented itself as a State agency
to defraud parents in several States.
Two cases were filed by the State
Attorney General on behalf of Virginia.
Such litigation reflects a growing
national concern with the business
practices sometimes used by private
child support collection agencies. It is
the Department’s position that such
questionable practices should not be
facilitated or subsidized by providing
access to confidential information
entrusted to the Federal Government
and States. A recent bankruptcy filing
by one of the largest private collection
agencies and subsequent transfer of
parents’ cases to other companies with
which the parents had no contact has
added to our concern. This proposed
rule would not prohibit or ban these
private collection activities. Such
companies can still acquire data directly
from the custodial parents who sign up
for their services or through private data
search companies.
Promoting Policies That Serve the Best
Interest of Children and Families
We are concerned that policies issued
by the Department should generally
promote the best interest of children
and families. The child support program
is no longer primarily a welfare
reimbursement, cost recovery device for
the Federal and State governments; it is
now a family-first program intended to
ensure families’ self-sufficiency and
strengthen parents’ commitment to
supporting their children.9 Child
support policies should help increase,
not decrease, family income and
stability, and strengthen, not
undermine, parent-child relationships.
As indicated previously, consumer
complaints allege that the practices of
some private child support collection
agencies have had the effect of reducing
child support income received by
families and increasing conflict between
parents, and thus do not serve the best
interests of children and families.
Expansion of the Release of Information
for IV–B/E Program Purposes
The Fostering Connections to Success
and Increasing Adoptions Act of 2008
(the Fostering Connections Act) was
signed into law on October 7, 2008,
eleven days after the publication of the
Safeguarding Final Rule published on
September 26, 2008. Section 105 of the
Fostering Connections Act amended
section 453(j)(3) of the Social Security
Act to expand the authority for
9 See the National Child Support Enforcement
Strategic Plan FY 2005–2009, at https://
www.acf.hhs.gov/programs/cse/pubs/2004/
Strategic_Plan_FY2005-2009.pdf.
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information comparisons and
disclosures of information in all
registries for title IV program purposes
to include child welfare and foster care
programs funded under part B and part
E of the Social Security Act. The new
law authorizes disclosure of information
in the Federal PLS and the State PLS to
conduct data matches and share data
with child welfare agencies ‘‘to the
extent and with the frequency that the
Secretary determines to be effective in
assisting States to carry out their
responsibilities under this part [D], part
B or E, and programs funded under part
A.’’
Section 103 of the Fostering
Connections Act amends section 471(a)
of the Social Security Act to provide
additional authority to expand the scope
of information disclosed to State IV–B
and IV–E programs by adding paragraph
(29) requiring the State to have a child
welfare plan that:
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(29) provides that, within 30 days after the
removal of a child from the custody of the
parent or parents of the child, the State shall
exercise due diligence to identify and
provide notice to all adult grandparents and
other adult relatives of the child (including
any other adult relatives suggested by the
parents), subject to exceptions due to family
or domestic violence, that—
(A) Specifies that the child has been or is
being removed from the custody of the parent
or parents of the child;
(B) explains the options the relative has
under Federal, State, and local law to
participate in the care and placement of the
child, including any options that may be lost
by failing to respond to the notice;
(C) describes the requirements under
paragraph (10) of this subsection to become
a foster family home and the additional
services and supports that are available for
children placed in such a home; and
(D) if the State has elected the option to
make kinship guardianship assistance
payments under paragraph (28) of this
subsection, describes how the relative
guardian of the child may subsequently enter
into an agreement with the State under
section 473(d) to receive the payments.
In addition, section 206 of the
Fostering Connections Act requires the
child welfare agency to make reasonable
efforts to place siblings removed from
their home in the same foster care,
kinship guardianship, or adoptive
placement, unless joint placement
would be contrary to the safety or wellbeing of any of the siblings, and to
provide for frequent visitation or other
ongoing interaction between the siblings
if the children are not placed in the
same home. Information in the Federal
PLS and State PLS regarding the
location of adult relatives and siblings
of children involved in child welfare
and foster care cases would assist IV–B
and IV–E State agencies to meet the
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requirements of sections 103 and 206 of
the Fostering Connections Act.
Comments received in response to the
March 3 and April 15, 2009 notices
indicate that the amendment made to
section 453(j)(3) of the Act made by the
Fostering Connections Act permits
disclosure of a broader range of
information to IV–B and IV–E agencies
for a broader range of authorized
purposes that was not fully addressed in
the September 26, 2008 regulation.
Therefore, this proposed regulation
expands disclosure of information to
IV–B and IV–E agencies to assist States
in carrying out their responsibilities
under those programs, including
locating relatives of children removed
from parental custody in order to
identify potential placements for the
child and assist the State agency in
permanency planning.
IV. Provisions in the Proposed
Regulations
Part 301
Sec. 301.1 Definitions (‘‘Agent of the
Child’’)
As discussed above, section 453 of the
Act, enacted in 1975 by Public Law 93–
647, prohibits the Federal PLS from
releasing confidential and personally
identifiable information about
individuals maintained by the IV–D
program, other than to an ‘‘authorized
person’’ for an authorized purpose.
Section 453(c) defines ‘‘authorized
person’’ as:
(1) any agent or attorney of any State
having in effect a plan approved under this
part, who has the duty or authority under
such plans to seek to recover any amounts
owed as child and spousal support or to seek
to enforce orders providing child custody or
visitation rights (including, when authorized
under the State plan, any official of a
political subdivision);
(2) the court which has authority to issue
an order against a noncustodial parent for the
support and maintenance of a child, or to
issue an order against a resident parent for
child custody or visitation rights, or any
agent of such court;
(3) the resident parent, legal guardian,
attorney, or agent of a child (other than a
child receiving assistance under a State
program funded under part A) (as determined
by regulations prescribed by the Secretary)
without regard to the existence of a court
order against a noncustodial parent who has
a duty to support and maintain any such
child; and
(4) a State agency that is administering a
program operated under a State plan under
subpart 1 of part B, or a State plan approved
under subpart 2 of part B or under part E.
Similarly, 45 CFR 302.35(c)(3), which
requires the State PLS to accept requests
for confidential and personally
identifiable information only from
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32149
authorized persons, incorporates the
definition of ‘‘authorized persons’’
specified in section 453(c).
As stated in section 453(c)(3), an
authorized person includes ‘‘the resident
parent, legal guardian, attorney, or agent
of a child (other than a child receiving
assistance under a program funded
under part A).’’ A ‘‘resident parent’’ lives
with the child and provides the child’s
day-to-day care. An individual who has
been appointed by court order as a
child’s ‘‘legal guardian’’ is legally
responsible for the child’s care and has
a legal obligation to act in the child’s
best interest. An ‘‘attorney’’ has an
ethical obligation to represent the
interests of the child, and is subject to
State licensure and professional
responsibility rules.10 The terms
resident parent, legal guardian and
attorney are commonly understood and
therefore are not further defined herein.
We also note that each of these
‘‘authorized persons’’ has a relationship
with the child that imposes an intrinsic
responsibility to assure protection of the
child’s welfare and interests. For
example, a private attorney involved in
a child support case has undertaken the
responsibility to provide legal
representation to the resident parent or
child related to the establishment,
modification or enforcement of a child
support obligation. An attorney-client
relationship has thus been created
which imposes an ethical and fiduciary
duty upon the attorney to represent the
child’s best interests, and the attorney is
subject to a Code of Professional
Responsibility. Since the term ‘‘agent of
a child,’’ on the other hand, is
susceptible to broad interpretation and,
as has been demonstrated, may
previously have included ‘‘agents’’ with
a pecuniary interest of their own that
may be inconsistent with the child’s
best interests, we believe that this term
warrants definition.
While the term ‘‘agent of a child’’ is
not defined in statute or rule, section
454(11)(B) of the Act, 42 U.S.C.
654(11)(B), also enacted in 1975 by
Public Law 93–647, (formerly, section
454(12) of the Act), is instructive.
Section 454(11)(B) requires States to
distribute child support payments as
specified in sections 456 and 457, 42
U.S.C. 656 and 657. Section 454(11)(B)
provides that a State plan must:
Provide that any payment required to be
made under section 456 or 457 to a family
shall be made to the resident parent, legal
10 See, e.g., In the Matter of Struthers, 179 Ariz.
216 (Arizona Sup. Ct., 1994), where the Arizona
Supreme Court disbarred a private attorney who
used a variety of tactics to collect child support that
violated rules of professional responsibility.
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guardian, or caretaker relative having
custody of or responsibility for the child or
children. (Emphasis added.)
A ‘‘caretaker relative’’ is a longstanding
term used in the Temporary Assistance
to Needy Families (TANF) program and
its predecessor program, Aid to Families
with Dependent Children (AFDC), to
refer to those relatives responsible for
the day-to-day care of children and who
are eligible to apply for cash assistance
for needy families, regardless of the
existence of a legal custody order or
legal guardianship status.11
We have carefully considered the
intent of Congress in designating an
‘‘agent of a child,’’ and believe the close
connection in language between
sections 453(c)(3) and 454(11)(B) and
the long-established understanding of
‘‘caretaker relative’’ for title IV–A
purposes is informative. Accordingly,
we propose to amend § 301.1 by adding
the following definition:
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Agent of a Child means a caretaker relative
having custody of or responsibility for the
child.
We believe that limiting the definition
of ‘‘agent of the child’’ to ‘‘caretaker
relative’’ is consistent with the other
terms in section 453(c) which identify
individuals with responsibility to
protect and further the child’s best
interest. As indicated, the proposed
definition has a statutory basis that is
derived from and consistent with
section 454(11)(B). The proposed
definition of the term ‘‘agent of a child’’
recognizes the practical reality that
children are sometimes left in the care
of a grandmother or other relative and,
even though the relative may not have
been appointed by a court as the child’s
legal guardian or have legal custody of
the child, the relative can be expected
to protect and act in the child’s best
interest. The definition also accords
with the responsibility of the
government to safeguard confidential
and personally identifiable information
and prevent misuse of the data.
This section is open to public
comment. We are specifically seeking
comments on this proposed definition
of ‘‘agent of a child’’ which will
supersede the 2002 and 2003 policy
options which allowed States to
determine whether or not to permit
disclosure of confidential and
personally identifiable information to
11 See, e.g., 42 U.S.C. 602(a)(1)(A); Rodriguez v.
Vowell, 472 F.2d 622 (5th Cir.), cert. denied 412
U.S. 944, 93 Sup. Ct. 2777, 37 L.Ed.2d 404 (1973)
(‘‘The plain language of the Social Security Act, its
legislative history, and the relevant decisional
precedent make clear that the needs of the caretaker
relative, as well as those of the dependent child, are
to be considered in deciding if a family is eligible
for an AFDC grant.’’)
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private child support collection
agencies. We also are seeking comments
on whether to add a definition of
‘‘attorney of the child’’ to the final rule.
Sec. 302.35 State Parent Locator
Service
The final regulation at § 302.35(a)
requires each State to maintain a State
PLS to provide locate information to
authorized persons for authorized
purposes. This paragraph is not open for
notice and comment and will not be
addressed in this NPRM. The effective
date of this paragraph is December 30,
2010.
