# NOTES TO THE PRESENTER

# OVERVIEW

This package contains presentation materials that provide an overview of
the Federal Parent Locator Service (FPLS). It speaks only in general
terms as to how information is gathered and processed. This package does
not constitute training. It is intended to be an overview presentation,
and you should inform the audience accordingly. It does not include
information on how to complete the Federal Parent Locator Service (FPLS)
request form.

This package includes a full, detailed script and a set of PowerPoint
slides that may be used for outreach to State and local courts.

The first twenty slides discuss the expanded FPLS and should take about
one hour of presentation time. The next 19 slides (#21-#39) about Non
IV-D issues, Access, and Security are designed to take about 30 minutes
of presentation time. The final 6 slides (#40-#45) about the Family
Violence indicator are designed to take about 15 minutes of presentation
time. Slides #21- 45 are optional slides. The presenter should evaluate
the composition of the audience, the level of specificity desired, and
the time allotment for the presentation to determine the appropriateness
of their use.

Slides with multi-part animation are noted, indicating the text that
accompanies each animation.

As presenters know, you can be surprised with challenges such as a
reduced presentation time or an overflow audience. The attached script
offers suggestions, but can be tailored to suit your needs.

# STRETCHING THE PRESENTATION LENGTH

Extend the time for questions and answers. If you don't feel comfortable
providing impromptu responses, ask for problems that participants have
experienced, with the understanding that you cannot provide a solution
or explanation on the spot. Record the problems, then research and
respond to the participant later.

You may also want to consider creating some examples or scenarios to
demonstrate how the expanded FPLS can assist with case processing and/or
demonstrating the benefits to the courts. A scenario illustrating how
the Family Violence indicator works might also prove helpful.

# 

# SUGGESTED PRESENTATION TIPS

-   Move around the front of the room; do not hide behind the podium, or
    remain glued to the computer mouse or keyboard.

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-   If you have anything in your pockets that can make noise, remove it
    and place it where you can retrieve it after the presentation, but
    will not be playing with it during the presentation. This includes
    pens that 'click'.

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-   Test the presentation equipment and the Powerpoint presentation at
    least one half hour before the scheduled start time. Come prepared
    with a backup plan in case of equipment failure. For example,
    provide photocopies of the slides for presentation to the
    participants. If the equipment fails, don't worry. This detailed
    script lists and discusses every item covered on each slide.

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-   Check the room lighting and controls. If you need to leave some
    lights on for the participants to take notes, the lighting should be
    as far away as possible from the screen to prevent washout of the
    Powerpoint images.

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-   Always give the audience some materials to take home. Many learners
    need to read information in order to retain it. This also provides
    the participant with future reference material. The packet entitled
    "Child Support and the Courts" available at OCSE is an excellent
    handout to use in conjunction with this presentation.

-   Try to get an idea of who is in the audience. This will allow you to
    tailor the presentation to the particular audience. For example, you
    may review the participant list if you are giving this presentation
    as part of a conference. You may also ask participants to identify
    themselves and provide some indication of their focus -- child
    support, courts, etc.

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-   Try to get a sense of the audience's previous exposure to the FPLS.
    If they are already familiar with the FPLS, you can spend more time
    on the new and expanded information. Example: By show of hands, how
    many of you have heard of the Federal Parent Locator Service? How
    many of you have used the FPLS to obtain locate information?

> NOTE: Please feel free to contact Jeff Johnson, FPLS Judicial Outreach
> Coordinator if you have questions with respect to his program. Jeff's
> number is (202) 401-5567 or <jjohnson@acf.dhhs.gov>.

# OUTLINE -- PRESENTATION on the

# EXPANDED FEDERAL PARENT LOCATOR SERVICE

Purpose: To provide the audience with an overview of the Expanded
Federal Parent Locator Service.

1.  The problems Congress had tried to address

2.  The Old Way (How the FPLS previously operated)

3.  Welfare Reform (PRWORA)

4.  State Directory of New Hires (SDNH)

5.  State Case Registry (SCR)

6.  National Directory of New Hires (NDNH)

7.  Federal Case Registry (FCR)

8.  What Courts Can Do to Help/Benefits to the Courts

> 9\. Non IV-D Issues
>
> 10\. Access and Security

11. Family Violence Indicator

Audience: Judicial officers and court personnel

Presenter: Minimum experience in child support

Length: Approximately 60-90 minutes

Visual Aids: PowerPoint slide presentation

Handouts: Child Support and the Courts packet

# GREETING AND INTRODUCTION

Good morning/afternoon. My name is \_\_\_\_\_\_\_, and I am here from
\_\_\_\_\_\_\_\_\_\_ .

