45 C.F.R. § 303.70 Requests by the State Parent Locator Service (SPLS) for information from the Federal Parent Locator Service (FPLS).
Title 45 - Public Welfare
(a) Only the central State PLS office, and any additional IV-D offices designated under §302.35(b), may submit requests for information to the Federal PLS. (b) All requests shall be made in the manner and form prescribed by the Office. (c) All requests shall contain the following information: (1) The parent's name; (2) The parent's social security number (SSN). If the SSN is unknown, the IV-D agency must make every reasonable effort to ascertain the individual's SSN before submitting the request to the Federal PLS; (3) Whether the individual is or has been a member of the armed services, if known; (4) Whether the individual is receiving, or has received, any Federal compensation or benefits, if known; and (5) Any other information prescribed by the Office. (d) All requests shall be accompanied by a statement, signed by the director of the IV-D agency or his or her designee, attesting to the following: (1) The request is being made to obtain information or to facilitate the discovery of any individual in accordance with section 453(a)(2) of the Act for the purpose of establishing parentage or establishing, setting the amount of, modifying, or enforcing child support obligations, or for determining who has or may have parental rights with respect to a child, or in accordance with section 453(a)(3) of the Act for enforcing a Federal or State law with respect to the unlawful taking or restraint of a child, or for making or enforcing a child custody or visitation determination as defined in section 463(d)(1) of the Act. (2) Any information obtained through the Federal PLS shall be treated as confidential and shall be safeguarded under the requirements of sections 453(b), 453(l), 454(8), 454(17), 454(26), and 463(c) of the Act and instructions issued by the Office. (e)(1) The IV-D agency shall pay the fees required under: (i) Section 453(e)(2) of the Act; (ii) Section 454(17) of the Act in parental kidnapping and child custody or visitation cases; (iii) Section 453(k)(3) of the Act. (2)(i) The IV-D agency may charge an individual requesting information, or pay without charging the individual, the fee required under sections 453(e)(2), 453(k)(3) or 454(17) of the Act except that the IV-D agency shall charge an individual specified in section 453(c)(3) of the Act the fee required under section 453(e)(2) of the Act. (ii) The State may recover the fee required under section 453(e)(2) of the Act from the noncustodial parent who owes a support obligation to a family on whose behalf the IV-D agency is providing services and repay it to the individual requesting information or itself. (iii) State funds used to pay the fee under section 453(e)(2) of the Act are not program expenditures under the State plan but are program income under §304.50 of this chapter. (3) The fees required under sections 453(e)(2), 453(k)(3) and 454(17) of the Act shall be reasonable and as close to actual costs as possible so as not to discourage use of the FPLS by authorized individuals. (4)(i) For costs of processing requests for information under sections 453(e)(2) and 454(17) of the Act, and furnishing information under section 453(k)(3) of the Act, the Federal government will charge the IV-D agency periodically. A fee will be charged for submitting a case to the FPLS for information. (ii) If a State fails to pay the appropriate fees charged by the Office under this section, the services provided by the FPLS in cases subject to the fees may be suspended until payment is received. (iii) Fees shall be transmitted in the amount and manner prescribed by the Office in instructions. [46 FR 54557, Nov. 3, 1981, as amended at 47 FR 24719, June 8, 1982; 47 FR 57282, Dec. 23, 1982; 51 FR 37731, Oct. 24, 1986; 57 FR 28110, June 24, 1992; 64 FR 6250, 6251, Feb. 9, 1999; 68 FR 25304, May 12, 2003]
Title 45: Public Welfare
PART 303—STANDARDS FOR PROGRAM OPERATIONS
§ 303.70 Requests by the State Parent Locator Service (SPLS) for information from the Federal Parent Locator Service (FPLS).