The final regulation at § 302.35(b)
requires the State IV–D program to
maintain a central State PLS. This
paragraph is not open for notice and
comment and will not be addressed in
this NPRM. The effective date of this
paragraph is December 30, 2010.
In the final rule published on
September 26, 2008, the amendments to
§ 302.35(c) were intended to establish
safeguards for accessing locate
information in the State PLS and the
Federal PLS, specifically with respect to
requests from a resident parent, legal
guardian, attorney, or agent of a non-IV–
D child. We propose to open only
paragraph (c)(3) for comment.
Paragraphs (c)(1), (c)(2) and (c)(4) will
remain intact. The effective date of
those parts of these paragraphs is
December 30, 2010.
We propose to eliminate
§ 302.35(c)(3)(iii) which includes a
provision that an agent of a child not
receiving assistance under title IV–A
may provide evidence of a contract that
meets the requirements of State law that
will allow information to be provided to
that agent. We are deleting this language
because of the concerns identified by
Departmental officials regarding
disclosure of information to private
child support collection agencies as
discussed earlier in the preamble. We
also would renumber § 302.35(c)(3)(iv)
as § 302.35(c)(3)(iii).
The Fostering Connections Act has
raised questions about the extent to
which data maintained in the Federal
PLS and State PLS is available to assist
State child welfare agencies in carrying
out their program responsibilities to
locate potential placements for a child
removed from parental custody and for
permanency planning purposes. With
the enactment of the Fostering
Connections Act, there are now two
separate sections of the Act that provide
authority for the IV–D program to
disclose information to State IV–B and
IV–E agencies. Section 453(c) of the
Social Security Act was amended in
1997 by The Adoption and Safe
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Families Act (Pub. L. 105–89) to include
State IV–B and IV–E programs as
authorized persons that may receive
specified information under section
453(a) about the location, income and
assets of a person ‘‘who has or may have
parental rights with respect to a child.’’
Subsequently, the Fostering
Connections Act amended section
453(j)(3) of the Social Security Act to
authorize the Secretary to provide
information to assist States in carrying
out their responsibilities under part IV–
B and IV–E. We are particularly seeking
comments on proposed language with
respect to two overarching issues. The
first issue is whether the language in the
Fostering Connections Act broadens the
types of Federal PLS information
otherwise available to State child
welfare agencies under section 453
concerning parents and non-parent
relatives of children involved in child
welfare cases. The second issue is
whether State IV–D programs should
have the flexibility to provide a broader
range of State PLS information to State
child welfare agencies, for example,
under an interagency agreement.
We are thus specifically soliciting
comments on proposed section
302.35(d) regarding the scope of
information that may be disclosed from
the Federal PLS and State PLS
concerning parents and non-parent
relatives of children involved in child
welfare cases pursuant to section
453(j)(3), as amended by the Fostering
Connections Act. Data maintained in the
Federal and State PLS may include
information about the individual’s
location, income and employment
benefits such as health insurance,
assets, debts, child support payment
history, and the family violence
indicator (FVI), as well as other
confidential information found in the
automated system. We are specifically
seeking comments as to: (1) Whether the
information disclosed about parents of a
child involved in a IV–B or IV–E case
should be broader than information
disclosed about non-parent relatives; (2)
whether each State IV–D agency should
have the option to provide a broader
range of data elements to the State child
welfare agency than available through
the Federal PLS; and (3) the manner of
data exchange between the State PLS
and State child welfare agency, for
example through the use of an
interagency agreement or a
memorandum of understanding. To that
end, we have proposed language in
302.35(d)(2) to allow for a broader range
of information that can be shared.
We are opening section 302.35(d) for
comment. Section 302.35(d)(1) permits
access by State IV–B and IV–E agencies
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to the State PLS locate function and the
data elements listed in section 453(a)
with respect to information about
custodial parents, non-custodial
parents, and putative fathers. We are
specifically soliciting comments on this
section of the regulation with respect to
(1) authorized purposes for disclosure
and (2) the scope of information
available to IV–B and IV–E agencies
about parents of children involved in
IV–B and IV–E cases.
We propose to redesignate section
§ 302.35(d)(2) of the September 26, 2008
rule as § 302.35(d)(3) and add a new
§ 302.35(d)(2) to identify the
information that can be shared with IV–
B and IV–E agencies to locate children
and their relatives involved in IV–B and
IV–E cases. This paragraph, which
addresses information available from
the State PLS, would permit disclosure
for these reasons: Information about
children and their relatives involved in
a IV–B or IV–E case in order to assist
State child welfare agencies in carrying
out their program responsibilities to
locate relatives for potential placement
of a child removed from parental
custody, to place siblings in groups, and
to otherwise assist State agencies in
their permanency planning
responsibilities under the authority of
section 453(j) of the Act, for example, by
providing information regarding the
Family Violence Indicator (FVI) or
information about a child’s paternity
status. We are specifically soliciting
comments on this section of the
regulation on the appropriate balance to
strike between assisting IV–B and IV–E
programs in placing children, and
safeguarding the privacy of relatives
whose information may be included in
the Federal or State PLS. This section
does not apply to IV–D information
maintained outside of the State PLS,
such as payment records.
The proposed language is clear that
the State PLS information may also be
disclosed to State IV–A agencies for the
purpose of assisting States to carry out
their responsibilities to administer title
IV–A programs. These programs include
the TANF program, which funds cash
assistance, workforce and other services,
as well as Tribal programs operating
under title IV–A authority.
The final regulation at § 302.35(e)
addresses locate information subject to
disclosure. This portion of the
regulation is not open for notice and
comment and is not addressed in this
NPRM. The effective date of this
paragraph is December 30, 2010.
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Part 303
Sec. 303.3 Location of Noncustodial
Parents in a IV–D Case
This portion of the regulation is not
open for notice and comment and is not
addressed in this NPRM. The effective
date of this paragraph is December 30,
2010.
Sec. 303.20 Minimum Organizational
and Staffing Requirements
We propose to amend paragraph (b)(7)
of this section of the regulation to
ensure consistency throughout this
chapter based on proposed amendments
to §§ 302.35 and 303.70.
This section is open for public
comment.
Sec. 303.21 Safeguarding and
Disclosure of Confidential Information
Prior to the passage of PRWORA, the
safeguarding regulation at 45 CFR
§ 303.21 allowed the disclosure of
information connected to the
administration of any Federal or
federally assisted program which
provides assistance, in cash or in kind,
or services, directly to individuals on
the basis of need. These needs-based
programs included the Food Stamps
program (now SNAP), as well as the
AFDC program authorized under title
IV–A (now TANF). The safeguarding
rule was eliminated by interim final
rule, published in the Federal Register
on February 9, 1999 (64 FR 6237) in
response to the President’s
Memorandum of March 4, 1995 to heads
of Departments and Agencies which
announced a government-wide
Regulatory Reinvention Initiative to
reduce or eliminate obsolete regulations
and mandated burdens on States, other
governmental agencies, or the private
sector.
As mentioned earlier in the preamble,
during the comment solicitation period,
the Department received a comment that
the rule appeared to prohibit the State
IV–D agency from disclosing such
information as the child support
payment records to SNAP. This was not
the Department’s intent. The Food,
Conservation, and Energy Act of 2008,
Public Law 110–246, enacted on June
18, 2008, amended section 453(j)(10) of
the Act to permit disclosure, for
purposes of administering a
supplemental nutrition assistance
program under the Food and Nutrition
Act of 2008, of information on the
individuals and their employers
maintained in the National Directory of
New Hires. To comply with the changes
made to section 453(j)(10) of the Act,
and, in accordance with section
454A(f)(3) of the Act, this NPRM
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32151
proposes to reinstate permission for
disclosure of information, including the
child support payment records, to
SNAP.
Accordingly, we propose to amend
paragraph § 303.21(d)(1) to include
disclosures of information to the State
agency administering SNAP. The
remainder of § 303.21 is not open for
notice and comment and is not
addressed in this NPRM.
This section is open to public
comment.
Sec. 303.69 Requests by Agents or
Attorneys of the United States for
Information From the Federal Parent
Locator Service (PLS)
We propose to make a technical
amendment to this section of the
regulation to ensure consistency
throughout this chapter based on
proposed amendments to § 303.70.
Current § 303.69(c) references
§ 303.70(c); the proposed technical
amendment changes the reference to
§ 303.70(d). We propose to amend only
§ 303.69(c). The remainder of § 303.69 is
not open for notice and comment and is
not addressed in this NPRM.
This section is open to public
comment.
Sec. 303.70 Procedures for
Submissions to the State Parent Locator
Service (State PLS) or the Federal Parent
Locator Service (Federal PLS).
We propose to amend paragraph (a) of
§ 303.70 to include a provision
consistent with the proposed change to
§ 302.35 to permit the release of
information for IV–B and IV–E
purposes, including implementation of
the Fostering Connections Act.
This section is open to public
comment.
Section 303.70 paragraphs (b)–(d) are
not open for comment. These
paragraphs remain unchanged. The
effective date of these paragraphs is
December 30, 2010.
We propose to amend paragraph
(e)(1)(i) of § 303.70 to include a
provision to permit disclosure of
information about children and relatives
involved in a IV–B or IV–E case in order
to assist State child welfare agencies in
carrying out their program
responsibilities to locate relatives for
potential placement of a child removed
from parental custody, to place siblings
in groups, and to otherwise assist State
agencies in their permanency planning
responsibilities under the authority of
section 453 of the Act consistent with
the proposed changes to §§ 303.35 and
303.70(a).
This section is open to public
comment.
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Because section 303.70(e)(2) of the
rule refers to ‘‘agent of a child’’ and also
refers to § 302.35, in which changes
were proposed, this section is open for
comment. The remainder of this section
is not open for comment.
Part 307
Sec. 307.13 Security and
Confidentiality for Computerized
Support Enforcement Systems in
Operation After October 1, 1997
Part 307 of the rule addresses
computerized system data integrity and
security. Computerized child support
enforcement systems are required to
have safeguards protecting the integrity,
accuracy, completeness of, access to,
and use of information in the
computerized support enforcement
system. Section § 307.13 is not opened
in its entirety for comment. We are
proposing a change to § 307.13(a)(3),
(4)(iii) and (iv). These sections are open
to public comment. The remainder of
§ 307.13 is not opened for comment.
We propose to amend § 307.13(a)(3) to
include a provision consistent with the
proposed change to § 303.21 permitting
the release of information to State
agencies administering SNAP.
As mentioned earlier in the preamble,
this proposed regulation addresses
release of information to IV–B and IV–
E agencies to locate parents, children
and relatives of children and other
disclosures needed to carry out their
program responsibilities. For these
reasons we propose at § 307.13(a)(4)(iii)
and (iv) that NDNH and FCR
information may be disclosed without
independent verification to title IV–B
and IV–E agencies to locate parents and
putative fathers for the purpose of
establishing parentage or establishing
parental rights with respect to a child
and that disclosure be allowed without
independent verification to title IV–D,
IV–A, IV–B and IV–E agencies for the
purpose of assisting States to carry out
their responsibilities to administer title
IV–D, IV–A, IV–B and IV–E programs.
For clarity, the following appendices
lay out the type of information that can
be shared. The charts reflect the
information as written in the NPRM.
