CASE MANAGEMENT 

CS 076P Release of Case Information Based on Parent-time Order

10/98 Revised 05/16/07 Training Completed 05/31/07

42 USC 654(26); UCA 30-6-4.2, 62A-11-303, 62A-11-304.2, 62A-11-304.4, 63-46b; R527-005, R527-200; ORS ADM016

 

Statutory Authority

 

The Office of Recovery Services/Child Support Services (ORS\CSS) is required to release location information in its files on a parent and/or child(ren) to the other parent or his/her legal counsel in accordance with the following statutory procedures:

 

UCA 62A-11-303.

“As used in this part:

(1) ‘Adjudicative proceeding’ means an action or proceeding of the office conducted in accordance with  Title 63, Chapter 46b, Administrative Procedures Act.”

 

UCA 62A-11-304.2.

“(1) Through an adjudicative proceeding the office may issue or modify an administrative order that:

 . . . (h) determines an issue that may be specifically contested under this chapter by a party who timely files a written request for an adjudicative proceeding with the office . . .” (emphasis added).

 

UCA 62A-11-304.4.

“. . . (3) Service of all notices and orders under this part shall be made in accordance with Title 63, Chapter 46b, Administrative Procedures Act, the Utah Rules of Civil Procedure, or this section.

 . . . (5) (a) The office shall, upon written request, provide location information available in its files on a custodial parent or non-custodial parent to the other party or the other party's legal counsel provided that:
     (i) the party seeking the information produces a copy of the parent-time order signed by the court;
     (ii) the information has not been safeguarded in accordance with Section 454 of the Social Security Act;
     (iii) the party whose location is being sought has been afforded notice in accordance with Section
62A-11-304.4 of the opportunity to contest release of the information;

     (iv) the party whose location is being sought has not provided the office with a copy of a protective order, a current court order prohibiting disclosure, a current court order limiting or prohibiting the requesting person's contact with the party or child whose location is being sought, a criminal order, an administrative order pursuant to Section 62A-4a-1009, or documentation of a pending proceeding for any of the above; and
     (v) there is no other state or federal law that would prohibit disclosure.
     (b) "Location information" shall consist of the current residential address of the CP or NCP and, if different and known to the office, the current residence of any children who are the subject of the parent-time order. If there is no current residential address available, the person's place of employment and any other location information shall be disclosed.
     (c) For the purposes of this section, "reason to believe" under Section 454 of the Social Security Act means that the person seeking to safeguard information has provided to the office a copy of a protective order, current court order prohibiting disclosure, current court order prohibiting or limiting the requesting person's contact with the party or child whose location is being sought, criminal order signed by a court of competent jurisdiction,
an administrative order pursuant to Section 62A-4a-1009, or documentation of a pending proceeding for any of the above.  (Emphasis added.)
     (d) Neither the state, the department, the office nor its employees shall be liable for any information released in accordance with this section.

(6) CP’s or NCP’s or their legal representatives who are denied location information in accordance with Subsection (5) may serve the Office of Recovery Services to initiate an action to obtain the information.

 

Administrative Rule R527-200-2, under “Definitions,” provides as follows:

e.  "location information" means the current, verified residential address of a CP or NCP and, if different and known to the office, the current, verified residence of any child named in a parent-time order that specifies time periods during which the child shall be with the NCP as provided in Sections 30-3-32 through 30-3-38.  If a current, verified residential address is not available, "location information" means an employment address if known.

f.  "other location information" means a verified, non-residential mailing address such as a Post Office Box or Rural Route, at which a party whose location information is being sought receives mail.

g.  "files" on CP’s or NCP’s means records contained in open child support services cases, in which both paper and electronic case information may be stored.

 

NOTE:  62A-11-304.4(5)(a)(v), “there is no other state or federal law that would prohibit disclosure”, refers to location information received from certain sources.  Information derived from these sources is governed and restricted by other federal and state law. 

 

Additionally, in order for a residential address to be considered “verified”, the non-requesting party must be receiving child support payments from CSS at that address, or in the alternative respond in some manner to the “Notice of Request for Release of Information to the Non-requesting Party: Address Known” or “Notice of Request for Release of Information to the Non-requesting Party: Interstate No Address” notice that provided him/her with the opportunity to contest the release of his/her location information.

