Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Each local child support agency shall
accept requests from authorized requestors to access the Federal Parent Locator
Service for the purpose of establishing parentage or establishing, setting the
amount of, modifying, or enforcing child support orders.
(1) Authorized requestors under this section
shall be limited to:
(A) Any agent or attorney
of any state who has the duty or authority to seek to recover any amounts owed
as child and spousal support under Title IV-D.
(B) The court which has authority to issue an
order or to serve as the initiating court in an action to seek an order against
a noncustodial parent for the support and maintenance of a child, or any agent
of such court.
(C) The custodial
party, legal guardian, attorney, or agent of a child who is not receiving
public assistance.
(D) A California
agency administering a program under either Title IV-B or Title
IV-E.
(2) The Federal
Parent Locator Service shall be accessed only by the California Parent Locator
Service on behalf of authorized requestors under this section.
(3) Fees for Non-Title IV-D Locate Only
requests shall:
(A) Not be eligible for
federal financial participation.
(B) Be paid by the state and not charged to
the requestor.
(b) Upon receipt of a request from an
authorized requestor pursuant to subsection (a), above, each local child
support agency shall:
(1) Complete the most
current version of the "Parent Location and Asset Request for California Parent
Locator Service," form CR60, issued by the Department of Justice, in hard copy
or electronic media for accessing only the Federal Parent Locator Service. The
CR60 completed pursuant to this subparagraph shall:
(A) Identify the request as a Non-Title IV-D
Locate Only request.
(B) Contain
the following information:
1. The name of the
parent to be located.
2. The
parent's date of birth and/or Social Security Number, if known.
3. Whether the parent is or has been in the
armed services, if known.
4.
Whether the parent is receiving, or has received, federal compensation or
benefits, if known.
(2) Include a statement, as required by
45 CFR, Section
303.70(d), signed by the
director of the local child support agency, or his or her designee, attesting
that information is being sought by an authorized requestor for the purpose of
establishing parentage or establishing, setting the amount of, modifying, or
enforcing child support orders, or for determining who has or may have parental
rights with respect to a child. Such statement shall also specify that
information received through the Federal Parent Locator Service shall be
treated as confidential and safeguarded in accordance with the requirements
specified in Article 5, of Chapter 1.
(c) Each local child support agency that
submits a request to the California Parent Locator Service to access the
Federal Parent Locator Service shall:
(1)
Ensure the requirements of Article 5, of Chapter 1, have been met with respect
to safeguarding and disclosure of confidential information obtained from the
Federal Parent Locator Service.
(2)
Provide the information obtained from the Federal Parent Locator Service, for
the purpose specified in subsection (a), to only the
requestor.
1. New
article 2 (sections 113200-113300) and section filed 9-4-2001 as an emergency
pursuant to Family Code section
17306;
operative 9-4-2001 (Register 2001, No. 36). A Certificate of Compliance must be
transmitted to OAL by 3-4-2002 or emergency language will be repealed by
operation of law on the following day.
2. New article 2 (sections
113200-113300) and section refiled 2-11-2002 as an emergency pursuant to Family
Code section
17306;
operative 3-6-2002 (Register 2002, No. 7). A Certificate of Compliance must be
transmitted to OAL by 9-3-2002 or emergency language will be repealed by
operation of law on the following day.
3. Editorial correction of
HISTORY 2 (Register 2002, No. 27).
4. Certificate of Compliance as
to 2-11-2002 order, including amendment of section and NOTE, transmitted to OAL
9-3-2002 and filed 9-30-2002 (Register 2002, No.
40).
Note: Authority cited: Sections
17306,
17310 and
17312, Family
Code. Reference: Sections
17212,
17506,
17508 and
17514, Family
Code; Section
11478.1,
Welfare and Institutions Code; 42, U.S.C., Section 653; and 45 Code of Federal
Regulations, Sections 302.35, 303.3 and
303.70.
