Appendices A, B and C - Appearing in Federal Register on September 26, 2008
(FR Vol. 73 No. 188 p. 56439 - 56442)

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 Sources Searched Authorized Information Returned Limitations [1]

[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.

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 or 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)

Noncustodial Parent

Putative Father

Custodial Parent

Children

Section 453(a)(2)(A)

Federal Parent Locator Service

In-state sources in accordance with State law

Six Elements:

  • Person’s Name
  • Person’s SSN
  • Person’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)

See footnote

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)

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

Custodial Parent

Putative Father

Child

Federal Parent Locator Service

In-state sources in accordance with State law

Six Elements as above

 

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)

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.

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.

Locate a parent or child involved in a non-IV-D child support case.

Noncustodial Parent

Putative Father

Federal Parent Locator Service

In-state sources in accordance with State law

Six Elements as above

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)

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 is required as specified in §302.35(c)(3)(i)-(iii).

No required subsequent attempts to locate unless there is a new request.

State agency that is administering a Child and Family Services program (IV-B) or a Foster Care and Adoption IV-E program.

Section 453(c)(4)

To facilitate the location of any individual who has or may have parental rights with respect to the child.

Section 453(a)(2)(iv)

Noncustodial Parent

Putative Father

Custodial Parent

Child

Section 453(a)(2)(A)

Federal Parent Locator Service

In-state sources in accordance with State law

Six Elements as above

Wages, income, 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)

No IRS information unless independently verified.

No MSFIDM information and no State FIDM information provided.

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 SOURCES SEARCHED AUTHORIZED INFORMATION RETURNED LIMITATIONS [1]

[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.

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)

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.

LOCATING AN INDIVIDUAL SOUGHT IN A PARENTAL KIDNAPPING

CASE

Agent or attorney of the US 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 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.

APPENDIX C: AUTHORITY FOR STATE IV-D AGENCIES TO RELEASE INFORMATION TO NON-IV-D FEDERAL, STATE AND TRIBAL PROGRAMS
Authority 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.

To perform State or Tribal agency responsibilities of designated programs.

State or Tribal agencies administering title IV, XIX, and XXI 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) of the Act without independent verification.

   -   Need verification for other purposes.

Sections 453A(h)(2) and 1137 of the Act – State Directory of New Hires

Income and eligibility verification purposes of designated programs.

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