 

UCA 30-6-15. Dismissal of protective order when divorce is final.
           “
When a protective order exists and a divorce proceeding is pending between the same parties named in the protective order, the protective order shall be dismissed when the court issues a decree of divorce for the parties if the petitioner in the protective order action is present or has been given notice in both the divorce and protective order action of the hearing, and the court specifically finds that the order need not continue. If the court dismisses the protective order, the court shall immediately issue an order of dismissal to be filed in the protective order action and transmit a copy of the order of dismissal to the statewide domestic violence network as described in Section 30-6-8.” 

 

If a Utah protective order exists, and there is also a Utah divorce decree that was issued in May 2003 or later, at the time a request for locate information is received based on a parent time order, the Regional Quality Assurance Specialist (QA) Children in Care (CIC) Associate Regional Director (ARD) is responsible to review the decree to see if the protective order was dismissed in the decree.

 

 

NOTE:  A nondisclosure order from another state may qualify as a protective order if it was issued by a court and not by an administrative body

 

Request for Location Information Based on Parent-Time Orders

 

Only a custodial parent (CP) or non-custodial parent (NCP), or his/her attorney, may make a request for location information on the other party, or on the child(ren) who are subject to the parent-time order, if the child(ren)’s address is different and known to CSS (e.g., specified relative cases). 

 

NOTE:  If the child(ren) is in State care or custody at the time of the request, CIC will not release the child(ren)’s address.  The custodial agency (DCFS, DYC, Utah State Hospital, etc.) is the keeper of the record for the child(ren)’s address while s/he is in State care or custody, not ORS. 

 

The request must be made in writing and submitted to CSS along with a copy of the parent-time order.  The order may be a provision within the divorce decree or another type of court order.  To receive information on multiple cases, the requesting party must submit copies of each applicable parent-time order(s).

                                    

NOTE:  A parent-time order only applies to unemancipated children.  When a child emancipates, parent-time rights end with the child support obligation.  Therefore, if a parent makes a request for the location of an emancpiated child who has emancipated, CSS is unable to proceed with the request.

 

If you should receive a subpoena that demands location information on a party, refer to and follow the procedures found in Subpoenas or Summons Served Upon ORS.

 

When a written request for location information based on a parent time order is received by CSS, it becomes a “Request for Agency Action” (RAA) and  initiates an adjudicative proceeding under the Utah Administrative Procedures Act (UAPA) found at UCA 63-46b-3(3).  The regional QA/CIC ARD is responsible for this type of review. 

 

Upon receiving the written request for location information based on a parent time order, the assigned agent must:

 

1.                  Reattribute the written request in Content Manager as “MAIL” and assign it to the regional QA/CIC ARD. 

 

NOTE: If the request for the release of a parent’s location information does not have a parent-time order attached, send the request to the QA/CIC ARD to review.  It is the QA/CIC ARD’s responsibility to deny the request, if appropriate. 

 

2.                  Send the regional QA/CIC ARD an email notifying him/her of the written request for location information based on a parent time order.

 

3.                  Continue to work the case(s) to the maximum extent possible during the review process.

 

Presiding Officer Procedures

 

Upon receipt of the written request and parent-time order, the regional QA/CIC ARD, acting as a Presiding Officer, is responsible to complete the steps listed below, make a determination in accordance with state law and rule, and release the information if appropriate. 

 

1.                  Compile the state’s evidence.

a.                   Look on ORSIS for other CSS or CIC cases that share the same participant(s) and coordinate your actions with the respective regional QA(s)/CIC ARD as needed. 

b.                  Review the case for the criteria listed in this section and determine whether a reason already exists to immediately issue a Decision and Order, making it unnecessary to first send notice to the non-requesting party first.  Refer to the following examples:

i.                     There is already an order that prohibits release of location information in the case file and that order does not have an expiration date (e.g., restraining order), or it has not been dismissed or replaced by the court (e.g., a protective order). NOTE:  The civil portion of a protective order automatically expires after 150 days, but the criminal portion continues indefinitely unless it is dismissed by the court.  A judge may dismiss the protective order at the time of the final divorce hearing (see 076.1 above).  If there is a protective order in the case and a divorce decree that was issued in May 2003 or later, review the decree to see if the court dismissed the protective order in the decree.

ii.                   The requesting party did not provide a copy of a parent-time order. 