Appendix A addresses information
available to locate individuals through
the State PLS. Appendix B addresses
information available to locate an
individual sought in a child custody/
visitation or parental kidnapping case.
Appendix C provides the authorities for
State IV–D agencies to release
information to title IV, XIX, XXI, SNAP
and other specified programs.
APPENDIX A—LOCATING INDIVIDUALS THROUGH THE STATE PLS § 302.35
Authorized
person/program
Authorized purpose of
the request
Persons about whom
information may be
asked
Agent/attorney of a
State who has the
duty or authority to
collect child and
spousal support
under the IV–D plan;
Section 453(c)(1).
Establish paternity;
establish, set the
amount, modify, or
enforce child support obligations
and/or to facilitate
the location of any
individual who is
under an obligation
to pay child support, against whom
such an obligation
is sought, or to
whom such an obligation is owed.
Locate a parent or
child involved in a
non-IV–D child support case to disburse an income
withholding collection; Section
453(a)(2).
To facilitate the location of any individual who is under
an obligation to pay
child support,
against whom such
an obligation is
sought, or to whom
such an obligation
is owed.
Locate a parent or
child involved in a
non-IV–D child support case.
Noncustodial Parent;
Putative Father;
Custodial Parent;
Child; Section
453(a)(2)(A).
Federal Parent Loca- Six Elements: PerSee footnote.
tor Service; In-state
son’s Name, Persources in accordson’s SSN, Perance with State law.
son’s address, Employer’s name, Employer’s address,
Employer Identification Number; Section 453(a)(2)(A)(iii).
Wages, income, and
benefits of employment, including
health care coverage; Section
453(a)(2)(B).
Type, status, location,
and amount of assets or debts owed
by or to the individual; Section
453(a)(2)(C).
Noncustodial Parent;
Custodial Parent;
Putative Father;
Child.
Federal Parent Loca- Six Elements as
tor Service; In-state
above, plus:
sources in accordWages, income,
ance with State law.
and benefits of employment, including
health care coverage; Section
453(a)(2)(B).
Type, status, location,
and amount of assets or debts owed
by or to the individual; Section
453(a)(2)(C).
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Court that has the authority to issue an
order against an
NCP for the support
and maintenance of
child, or to serve as
the initiating court in
an action to seek a
child support order;
Section 453(c)(2).
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E:\FR\FM\07JNP1.SGM
Authorized
information
returned
07JNP1
Limitations1
No Internal Revenue
Service (IRS) information provided for
non-IV–D cases
unless independently verified.
No Multistate Financial Institution Data
Match (MSFIDM)
and no State Financial Institution
Data Match (FIDM)
information provided for non-IV–D
cases.
No required subsequent attempts to
locate unless there
is a new request.
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APPENDIX A—LOCATING INDIVIDUALS THROUGH THE STATE PLS § 302.35—Continued
Authorized
person/program
Authorized purpose of
the request
Resident parent, legal
guardian, attorney,
or agent of a child
not receiving IV–A
benefits (a non-IV–D
request); Section
453(c)(3) 2.
To facilitate the location of any individual who is under
an obligation to pay
child support,
against whom such
an obligation is
sought, or to whom
such an obligation
is owed, or who
has or may have
parental rights with
respect to the child.
Locate a parent or
child involved in a
non-IV–D child support case.
State agency that is
To facilitate the locaadministering a
tion of any indiChild and Family
vidual who has or
Services program
may have parental
(IV–B) or a Foster
rights with respect
Care and Adoption
to the child, Section
IV–E program; Sec453(a)(2)(iv); and
tions 453(c)(4),
to assist states in
453(j)(3), and 454(8).
carrying out their
responsibilities
under title IV–B
and IV–E programs; Sections
453(j)(3) and
454(8).
State agency that is
To assist states in
administering a
carrying out their
Child and Family
responsibilities
Services program
under title IV–B
(IV–B) or a Foster
and IV–E proCare and Adoption
grams; Sections
IV–E program; Sec453(j)(3) and
tions 453(j)(3) and
454(8).
454(8).
Persons about whom
information may be
asked
Sources searched
Authorized
information
returned
Noncustodial Parent;
Putative Father.
Federal Parent Loca- Six Elements as
tor Service; In-state
above, plus:
sources in accordWages, income,
ance with State law.
and benefits of employment, including
health care coverage; Section
453(a)(2)(B).
Type, status, location,
and amount of assets or debts owed
by or to the individual; Section
453(a)(2)(C).
Noncustodial Parent;
Putative Father;
Custodial Parent
Child; Sections
453(a)(2)(A),
453(j)(3), and
454(8).
Federal Parent Loca- Six Elements as
tor Service; In-state
above, plus:
sources in accordWages, income,
ance with State law.
and benefits of employment, including
health care coverage.
Type, status, location,
and amount of assets or debts owed
by or to the individual; Section
453(a)(2)(C).
Relatives of a child
involved in a IV–B
or IV–E case.
Federal Parent Loca- Six Elements as
tor Service; In-state
above.
sources in accordance with State law.
Limitations1
Child not receiving
IV–A benefits.
No IRS Information.
No MSFIDM and no
State FIDM information provided for
non-IV–D cases.
In a non-IV–D request, attestation
and evidence is required as specified
in § 302.35(c)(3)(i)–
(iii).
No required subsequent attempts to
locate unless there
is a new request.
No IRS information
unless independently verified.
No MSFIDM information and no State
FIDM information
provided.
No IRS information
unless independently verified.
No MSFIDM information and no State
FIDM information
provided.
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1 No information shall be disclosed if the disclosure of such information would contravene the national policy or security interests of the United
States or the confidentiality of census data. No information shall be disclosed if the State has reasonable evidence of domestic violence or child
abuse and the disclosure of such information could be harmful to the CP or child. See Section 453(b)(2) for release process to court or agent of
the court.
2 A Tribal IV–D program may request access to the Federal PLS under this authority. See PIQ–07–02/TPIQ–07–02, Q&R 7.
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APPENDIX B—LOCATING AN INDIVIDUAL SOUGHT IN A CHILD CUSTODY/VISITATION OR PARENTAL KIDNAPPING CASE
Type of request
Authorized
person/program
Authorized
purpose of
the request
About whom
information may
be requested
LOCATING AN INDIVIDUAL
SOUGHT IN A
CHILD CUSTODY OR VISITATION CASE.
Any agent or attorney of any
State who has
the authority/
duty to enforce
a child custody
or visitation determination;
§ 463(d)(2)(A).
A court, or agent
of the court,
having jurisdiction to make or
enforce a child
custody or visitation determination;
§ 463(d)(2)(B).
Agent or attorney
of the U.S. or a
State who has
authority/duty to
investigate, enforce, or prosecute the unlawful taking or
restraint of a
child;
§ 463(d)(2)(C).
Determining the
whereabouts of
a parent or
child to make or
enforce a custody or visitation determination; § 463(a)(2).
A parent or child;
§ 463(a).
Federal Parent
Locator Service;
In-state sources
in accordance
with State law.
Only the three following elements: Person’s
address, Employer’s name,
Employer’s address; § 463(c).
See footnote.
No IRS information provided.
No MSFIDM or
State FIDM information provided.
No subsequent attempts to locate
unless there is
a new request.
Determining the
whereabouts of
a parent or
child to enforce
any State or
Federal law
with respect to
the unlawful
taking or restraint of a
child;
§ 463(a)(1).
A parent or child;
§ 463(a).
Federal Parent
Locator Service;
In-state sources
in accordance
with State law.
Only the three following elements: Person’s
address, Employer’s name,
Employer’s address; § 463(c).
See footnote.
No IRS information provided.
No MSFIDM or
State FIDM information provided.
No subsequent attempts to locate
unless there is
a new request.
LOCATING AN INDIVIDUAL
SOUGHT IN A
PARENTAL KIDNAPPING CASE.
Sources searched
Authorized
information
returned
Limitations1
1 No information shall be disclosed if the disclosure of such information would contravene the national policy or security interests of the United
States or the confidentiality of census data. No information shall be disclosed if the State has reasonable evidence of domestic violence or child
abuse and the disclosure of such information could be harmful to the CP or child. See Section 453(b)(2) for release process to court or agent of
the court.
APPENDIX C—AUTHORITY FOR STATE IV–D AGENCIES TO RELEASE INFORMATION TO NON-IV–D FEDERAL, STATE, AND
TRIBAL PROGRAMS
Authorized purpose
of request
Authorized person/program
Authorized information
returned
Limitations
Sections 453 and
454A(f)(3) of the Act,
Section 1102 of the Act;
and 45 CFR 307.13.
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Authority
To perform State or Tribal
agency responsibilities
of designated programs.
State or Tribal agencies
administering title IV,
XIX, and XXI, and SNAP
programs.
Confidential information
found in automated system.
No Internal Revenue Service information unless
independently verified.
No MSFIDM or State
FIDM information provided.
No NDNH and FCR information for title XIX and
XXI unless independently verified.
For IV–B/IV–E, for purpose
of section 453(a)(2) of
the Act can have NDNH
and FCR information
without independent
verification.
—Any other purpose requires independent
verification.
For IV–A NDNH/FRC information for purposes of
section 453(j)(3) of the
Act without independent
verification.
—Need verification for
other purposes.
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APPENDIX C—AUTHORITY FOR STATE IV–D AGENCIES TO RELEASE INFORMATION TO NON-IV–D FEDERAL, STATE, AND
TRIBAL PROGRAMS—Continued
Authorized purpose
of request
Authority
Sections 453A(h)(2) and
1137 of the Act—State
Directory of New Hires.
Income and eligibility
verification purposes of
designated programs.
Paperwork Reduction Act
Section 302.35(c) contains an
information collection requirement. As
required by the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507(d)), the
Administration for Children and
Families has submitted a copy of this
section to the Office of Management and
Budget (OMB) for its review in tandem
with the final rule published on
September 26, 2008. There are no
changes to this section.
Regulatory Flexibility Analysis
The Secretary certifies that, under 5
U.S.C. 605(b), as enacted by the
Regulatory Flexibility Act (Pub. L. 96–
354), this rule will not result in a
significant impact on a substantial
number of small entities. The primary
impact is on State governments. State
governments are not considered small
entities under the Act.
Regulatory Impact Analysis
Executive Order 12866 requires that
regulations be reviewed to ensure that
they are consistent with the priorities
and principles set forth in the Executive
Order. The Department has determined
that this rule is consistent with these
priorities and principles. The proposed
changes would not significantly alter
States’ child support enforcement
operations. This regulation responds to
State requests for guidance on data
privacy issues and therefore should not
raise negative impact concerns.
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Unfunded Mandates Reform Act of
1995
Section 202 of the Unfunded
Mandates Reform Act of 1995 requires
that a covered agency prepare a
budgetary impact statement before
promulgating a rule that includes any
Federal mandate that may result in the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year. If a covered agency
must prepare a budgetary impact
statement, section 205 further requires
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15:25 Jun 04, 2010
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Authorized information
returned
State agencies administering title IV–A, Medicaid, unemployment
compensation, food
stamps, or other State
programs under a plan
approved under title I, X,
XIV, or XVI of the Act.