Thank you for coming today to learn more about the Expanded Federal
Parent Locator Service, also called the FPLS.

Why is child support so important? The bottom line is that if parents do
not support their children, the rest of us will. And America's children
are our future.

Today we are going to spend \_\_\_\_\_\_\_\_\_\_\_ talking about the
expanded FPLS and how it involves you as judges and court personnel (or
insert the title of the group you are speaking to).

I'm going to use a series of slides to show you what the Expanded FPLS
is, how the Expanded FPLS operates, and to discuss what the FPLS needs
from you to work effectively and help America's children.

(Optional)- I will leave about \_\_\_ minutes at the end of the
presentation for questions and answers.

Because of the limited time this morning/afternoon, we'll keep the
discussion somewhat general, but if you have more questions about the
details, I will be happy to talk with you individually after the
session. I can't promise that I will be able to answer every question,
but I can advise you where the answer can be found.

SLIDE (#1)

\[TITLE - THE EXPANDED FEDERAL PARENT LOCATOR SERVICE\]

The child support enforcement program was created by Congress in 1975
under Title IV-D \["four --D"\] of the Social Security Act. You will
hear me refer to "IV-D" throughout this presentation. That means that I
am referring to the child support program.

The child support program is responsible for establishing paternity and
setting, collecting, and modifying child support obligations and medical
support for single-parent families.

Locating the noncustodial parent is an essential element in the
establishment of paternity and collection of child support.

The FPLS was envisioned from the beginning of the child support program
as a valuable tool in the location process.

SLIDE #2

\[TITLE -- THE PROBLEMS\]

Over the past 20 years, the IV-D program has changed in response to the
increasing needs of families and children.

High rates of divorce, separation, and out of wedlock births have
transformed the setting in which many children are raised, overwhelming
the welfare system, the caseloads of IV-D agencies, and State courts.

Absence of a parent is the leading cause of poverty among children.

SLIDE #3

\[TITLE -- THE PROBLEMS (CONTINUED)\]

Many caretakers never obtain a support order due to difficulty in
locating the noncustodial parent for service of process.

Half of all cases receive less than the ordered amount of support or no
support at all.

Nationally there are billions of child support dollars that remain
uncollected each year.

The family court dockets continue to grow which can increase the amount
of time before support is ordered, or lead to parties dropping their
case because of time delays.

Because of our mobile society, the number of child support cases
involving parents residing in different states continues to grow. Nearly
34 percent of all child support cases are interstate cases.

Frequent address and job changes impact both intra and interstate cases.

Keeping track of parents who move from state to state has always been
one of the most difficult tasks in child support enforcement.

This is not by any means intended to offer a complete list of child
support enforcement challenges, but to illustrate some of the societal
issues which have created the need for a faster process to locate
noncustodial parents.

SLIDE #4

\[TITLE - THE OLD WAY\]

This slide demonstrates the old process used to obtain locate
information from the FPLS.

When the child support agency sent a request to FPLS the agency had to
tell FPLS which source to search. They could select one or more, but
FPLS was only reacting to the specific request.

\[For reference only, you do not need to identify these unless asked a
question:

  ------------ ----------------------------------------------------------
  SSA -        Social Security Administration- searches the three
               identified files: SSN, Employer and MBR- Master Benefit
               Record, which includes SSI benefits

  IRS -        Internal Revenue Service

  DOD/OPM -    Department of Defense; Office of Personnel
               Management-handles retirement of military

  VA -         Veterans Administration

  SESA -       State Employment Security Agencies -- Unemployment

  SSS -        Selective Service System- (FPLS is no longer using)

  FBI -        Federal Bureau of Investigation
  ------------ ----------------------------------------------------------

SLIDE #5

\[TITLE - LIMITATIONS\]

{There is six part animation on this slide}

Because of the way the old system was operating, it had some limitations
including:

***First animation*** Response time was too slow.

***Second animation*** FPLS was only reacting to a locate request.

***Third animation*** Information was not always current so it had
limited usefulness. The noncustodial parent may have moved by the time
the information was received.

