PROVIDING CHILD SUPPORT SERVICES

TO FAMILY VIOLENCE VICTIMS

Handouts

Table of Contents

**Handout \# 1**: **Sec. 454. \[42 U.S.C. 654\] -- STATE PLAN FOR CHILD
AND SPOUSAL SUPPORT**

**Handout \# 2:** **Sec. 408. \[42 U.S.C. §608\] -- PROHIBITIONS;
REQUIREMENTS.**

**Handout \# 3: UIFSA Sec. 311 -- PLEADINGS AND ACCOMPANYING DOCUMENTS**

**Handout \# 4:** **UIFSA Sec. 312 -- NONDISCLOSURE OF INFORMATION IN
EXCEPTIONAL CIRCUMSTANCES.**

**Handout \# 5:** **Sec. 453. \[42 U.S.C. 653\] -- FEDERAL PARENT
LOCATOR SERVICE**

**Handout \# 6: 45 C.F.R. §307.11 -- FUNCTIONAL REQUIREMENTS FOR
COMPUTERIZED SUPPORT ENFORCEMENT SYSTEMS IN OPERATION BY OCTOBER 1,
2000.**

# Sec. 454. \[42 U.S.C. 654\] -- STATE PLAN FOR CHILD AND SPOUSAL SUPPORT.

A State plan for child and spousal support must --

\(4\) provide that the State will \--

\(A\) provide services relating to the establishment of paternity or the
establishment, modification, or enforcement of child support
obligations, as appropriate, under the plan with respect to \--

\(i\) each child for whom (I) assistance is provided under the State
program funded under part A of this title, (II) benefits or services for
foster care maintenance are provided under the State program funded
under part E of this title, (III) medical assistance is provided under
the State plan approved under title XIX, or (IV) cooperation is required
pursuant to section 6(l)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2015(l)(1)), unless, in accordance with paragraph (29), good cause or
other exceptions exist;

\(ii\) any other child, if an individual applies for such services with
respect to the child; and

\(B\) enforce any support obligation established with respect to \--

\(i\) a child with respect to whom the State provides services under the
plan; or

\(ii\) the custodial parent of such child;

\* \* \*

\(26\) have in effect safeguards, applicable to all confidential
information handled by the State agency, that are designed to protect
the privacy rights of the parties, including \--

\(A\) safeguards against unauthorized use or disclosure of information
relating to proceedings or actions to establish paternity, or to
establish, modify, or enforce support, or to make or enforce a child
custody determination;

\(B\) prohibitions against the release of information on the whereabouts
of 1 party or the child to another party against whom a protective order
with respect to the former party or the child has been entered;

\(C\) prohibitions against the release of information on the whereabouts
of 1 party or the child to another person if the State has reason to
believe that the release of the information may result in physical or
emotional harm to the party or the child;

\(D\) in cases in which the prohibitions under subparagraphs (B) and (C)
apply, the requirement to notify the Secretary, for purposes of section
453(b)(2), that the State has reasonable evidence of domestic violence
or child abuse against a party or the child and that the disclosure of
such information could be harmful to the party or the child; and

# *Sec. 454. \[42 U.S.C. 654\] -- STATE PLAN FOR CHILD AND SPOUSAL SUPPORT* (Continued)

\(E\) procedures providing that when the Secretary discloses information
about a parent or child to a State court or an agent of a State court
described in section 453(c)(2) or 463(d)(2)(B), and advises that court
or agent that the Secretary has been notified that there is reasonable
evidence of domestic violence or child abuse pursuant to section
453(b)(2), the court shall determine whether disclosure to any other
person of information received from the Secretary could be harmful to
the parent or child and, if the court determines that disclosure to any
other person could be harmful, the court and its agents shall not make
any such disclosure;

\* \* \*

\(29\) provide that the State agency responsible for administering the
State plan --

\(A\) shall make the determination (and redetermination at appropriate
intervals) as to whether an individual who has applied for or is
receiving assistance under the State program funded under part A, the
State program under part E, the State program under title XIX, or the
food stamp program, as defined under section 3(h) of the Food Stamp Act
of 1977 (7 U.S.C. 2012(h)), is cooperating in good faith with the State
in establishing the paternity of, or in establishing, modifying, or
enforcing a support order for, any child of the individual by providing
the State agency with the name of, and such other information as the
State agency may require with respect to, the noncustodial parent of the
child, subject to good cause and other exceptions which \--

\(i\) in the case of the State program funded under part A, the State
program under part E, or the State program under title XIX shall, at the
option of the State, be defined, taking into account the best interests
of the child, and applied in each case, by the State agency
administering such program; and

