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Who May Request FPLS Data

DCL-00-36

Published: March 15, 2000
Information About:
State/Local Child Support Agencies
Topics:
Federal Systems, Federal Parent Locator Service (FPLS)
Types:
Policy, Dear Colleague Letters (DCL)

DCL-00-36

MAR 15, 2000

TO: ALL STATE IV-D DIRECTORS

RE: Who May Request FPLS Data; Who May Request Data from Statewide Child Support Enforcement Systems

Dear Colleague:

We are sending this letter as a reminder of the importance of ensuring that only authorized individuals receive data from the FPLS and from State child support enforcement systems. Requirements for requesting FPLS data and for release of data from State child support systems are in statute and regulations as well as various OCSE publications and issuances. Key references below will be helpful to you in seeking clarification as questions arise.

With regard to requests for and security of FPLS data:

Section 454(8) of the Social Security Act (the Act) specifying a State plan requirement for establishing a service to locate parents; section 454(17) of the Act specifying a State plan requirement for having in effect an agreement under section 463 to use the FPLS for purposes authorized in that section; section 454(26) of the Act specifying a State plan requirement regarding safeguards to protect the privacy rights of individuals applicable to confidential information handled by the State IV-D agency;

Sections 453 and 463 of the Act regarding authorized persons and purposes for which FPLS data may be requested;

Regulations at 45 CFR 303.15 regarding Federal/State agreements to use the FPLS in cases of parental kidnapping, child custody and visitation;

Regulations at 45 CFR 303.70 on requesting FPLS information through the State PLS;

Regulations at 45 CFR 307.10, 307.11 and 307.13 containing functional requirements for statewide automated systems, including requirements for locate, access to information, data exchanges, and security and safeguarding of data;

OCSE-AT-99-09, dated June 16, 1999 on policy questions and responses concerning requests for information from the FPLS;

OCSE-AT-98-27, dated September 17, 1998 containing policy questions and answers on the placement of the family violence indicator; OCSE-DCL-98-122, dated November 25, 1998 on the family violence indicator override process;

OCSE-AT-98-26, dated August 25, 1998 forwarding final regulations implementing statewide automated system requirements based on provisions in the Personal Responsibility and Work Opportunity Reconciliation Act; preamble to regulations contains chart on access to FPLS information;

OCSE-PIQ-98-05, dated August 12, 1998 on requests for information from the FPLS for making or enforcing a child custody or visitation determination;

OCSE-PIQ-98-02, dated May 18, 1998 on court access to the FPLS;

Federal Case Registry Interface Guidance Document, Section 6.7 Request for Locate.

With regard to requests for information from statewide child support enforcement systems:

Section 453A of the Act regarding State Directory of New Hires, especially subsections (f), (g) and (h);

Section 454A of the Act dealing with automated data processing and single statewide automated systems, including data integrity and security, policies restricting access, and information comparisons and disclosures;

45 CFR 302.35 containing requirements for the State PLS;

45 CFR 307.10, 307.11 and 307.13 containing functional requirements for statewide automated systems, including disclosure of information and information exchanges for IV-D purposes, transmitting information to the State TANF automated system, electronic data exchanges with State TANF and Medicaid agencies, caseworker access to certain data, and system confidentiality, security and controls;

Automated Systems for Child Support Enforcement: A Guide for States outlining system certification requirements;

Sincerely,

David Gray Ross
Commissioner
Ofice of Child Support Enforcement