***Fourth animation*** The main way to obtain discovery was using the
court process- subpoenas, interrogatories, and discovery motions.

***Fifth animation*** Courts were unaware if there were existing support
orders, which often led to multiple orders for the same parties and
children, especially in interstate cases.

SLIDE #6

\[TITLE- THE ANSWER - NEW FEDERAL LEGISLATION\]

Earlier we discussed several social issues such as the increase in the
divorce rate, the number of out of wedlock births, the increasing number
of interstate cases, and the limitations of the existing Federal Parent
Locator Service.

These are some of the issues that led Congress to look at domestic
relations problems in this country and how they could be addressed. This
resulted in new federal legislation signed in 1996.

The Personal Responsibility and Work Opportunity Reconciliation Act,
PRWORA \[pronounced "per-wor-ah"\] more commonly referred to as welfare
reform, is a primary example of Congressional direction to shape family
law matters.

In crafting PRWORA's child support provisions, there was universal
agreement that the abilities to locate noncustodial parents, secure
payment by income withholding, and to attach financial assets were key
requirements to improving the child support program nationwide.

PRWOWA placed a number of data gathering requirements at the State and
federal level. This data is used in the Expanded Federal Parent Locator
Service.

SLIDE #7

\[TITLE -- WELFARE REFORM\]

{There is three part animation to this slide}

***First animation*** At the State level, PRWORA mandated each State to
create a State Directory of New Hires

***Second animation*** And a State Registry of Child Support Cases.

***Third animation*** This data is transmitted to the federal level to
be included in the expanded FPLS in the National Directory of New Hires
and the Federal Case Registry.

I am going to spend the next few minutes discussing each of these
databases in detail.

SLIDE #8

\[TITLE -- STATE DIRECTORY OF NEW HIRES\]

For court purposes, it may not seem that this information is useful.
However, we need to discuss it to understand how this data is matched
against the State Case Registry and how States use this data in the
enforcement of child support obligations.

The information gathered for the State Directory of New Hires includes
the name, address, and Social Security Number of the employee.

The name, address, and Federal Employer Identification Number (FEIN) of
the employer.

State-specific requirements are not reported to the federal level.
PRWORA allowed States to gather additional data elements if they saw a
need for it, but these additional elements are maintained only at the
State level.

For example, some States require that the employer report the date of
hire of the employee.

Other States are requiring employers to report whether medical insurance
is available to the employee.

SLIDE #9

\[TITLE -- STATE CASE REGISTRY\]

The second component for the states is the State Case Registry.

All open IV-D cases are required to be included in the State Case
Registry. If a State has an operating certified statewide child support
system, they may only need to add or delete reported data elements in
order to comply with the new statutory mandates.

In addition, all non IV-D support orders established or modified after
October 1, 1998 must be included in the State Case Registry. This means
all 'private' orders or orders not being enforced through the IV-D
agency.

Most State child support agencies and the courts have not been tracking
this information, and that is where the courts assistance is needed.

An interface, data exchange or file transfer needs to be established on
a State by State basis with the courts to gather the information to be
transmitted first to the State level SCR, and then on to the FCR.

I have two examples of how this process is being implemented:

Some States mandated that every case is to be considered a IV-D case in
their State legislation to implement PRWORA, so that the information is
captured by their statewide system.

Other States are entering into cooperative agreements with the courts to
create a file transfer to get the data about the non IV-D cases reported
to their State Case Registry.

SLIDE #10

\[TITLE -- SCR DATA ELEMENTS\]

The next two slides show the data elements that are required to be
maintained by the State Case Registry.

This slide shows the elements that are required for all IV-D cases and
non IV-D orders. This data is to be obtained for each participant in the
case (CP, NCP, PF, CH).

\- Name

\- Social Security Number or other ID

\- Date of Birth

> \- Case ID number- can be a docket number or any other unique
> identifier
>
> applied to the case by the State

\- Case status- whether it is a IV-D or non IV-D case

> \- Family Violence Indicator -- if appropriate
>
> \- Issuing State of an order

There was recognition by Congress in expanding the FPLS that a number of
individuals who would be included in the FPLS, were either victims of
domestic violence or could be potential victims of domestic violence.

There was a need to offer some sort of protection regarding the location
information of these individuals.