SDNH information: Individual’s name, address and
SSN; employer’s name,
address, and Federal
employer identification
number.
Limitations
that it select the most cost-effective and
least burdensome alternative that
achieves the objectives of the rule and
is consistent with the statutory
requirements. In addition, section 203
requires a plan for informing and
advising any small governments that
may be significantly or uniquely
impacted by the rule. We have
determined that this rule will not result
in the expenditure by State, local, and
Tribal governments, in the aggregate, or
by the private sector, of more than $100
million in any one year. Accordingly,
we have not prepared a budgetary
impact statement, specifically addressed
the regulatory alternatives considered,
or prepared a plan for informing and
advising any significantly or uniquely
impacted small governments. There are
no costs associated with this regulation.
It clarifies the protection of confidential
information contained in the records of
State child support enforcement
agencies.
either, imposes substantial direct
compliance costs on State and local
governments and is not required by
statute, or the rule preempts State law,
unless the agency meets the
consultation and funding requirements
of section 6 of the Executive Order. This
rule does not have federalism impact as
defined in the Executive Order.
Congressional Review
This notice of proposed rule making
is not a major rule as defined in 5 U.S.C.
chapter 8.
(Catalog of Federal Domestic Assistance
Programs No. 93.563, Child Support
Enforcement Program.)
Assessment of Federal Regulations and
Policies on Families
Section 654 of the Treasury and
General Government Appropriations
Act of 1999 requires Federal agencies to
determine whether a proposed policy or
regulation may affect family well-being.
If the agency’s determination is
affirmative, then the agency must
prepare an impact assessment
addressing seven criteria specified in
the law. This regulation protects the
confidentiality of information contained
in the records of State child support
enforcement agencies. These regulations
will not have an adverse impact on
family well-being as defined in the
legislation.
Executive Order 13132
Executive Order 13132 prohibits an
agency from publishing any rule that
has federalism implications if the rule
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List of Subjects
45 CFR Part 302
Child support, Grants programs/social
programs, Reporting and recordkeeping
requirements.
45 CFR Part 303
Child support, Grant programs/social
programs, Reporting and recordkeeping
requirements.
45 CFR Part 307
Child support, Grant programs/social
programs, computer technology,
requirements.
Dated: February 19, 2010.
Carmen R. Nazario,
Assistant Secretary for Children and Families.
Approved: March 31, 2010.
Kathleen Sebelius,
Secretary of Health and Human Services.
Accordingly, the Department of
Health and Human Services proposes to
amend 45 CFR part 301 and to further
amend 45 CFR parts 302, 303, and 307,
as amended September 26, 2008 (73 FR
56443), effective March 23, 2009, and
delayed March 20, 2009 (74 FR 11880),
until May 22, 2009, and delayed again
May 22, 2009 (74 FR 23798), until
December 30, 2010, as follows:
PART 301—STATE PLAN
REQUIREMENTS
1. The authority citation for part 301
continues to read as follows:
Authority: 42 U.S.C. 651 through 658, 660,
664, 666, 667, 1301, and 1302.
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2. Section 301.1 is amended by
adding a definition for ‘‘agent of a child’’
in alphabetical order to read as follows:
§ 301.1
General definitions.
*
*
*
*
*
Agent of a child means a caretaker
relative having custody of or
responsibility for the child.
*
*
*
*
*
PART 302—STATE PLAN
REQUIREMENTS
3. The authority citation for part 302
continues to read as follows:
Authority: 42 U.S.C. 651 through 658, 660,
663, 664, 666, 667, 1302, 1396a(a)(25),
1396b(d)(2), 1396b(o), 1396b(p), 1396(k).
4. Amend § 302.35 by revising
paragraphs (c)(3) and (d) to read as
follows:
§ 302.35
State parent locator service.
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*
*
*
*
*
(c) * * *
(3) The resident parent, legal
guardian, attorney, or agent of a child
who is not receiving assistance under
title IV–A of the Act only if the
individual:
(i) Attests that the request is being
made to obtain information on, or to
facilitate the discovery of, any
individual in accordance with section
453(a)(2) of the Act for the purpose of
establishing parentage, establishing,
setting the amount of, modifying, or
enforcing child support obligations;
(ii) Attests that any information
obtained through the Federal or State
PLS shall be used solely for these
purposes and shall be otherwise treated
as confidential;
(iii) Pays the fee required for Federal
PLS services under section 453(e)(2) of
the Act and § 303.70(f)(2)(i) of this
chapter, if the State does not pay the fee
itself. The State may also charge a fee
to cover its costs of processing the
request, which must be as close to
actual costs as possible, so as not to
discourage requests to use the Federal
PLS. If the State itself pays the fee for
use of the Federal PLS or the State PLS
in a non-IV–D case, Federal financial
participation is not available in those
expenditures.
*
*
*
*
*
(d) Authorized purposes for requests
and scope of information provided. The
State PLS shall obtain location
information under this section only for
the purpose specified in paragraphs
(d)(1), (d)(2) and (d)(3) of this section.
(1) To locate an individual with
respect to a child in a IV–D, non-IV–D,
IV–B, or IV–E case. The State PLS shall
locate individuals for the purpose of
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establishing parentage, or establishing,
setting the amount of, modifying, or
enforcing child support obligations or
for determining who has or may have
parental rights with respect to a child.
For these purposes, only information in
the Federal PLS or the State PLS may be
provided. This information is limited to
name, Social Security Number(s), most
recent address, employer name and
address, employer identification
number, wages or other income from,
and benefits of, employment, including
rights to, or enrollment in, health care
coverage, and asset or debt information.
(2) To assist States in carrying out
their responsibilities under title IV–D,
IV–A, IV–B, and IV–E programs. In
addition to the information that may be
released pursuant to paragraph (d)(1) of
this section, State PLS information may
be disclosed to State IV–D, IV–A, IV–B,
and IV–E agencies for the purpose of
assisting States to carry out their
responsibilities to administer title IV–D,
IV–A, IV–B, and IV–E programs,
including information to locate an
individual who is a child or a relative
of a child in a IV–B or IV–E case.
Information that may be disclosed about
relatives of children involved in IV–B
and IV–E cases is limited to name,
Social Security Number(s), most recent
address, employer name and address
and employer identification number.
(3) To locate an individual sought for
the unlawful taking or restraint of a
child or for child custody or visitation
purposes. The State PLS shall locate
individuals for the purpose of enforcing
a State law with respect to the unlawful
taking or restraint of a child or for
making or enforcing a child custody or
visitation determination as defined in
section 463(d)(1) of the Act. This
information is limited to most recent
address and place of employment of a
parent or child.
*
*
*
*
*
PART 303—STANDARDS FOR
PROGRAM OPERATIONS
5. The authority citation for part 303
continues to read as follows:
Authority: 42 U.S.C. 651 through 658, 660,
663, 664, 666, 667, 1302, 1396a(a)(25),
1396b(d)(2), 1396b(o), 1396b(p) and 1396(k).
6. Amend § 303.21 by revising
paragraph (d)(1) introductory text to
read as follows:
§ 303.21 Safeguarding and disclosure of
confidential information.
*
*
*
*
*
(d) Authorized disclosures. (1) Upon
request, the IV–D agency may, to the
extent that it does not interfere with the
IV–D agency meeting its own
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obligations and subject to such
requirements as the Office may
prescribe, disclose confidential
information to State agencies as
necessary to assist them to carry out
their responsibilities under plans and
programs funded under titles IV
(including Tribal programs under title
IV), XIX, or XXI of the Act, and the
Supplemental Nutrition Assistance
Program (SNAP), including:
*
*
*
*
*
7. Revise § 303.69(c) to read as
follows:
§ 303.69 Requests by agents or attorneys
of the United States for information from
the Federal Parent Locator Service (PLS).
*
*
*
*
*
(c) All requests under this section
shall contain the information specified
in § 303.70(d) of this part.
*
*
*
*
*
8. Amend § 303.70 by revising
paragraphs (a), (e) introductory text,
(e)(1)(i), and (e)(2) to read as follows:
§ 303.70 Procedures for submissions to
the State Parent Locator Service (State PLS)
or the Federal Parent Locator Service
(Federal PLS).
(a) The State agency will have
procedures for submissions to the State
PLS or the Federal PLS for the purpose
of locating parents, putative fathers, or
children for the purpose of establishing
parentage or establishing, setting the
amount of, modifying, or enforcing
child support obligations; 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 463(d)(1) of the Act, or for the
purpose of assisting State agencies to
carry out their responsibilities under
title IV–D, IV–A, IV–B, and IV–E
programs.
*
*
*
*
*
(e) The director of the IV–D agency or
his or her designee shall attest annually
to the following:
(1)(i) The IV–D agency will only
obtain information to facilitate the
location of any individual in accordance
with section 453(a)(2) of the Act for the
purpose of establishing parentage,
establishing, setting the amount of,
modifying, or enforcing child support
obligations, or for determining who has
or may have parental rights with respect
to a child, or in accordance with section
453(a)(3) of the Act for enforcing a State
law with respect to the unlawful taking
or restraint of a child, or for making or
enforcing a child custody or visitation
determination as defined in section
463(d)(1) of the Act, or in accordance
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with section 453(j)(3) of the Act for the
purpose of assisting State agencies to
carry out their responsibilities under
title IV–D, IV–A, IV–B, and IV–E
programs.
*
*
*
*
*
(2) In the case of a submittal made on
behalf of a resident parent, legal
guardian, attorney or agent of a child
not receiving assistance under title IV–
A, the IV–D agency must verify that the
requesting individual has complied
with the provisions of § 302.35 of this
chapter.
*
*
*
*
*
PART 307—COMPUTERIZED
SUPPORT ENFORCEMENT SYSTEMS
IN OPERATION AFTER OCTOBER 1,
1997
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9. The authority citation for part 307
continues to read as follows:
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Authority: 42 U.S.C. 652 through 658, 664,
666 through 669A, and 1302.
10. Amend § 307.13 by revising
paragraphs (a)(3), (4)(iii), and (iv) to
read as follows:
§ 307.13 Security and confidentiality for
computerized support enforcement
systems in operation after October 1, 1997.
*
*
*
*
*
(a) * * *
(3) Permit disclosure of information to
State agencies administering programs
under titles IV (including Tribal
programs under title IV), XIX, and XXI
of the Act, and SNAP, to the extent
necessary to assist them to carry out
their responsibilities under such
programs in accordance with section
454A(f)(3) of the Act, to the extent that
it does not interfere with the IV–D
program meeting its own obligations
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32157
and subject to such requirements as
prescribed by the Office.
(4) * * *
(iii) NDNH and FCR information may
be disclosed without independent
verification to IV–B and IV–E agencies
to locate parents and putative fathers for
the purpose of establishing parentage or
establishing parental rights with respect
to a child; and
(iv) NDNH and FCR information may
be disclosed without independent
verification to title IV–D, IV–A, IV–B
and IV–E agencies for the purpose of
assisting States to carry out their
responsibilities to administer title IV–D,
IV–A, IV–B and IV–E programs.
