Current through September 17, 2024
The Department is the agency responsible for maintaining and
accessing parent locator services.
004.01
STATE PARENT LOCATOR
SERVICE. The Department maintains a State Parent Locator Service
as set forth in applicable state law and
45 CFR
302.35. Confidential information from the
State Parent Locator Service will only be released to authorized persons for
authorized purposes. Any information obtained through the State Parent Locator
Service remains confidential and must be used solely for the purpose for which
it was obtained and must be safeguarded.
004.02
FEDERAL PARENT LOCATOR
SERVICE. The U.S. Department of Health and Human Services
maintains the Federal Parent Locator Service. Only the State Parent Locator
Service may submit requests for information to the Federal Parent Locator
Service. Any information obtained through the Federal Parent Locator Service is
confidential and must be used solely for the purpose for which it was obtained
and must be safeguarded.
004.03
AUTHORIZED PERSONS. Unless otherwise provided by law,
and subject to the restrictions set forth in applicable federal and state law,
only the following are authorized to receive information from the State Parent
Locator Service and Federal Parent Locator Service:
(A) Any state or local governmental agency,
or agent thereof, providing child, spousal, or medical support services under
Title IV-D of the Social Security Act;
(B) Any state or local governmental agency
administering a IV-A, IV-B, IV-E, Supplemental Nutrition Assistance Program
(SNAP) or Medicaid Program;
(C)
State governmental agencies involved with the investigation, prosecution, or
criminal or civil proceedings conducted in connection with the administration
of the programs identified in this section or under 45 CFR Parts 302 and
303;
(D) Any certified Tribal IV-D
agency providing child and spousal support services;
(E) A court or tribunal that has authority to
issue an order against a noncustodial party for the support and maintenance of
a child;
(F) The resident parent,
legal guardian, attorney, or agent of a child who is not receiving IV-D
services may request location information via a court order only if the
individual attests that:
(i) The request is
being made to obtain information on, or to facilitate the discovery of, any
individual for the purpose of establishing parentage, establishing, setting the
amount of, modifying, or enforcing a child support obligation;
(ii) Any information obtained through the
State or Federal Parent Locator Service shall be used solely for these purposes
and shall be otherwise treated as confidential; and
(iii) The requestor is the resident parent,
legal guardian, attorney, or agent of a child not receiving assistance under
IV-A; and
(G) A court, an
agent, or attorney of the state or federal government in connection with
parental kidnapping, child custody, or visitation cases pursuant to this
chapter or 45 CFR Parts 302 and 303.
004.04
STATE AUTHORIZED
PURPOSE. The following are authorized purposes for information
from the State Parent Locator Service:
(A) The
administration of the Child Support Enforcement IV-D Program;
(B) The administration of a IV-A, IV-B, IV-E,
Supplemental Nutrition Assistance Program (SNAP) or Medicaid Program;
(C) Any investigation, prosecution, or
criminal or civil proceeding conducted in connection with the administration of
the programs identified in this chapter;
(D) The location of an individual in
connection with known or suspected mental or physical injury, sexual abuse or
exploitation, or negligent treatment or maltreatment of a child who is the
subject of child support activity when circumstances indicate that a child's
health or welfare is threatened;
(E) The location of an individual in
connection with a parental kidnapping, child custody or visitation case
pursuant to this chapter or 45 CFR Parts 302 and 303; or
(F) State or federal law which allows or
requires disclosure.
004.05
FEDERAL AUTHORIZED
PURPOSE. The following are authorized purposes for information
from the Federal Parent Locator Service:
(A)
Establishing paternity;
(B)
Establishing, modifying, or enforcing support obligations;
(C) Determining who has or may have parental
rights to a child;
(D) Enforcing
any state or federal law with respect to the unlawful taking or restraint of a
child;
(E) Making or enforcing a
determination of child custody or visitation;
(F) Locating a child or a non-parent relative
of a child in a IV-B or IV-E case; or
(G) Assisting state governmental agencies to
carry out their responsibilities under IV-D, IV-A, IV-B, and IV-E programs.
004.06
INFORMATION THAT MAY BE RELEASED. The following
information may be provided to authorized persons subject to the exceptions and
restrictions set forth in this chapter:
(A)
For the purposes set forth in 466 Nebraska Administrative Code (NAC)
5-004.04(A), (B), and (C) and 466 NAC 5-004.05(A), (B), (C), and (G), the
following information may be provided:
(i)
Person's name, Social Security Number (SSN), and address;
(ii) Employer's name, address, and Federal
Employer Identification Number;
(iii) Wages, income, and employment benefits
including health care coverage; and
(iv) Type, status, and location of assets or
debts owed by or to the individual.
(B) For the purposes set forth in 466 NAC
5-004.04(D) and (E) and 466 NAC 5-004.05(D) and (E), the following information
may be provided:
(i) Person's name and
address; and
(ii) Employer's name
and address.
(C) For
purposes of locating a child or non-parent relative under 466 NAC 5-004.04(B)
and 466 NAC 5-004.05(F), the following information may be provided:
(i) Person's name, Social Security Number
(SSN), and address; and
(ii)
Employer's name, address, and Federal Employer Identification Number.
(D) For any other purpose allowed
by federal or state law, the information released will be limited to only that
information allowed by such law.
004.07
FURTHER EXCEPTIONS AND
RESTRICTIONS TO RELEASE OF INFORMATION. The following additional
restrictions apply to the release of information from the State and Federal
Parent Locator Services:
(A) National
Directory of New Hire and Federal Case Registry information must not be
provided to Title XIX and Title XXI programs unless independently
verified;
(B) Internal Revenue
Service (IRS) information must not be disclosed outside of the IV-D program
unless independently verified; and
(C) Multi-state Financial Institution Data
Match and Financial Institution Data Match information must not be disclosed
outside of the IV-D program.
004.08
FAMILY VIOLENCE
INDICATOR. No information shall be disclosed if the Department has
reasonable evidence of domestic violence or child abuse against a party or a
child and disclosure of information could be harmful to the party or a child.
The information can be released to a court of competent jurisdiction upon
receipt of an order from that court. It is the responsibility of the court to
determine if releasing the information further will be harmful to the parent or
child.
004.09
REQUIRED
INFORMATION. Requests for information from the Federal Parent
Locator Service must contain the following information:
(A) The parent's, putative father's, or
non-parent relative's name;
(B) The
parent's or putative father's Social Security Number (SSN). If the Social
Security Number (SSN) is unknown, every reasonable effort to ascertain the
individual's Social Security Number (SSN) must be made before making a
request;
(C) The non-parent
relative's Social Security Number (SSN), if known; and
(D) Any other information required by the
Federal Office of Child Support Enforcement.
004.10
COURT ORDERS:
Requests for information from the State Parent Locator Service and Federal
Parent Locator Service directly from courts and from the resident parent, legal
guardian, attorney, or agent of a child who is not receiving IV-D services must
be in the form of a court order.