This was accomplished by allowing States to impose a family violence
indicator at the participant level so that there would be no release of
locate information about that person which might ultimately be disclosed
improperly, putting their safety at risk. In addition to being a
protection against domestic violence, it can also be used to protect
against child abuse.

SLIDE #11

\[TITLE -- SCR DATA ELEMENTS (CONTINUED)\]

This information is only required to be collected for active IV-D cases:

> Amount of support owed and other amounts due- this would include fees
> such as genetic testing fees.

Amounts collected and distributed.

Amount of any lien.

> Other information as required by the secretary. This requirement was
> placed in the regulation as a catchall for future changes. It is
> likely that in the future additional data elements may need to be
> gathered. The Secretary of Health and Human Services has stated that
> no additional data requirements will be imposed without first checking
> with the State Workgroup and giving States adequate time to re-program
> their systems to collect the additional data.

States are required to update this information to the Federal Case
Registry within five (5) business days of any information that would
cause a change in the case.

SLIDE #12

\[TITLE -- NATIONAL DIRECTORY OF NEW HIRES\]

This slide lists the data elements that must be included in the National
Directory of New Hires (NDNH). The NDNH was implemented on October 1,
1997.

The information contained in the directory includes new hire data
gathered by the State Directory of New Hires.

Quarterly wage data and unemployment data are transmitted from the State
Employment Security Agencies directly to the National Directory of New
Hires.

Quarterly wage data is also obtained from Federal agencies. This is
information we did not receive in the past as these agencies had been
exempt from many of the requirements imposed on employers outside of the
federal government.

The multistate employer list is an outcome of issues raised by large
multistate employers. They were concerned about the burden of having to
report to numerous states.

Large employers like Wal Mart and McDonalds are allowed to select a
single State where they do business and report all of their employees
throughout the country to that single state.

The only additional requirements are that they must report
electronically and they must notify the Secretary of their intention to
report to a single State.

FPLS maintains the list of multistate employers and provides this list
to States. Therefore, they can track where their employers report and
what employers have chosen to report to them.

SLIDE #13

\[TITLE- FEDERAL CASE REGISTRY\]

{This slide has three part animation}

The Federal Case registry contains the same data elements as the State
Case Registry.

***First animation*** All IV-D cases

***Second animation*** All non IV-D orders established or modified after
October 1, 1998

***Third animation*** Must be operating by October 1, 1998. (The system
was in operation by that date)

SLIDE #14

\[TITLE -- FEDERAL CASE REGISTRY\]

It is important to understand that the Federal Case registry is a
pointer system; it does not contain all of the data that is contained in
the various statewide automated child support systems.

It provides information so that States can identify if they have cases
and/or participants in common

The Federal Case Registry provides basic information about orders to
States to facilitate interstate case processing but does not indicate
which State has Continuing Exclusive Jurisdiction (CEJ) or which order
is the controlling order for Uniform Interstate Family Support Act
(UIFSA) purposes.

There is a data element to indicate that there is an order in the case,
but that does not mean that it is the controlling order for UIFSA
purposes.

SLIDE #15

\[TITLE -- FCR DATA ELEMENTS\]

These are the data elements required by the Federal Case Registry.

They are in two categories. The first is data maintained at the case
level:

\- Case ID number which uniquely identifies this case from other
cases. - Case Type (IV-D or non IV-D)

\- Order Indicator -- Yes or No indicator to identify if there is any
order in

the case, and may not even be a support order.

Person Data:

\- Name

\- Social Security Number

\- Participant type

CP- custodial parent

NCP- non custodial parent

PF- putative father

CH- child

\- Date Of Birth

\- Sex -- gender

\- Family Violence Indicator -- if applicable

\- Member ID Number

SLIDE #16

\[TITLE -- FPLS PROACTIVE MATCHING

{There is three-part animation to this slide}

This slide shows what the FPLS does to make sure that States get
current, valid, data back on participants in their cases.

There are three types of matching that the FPLS does:

***First animation*** First, any time a IV-D participant is added to the
Federal Case Registry, the FCR will check within itself to see if that
individual is involved in another case in another State, and report
matches back to both States. The IV-D caseworker can follow up with the
other State.

There is no proactive matching that occurs on non IV-D orders. The FPLS
is not required to work on non IV-D orders, but the non IV-D orders are
loaded into the system to facilitate interstate case processing.

***Second animation*** The second type of matching is from the Federal
Case Registry to the National Directory of New Hires.