[FR Doc. 2010–13021 Filed 6–4–10; 8:45 am]
BILLING CODE P
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]]>Agencies
[Federal Register Volume 75, Number 108 (Monday, June 7, 2010)]
[Proposed Rules]
[Pages 32145-32157]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13021]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Parts 301, 302, 303, and 307
Safeguarding Child Support Information
AGENCY: Office of Child Support Enforcement (OCSE), Administration for
Children and Families (ACF), Department of Health and Human Services
(HHS).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA) created and expanded State and
Federal Child Support Enforcement databases under title IV-D of the
Social Security Act and significantly enhanced access to information
for title IV-D child support purposes. States are moving toward more
integrated service delivery to better serve the families and further
the mission of the child support enforcement program, while protecting
confidential data. This Notice of Proposed Rulemaking (NPRM) proposes
requirements for: State Parent Locator Service responses to authorized
location requests; and State Child Support Enforcement program
safeguards for confidential information and authorized disclosures of
this information. This proposed rule would revise certain aspects of
the final rule State Parent Locator Service; Safeguarding Child Support
Information Final Rule published on September 26, 2008 and effective
December 30, 2010. This NPRM will prohibit disclosure of confidential
and personally identifiable information to private collection agencies
and expand disclosure to child welfare programs and the Supplemental
Nutrition Assistance Program (SNAP).
DATES: Consideration will be given to comments received on or before
August 6, 2010.
ADDRESSES: You may submit comments by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Interested persons are invited to submit written
comments via regular postal mail to: Office of Child Support
Enforcement, Administration for Children and Families, 370 L'Enfant
Promenade, SW., 4th Floor, Washington, DC 20447, Attention: Division of
Policy; Mail Stop: ACF/OCSE/DP.
[[Page 32146]]
FOR FURTHER INFORMATION CONTACT: Paige Hausburg, OCSE, Division of
Policy, (202) 401-5635, e-mail paige.hausburg@acf.hhs.gov. Deaf and
hearing-impaired individuals may call the Federal Dual Party Relay
Service at 1-800-877-8339 between 8 a.m. and 5 p.m. eastern time.
SUPPLEMENTARY INFORMATION:
I. Statutory Authority
This NPRM is published under the authority granted to the Secretary
of the United States Department of Health and Human Services
(Secretary) by sections 1102, 453, 454, 454A, and 463 of the Social
Security Act (the Act). Section 1102 of the Act, 42 U.S.C. 1302,
authorizes the Secretary to publish regulations that may be necessary
for the efficient administration of the Child Support Enforcement
program authorized under title IV-D of the Act (IV-D program).
The provisions of this NPRM pertaining to the Federal Parent
Locator Service (Federal PLS) implement sections 453 of the Act, 42
U.S.C. 653. Section 453 requires the Secretary to establish and conduct
a Federal Parent Locator Service (Federal PLS) to obtain and transmit
specified information only to authorized persons for purposes of
establishing parentage, or establishing, modifying, or enforcing child
support obligations. Section 453 of the Act, 42 U.S.C. 653 also
authorizes the Secretary to disclose information in the Federal PLS to
the State Child Support Enforcement program (authorized under title IV-
D of the Social Security Act), Temporary Assistance to Needy Families
program (TANF or IV-A program authorized under title IV-A of the Social
Security Act), Child Welfare Services program (IV-B program authorized
under title IV-B of the Act), and Foster Care and Adoption Assistance
program (IV-E program authorized under title IV-E of the Act) to assist
States in carrying out their responsibilities under those programs.
Section 463 of the Act, 42 U.S.C. 663, also permits States to use
information in the Federal PLS for the purpose of enforcing any Federal
or State law with respect to a parental kidnapping or making or
enforcing a child custody or visitation determination. In addition, the
provisions of this NPRM pertaining to the State Parent Locator Service
(State PLS) implement sections 454(8) and (17), 42 U.S.C. 654(8) and
(17), which require each State IV-D program to establish a State Parent
Locator Service (State PLS) to locate parents by exchanging data with
the Federal PLS and utilizing other information sources and records.
Several sections of the Act require safeguarding measures for
information contained in State and Federal databases, including the
National Directory of New Hires (NDNH) and the Federal Case Registry
(FCR). Section 454(8) requires States receiving funding under title IV-
D to have a State plan providing that the State IV-D program will: (1)
Establish a service to locate parents utilizing all sources of
information and available records and the Federal PLS; and (2) disclose
the information described in sections 453 and 463 only to the
``authorized persons'' specified in sections 453 and 463, subject to
the privacy safeguards in section 454(26) of the Act. In addition,
sections 453(m) and 463(c) restrict disclosure of confidential
information maintained by the Federal PLS only to an ``authorized
person'' for an authorized purpose and require the Secretary to
establish and implement safeguards designed to restrict access to
confidential information in the Federal PLS to authorized persons for
authorized purposes. Section 453(l), 42 U.S.C. 653(l), also specifies
that information in the FPLS shall not be used or disclosed except as
expressly provided in section 453. Section 454(26), 42 U.S.C. 654(26),
requires the State IV-D agency to have in effect safeguards, applicable
to all confidential information handled by the State agency, that are
designed to protect the privacy rights of the parties. Additionally,
sections 454(16) and 454A, 42 U.S.C. 654(16) and 654a, require States
to maintain computerized child support enforcement systems to carry out
their responsibilities under title IV-D and to have in effect
safeguards on the access to and use of data in the State's automated
system.
II. Background
This NPRM will prohibit disclosure of confidential and personally
identifiable information to private collection agencies and expand the
disclosure of confidential and personally identifiable information to
child welfare programs authorized under titles IV-B and IV-E and the
Supplemental Nutrition Assistance Program (SNAP). On September 26,
2008, a final rule, following notice and comment period, entitled
``State Parent Locator Service; Safeguarding Child Support
Information,'' was published in the Federal Register [73 FR 56422] to
address requirements for State Parent Locator Service responses to
authorized location requests, State IV-D program safeguarding of
confidential information, authorized disclosures of this information,
and restrictions on the use of confidential data and information for
child support purposes with exceptions for certain disclosures
permitted by statute. The effective date given for the final rule was
March 23, 2009. In accordance with the memorandum of January 20, 2009,
from the Assistant to the President and Chief of Staff entitled
``Regulatory Review'' [74 FR 4435], on March 3, 2009, the Department
published a notice in the Federal Register [74 FR 9171] seeking public
comment on a contemplated delay of 60 days in the effective date of the
rule entitled ``State Parent Locator Service; Safeguarding Child
Support Information.'' In response to those comments, the Department
issued a subsequent notice published in the Federal Register [74 FR
11879] on March 20, 2009, which delayed the effective date of the
September 26, 2008 rule by 60 days until May 22, 2009, in order to
permit Departmental officials the opportunity for further review of the
issues of law and policy raised by this rule. However, subsequent to
publication of the March 20, 2009 notice, the Department determined
that additional time would be needed for officials to complete their
review of the rule and to fully assess the substantive comments
received in response to the March 3, 2009 notice. As a result, on April
15, 2009 a notice was published in the Federal Register [74 FR 17445]
indicating that the Department was contemplating a further delay in the
effective date of the ``State Parent Locator Service; Safeguarding
Child Support Information'' final rule to December 30, 2010, and
requesting comments on the delay of the effective date. In response to
comments from the April 15, 2009 notice, the Department issued a
subsequent notice, published in the Federal Register [74 FR 23798] on
May 21, 2009 delaying the effective date of the September 26, 2008 rule
to December 30, 2010.
Although the March 3, 2009 and the April 15, 2009 notices invited
comments on whether a delay in the rule's effective date was needed
``to allow Departmental officials the opportunity for further review
and consideration,'' both notices also generated focused substantive
comments recommending changes to several particular provisions of the
final rule that warrant further consideration. In addition to
supporting a delay in the effective date of the rule, the comments
raised specific policy concerns regarding two areas of the September
26, 2008 final rule: (1) The rules for
[[Page 32147]]
disclosure of confidential and personally identifiable information
about individuals maintained by State IV-D programs to a private, for-
profit child support collection agency as an ``agent of a child''; and
(2) the child welfare data exchange provisions of the rules in light of
legislation enacted in October 2008 after publication of the final
rule.
With respect to disclosure of information to private collection
agencies, concerns have been raised by commenters, Departmental
officials, media coverage, litigation and program stakeholders that the
government's disclosure of confidential information to private child
support collection agencies may not serve the child's best interests.
Specific comments have been raised about the risks involved in
disclosing confidential data to private collection agencies not acting
as a State's agent under a contractual relationship nor required to
comply with ethics and confidentiality rules such as those governing
State agencies and private attorneys, and whose business practices are
largely unregulated and not subject to program oversight.
Additionally, commenters on the March 3 and April 15, 2009 notices
stated that a delay in the effective date would give the Administration
an opportunity to conduct a review of the child welfare data exchange
provisions to ensure that the provisions of the rule conform to The
Fostering Connections to Success and Increasing Adoptions Act (Pub. L.
110-351), signed into law on October 7, 2008, eleven days after the
Safeguarding Final Rule was published. One commenter also indicated
that the final rule appeared to prohibit the State IV-D agency from
disclosing confidential information, such as child support payment
records, to other State agencies, including the State food assistance
program (now called the Supplemental Nutrition Assistance Program
(SNAP)).
This NPRM proposes limited changes to the final regulation
published on September 26, 2008 to address concerns identified by
Department officials as well as those raised by commenters. Only
selected portions of the ``State Parent Locator; Safeguarding Child
Support Information'' final rule are addressed in the NPRM. The final
rule published on September 26, 2008 in 73 FR 56442 will go into effect
on December 30, 2010. It is our intent that the selected revised
sections, as proposed in this notice, also will go into effect on
December 30, 2010 via a separate final rule. We are specifically
seeking comments on those issues raised by commenters as mentioned
above and the proposed revisions discussed further below.
The preamble includes a discussion about the rationale behind the
changes, followed by an explanation of the provisions of the proposed
regulation. The major issues include a prohibition against disclosure
of confidential and personally identifiable information to private
child support collection agencies and expanded release of information
for titles IV-B and IV-E purposes. In order to address concerns
regarding disclosure of information to private child support collection
agencies, we propose to define the term ``agent of a child'' as it is
used in section 453(c)(3). Under a broad interpretation of the term
``agent of a child'' included in policy guidance previously issued by
OCSE, a private collection agency is treated as an agent of a child in
some States and thus may obtain confidential information about parents
and families from the Federal PLS and State PLS. However, this term is
not defined in the statute or regulation. The proposed definition of
``agent of a child'' included in this NPRM will prohibit the disclosure
of information to private child support collection agencies concerning
which the State has no contractual relationship or oversight
responsibility, and also will revise sections of the rule that are
inconsistent with the proposed definition of ``agent of a child.'' The
proposed definition will supersede the five policy statements issued by
OCSE in 2002 and 2003 with respect to disclosure of information
contained in the State PLS and the Federal PLS to private child support
collection agencies. The prior policy allowed States to disclose PLS
information to private collection agencies, and although never
promulgated as a rule, it has been in place for several years. We are
particularly interested in comments on superseding the previously-
issued policy. A more detailed explanation of these policy documents,
and the underlying policy considerations, are discussed in section III
of the preamble.
