466 Neb. Admin. Code, ch. 5, § 004

Current through September 17, 2024

Section 466-5-004 - PARENT LOCATOR SERVICES

The Department is the agency responsible for maintaining and accessing parent locator services.

004.01STATE PARENT LOCATOR SERVICE. The Department maintains a State Parent Locator Service as set forth in applicable state law and 45 CFR 302.35. Confidential information from the State Parent Locator Service will only be released to authorized persons for authorized purposes. Any information obtained through the State Parent Locator Service remains confidential and must be used solely for the purpose for which it was obtained and must be safeguarded.

004.02FEDERAL PARENT LOCATOR SERVICE. The U.S. Department of Health and Human Services maintains the Federal Parent Locator Service. Only the State Parent Locator Service may submit requests for information to the Federal Parent Locator Service. Any information obtained through the Federal Parent Locator Service is confidential and must be used solely for the purpose for which it was obtained and must be safeguarded.

004.03AUTHORIZED PERSONS. Unless otherwise provided by law, and subject to the restrictions set forth in applicable federal and state law, only the following are authorized to receive information from the State Parent Locator Service and Federal Parent Locator Service:

(A) Any state or local governmental agency, or agent thereof, providing child, spousal, or medical support services under Title IV-D of the Social Security Act;

(B) Any state or local governmental agency administering a IV-A, IV-B, IV-E, Supplemental Nutrition Assistance Program (SNAP) or Medicaid Program;

(C) State governmental agencies involved with the investigation, prosecution, or criminal or civil proceedings conducted in connection with the administration of the programs identified in this section or under 45 CFR Parts 302 and 303;

(D) Any certified Tribal IV-D agency providing child and spousal support services;

(E) A court or tribunal that has authority to issue an order against a noncustodial party for the support and maintenance of a child;

(F) The resident parent, legal guardian, attorney, or agent of a child who is not receiving IV-D services may request location information via a court order only if the individual attests that:

(i) The request is being made to obtain information on, or to facilitate the discovery of, any individual for the purpose of establishing parentage, establishing, setting the amount of, modifying, or enforcing a child support obligation;

(ii) Any information obtained through the State or Federal Parent Locator Service shall be used solely for these purposes and shall be otherwise treated as confidential; and

(iii) The requestor is the resident parent, legal guardian, attorney, or agent of a child not receiving assistance under IV-A; and

(G) A court, an agent, or attorney of the state or federal government in connection with parental kidnapping, child custody, or visitation cases pursuant to this chapter or 45 CFR Parts 302 and 303.

004.04STATE AUTHORIZED PURPOSE. The following are authorized purposes for information from the State Parent Locator Service:

(A) The administration of the Child Support Enforcement IV-D Program;

(B) The administration of a IV-A, IV-B, IV-E, Supplemental Nutrition Assistance Program (SNAP) or Medicaid Program;

(C) Any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of the programs identified in this chapter;

(D) The location of an individual in connection with known or suspected mental or physical injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child who is the subject of child support activity when circumstances indicate that a child's health or welfare is threatened;

(E) The location of an individual in connection with a parental kidnapping, child custody or visitation case pursuant to this chapter or 45 CFR Parts 302 and 303; or

(F) State or federal law which allows or requires disclosure.

004.05FEDERAL AUTHORIZED PURPOSE. The following are authorized purposes for information from the Federal Parent Locator Service:

(A) Establishing paternity;

(B) Establishing, modifying, or enforcing support obligations;

(C) Determining who has or may have parental rights to a child;

(D) Enforcing any state or federal law with respect to the unlawful taking or restraint of a child;

(E) Making or enforcing a determination of child custody or visitation;

(F) Locating a child or a non-parent relative of a child in a IV-B or IV-E case; or

(G) Assisting state governmental agencies to carry out their responsibilities under IV-D, IV-A, IV-B, and IV-E programs.

004.06INFORMATION THAT MAY BE RELEASED. The following information may be provided to authorized persons subject to the exceptions and restrictions set forth in this chapter:

(A) For the purposes set forth in 466 Nebraska Administrative Code (NAC) 5-004.04(A), (B), and (C) and 466 NAC 5-004.05(A), (B), (C), and (G), the following information may be provided:

(i) Person's name, Social Security Number (SSN), and address;

(ii) Employer's name, address, and Federal Employer Identification Number;

(iii) Wages, income, and employment benefits including health care coverage; and

(iv) Type, status, and location of assets or debts owed by or to the individual.

(B) For the purposes set forth in 466 NAC 5-004.04(D) and (E) and 466 NAC 5-004.05(D) and (E), the following information may be provided:

(i) Person's name and address; and

(ii) Employer's name and address.

(C) For purposes of locating a child or non-parent relative under 466 NAC 5-004.04(B) and 466 NAC 5-004.05(F), the following information may be provided:

(i) Person's name, Social Security Number (SSN), and address; and

(ii) Employer's name, address, and Federal Employer Identification Number.

(D) For any other purpose allowed by federal or state law, the information released will be limited to only that information allowed by such law.

004.07FURTHER EXCEPTIONS AND RESTRICTIONS TO RELEASE OF INFORMATION. The following additional restrictions apply to the release of information from the State and Federal Parent Locator Services:

(A) National Directory of New Hire and Federal Case Registry information must not be provided to Title XIX and Title XXI programs unless independently verified;

(B) Internal Revenue Service (IRS) information must not be disclosed outside of the IV-D program unless independently verified; and

(C) Multi-state Financial Institution Data Match and Financial Institution Data Match information must not be disclosed outside of the IV-D program.

004.08FAMILY VIOLENCE INDICATOR. No information shall be disclosed if the Department has reasonable evidence of domestic violence or child abuse against a party or a child and disclosure of information could be harmful to the party or a child. The information can be released to a court of competent jurisdiction upon receipt of an order from that court. It is the responsibility of the court to determine if releasing the information further will be harmful to the parent or child.

004.09REQUIRED INFORMATION. Requests for information from the Federal Parent Locator Service must contain the following information:

(A) The parent's, putative father's, or non-parent relative's name;

(B) The parent's or putative father's Social Security Number (SSN). If the Social Security Number (SSN) is unknown, every reasonable effort to ascertain the individual's Social Security Number (SSN) must be made before making a request;

(C) The non-parent relative's Social Security Number (SSN), if known; and

(D) Any other information required by the Federal Office of Child Support Enforcement.

004.10COURT ORDERS: Requests for information from the State Parent Locator Service and Federal Parent Locator Service directly from courts and from the resident parent, legal guardian, attorney, or agent of a child who is not receiving IV-D services must be in the form of a court order.

466 Neb. Admin. Code, ch. 5, § 004

Amended effective 7/4/2020