If any participant in a IV-D case is added to the Federal Case Registry
and a match occurs with any record contained in the National Directory
of New Hires --that data is reported back to the State. This matching
also occurs on IV-D cases only.

***Third animation*** The third type of match occurs when any new person
is added to the National Directory of New Hires. If there is a match
with anyone contained in the Federal Case Registry, that data is
reported back to the State. Again, this is for IV-D cases only.

SLIDE #17

\[TITLE -- EXTERNAL LOCATE SOURCES\]

Here we see the existing external locate sources used by the FPLS and
the data that is returned.

This has become more automated than the paper process used in the past.

> SSA - (Social Security Administration) Social Security Number, Master
> Benefit Record Information, and employer information.
>
> DOD/OPM - (Department Of Defense) Home address and additional
> Information.
>
> IRS - (Internal Revenue Service) Social Security Number, address, and
> Project 1099 data.
>
> VA - (Veterans Administration) pension, compensation, and educational
> benefits.
>
> FBI -- (Federal Bureau of Investigations) Address and Locate
> Information

SLIDE #18

\[TITLE -- FPLS - THE NEW WAY\]

{There is six part animation on this slide}

This slide ties the whole FPLS operation together.

These are the various components of the Expanded Federal Parent Locator
Service; the National Directory of New Hires, the Federal Case Registry,
and the external locate sources used by the FPLS.

\- Social Security Administration

\- Department of Defense / Office of Personnel Management

\- Project 1099

\- IRS

\- Veterans Administration

***First animation*** The FPLS receives new hire data from State and
federal agencies reported to the National Directory of New Hires.

***Second animation*** FPLS also receives quarterly wage and
unemployment data from State Employment Security Agencies (SESA's) and
federal agencies that is fed into the National Directory of New Hires.

***Third animation*** The Federal Case Registry receives data from the
State Child Support Case Registries.

***Fourth animation*** The National Directory of New Hires and the
Federal Case Registry interact. This is the proactive matching we
discussed earlier.

***Fifth animation*** If requested then the Federal Case Registry
searches the external locate sources for any additional information.

***Sixth animation*** These are some of the processes the FPLS uses to
verify and distribute the data.

> SSN verification- to identify and correct numbers which may have been
> transposed. It also reports multiple SSN's.
>
> Notify state of other orders- This is another example of proactive
> matching so that each State is aware of other States that have
> participants, cases and orders in common. This allows States to begin
> a discussion to determine the appropriate approach for a particular
> case.

Returns locate information- to States.

SLIDE #19

\[TITLE -- WHAT COURTS CAN DO TO HELP\]

This slide shows what courts can do to help the FPLS provide the best
service.

First -- Include vital information on ALL domestic relations and Family
Law support orders. The data that is required on the federal level and
which must be stored at the State Case Registry for each participant is:

\- Name

> \- Social Security Number -- Other ID#
>
> \- Date of Birth

-   Case ID#

-   

The courts are a critical link in obtaining this information and the
process is simplified if it is included in the orders. This makes it
easier for the IV-D agency to upload the information to the SCR.

Some States have an issue with privacy and including Social Security
Numbers in court files that are public records.

What some courts are doing is reporting the Social Security Number
directly to the IV-D agency and not keeping it in the court file.

Second- Work in cooperation with State Child Support Agencies. Many
states have a good working relationship between the courts and the IV-D
agencies.

Third- Use the standard income withholding form that has been developed
by the Secretary of Health and Human Resources pursuant to 42 USC
666(b)(6)(A)(ii).

The FPLS TA Team is willing to assist in any way possible to gather the
needed data to make the Expanded FPLS a success.

For example, Federal Financial Participation (FFP) is available to the
child support agency. The court can bill the child support agency for
their costs in gathering the data. The child support agency can submit
this as an operation cost and receive 66% FFP in return.

Another example is the OCSE software program for gathering the data that
is available free to any state.

Slide #20

\[TITLE -- BENEFITS TO COURTS\]

With better and more timely locate and employment information courts can
obtain orders more quickly and the amount of the support ordered will
more accurately reflect the current financial status of the parties.

The ability to find out if there are orders in other States or other
orders within the State can help to eliminate duplicate cases.

In addition, immediate enforcement of existing orders can occur rather
than having the time delay to obtain a new order.

The ability to have timely information can also streamline the discovery
process since courts have the ability to request FPLS information. This,
in turn, can lead to easing of the burden on over crowded court dockets.