 

Exception:  If you believe an exception should be made to this requirement because the requesting party states s/he is unable to provide a copy of the parent-time order, and CSS has a copy of the parent-time order currently in effect in the case file, consult with the ARD or RD.

iii.                  The parent-time order is invalid (e.g., not issued and signed by the court) or has been superseded by another order (e.g., a legal custody order in a specified relative case).

iv.                 The child(ren) listed in the parent-time order have emancipated.

v.                   The location information is not available because:

A.                 the case has been closed; or,

B.                 there is no location information for the non-requesting party on ORSIS or in the case file folder; or,

C.                 access to the information is restricted by state or federal law.

c.                   If there is a reason to immediately issue a Decision and Order, generate the “Decision and Order: Release of Information” and send it to the requesting party to inform him/her of the reason why the information cannot be released.  A copy of the order is sent to the non-requesting party at his/her last known residential address.  Either party may ask for reconsideration of the decision or take the matter to court. 

 

2.                  Notify the non-requesting party and gather his/her evidence.    Notice must be given to the non-requesting party (or specified relative) of the proposed action to release his/her location information, unless there is a reason to immediately deny the request (see #1 above).  The non-requesting party must be given the opportunity to contest the action and have his/her information safeguarded by CSS. 

 

NOTE:  CIC will also send notice to the child(ren)’s caseworker to give the caseworker the opportunity to contest the action and provide CIC with required documentation as to why the non-requesting parent’s information should be safeguarded.  

a.                   In accordance with 62A-11-304.4(5)(a)(iii), which requires that the non-requesting party be “. . . afforded notice in accordance with Section 62A-11-304.4 of the opportunity to contest release of the information.” CSS must notify the non-requesting party of the request to release his/her location information by generating and sending the appropriate “Notice of Request for Release of Information” and corresponding cover letter.  When the non-requesting party resides outside of Utah and intervention is required from another IV-D agency to facilitate communication with the non-requesting party (e.g., Utah does not have the non-requesting party’s address), send the interstate letter.

i.                     To the Non-Requesting Party - address is known:

A.                 “Notice of Request for Release of Information to Non-requesting Party: Address Known.”  This gives the non-requesting party 15 calendar days of the date of the notice to contest the proposed release of his/her information. 

B.                 “Cover Letter to Non-requesting Party”.

C.                 A copy of Statute UCA 62A-11-304.4(5).

D.                 A copy of the parent-time order.

ii.                   Interstate Letter to the Other State - address is NOT known:

A.                 “Notice of Request for Release of Information to Non-requesting Party, Interstate No Address.”  This gives the non-requesting party in the other state 30 calendar days of the date of the notice to contest the proposed release of his/her information.  One copy is for the state and one is to be sent by the state to the non-requesting party.

B.                 “Cover Letter to Initiating State”. This letter requests that the other sstate forward the notice to the non-requesting party to notify him/her of the request.

C.                 A copy of Statute UCA 62A-11-304.4(5).

D.                 A copy of the parent-time order.

NOTE:  If the non-requesting party is a specified relative, send the notice to that individual provided the relative does NOT have legal custody through an order that does not grant parent-time rights to the requesting party.  If that is the case, the order granting legal custody to the specified relative negates the parent-time time provisions contained in the parents’ order.  But, if the order granting legal custody to the specified relative includes a provision granting parent-time to the parent(s), the parent(s) may request location information.

If the children are open on different ORSS cases, send a notice to the other parent or specified relative on each case.  For example, the father has asked for the address of all three of his children, two of which are residing with the mother and one of which is residing with a grandparent.  CSS and CIC both have open cases.  The grandmother has been given legal custody of the child residing with her, and a provision for parent-tine was included in the custody order.  Send a separate notice to the mother and to the grandmother.

If a CIC case is involved, the CIC ARD will also send a notice to the custodial agency (e.g., Division of Child and Family Services, or the Juvenile Court) to inform them that CIC will not be releasing the child’s location information, and that the requesting party may be contacting the custodial agency directly for the information.

b.                  Notify the requesting party of the review process.  Send the forms listed below.

i.                     “Cover Letter to Requesting Party”.

ii.                   A copy of the appropriate notice.

iii.                  A copy of Statute UCA 62A-11-304.4(5).

 

Do not release the requested location information during the 15 or 30 day timeframe that the non-requesting party has to contest the action.

