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:

    Effective:

    01/27/2017

    Authorized by:

    Ann Williamson, Executive Director


Document Information

Effective Date:
1/27/2017
Publication Date:
02/15/2017
Type:
Five-Year Notices of Review and Statements of Continuation
Filed Date:
01/27/2017
Agencies:
Human Services, Administration
Authorized By:
Ann Williamson, Executive Director
DAR File No.:
41217
Summary:

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

CodeNo:
R495-884
CodeName:
{45328|R495-884|R495-884. Kinship Locate}
Link Address:
Human ServicesAdministrationRoom DHS ADMINISTRATIVE OFFICE MULTI STATE OFFICE BUILDING195 N 1950 WSALT LAKE CITY, UT 84116
Link Way:

Julene Robbins, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov

Casey Cole, by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov

AdditionalInfo:
More information about a Five-Year Notice of Review and Statement of Continuation is available online. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2017/b20170215.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version. For questions regarding the content or ...
Related Chapter/Rule NO.: (1)
R495-884. Kinship Locate.