***OPTIONAL SLIDES***

SLIDE #21

\[NON IV-D ISSUES\]

This is a title slide only.

SLIDE #22

\[NON IV-D ORDERS\]

42 U.S.C. 654A(e)(1) is the statutory citation which requires that every
order established or modified after October 1, 1998 must be included in
the State Case Registry.

SLIDE #23

\[LINKING OF LOCAL REGISTRIES\]

42USC§654A(e)(2) This is the Code of Federal Regulations citation that
indicates that local case registries can be linked through an automated
information network to create the State Case Registry.

SLIDE #24

\[ACCESS AND SECURITY\]

This is a title slide only.

SLIDE #25

\[AUTHORIZED PERSONS & AUTHORIZED PURPOSES\]

Access to FPLS data is controlled by a two-prong test.

A request must be: (1) from an authorized person; and (2) for an
authorized purpose. Both of these elements must be satisfied in order to
request FPLS data.

SLIDE #26

\[TITLE -- REQUESTING FPLS DATA\]

{There is two part animation on this slide}

There are two types or categories of requests that can be sent to the
FPLS:

***First animation*** A Section 653 request is for establishing
paternity, or establishing, modifying, or enforcing a child support
order. These are the traditional child support activities.

***Second animation*** A Section 663 request is for the purpose of
establishment or enforcement of custody and visitation orders, or in a
case of parental kidnapping.

I will talk about each of these categories in terms of why a request for
FPLS data may be made who may request the data, how they make a request
for FPLS data and what they receive in response to their request.

SLIDE #27

\[TITLE - CATEGORY 1 -- CHILD SUPPORT PURPOSES\]

This is a title slide only.

SLIDE #28

\[ TITLE - CHILD SUPPORT PURPOSES -- WHY?\]

These are your more traditional child support purposes. Information may
be requested from the FPLS for paternity establishment purposes or to
establish, set the amount of, modify or enforce a child support
obligation.

SLIDE #29

\[TITLE -- CHILD SUPPORT PURPOSES -- WHO?\]

Here we see the requestors defined by the statute as authorized persons
who may request data from the FPLS. For child support purposes they
"authorized persons", include:

-   The State Child Support Agency, also known as the IV-D agency
    because it was created by Title IV-D of the Social Security Act;

-   A court with jurisdiction over a child support matter;

-   The resident parent, legal guardian, or attorney who represents a
    child who is not a recipient of TANF (Temporary Assistance to Needy
    Families) benefits, and;

-   The State foster care or child welfare agency.

SLIDE #30

\[TITLE -- CHILD SUPPORT PURPOSES - HOW?\]

Pursuant to 45 CFR 303.70 all requests for data should be sent through
the State Child Support Agency.

The request is sent from the court to the State Parent Locator Service,
which is then forwarded to the FPLS.

Data is returned to the State Child Support Agency, which is then
forwarded back to the court, so long as the request from the court was
for an authorized purpose.

SLIDE #31

\[TITLE -- CHILD SUPPORT PURPOSES -- WHAT?\]

The FPLS will provide location information such as name, address and
social security information of the person. The FPLS will also provide
wage and employment information such as the name, address and Employer
ID Number (FEIN) of the person's employer, as well as, income and
benefit information. Additionally the FPLS will provide asset and debt
information. Note, however, that any information obtained through the
IRS must be kept within the child support agency.

SLIDE #32

\[TITLE -- CATETORY 2 -- PARENTY KIDNAPPING-CHILD CUSTORY AND VISITATION
PURPOSES\]

This is a title slide only.

SLIDE #33

\[TITLE -- PARENTAL KIDNAPPING/CHILD CUSTODY AND VISITATION PURPOSES:
WHY?\]

If the request for FPLS data is related to a parental kidnapping or
child custody or visitation purpose, an authorized person may make a
request to:

-   enforce State or Federal law with respect to the unlawful taking or
    restraint of a child -- more commonly known as parental kidnapping,
    or;

> \- to make or enforce a determination for child custody or visitation.