 

If necessary, contact the non-requesting party to discuss the evidence. S/he does not need to appear in person to present or dispute evidence.  However, s/he may choose to come into the office.  If an attorney has been retained, s/he may also appear.  If the non-requesting party wants to appear in person, send the “Request for Review Appointment Letter,” which notifies the non-requesting party of the date and time of the review.

 

3.                  Make a determination and issue a Decision and Order. 

a.                   Conduct adjudicative proceeding:  If the request for release action is contested within the allowable timeframes (15 calendar days if the non-requesting party’s address is known and 30 calendar days if the non-requesting party resides outside of Utah and his/her address is not known), conduct an adjudicative proceeding as soon as possible. 

b.                  Consider all of the facts and evidence presented by the parties and make a determination as to whether the information may be released.

 

4.                  Process the Decision and Order.

a.                   Generate and issue the order.

b.                  Sign and date the order.  The order allows the parties 20 days to request reconsideration of the QA’s determination.

c.                   Send by first class mail or deliver a copy of the order to the NCP/CP.  Include the “Decision and Order Cover Letter”.

d.                  Send by first class mail a copy of the Decision and Order to the non-requesting party.  Include the “Courtesy Copy of Administrative Order”.

e.                   Send by first class mail a copy of the order to the NCP/CP’s attorney if s/he is represented by legal counsel, and/or send a copy to the initiating state on an incoming interstate case. 

f.                    Write a case narrative documenting your determination and all actions taken on the case.

 

5.                  Release the Information, if appropriate.   After the 20 days allowed for a party to request consideration, release the locate information, if reconsideration has not been requested by either party.

a.                   Send the “Release Location Information” letter.

b.                  Write a case narrative to document this action in the case narrative(s).

 

NOTE:  If one of the parties request reconsideration of the QA/CIC ARD determination, refer to the Reconsideration Procedures.

 

Reconsideration Procedures

 

“Decision and Orders” that have been issued by CSS are subject to reconsideration if a request is made in writing within 20 days of issuing the “Decision and Order”.  A reconsideration request does not have a specific form, but it must be in writing and must state the specific grounds for which relief is sought. 

 

If reconsideration is requested, the QA/CIC ARE is responsible to take the steps listed below.

 

1.                  Review the case for appropriate actions.  Continue working the case to the maximum extent possible.

 

2.                  Grant or deny the reconsideration request.

a.                   Deny Reconsideration:  If you deny the request for reconsideration, complete the following:

i.                     issue the “Order: RAA Reconsideration Denied.”   Sign and date the order.

ii.                   Mail a copy of the order to the NCP/CP and the other party, and include the “Courtesy Copy of Administrative Order.”  The order provides the NCP/CP with information about his/her appeal options.

b.                  Grant Reconsideration:  If you grant the request for reconsideration, complete the following:

i.                     Issue the “Order: RAA Reconsideration Granted.” 

 

NOTE:  The order provides the NCP/CP with information about his/her options for appeal.

ii.                   Review the fact and evidence of the case, as well as  any new pertinent information received from the applicant/recipient.

iii.                  Issue the order Based on Reconsideration: Non-Cooperation.  The order affirms or amends the original Decision and order.

 

NOTE:  A conference may be conducted to facilitate full reconsideration.

iv.                 Mail by first class mail a copy of the order to the NCP/CP’s attorney if s/he is represented by legal counsel, and/or send a copy to the initiating state on an incoming interstate case.

c.                   Neither Grant nor Deny Reconsideration:  If  the request for reconsideration is not granted or denied within 20 days, the request is considered denied and the original “Decision and Order” stands.

 

3.                  Take the appropriate follow-up actions.  Depending on the outcome of the review, take the next appropriate follow-up action.

 

4.                  Write a case narrative.  Document all actions taken on the case and the reasons(s) for those actions.

 

If the NCP/CP wants to appeal the reconsideration decision or the new order based on reconsideration, s/he may file a court action.  Reconsideration is not a prerequisite for a court action. 

 

Procedures Court Action Filed

 

The NCP/CP may choose to file his/her own court action instead of, or in addition to, requesting an adjudicative proceeding.  The NCP/CP must provide ORS/CSS with evidence that an action has been filed. The evidence of the filing will generally be notice of the legal pleadings.  Once you are notified of the filing, send a referral packet tothe Attorney General’s Office (AGO). 

 

If the court action filed is to obtain an order that prohibits the release of the non-requesting party’s case information, do not release the information to the requesting party pending the outcome of the court action.