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Administration for Children and Families US Department of Health and Human Services
The Office of Child Support Enforcement Giving Hope and Support to America's Children
[Code of Federal Regulations]
[Title 45, Volume 2, Parts 200 to 499]
[Revised as of October 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR303.70]
[Page 158-159]

TITLE 45--PUBLIC WELFARE AND HUMAN SERVICES

PART 303--STANDARDS FOR PROGRAM OPERATIONS

Sec. 303.70 Requests by the State Parent Locator Service (SPLS) for information from the Federal Parent Locator Service (FPLS).

     (a) Only the central State PLS office, and any additional IV-D offices designated under Sec. 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 absent parent's name;

     (2) The absent 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 solely to locate an individual for the purpose of establishing paternity or securing support or in connection with a parental kidnapping or child custody case.

     (2) Any information obtained through the Federal PLS shall be treated as confidential and shall be safeguarded under the requirements of Sec. 303.21 of this chapter 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 in IV-D cases in which there is no assignment of support rights to the State under Sec. 301.1 of this chapter and in non-IV-D locate-only cases in which the location of an absent parent is the only service requested; and

     (ii) Section 454(17) of the Act in parental kidnapping and child custody cases.

     (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) and 454(17) of the Act.

     (ii) The State may recover the fee required under section 453(e)(2) of the Act from the absent 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 Sec. 304.50 of this chapter.

     (3) The fees required under sections 453(e)(2) 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, the Federal government will charge the IV-D agency periodically. A fee will be charged for submitting a case to the FPLS for location 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.

(Approved by the Office of Management and Budget under control number 0960-0165)

[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]