SLIDE #34

\[TITLE -- PARENTAL KIDNAPPING/CHILD CUSTODY OR VISITATION PURPOSES --
WHO?\]

Once again, the only those persons designated by statute as "authorized
persons" may make a request for FPLS data. For Parental Kidnapping or
Child Custody or Visitation the list of authorized persons includes:

SLIDE #35

\[TITLE -- PARENTAL KIDNAPPING/CHILD CUSTODY OR VISITATION PURPOSES --
WHO? (CONTINUED)\]

> \- An agent or attorney of a State with the duty or authority under
> the laws of the State to enforce a child custody of visitation matter;
>
> \- A court with jurisdiction to make or enforce a custody and
> visitation order can submit a request for the purpose of making or
> enforcing a custody and visitation order, and;

-   An agent or attorney of the United States, or of a State, who have
    the duty to investigate, enforce or bring prosecution of the
    unlawful taking or restraint of a child.

SLIDE #36

\[TITLE --PARENTAL KIDNAPPING/CHILD CUSTODY OR VISITATION PURPOSES --
HOW?\]

The manner of submitting a request is the same for a parental kidnapping
or child custody or visitation matter as it is for a child support
matter. There is, however, one exception. An agent or attorney of the
United States, may make their request for FPLS data directly to the
FPLS. They do not have to first access the SPLS.

SLIDE #37

\[TITLE -- PARENTAL KIDNAPPING/CHILD CUSTODY AND VISITATION PURPOSES --
WHAT?\]

A request to the FPLS for parental kidnapping or custody and visitation
by and authorized person will yield basic locate information. More
specifically this is

-   most recent address, and;

> \- place of employment.

SLIDE #38

\[TITLE -- FAMILY VIOLENCE INDICATOR\]

This is a title slide only.

SLIDE #39

\[TITLE -- FAMILY VIOLENCE INDICATOR\]

I mentioned earlier in the presentation when we were discussing the data
elements required for the State Case Registry that as a result of
expanding the FPLS a number of individuals would be included who were
either the victim of domestic violence or child abuse or could be a
potential victim of domestic violence or child abuse. It was recognized
that there was a need to protect the location of these individuals.

This was accomplished by allowing States to impose a family violence
indicator at the participant level, not on the case but on the
individual. As a result, there would be no release of locate information
about that person which might ultimately be disclosed improperly,
putting their safety at risk. In addition to being a protection against
domestic violence, it can also be used to protect against child abuse.

SLIDE #40

\[TITLE -- REQUIREMENTS\]

A State is required to place the family violence indicator on an
individual where there is either a protective order or;

When the State has "reasonable evidence" of family violence and the
disclosure of information could be harmful to the custodial parent or
the child.

SLIDE #41

\[TITLE -- EFFECT OF THE FAMILY VIOLENCE INDICATOR\]

When a person is flagged with the Family Violence Indicator, no
information about that person will be disclosed. Remember this indicator
is assigned at the person level.

SLIDE #42

\[TITLE -- EXCEPTIONS\]

The statute does provide that a court with authority to issue a support
order, or with jurisdiction to enforce a custody or visitation order,
may receive the information. This process is known as the Family
Violence Override.

SLIDE #43

\[TITLE -- FAMILY VIOLENCE INDICATOR OVERRIDE PROCESS\]

This slide demonstrates how a requestor is notified if a person has been
flagged and how the override process is designed.

-   First, the request for information is transmitted to the child
    support agency or the child support agency may make a locate
    request. The request is forwarded to the FPLS, the FPLS responds to
    the child support agency with a "Disclosure Prohibited" code and the
    child support agency notifies the requestor that information will
    not be provided.

-   The authorized person may contact the court to obtain the
    information via the override process.

-   The court will determine if the request should be granted or denied.
    If the request is denied, the process ends. If the request is
    granted, the court sends the request to the child support agency for
    a one-time override of the indicator.

-   The child support agency reviews the request and forwards the
    request to the FPLS, but must first ascertain if the request is from
    an authorized person and for an authorized purpose. The FPLS will
    then alert the State as to the status of the request.

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-   If the request is complete, the FPLS will temporarily remove the
    indicator to provide the information.

-   Once the information is provided, the indicator is reset on the
    person's data file.

-   FPLS sends the requested information back to the State Child Support
    Enforcement Agency.

-   The Child Support Agency with then forward the information back to
    the court in a sealed data packet.

-   After a review of the information received, if the court finds that
    disclosure could be harmful, neither the court nor its agents may
    make any disclosure and the information should be destroyed.

-   If the court determines that disclosure would not be harmful to the
    protected person, the information may be released.