No. 41217 (5-year Review): Rule R495-884. Kinship Locate

DAR File No.: 41217
Filed: 01/27/2017 08:17:52 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is needed because it defines the requirement for making a kinship locate request. It also describes the types of locate information that may be provided from the Office of Recovery Services (ORS) when a kinship locate is received. The rule incorporates by reference 42 USC 653 (2008), which defines "authorized persons". Section 62A-11-107 gives the ORS the authority to adopt, amend, and enforce rules necessary to carry out its responsibilities under state law. In addition, 45 CFR 302.35 provides the requirements for ORS to maintain a state parent locator service to provide locate information about authorized persons for authorized purposes. The requirements for safeguarding confidential information and the disclosure of confidential information are found in 45 CFR 303.21. 45 CFR 303.70 further provides the procedures for submitting requests to the state or federal parent locator service for the purpose of locating parents, putative fathers, or children for the purpose of establishing parentage or establishing, setting the amount of, modifying, or enforcing child support obligations; and for the purposes 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; or for the purpose of assisting state agencies to carry out their responsibilities under title IV-A, IV-B, IV-D, and IV-E programs.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received for this rule during or since its enactment.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued because of the laws that require ORS to maintain a state parent locator service for use in locating authorized persons. This rule also provides the procedures required by law to submit requests to the federal and state parent locator service for the purpose of locating parents, putative fathers, or children for the purpose of assisting state agencies to carry out their responsibilities. This rule also provides procedures required by law for releasing information obtained from the federal or state parent locator service, including information that may be safeguarded.

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Human Services
Administration
Room DHS ADMINISTRATIVE OFFICE MULTI STATE OFFICE BUILDING
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [e-mail]
• Casey Cole at the above address, by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at [e-mail]

Effective:

01/27/2017

Authorized by:

Ann Williamson, Executive Director

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