We also propose revisions to the rule that would expand permissible
disclosure of information in the Federal PLS and the State PLS to State
IV-B and IV-E agencies to assist States in carrying out their
responsibilities under those programs, pursuant to section 453(j)(3),
as amended by The Fostering Connections to Success and Increasing
Adoptions Act of 2009 (Pub. L. 110-351).
III. Discussion of the Issues
In late 2002, OCSE issued a series of four policy statements dated
December 4, 2002 addressing Federal law and regulation on disclosure of
information and redirection of child support payments to private
collection agencies. OCSE also issued a fifth policy statement
addressing the same issues on May 23, 2003. The policy statements are:
AT-02-04, Providing FPLS locate services to an ``agent of
the child'' for child support purposes; \1\
---------------------------------------------------------------------------
\1\ Available at https://www.acf.hhs.gov/programs/cse/pol/AT/2002/at-02-04.htm.
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DCL-02-35, Federal Guidance on Private Collection
Agencies; \2\
---------------------------------------------------------------------------
\2\ Available at https://www.acf.hhs.gov/programs/cse/pol/DCL/2002/dcl-02-35.htm.
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IM-02-09, Effective Practices for Working with Child
Support Private Collection Agencies; \3\ and
---------------------------------------------------------------------------
\3\ Available at https://www.acf.hhs.gov/programs/cse/pol/IM/2002/im-02-09.htm.
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PIQ-02-02, Requests by Custodial Parents for a Change of
Address for the Disbursement of the Custodial Parent's Share of Child
Support Collections; \4\
---------------------------------------------------------------------------
\4\ Available at https://www.acf.hhs.gov/programs/cse/pol/PIQ/2002/piq-02-02.htm.
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PIQ-03-05, Guidance on Private Collection Agencies--Agent
of a Child and Third Party Addresses for Correspondence.\5\
---------------------------------------------------------------------------
\5\ Available at https://www.acf.hhs.gov/programs/cse/pol/PIQ/2003/piq-03-05.htm.
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The policy guidance issued in 2002 and 2003 stated that Federal law
and regulation did not prohibit State IV-D programs from providing
confidential and personally identifiable information and redirecting
child support collections to private collection agencies upon request
of a custodial parent-payee. The policy stated that, if permitted under
applicable State law, a private collection agency could act as the
``agent of a child.'' The term was not defined in the Act or in
regulation and it was left to States to determine whether or not to
release such information to private collection agencies. The policy
guidance was issued by OCSE following the issuance of a General
Accounting Office (now the Government Accountability Office) report
regarding access to information in Federal databases and use of wage
withholding by private child support collection agencies (GAO 02-349,
March 2002).
Public comments received in response to the March 3 and April 15,
2009 notices, as well as recent litigation alleging unlawful actions by
private child support collection agencies adverse to the interests of
families
[[Page 32148]]
served by the IV-D program,\6\ have given us sufficient concern to
reassess the September 26, 2008 rule and the 2002 and 2003 policy
guidance permitting disclosure of confidential information in the
Federal and State databases to private collection agencies.
Accordingly, this NPRM proposes revisions to relevant parts of the
September 26, 2008 rule that would supersede the 2002 and 2003 policy
statements with respect to disclosure of confidential and personally
identifiable information in the Federal PLS and the State PLS to
private child support collection agencies due to: (1) The increase in
public security and privacy concerns with personally identifiable data
maintained by the government and the dramatic increase in incidences of
identity theft; (2) the questionable practices and fiscal instability
of several large private child support collection agencies; and (3) the
Department's interest in promoting policies that serve the best
interest of children and families. These underlying policy
considerations, discussed further below, have informed our proposed
definition of ``agent of the child'' in proposed Sec. 301.1, discussed
in section IV.
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\6\ United States Postal Service v. Child Support Services of
Atlanta, Inc., No. 7:09-CV-111 (M.D. Ga. Feb. 19, 2010):
Commonwealth of Virginia, et al. v. Supportkids, Inc., No. 08000728-
00 (Va. Cir. Ct. Richmond City Nov. 17, 2009); and Commonwealth of
Virginia, et al. v. Supportkids Services, Inc., No. 3:10-CV-73, 2010
U.S. Dist. LEXIS 30726 (E.D. Va. Mar. 29, 2010).
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Increase in Security and Privacy Concerns
In June 2009, the Department of Health and Human Services (HHS),
Office of the Chief Information Officer, issued the HHS-OCIO Policy for
Information Systems Security and Privacy (https://www.hhs.gov/ocio/policy/hhs-ocio_policy_for_information_systems_security_and_privacy__.html). The policy provides direction to the information
technology security programs of HHS Operating Divisions and Staff
Divisions for the security and privacy of HHS data in accordance with
the Federal Information Security Management Act of 2002 (FISMA). The
policy states that, ``The HHS Information Security and Privacy Program
(henceforth, ``the Program'') has evolved and matured over the last
several years as new Federal requirements have been published and as
advances in technology have been made. Citizens' concerns over the
unauthorized disclosure of protected health information and personally
identifiable information have placed information technology security
and privacy issues at the forefront of the national dialogue,
positively impacting the way in which public, private, and government
organizations provide services and protect information.'' In recent
years, Congress also has held a number of hearings highlighting rising
concerns with identity theft and other confidentiality issues.\7\ In
light of this new HHS policy and its associated requirements, as well
as the concerns expressed in Congressional hearings, we believe that
more rigorous controls over access by private entities to confidential
and personally identifiable data, including Social Security numbers,
are warranted.
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\7\ For example, see the Committee on Oversight and Government
Reform's Hearing on ``Identity Theft: Victims Bill of Rights'' at:
https://oversight.house.gov/index.php?option=com_content&view=article&id=4264&catid=48:hearings&Itemid=29.
https://hsgac.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ID=db89f4c3-b2b8-42fd-8dae-934a1b317c35
https://oversight.house.gov/index.php?option=com_content&view=article&id=4286:qprivacy-the-use-of-commericial-information-resellers-by-federal-agenciesq&catid=48:hearings&Itemid=29
https://waysandmeans.house.gov/hearings.asp?formmode=detail&hearing=570&comm=4.
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Questionable Practices of Child Support Private Collection Industry
In addition to privacy concerns, OCSE takes its obligation as
steward of confidential and personally identifiable information that
has been entrusted by parents and Congress very seriously. Several
private child support collection agencies have had a history of
consumer complaints made by custodial parents, non-custodial parents,
grandparents, employers, and courts, as well as the recent litigation
brought by the U.S. Postal Service and Commonwealth of Virginia cited
above. The complaints allege that some private collection agencies use
questionable tactics, including deceptive advertising, perpetual
service contracts that prohibit cancellation, falsely representing the
business as a government office, using official-looking documents to
pressure employers to redirect support withheld from employees'
paychecks, demanding payments from grandparents, demanding payments
from non-custodial parents that are not owed, and other allegedly
deceptive and abusive tactics.\8\
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\8\ Some of these practices are described in U.S. General
Accountability Office, Child Support Enforcement: Clear Guidance
Would Help Ensure Proper Access to Information and Use of Wage
Withholding by Private Firms. https://www.gao.gov/new.items/d02349.pdf
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OCSE is aware of recent litigation filed by the United States
Postal Service alleging that a private collection agency misrepresented
itself as a State agency to defraud parents in several States. Two
cases were filed by the State Attorney General on behalf of Virginia.
Such litigation reflects a growing national concern with the business
practices sometimes used by private child support collection agencies.
It is the Department's position that such questionable practices should
not be facilitated or subsidized by providing access to confidential
information entrusted to the Federal Government and States. A recent
bankruptcy filing by one of the largest private collection agencies and
subsequent transfer of parents' cases to other companies with which the
parents had no contact has added to our concern. This proposed rule
would not prohibit or ban these private collection activities. Such
companies can still acquire data directly from the custodial parents
who sign up for their services or through private data search
companies.
Promoting Policies That Serve the Best Interest of Children and
Families
We are concerned that policies issued by the Department should
generally promote the best interest of children and families. The child
support program is no longer primarily a welfare reimbursement, cost
recovery device for the Federal and State governments; it is now a
family-first program intended to ensure families' self-sufficiency and
strengthen parents' commitment to supporting their children.\9\ Child
support policies should help increase, not decrease, family income and
stability, and strengthen, not undermine, parent-child relationships.
As indicated previously, consumer complaints allege that the practices
of some private child support collection agencies have had the effect
of reducing child support income received by families and increasing
conflict between parents, and thus do not serve the best interests of
children and families.
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\9\ See the National Child Support Enforcement Strategic Plan FY
2005-2009, at https://www.acf.hhs.gov/programs/cse/pubs/2004/Strategic_Plan_FY2005-2009.pdf.
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Expansion of the Release of Information for IV-B/E Program Purposes
The Fostering Connections to Success and Increasing Adoptions Act
of 2008 (the Fostering Connections Act) was signed into law on October
7, 2008, eleven days after the publication of the Safeguarding Final
Rule published on September 26, 2008. Section 105 of the Fostering
Connections Act amended section 453(j)(3) of the Social Security Act to
expand the authority for
[[Page 32149]]
information comparisons and disclosures of information in all
registries for title IV program purposes to include child welfare and
foster care programs funded under part B and part E of the Social
Security Act. The new law authorizes disclosure of information in the
Federal PLS and the State PLS to conduct data matches and share data
with child welfare agencies ``to the extent and with the frequency that
the Secretary determines to be effective in assisting States to carry
out their responsibilities under this part [D], part B or E, and
programs funded under part A.''
Section 103 of the Fostering Connections Act amends section 471(a)
of the Social Security Act to provide additional authority to expand
the scope of information disclosed to State IV-B and IV-E programs by
adding paragraph (29) requiring the State to have a child welfare plan
that:
(29) provides that, within 30 days after the removal of a child
from the custody of the parent or parents of the child, the State
shall exercise due diligence to identify and provide notice to all
adult grandparents and other adult relatives of the child (including
any other adult relatives suggested by the parents), subject to
exceptions due to family or domestic violence, that--
(A) Specifies that the child has been or is being removed from
the custody of the parent or parents of the child;
(B) explains the options the relative has under Federal, State,
and local law to participate in the care and placement of the child,
including any options that may be lost by failing to respond to the
notice;
(C) describes the requirements under paragraph (10) of this
subsection to become a foster family home and the additional
services and supports that are available for children placed in such
a home; and
(D) if the State has elected the option to make kinship
guardianship assistance payments under paragraph (28) of this
subsection, describes how the relative guardian of the child may
subsequently enter into an agreement with the State under section
473(d) to receive the payments.
In addition, section 206 of the Fostering Connections Act requires
the child welfare agency to make reasonable efforts to place siblings
removed from their home in the same foster care, kinship guardianship,
or adoptive placement, unless joint placement would be contrary to the
safety or well-being of any of the siblings, and to provide for
frequent visitation or other ongoing interaction between the siblings
if the children are not placed in the same home. Information in the
Federal PLS and State PLS regarding the location of adult relatives and
siblings of children involved in child welfare and foster care cases
would assist IV-B and IV-E State agencies to meet the requirements of
sections 103 and 206 of the Fostering Connections Act.
