1 LOCATING INDIVIDUALS THROUGH THE STATE PLS Authorized Person/ Program Authorized Purpose of the Request Persons About Whom Info May Be Asked Sources.

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Presentation transcript:

1 LOCATING INDIVIDUALS THROUGH THE STATE PLS Authorized Person/ Program Authorized Purpose of the Request Persons About Whom Info May Be Asked Sources Searched Authorized Information Returned Limitations (Also See Slide 9) Agent/attorney of a State who has the duty or authority to collect child and spousal support under the IV-D plan. Tribal IV-D having in effect an intergovernmental agreement with a State IV-D agency, for the provision of Federal PLS services. Section 453(c)(1) and 454(7). 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) Noncustodial Parent Putative Father Custodial Parent Child Section 453(a)(2)(A) Federal Parent Locator Service In-state sources in accordance with State law The Six Elements: Person’s Name Person’s SSN Person’s address Employer’s name Employer’s address Employer ID Number Section 453(a)(2)(A)(iii) Wages, income, and benefits of employment, including healthcare coverage Section 453(a)(2)(B) Type, status, location, and amount of assets or debts owed by or the individual Section 453(a)(2)(C)

2 LOCATING INDIVIDUALS THROUGH THE STATE PLS Authorized Person/ Program Authorized Purpose of the Request Persons About Whom Info May Be Asked Sources Searched Authorized Information Returned Limitations 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 Section 453(a)(2)(A) Federal Parent Locator Service In-state sources In accordance with State law The Six Elements 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.

3 Authorized Person/ Program Authorized Purpose of the Request Persons About Whom Info May Be Asked Sources Searched Authorized Information Returned Limitations Resident parent, legal guardian, attorney or agency of a child not receiving IV-A benefits (a non-IV- D request). Section 453(c)(3) 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. Noncustodial Parent Putative Father Federal Parent Locator Service In-state sources in accordance with State law The Six Elements 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 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. LOCATING INDIVIDUALS THROUGH THE STATE PLS

4 Authorized Person/ Program Authorized Purpose of the Request Persons About Whom Info May Be Asked Sources Searched Authorized Information Returned Limitations State agency that is administering a Child and Family Services program (IV-B) or a Foster Case and Adoption IV-E program. Sections 453(c)(4), 453(j)(3) and 454(8) 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 Sections 453(a)(2)(A), 453(j)(3), and 454(8) Federal Parent Locator Service In-state sources in accordance with State law The Six Elements: Person’s Name Person’s SSN Person’s address Employer’s name Employer’s address Employer ID Number Section 453(a)(2)(A)(iii) Wages, income, and benefits of employment, including health care coverage Type, status, location, and amount of assets or debts owed by or the individual Section 453(a)(2)(C) No IRS information unless independently verified. No MSFIDM information and no State FIDM information provided. Any information outside the purpose stated in Section 453(a)(2) and Section 453(j)(3) requires independent verification.

LOCATING INDIVIDUALS THROUGH THE STATE PLS 5 Authorized Person/ Program Authorized Purpose of the Request Persons About Whom Info May Be Asked Sources Searched Authorized Information Returned Limitations State agency that is administering a Child and Family Services program (IV-B) or a Foster Case and Adoption IV-E program. Sections 453(c)(4), 453(j)(3) and 454(8) To assist states in carrying out their responsibilities under title IV-B and IV-E programs. Sections 453(j)(3) and 454(8) Relatives of a child involved in a IV-B or IV-E case Federal Parent Locator Service In-state sources in accordance with State law The Six Elements: Person’s Name Person’s SSN Person’s address Employer’s name Employer’s address Employer ID Number Section 453(a)(2)(A)(iii) No IRS information unless independently verified. No MSFIDM information and no State FIDM information provided. Any information outside the purpose stated in Section 453(a)(2) and Section 453(j)(3) requires independent verification.

6 LOCATING AN INDIVIDUAL SOUGHT IN A CHILD CUSTODY/VISITATION CASE Authorized Person/ Program Authorized Purpose of the Request Persons About Whom Info May Be Asked Sources Searched Authorized Information Returned Limitations Any agent or attorney of any State who has the authority/duty to enforce a child custody or visitation determination. Section 463(d)(2)(A) A court, or agent of the court, having jurisdiction to make or enforce a child custody or visitation determination. Section 463(d)(2)(B) Determining the whereabouts of a parent or child to make or enforce a custody or visitation determination. Section 463(a)(2) A parent or child. Section 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 Section 463(c) No IRS information provided. No MSFIDM or State FIDM information provided. No subsequent attempts to locate unless there is a new request.

7 LOCATING AN INDIVIDUAL SOUGHT IN A PARENTAL KIDNAPPING CASE Authorized Person/ Program Authorized Purpose of the Request Persons About Whom Info May Be Asked Sources Searched Authorized Information Returned Limitations 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. Section 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. Section 463(a)(1) A parent or child. Section 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 Section 463(c) No IRS information provided. No MSFIDM or State FIDM Information provided. No subsequent attempts to locate unless there is a new request.

8 AUTHORITY FOR STATE IV-D AGENCIES TO RELEASE INFORMATION TO NON-IV-D FEDERAL, STATE, AND TRIBAL PROGRAMS AuthorityAuthorized Purpose of the 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 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.

9 AUTHORITY FOR STATE IV-D AGENCIES TO RELEASE INFORMATION TO NON-IV-D FEDERAL, STATE, AND TRIBAL PROGRAMS AuthorityAuthorized Purpose of the Request Authorized Person/Program Authorized Information Returned Limitations 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, SNAP, 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

10 Limitation 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.