\(ii\) in the case of the food stamp program, as defined under section
3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h)), shall be defined
and applied in each case under that program in accordance with section
6(l)(2) of the Feed Stamp Act of 1977 (7 U.S.C. 2015(l)(2));

\(B\) shall require the individual to supply additional necessary
information and appear at interviews, hearings, and legal proceedings;

\(C\) shall require the individual and the child to submit to genetic
tests pursuant to judicial or administrative order;

\(D\) may request that the individual sign a voluntary acknowledgment of
paternity, after notice of the rights and consequences of such an
acknowledgment, but may not require the individual to sign an
acknowledgment or otherwise relinquish the right to genetic tests as a
condition of cooperation and eligibility for assistance under the State
program funded under part A, the State program under part E, the State
program under title XIX, or the food stamp program, as defined under
section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h)); and

# *Sec. 454. \[42 U.S.C. 654\] -- STATE PLAN FOR CHILD AND SPOUSAL SUPPORT* (Continued)

\(E\) shall promptly notify the individual and the State agency
administering the State program funded under part A, the State agency
administering the State program under part E, the State agency
administering the State program under title XIX, or the State agency
administering the food stamp program, as defined under section 3(h) of
the Food Stamp Act of 1977 (7 U.S.C. 2012(h)), of each such
determination, and if noncooperation is determined, the basis
therefore\[.\]

# \* \* \*

# Sec. 408. \[42 U.S.C. §608\] -- PROHIBITIONS; REQUIREMENTS.

\(a\) IN GENERAL. --

\* \* \*

\(2\) REDUCTION OR ELIMINATION OF ASSISTANCE FOR NONCOOPERATION IN
ESTABLISHING PATERNITY OR OBTAINING CHILD SUPPORT. \-- If the agency
responsible for administering the State plan approved under part D of
this subchapter determines that an individual is not cooperating with
the State in establishing paternity or in establishing, modifying, or
enforcing a support order with respect to a child of the individual, and
the individual does not qualify for any good cause or other exception
established by the State pursuant to section 654(29) of this title, then
the State \--

\(A\) shall deduct from the assistance that would otherwise be provided
to the family of the individual under the State program funded under
this part an amount equal to not less than 25 percent of the amount of
such assistance; and

\(B\) may deny the family any assistance under the State program.

**UIFSA Sec. 311 -- PLEADINGS AND ACCOMPANYING DOCUMENTS**.

\(a\) A petitioner seeking to establish or modify a support order or to
determine parentage in a proceeding under this Act must verify the
petition. Unless otherwise ordered under Section 312 (Nondisclosure of
Information in Exceptional Circumstances), the petition or accompanying
documents must provide, so far as known, the name, residential address,
and social security numbers of the obligor and the obligee, and the
name, sex, residential address, social security number, and date of
birth of each child for whom support is sought. The petition must be
accompanied by a certified copy of any support order in effect. The
petition may include any other information that may assist in locating
or identifying the respondent.

**UIFSA Sec. 312 -- NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL
CIRCUMSTANCES**.

Upon a finding, which may be made ex parte, that the health, safety, or
liberty of a party or child would be unreasonably put at risk by the
disclosure of identifying information, or if an existing order so
provides, a tribunal shall order that the address of the child or party
or other identifying information not be disclosed in a pleading or other
document filed in a proceeding under this Act.

# Sec. 453. \[42 U.S.C. 653\] -- FEDERAL PARENT LOCATOR SERVICE

(a)(1) The Secretary shall establish and conduct a Federal Parent
Locator Service, under the direction of the designee of the Secretary
referred to in section 452(a), which shall be used for the purposes
specified in paragraphs (2) and (3).

\(2\) For the purpose of establishing parentage or establishing, setting
the amount of, modifying, or enforcing child support obligations, the
Federal Parent Locator Service shall obtain and transmit to any
authorized person specified in subsection (c) \--

\(A\) information on, or facilitating the discovery of, the location of
any individual --

\(i\) who is under an obligation to pay child support;

\(ii\) against whom such an obligation is sought;

\(iii\) to whom such an obligation is owed, or

\(iv\) who has or may have parental rights with respect to a child,
including the individual's social security number (or numbers), most
recent address, and the name, address, and employer identification
number of the individual's employer;

\(B\) information on the individual's wages (or other income) from, and
benefits of, employment (including rights to or enrollment in group
health care coverage); and

\(C\) information on the type, status, location, and amount of any
assets of, or debts owed by or to, any such individual.

\(3\) For the purpose of enforcing any Federal or State law with respect
to the unlawful taking or restraint of a child, or making or enforcing a
child custody or visitation determination, as defined in section
463(d)(1), the Federal Parent Locator Service shall be used to obtain
and transmit the information specified in section 463(c) to the
authorized persons specified in section 463(d)(2).