Comments received in response to the March 3 and April 15, 2009
notices indicate that the amendment made to section 453(j)(3) of the
Act made by the Fostering Connections Act permits disclosure of a
broader range of information to IV-B and IV-E agencies for a broader
range of authorized purposes that was not fully addressed in the
September 26, 2008 regulation. Therefore, this proposed regulation
expands disclosure of information to IV-B and IV-E agencies to assist
States in carrying out their responsibilities under those programs,
including locating relatives of children removed from parental custody
in order to identify potential placements for the child and assist the
State agency in permanency planning.
IV. Provisions in the Proposed Regulations
Part 301
Sec. 301.1 Definitions (``Agent of the Child'')
As discussed above, section 453 of the Act, enacted in 1975 by
Public Law 93-647, prohibits the Federal PLS from releasing
confidential and personally identifiable information about individuals
maintained by the IV-D program, other than to an ``authorized person''
for an authorized purpose. Section 453(c) defines ``authorized person''
as:
(1) any agent or attorney of any State having in effect a plan
approved under this part, who has the duty or authority under such
plans to seek to recover any amounts owed as child and spousal
support or to seek to enforce orders providing child custody or
visitation rights (including, when authorized under the State plan,
any official of a political subdivision);
(2) the court which has authority to issue an order against a
noncustodial parent for the support and maintenance of a child, or
to issue an order against a resident parent for child custody or
visitation rights, or any agent of such court;
(3) the resident parent, legal guardian, attorney, or agent of a
child (other than a child receiving assistance under a State program
funded under part A) (as determined by regulations prescribed by the
Secretary) without regard to the existence of a court order against
a noncustodial parent who has a duty to support and maintain any
such child; and
(4) a State agency that is administering a program operated
under a State plan under subpart 1 of part B, or a State plan
approved under subpart 2 of part B or under part E.
Similarly, 45 CFR 302.35(c)(3), which requires the State PLS to accept
requests for confidential and personally identifiable information only
from authorized persons, incorporates the definition of ``authorized
persons'' specified in section 453(c).
As stated in section 453(c)(3), an authorized person includes ``the
resident parent, legal guardian, attorney, or agent of a child (other
than a child receiving assistance under a program funded under part
A).'' A ``resident parent'' lives with the child and provides the
child's day-to-day care. An individual who has been appointed by court
order as a child's ``legal guardian'' is legally responsible for the
child's care and has a legal obligation to act in the child's best
interest. An ``attorney'' has an ethical obligation to represent the
interests of the child, and is subject to State licensure and
professional responsibility rules.\10\ The terms resident parent, legal
guardian and attorney are commonly understood and therefore are not
further defined herein. We also note that each of these ``authorized
persons'' has a relationship with the child that imposes an intrinsic
responsibility to assure protection of the child's welfare and
interests. For example, a private attorney involved in a child support
case has undertaken the responsibility to provide legal representation
to the resident parent or child related to the establishment,
modification or enforcement of a child support obligation. An attorney-
client relationship has thus been created which imposes an ethical and
fiduciary duty upon the attorney to represent the child's best
interests, and the attorney is subject to a Code of Professional
Responsibility. Since the term ``agent of a child,'' on the other hand,
is susceptible to broad interpretation and, as has been demonstrated,
may previously have included ``agents'' with a pecuniary interest of
their own that may be inconsistent with the child's best interests, we
believe that this term warrants definition.
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\10\ See, e.g., In the Matter of Struthers, 179 Ariz. 216
(Arizona Sup. Ct., 1994), where the Arizona Supreme Court disbarred
a private attorney who used a variety of tactics to collect child
support that violated rules of professional responsibility.
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While the term ``agent of a child'' is not defined in statute or
rule, section 454(11)(B) of the Act, 42 U.S.C. 654(11)(B), also enacted
in 1975 by Public Law 93-647, (formerly, section 454(12) of the Act),
is instructive. Section 454(11)(B) requires States to distribute child
support payments as specified in sections 456 and 457, 42 U.S.C. 656
and 657. Section 454(11)(B) provides that a State plan must:
Provide that any payment required to be made under section 456
or 457 to a family shall be made to the resident parent, legal
[[Page 32150]]
guardian, or caretaker relative having custody of or responsibility
for the child or children. (Emphasis added.)
A ``caretaker relative'' is a longstanding term used in the Temporary
Assistance to Needy Families (TANF) program and its predecessor
program, Aid to Families with Dependent Children (AFDC), to refer to
those relatives responsible for the day-to-day care of children and who
are eligible to apply for cash assistance for needy families,
regardless of the existence of a legal custody order or legal
guardianship status.\11\
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\11\ See, e.g., 42 U.S.C. 602(a)(1)(A); Rodriguez v. Vowell, 472
F.2d 622 (5th Cir.), cert. denied 412 U.S. 944, 93 Sup. Ct. 2777, 37
L.Ed.2d 404 (1973) (``The plain language of the Social Security Act,
its legislative history, and the relevant decisional precedent make
clear that the needs of the caretaker relative, as well as those of
the dependent child, are to be considered in deciding if a family is
eligible for an AFDC grant.'')
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We have carefully considered the intent of Congress in designating
an ``agent of a child,'' and believe the close connection in language
between sections 453(c)(3) and 454(11)(B) and the long-established
understanding of ``caretaker relative'' for title IV-A purposes is
informative. Accordingly, we propose to amend Sec. 301.1 by adding the
following definition:
Agent of a Child means a caretaker relative having custody of or
responsibility for the child.
We believe that limiting the definition of ``agent of the child''
to ``caretaker relative'' is consistent with the other terms in section
453(c) which identify individuals with responsibility to protect and
further the child's best interest. As indicated, the proposed
definition has a statutory basis that is derived from and consistent
with section 454(11)(B). The proposed definition of the term ``agent of
a child'' recognizes the practical reality that children are sometimes
left in the care of a grandmother or other relative and, even though
the relative may not have been appointed by a court as the child's
legal guardian or have legal custody of the child, the relative can be
expected to protect and act in the child's best interest. The
definition also accords with the responsibility of the government to
safeguard confidential and personally identifiable information and
prevent misuse of the data.
This section is open to public comment. We are specifically seeking
comments on this proposed definition of ``agent of a child'' which will
supersede the 2002 and 2003 policy options which allowed States to
determine whether or not to permit disclosure of confidential and
personally identifiable information to private child support collection
agencies. We also are seeking comments on whether to add a definition
of ``attorney of the child'' to the final rule.
Sec. 302.35 State Parent Locator Service
The final regulation at Sec. 302.35(a) requires each State to
maintain a State PLS to provide locate information to authorized
persons for authorized purposes. This paragraph is not open for notice
and comment and will not be addressed in this NPRM. The effective date
of this paragraph is December 30, 2010.
The final regulation at Sec. 302.35(b) requires the State IV-D
program to maintain a central State PLS. This paragraph is not open for
notice and comment and will not be addressed in this NPRM. The
effective date of this paragraph is December 30, 2010.
In the final rule published on September 26, 2008, the amendments
to Sec. 302.35(c) were intended to establish safeguards for accessing
locate information in the State PLS and the Federal PLS, specifically
with respect to requests from a resident parent, legal guardian,
attorney, or agent of a non-IV-D child. We propose to open only
paragraph (c)(3) for comment. Paragraphs (c)(1), (c)(2) and (c)(4) will
remain intact. The effective date of those parts of these paragraphs is
December 30, 2010.
We propose to eliminate Sec. 302.35(c)(3)(iii) which includes a
provision that an agent of a child not receiving assistance under title
IV-A may provide evidence of a contract that meets the requirements of
State law that will allow information to be provided to that agent. We
are deleting this language because of the concerns identified by
Departmental officials regarding disclosure of information to private
child support collection agencies as discussed earlier in the preamble.
We also would renumber Sec. 302.35(c)(3)(iv) as Sec.
302.35(c)(3)(iii).
The Fostering Connections Act has raised questions about the extent
to which data maintained in the Federal PLS and State PLS is available
to assist State child welfare agencies in carrying out their program
responsibilities to locate potential placements for a child removed
from parental custody and for permanency planning purposes. With the
enactment of the Fostering Connections Act, there are now two separate
sections of the Act that provide authority for the IV-D program to
disclose information to State IV-B and IV-E agencies. Section 453(c) of
the Social Security Act was amended in 1997 by The Adoption and Safe
Families Act (Pub. L. 105-89) to include State IV-B and IV-E programs
as authorized persons that may receive specified information under
section 453(a) about the location, income and assets of a person ``who
has or may have parental rights with respect to a child.''
Subsequently, the Fostering Connections Act amended section 453(j)(3)
of the Social Security Act to authorize the Secretary to provide
information to assist States in carrying out their responsibilities
under part IV-B and IV-E. We are particularly seeking comments on
proposed language with respect to two overarching issues. The first
issue is whether the language in the Fostering Connections Act broadens
the types of Federal PLS information otherwise available to State child
welfare agencies under section 453 concerning parents and non-parent
relatives of children involved in child welfare cases. The second issue
is whether State IV-D programs should have the flexibility to provide a
broader range of State PLS information to State child welfare agencies,
for example, under an interagency agreement.
We are thus specifically soliciting comments on proposed section
302.35(d) regarding the scope of information that may be disclosed from
the Federal PLS and State PLS concerning parents and non-parent
relatives of children involved in child welfare cases pursuant to
section 453(j)(3), as amended by the Fostering Connections Act. Data
maintained in the Federal and State PLS may include information about
the individual's location, income and employment benefits such as
health insurance, assets, debts, child support payment history, and the
family violence indicator (FVI), as well as other confidential
information found in the automated system. We are specifically seeking
comments as to: (1) Whether the information disclosed about parents of
a child involved in a IV-B or IV-E case should be broader than
information disclosed about non-parent relatives; (2) whether each
State IV-D agency should have the option to provide a broader range of
data elements to the State child welfare agency than available through
the Federal PLS; and (3) the manner of data exchange between the State
PLS and State child welfare agency, for example through the use of an
interagency agreement or a memorandum of understanding. To that end, we
have proposed language in 302.35(d)(2) to allow for a broader range of
information that can be shared.
We are opening section 302.35(d) for comment. Section 302.35(d)(1)
permits access by State IV-B and IV-E agencies
[[Page 32151]]
to the State PLS locate function and the data elements listed in
section 453(a) with respect to information about custodial parents,
non-custodial parents, and putative fathers. We are specifically
soliciting comments on this section of the regulation with respect to
(1) authorized purposes for disclosure and (2) the scope of information
available to IV-B and IV-E agencies about parents of children involved
in IV-B and IV-E cases.
We propose to redesignate section Sec. 302.35(d)(2) of the
September 26, 2008 rule as Sec. 302.35(d)(3) and add a new Sec.
302.35(d)(2) to identify the information that can be shared with IV-B
and IV-E agencies to locate children and their relatives involved in
IV-B and IV-E cases. This paragraph, which addresses information
available from the State PLS, would permit disclosure for these
reasons: Information about children and their relatives involved in a
IV-B or IV-E case in order to assist State child welfare agencies in
carrying out their program responsibilities to locate relatives for
potential placement of a child removed from parental custody, to place
siblings in groups, and to otherwise assist State agencies in their
permanency planning responsibilities under the authority of section
453(j) of the Act, for example, by providing information regarding the
Family Violence Indicator (FVI) or information about a child's
paternity status. We are specifically soliciting comments on this
section of the regulation on the appropriate balance to strike between
assisting IV-B and IV-E programs in placing children, and safeguarding
the privacy of relatives whose information may be included in the
Federal or State PLS. This section does not apply to IV-D information
maintained outside of the State PLS, such as payment records.
