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 to determine the whereabouts of any parent
or any child for the purpose of enforcing any state or federal law pertaining
to the unlawful taking or restraint of a child or making or enforcing a child
custody or visitation order.
(1) Authorized
requestors under this section shall be limited to:
(A) Any agent or attorney of any state having
an agreement to use the Federal Parent Locator Service who has the duty or
authority to enforce a child custody or visitation order.
(B) Any court, or its agent, having
jurisdiction to make or enforce a child custody or visitation order.
(C) Any agent or attorney of the United
States, who has the duty or authority to investigate, enforce, or bring a
prosecution with respect to the unlawful taking or restraint of a
child.
(2) The Federal
Parent Locator Service shall be accessed only by the California Parent Locator
Service on behalf of authorized requestors.
(3) Fees for Non-Title IV-D Parental
Kidnapping/Child Custody 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, each local child support agency shall:
(1) Complete the form specified in Section
113200(b)(1) in
hard copy or electronic media. The CR60 completed pursuant to this subparagraph
shall:
(A) Identify the request as a Parental
Kidnapping/Child Custody Federal Parent Locator Service Non-IV-D Locate Only
request.
(B) Contain the birth date
in addition to the information specified in Section
113200(b)(1)(B).
(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
enforcing any state or federal law pertaining to the unlawful taking or
restraint of a child or making or enforcing a child custody or visitation
order. 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) In addition to all
requirements specified in Section
113200(c), each
local child support agency shall:
(1)
Restrict access to the information to authorized persons whose duties or
responsibilities require access in connection with child custody and parental
kidnapping cases.
(2) Store the
information during nonduty hours, or when not in use, in a locked container
within a secure area that is safe from access by unauthorized
persons.
(3) Process the
information under the immediate supervision and control of authorized
personnel, in a manner which will protect the confidentiality of the
information, and in such a way that unauthorized persons cannot retrieve the
information by computer, remote terminal, or other means.
(4) Brief all employees who will have access
to the data on security procedures and instructions.
(5) Send the information directly to the
requestor and make no other use of the information.
(6) Destroy any confidential records and
information related to the request, after the information is sent to the
requestor. Such destruction shall be in accordance with Subchapter 1, Article
5, Section
111460.
1. New
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 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
663; and 45 Code of Federal Regulations,
Sections 302.35, 303.3, 303.15, 303.69 and
303.70.
