No. 36284 (New Rule): Rule R495-884. Kinship Locate

(New Rule)

DAR File No.: 36284
Filed: 05/29/2012 05:25:56 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to provide information on the services provided by the Office of Recovery Services (ORS) when a kinship locate request is received from the Division of Child and Family Services. The rule defines what is required when making a kinship locate request. This rule incorporates by reference 42 USC 653 (2008) which defines "authorized persons". The rule describes what locate information may be provided from ORS when a kinship locate is received. Although the rule describes what information may be provided by ORS, this rule involves more agencies than just ORS and is being submitted as a Human Services Administrative Rule.

Summary of the rule or change:

Section R495-884-1 contains two subsections. The first subsection states the legal authority that has been granted to ORS/CSS to create rules. The second subsection contains a statement describing the purpose of this specific rule. Section R495-884-2 specifies who may request a kinship locate services from ORS. In addition, it defines who an authorized person is for kinship locate purposes by incorporation of 42 USC 653 (2011). Section R495-884-3 outlines what information must be included when making a request for kinship locate. Section R495-884-4 explains what resources ORS will use to provide kinship locate services when the individual being located is not known on an existing ORS case. It also provides details as to what information may be provided to the requestor when a kinship locate is received contingent on what information is found using the defined locate resources.

State statutory or constitutional authorization for this rule:

• Section 62A-11-107
• 45 CFR 302.35
• 42 U.S.C. 653
• 45 CFR 303.21
• 45 CFR 303.70

This rule or change incorporates by reference the following material:

• Adds 42 U.S.C. 653, published by United States Code, October 2008

Anticipated cost or savings to:

the state budget:

There are no anticipated savings to the state budget due to this administrative rule. There may be minimal costs associated with the time required for workers at the Division of Child and Family Services and workers at the Office of Recovery Services to communicate and verify kinship locate information when a child is in the custody of the state; however, any other costs or savings to the state budget would be due to the underlying statute's requirements.

local governments:

There are no anticipated costs or savings to local government because administrative rules of the Office of Recovery Services/Child Support Services (ORS/CSS) do not apply to local government.

small businesses:

The procedures contained in this rule do not affect small businesses; therefore, there are no anticipated costs or savings for small business due to this rule.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to other persons due to the procedures contained in this administrative rule. Any costs or savings to other persons would be due to the underlying statute's requirements.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons due to the procedures contained in this rule. Any costs to other persons would be due to the underlying statute's requirements.

Comments by the department head on the fiscal impact the rule may have on businesses:

Businesses are not addressed in the proposed rule, and it is not anticipated this rule will create any fiscal impact on them.

Palmer Depaulis, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division 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:

• Shancie Nance at the above address, by phone at 801-536-8191, by FAX at 801-536-8833, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/16/2012

This rule may become effective on:

07/23/2012

Authorized by:

Palmer DePaulis, Executive Director

RULE TEXT

R495. Human Services, Administration.

R495-884. Kinship Locate.

R495-884-1. Authority and Purpose.

(1) The Office of Recovery Services (ORS) is authorized to adopt, amend, and enforce rules as necessary by U.C.A. 62A-11-107.

(2) The purpose of this rule is to provide information about kinship locate services including, who is authorized to request kinship locate services, what information is required to make a request, and what information may be provided from ORS.

 

R495-884-2. Authorized Persons.

(1) 42 USC 653 (2008) defines "authorized persons" and is incorporated by reference.

(2) ORS provides locate information to authorized persons who request location information about the parents, putative father and/or non-parental relatives of children in the custody of the Department of Child and Family Services (DCFS).

(3) An authorized person for kinship locate purposes is a State agency that administers a program under Title IV-B (Child and Family Services) or Title IV-E (Foster Care and Adoption Assistance).

 

R495-884-3. Requesting Kinship Locate Services.

(1) A request from an authorized person must include the following information:

(a) the child's name;

(b) the child's date of birth or social security number;

(c) the individual's name;

(d) the individual's relationship to the child; and,

(e) the individual's date of birth or social security number.

 

R495-884-4. Information Provided for Kinship Locate.

(1) ORS will only provide locate information found using the Federal Parent Locator Service (Federal PLS) and the State Parent Locator Services (State PLS).

(2) ORS will provide the following kinship locate information, if known, about a parent, alleged father or non-parent relative.

(a) the individual's name;

(b) the individual's social security number;

(c) the individual's most recent address; and,

(d) the individual's employer name, employer identification number (EIN), address.

(3) If a safeguard determination has been made for an individual on an ORS case, the individual's information will not be released in accordance with 45 CFR 303.21.

 

KEY: child support, foster care, kinship locate

Date of Enactment or Last Substantive Amendment: 2012

Authorizing and Implemented or Interpreted Law: 45 CFR 302.35; 45 CFR 303.21; 45 CFR 303.70; 42 USC 653; UCA 62A-11-107

 

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