The proposed language is clear that the State PLS information may
also be disclosed to State IV-A agencies for the purpose of assisting
States to carry out their responsibilities to administer title IV-A
programs. These programs include the TANF program, which funds cash
assistance, workforce and other services, as well as Tribal programs
operating under title IV-A authority.
The final regulation at Sec. 302.35(e) addresses locate
information subject to disclosure. This portion of the regulation is
not open for notice and comment and is not addressed in this NPRM. The
effective date of this paragraph is December 30, 2010.
Part 303
Sec. 303.3 Location of Noncustodial Parents in a IV-D Case
This portion of the regulation is not open for notice and comment
and is not addressed in this NPRM. The effective date of this paragraph
is December 30, 2010.
Sec. 303.20 Minimum Organizational and Staffing Requirements
We propose to amend paragraph (b)(7) of this section of the
regulation to ensure consistency throughout this chapter based on
proposed amendments to Sec. Sec. 302.35 and 303.70.
This section is open for public comment.
Sec. 303.21 Safeguarding and Disclosure of Confidential Information
Prior to the passage of PRWORA, the safeguarding regulation at 45
CFR Sec. 303.21 allowed the disclosure of information connected to the
administration of any Federal or federally assisted program which
provides assistance, in cash or in kind, or services, directly to
individuals on the basis of need. These needs-based programs included
the Food Stamps program (now SNAP), as well as the AFDC program
authorized under title IV-A (now TANF). The safeguarding rule was
eliminated by interim final rule, published in the Federal Register on
February 9, 1999 (64 FR 6237) in response to the President's Memorandum
of March 4, 1995 to heads of Departments and Agencies which announced a
government-wide Regulatory Reinvention Initiative to reduce or
eliminate obsolete regulations and mandated burdens on States, other
governmental agencies, or the private sector.
As mentioned earlier in the preamble, during the comment
solicitation period, the Department received a comment that the rule
appeared to prohibit the State IV-D agency from disclosing such
information as the child support payment records to SNAP. This was not
the Department's intent. The Food, Conservation, and Energy Act of
2008, Public Law 110-246, enacted on June 18, 2008, amended section
453(j)(10) of the Act to permit disclosure, for purposes of
administering a supplemental nutrition assistance program under the
Food and Nutrition Act of 2008, of information on the individuals and
their employers maintained in the National Directory of New Hires. To
comply with the changes made to section 453(j)(10) of the Act, and, in
accordance with section 454A(f)(3) of the Act, this NPRM proposes to
reinstate permission for disclosure of information, including the child
support payment records, to SNAP.
Accordingly, we propose to amend paragraph Sec. 303.21(d)(1) to
include disclosures of information to the State agency administering
SNAP. The remainder of Sec. 303.21 is not open for notice and comment
and is not addressed in this NPRM.
This section is open to public comment.
Sec. 303.69 Requests by Agents or Attorneys of the United States for
Information From the Federal Parent Locator Service (PLS)
We propose to make a technical amendment to this section of the
regulation to ensure consistency throughout this chapter based on
proposed amendments to Sec. 303.70. Current Sec. 303.69(c) references
Sec. 303.70(c); the proposed technical amendment changes the reference
to Sec. 303.70(d). We propose to amend only Sec. 303.69(c). The
remainder of Sec. 303.69 is not open for notice and comment and is not
addressed in this NPRM.
This section is open to public comment.
Sec. 303.70 Procedures for Submissions to the State Parent Locator
Service (State PLS) or the Federal Parent Locator Service (Federal
PLS).
We propose to amend paragraph (a) of Sec. 303.70 to include a
provision consistent with the proposed change to Sec. 302.35 to permit
the release of information for IV-B and IV-E purposes, including
implementation of the Fostering Connections Act.
This section is open to public comment.
Section 303.70 paragraphs (b)-(d) are not open for comment. These
paragraphs remain unchanged. The effective date of these paragraphs is
December 30, 2010.
We propose to amend paragraph (e)(1)(i) of Sec. 303.70 to include
a provision to permit disclosure of information about children and
relatives involved in a IV-B or IV-E case in order to assist State
child welfare agencies in carrying out their program responsibilities
to locate relatives for potential placement of a child removed from
parental custody, to place siblings in groups, and to otherwise assist
State agencies in their permanency planning responsibilities under the
authority of section 453 of the Act consistent with the proposed
changes to Sec. Sec. 303.35 and 303.70(a).
This section is open to public comment.
[[Page 32152]]
Because section 303.70(e)(2) of the rule refers to ``agent of a
child'' and also refers to Sec. 302.35, in which changes were
proposed, this section is open for comment. The remainder of this
section is not open for comment.
Part 307
Sec. 307.13 Security and Confidentiality for Computerized Support
Enforcement Systems in Operation After October 1, 1997
Part 307 of the rule addresses computerized system data integrity
and security. Computerized child support enforcement systems are
required to have safeguards protecting the integrity, accuracy,
completeness of, access to, and use of information in the computerized
support enforcement system. Section Sec. 307.13 is not opened in its
entirety for comment. We are proposing a change to Sec. 307.13(a)(3),
(4)(iii) and (iv). These sections are open to public comment. The
remainder of Sec. 307.13 is not opened for comment.
We propose to amend Sec. 307.13(a)(3) to include a provision
consistent with the proposed change to Sec. 303.21 permitting the
release of information to State agencies administering SNAP.
As mentioned earlier in the preamble, this proposed regulation
addresses release of information to IV-B and IV-E agencies to locate
parents, children and relatives of children and other disclosures
needed to carry out their program responsibilities. For these reasons
we propose at Sec. 307.13(a)(4)(iii) and (iv) that NDNH and FCR
information may be disclosed without independent verification to title
IV-B and IV-E agencies to locate parents and putative fathers for the
purpose of establishing parentage or establishing parental rights with
respect to a child and that disclosure be allowed without independent
verification to title IV-D, IV-A, IV-B and IV-E agencies for the
purpose of assisting States to carry out their responsibilities to
administer title IV-D, IV-A, IV-B and IV-E programs.
For clarity, the following appendices lay out the type of
information that can be shared. The charts reflect the information as
written in the NPRM. Appendix A addresses information available to
locate individuals through the State PLS. Appendix B addresses
information available to locate an individual sought in a child
custody/visitation or parental kidnapping case. Appendix C provides the
authorities for State IV-D agencies to release information to title IV,
XIX, XXI, SNAP and other specified programs.
Appendix A--Locating Individuals Through the State PLS Sec. 302.35
--------------------------------------------------------------------------------------------------------------------------------------------------------
Persons about whom
Authorized person/program Authorized purpose of information may be Sources searched Authorized Limitations\1\
the request asked information returned
--------------------------------------------------------------------------------------------------------------------------------------------------------
Agent/attorney of a State who has Establish paternity; Noncustodial Parent; Federal Parent Six Elements: See footnote.
the duty or authority to collect establish, set the Putative Father; Locator Service; In- Person's Name,
child and spousal support under amount, modify, or Custodial Parent; state sources in Person's SSN,
the IV-D plan; Section 453(c)(1). enforce child support Child; Section accordance with Person's address,
obligations and/or to 453(a)(2)(A). State law. Employer's name,
facilitate the Employer's address,
location of any Employer
individual who is Identification
under an obligation Number; Section
to pay child support, 453(a)(2)(A)(iii).
against whom such an Wages, income, and
obligation is sought, benefits of
or to whom such an employment,
obligation is owed. including health
Locate a parent or care coverage;
child involved in a Section
non-IV-D child 453(a)(2)(B)..
support case to Type, status,
disburse an income location, and amount
withholding of assets or debts
collection; Section owed by or to the
453(a)(2).. individual; Section
453(a)(2)(C).
Court that has the authority to To facilitate the Noncustodial Parent; Federal Parent Six Elements as No Internal Revenue
issue an order against an NCP for location of any Custodial Parent; Locator Service; In- above, plus: Wages, Service (IRS)
the support and maintenance of individual who is Putative Father; state sources in income, and benefits information provided
child, or to serve as the under an obligation Child. accordance with of employment, for non-IV-D cases
initiating court in an action to to pay child support, State law. including health unless independently
seek a child support order; against whom such an care coverage; verified.
Section 453(c)(2). obligation is sought, Section 453(a)(2)(B). No Multistate
or to whom such an Type, status, Financial
obligation is owed. location, and amount Institution Data
Locate a parent or of assets or debts Match (MSFIDM) and
child involved in a owed by or to the no State Financial
non-IV-D child individual; Section Institution Data
support case.. 453(a)(2)(C). Match (FIDM)
information provided
for non-IV-D cases.
No required
subsequent attempts
to locate unless
there is a new
request.
[[Page 32153]]
Resident parent, legal guardian, To facilitate the Noncustodial Parent; Federal Parent Six Elements as Child not receiving
attorney, or agent of a child not location of any Putative Father. Locator Service; In- above, plus: Wages, IV-A benefits.
receiving IV-A benefits (a non-IV- individual who is state sources in income, and benefits No IRS Information.
D request); Section 453(c)(3) \2\. under an obligation accordance with of employment, No MSFIDM and no
to pay child support, State law. including health State FIDM
against whom such an care coverage; information provided
obligation is sought, Section 453(a)(2)(B). for non-IV-D cases.
or to whom such an Type, status, In a non-IV-D
obligation is owed, location, and amount request, attestation
or who has or may of assets or debts and evidence is
have parental rights owed by or to the required as
with respect to the individual; Section specified in Sec.
child. 453(a)(2)(C).. 302.35(c)(3)(i)-(iii
Locate a parent or ).
child involved in a No required
non-IV-D child subsequent attempts
support case.. to locate unless
there is a new
request.
State agency that is administering To facilitate the Noncustodial Parent; Federal Parent Six Elements as No IRS information
a Child and Family Services location of any Putative Father; Locator Service; In- above, plus: Wages, unless independently
program (IV-B) or a Foster Care individual who has or Custodial Parent state sources in income, and benefits verified.
and Adoption IV-E program; may have parental Child; Sections accordance with of employment, No MSFIDM information
Sections 453(c)(4), 453(j)(3), and rights with respect 453(a)(2)(A), State law. including health and no State FIDM
454(8). to the child, Section 453(j)(3), and 454(8). care coverage. information
453(a)(2)(iv); and to Type, status, provided.
assist states in location, and amount
carrying out their of assets or debts
responsibilities owed by or to the
under title IV-B and individual; Section
IV-E programs; 453(a)(2)(C)..
Sections 453(j)(3)
and 454(8).
State agency that is administering To assist states in Relatives of a child Federal Parent Six Elements as above No IRS information
a Child and Family Services carrying out their involved in a IV-B or Locator Service; In- unless independently
program (IV-B) or a Foster Care responsibilities IV-E case. state sour