(b)(1) Upon request, filed in accordance with subsection (d), of any
authorized person, as defined in subsection (c) for the information
described in subsection (a)(2), or of any authorized person, as defined
in section 463(d)(2) for the information described in section 463(c),
the Secretary shall, notwithstanding any other provision of law, provide
through the Federal Parent Locator Service such information to such
person, if such information --

\(A\) is contained in any files or records maintained by the Secretary
or by the Department of Health and Human Services; or

\(B\) is not contained in such files or records, but can be obtained by
the Secretary, under the authority conferred by subsection (e), from any
other department, agency, or instrumentality of the United States or of
any State, and is not prohibited from disclosure under paragraph (2).

\(2\) No information shall be disclosed to any person if the disclosure
of such information would contravene the national policy or security
interests of the United States or the confidentiality of census data.
The Secretary shall give priority to requests made by any authorized
person described in subsection (c)(1). No information shall be disclosed
to any person if the State has notified the Secretary that the State has
reasonable evidence of domestic violence or child abuse and the
disclosure of such information could be harmful to the custodial parent
or the child of such parent, provided that \--

## Sec. 453. \[42 U.S.C. 653\] -- FEDERAL PARENT LOCATOR SERVICE (Continued)

## 

\(A\) in response to a request from an authorized person (as defined in
subsection (c) of this section and section 463(d)(2)), the Secretary
shall advise the authorized person that the Secretary has been notified
that there is reasonable evidence of domestic violence or child abuse
and that information can only be disclosed to a court or an agent of a
court pursuant to subparagraph (B); and

\(B\) information may be disclosed to a court or an agent of a court
described in subsection (c)(2) of this section or section 463(d)(2)(B),
if \--

\(i\) upon receipt of information from the Secretary, the court
determines whether disclosure to any other person of that information
could be harmful to the parent or the child; and

\(ii\) if the court determines that disclosure of such information to
any other person could be harmful, the court and its agents shall not
make any such disclosure.

\(3\) Information received or transmitted pursuant to this section shall
be subject to the safeguard provisions contained in section 454(26).

\(c\) As used in subsection (a), the term "authorized person" means \--

\(1\) any agent or attorney of any State having in effect a plan
approved under this part, who has the duty or authority under such plans
to seek to recover any amounts owed as child and spousal support or to
seek to enforce orders providing child custody or visitation rights
(including, when authorized under the State plan, any official of a
political subdivision);

\(2\) the court which has authority to issue an order against a
noncustodial parent for the support and maintenance of a child, or to
issue an order against a resident parent for child custody or visitation
rights, or any agent of such court;

\(3\) the resident parent, legal guardian, attorney, or agent of a child
(other than a child receiving assistance under a State program funded
under part A) (as determined by regulations prescribed by the Secretary)
without regard to the existence of a court order against a noncustodial
parent who has a duty to support and maintain any such child;

\(4\) a State agency that is administering a program operated under a
State plan under subpart 1 of part B, or a State plan approved under
subpart 2 of part B or under part E.

\(d\) A request for information under this section shall be filed in
such manner and form as the Secretary shall by regulation prescribe and
shall be accompanied or supported by such documents as the Secretary may
determine to be necessary.

\* \* \*

# 45 C.F.R. §307.11 -- FUNCTIONAL REQUIREMENTS FOR COMPUTERIZED SUPPORT ENFORCEMENT SYSTEMS IN OPERATION BY OCTOBER 1, 2000.

At a minimum, each State's computerized support enforcement system
established and operated under the title IV-D State plan at
§302.85(a)(2) of this chapter must:

\* \* \*

\(f\) Information Comparisons and other Disclosures of Information.
Extract information, at such times and in such standardized format or
formats, as may be required by the Secretary, for purposes of sharing
and comparing with, and receiving information from, other data bases and
information comparison services, to obtain or provide information
necessary to enable the State, other States, the Office or other Federal
agencies to carry out this chapter. As applicable, these comparisons and
disclosures must comply with the requirements of section 6103 of the
Internal Revenue Code of 1986 and the requirements of section 453 of the
Act. The comparisons and sharing of information include:

\(1\) Effective October 1, 1998, (or for the child data, not later than
October 1, 1999) furnishing the following information to the Federal
case registry on participants in cases receiving services under the
State plan and in support orders established or modified on or after
October 1, 1998, and providing updates of such information within five
(5) business days of receipt by the IV-D agency of new or changed,
information, including information which would necessitate adding or
removing a Family Violence indicator and notices of the expiration of
support orders:

\* \* \*

\(x\) Family violence indicator (domestic violence or child abuse)\[.\]

\* \* \*