[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR303.70]

[Page 251-252]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 303_STANDARDS FOR PROGRAM OPERATIONS--Table of Contents
 
Sec. 303.70  Requests by the State Parent Locator Service (SPLS) for 
information from the Federal Parent Locator Service (FPLS).

    (a) Only the central State PLS office, and any additional IV-D 
offices designated under Sec. 302.35(b), may submit requests for 
information to the Federal PLS.
    (b) All requests shall be made in the manner and form prescribed by 
the Office.
    (c) All requests shall contain the following information:
    (1) The parent's name;
    (2) The parent's social security number (SSN). If the SSN is 
unknown, the IV-D agency must make every reasonable effort to ascertain 
the individual's SSN before submitting the request to the Federal PLS;
    (3) Whether the individual is or has been a member of the armed 
services, if known;
    (4) Whether the individual is receiving, or has received, any 
Federal compensation or benefits, if known; and
    (5) Any other information prescribed by the Office.
    (d) All requests shall be accompanied by a statement, signed by the 
director of the IV-D agency or his or her designee, attesting to the 
following:
    (1) The request is being made to obtain information or to facilitate 
the discovery of any individual in accordance with section 453(a)(2) of 
the Act for the purpose of establishing parentage or establishing, 
setting the amount of, modifying, or enforcing child support 
obligations, or for determining who has or may have parental rights with 
respect to a child, or in accordance with section 453(a)(3) of the Act 
for enforcing a Federal or State law with respect to the unlawful taking 
or restraint of a child, or for making or enforcing a child custody or 
visitation determination as defined in section 463(d)(1) of the Act.
    (2) Any information obtained through the Federal PLS shall be 
treated as confidential and shall be safeguarded under the requirements 
of sections 453(b), 453(l), 454(8), 454(17), 454(26), and 463(c) of the 
Act and instructions issued by the Office.
    (e)(1) The IV-D agency shall pay the fees required under:
    (i) Section 453(e)(2) of the Act;
    (ii) Section 454(17) of the Act in parental kidnapping and child 
custody or visitation cases;
    (iii) Section 453(k)(3) of the Act.
    (2)(i) The IV-D agency may charge an individual requesting 
information, or pay without charging the individual, the fee required 
under sections 453(e)(2), 453(k)(3) or 454(17) of the Act except that 
the IV-D agency shall charge an individual specified in section 
453(c)(3) of the Act the fee required under section 453(e)(2) of the 
Act.
    (ii) The State may recover the fee required under section 453(e)(2) 
of the Act from the noncustodial parent who owes a support obligation to 
a family on whose behalf the IV-D agency is providing services and repay 
it to the individual requesting information or itself.
    (iii) State funds used to pay the fee under section 453(e)(2) of the 
Act are not program expenditures under the State plan but are program 
income under Sec. 304.50 of this chapter.
    (3) The fees required under sections 453(e)(2), 453(k)(3) and 
454(17) of the Act shall be reasonable and as close to actual costs as 
possible so as not to discourage use of the FPLS by authorized 
individuals.
    (4)(i) For costs of processing requests for information under 
sections 453(e)(2) and 454(17) of the Act, and furnishing information 
under section 453(k)(3) of the Act, the Federal government will

[[Page 252]]

charge the IV-D agency periodically. A fee will be charged for 
submitting a case to the FPLS for information.
    (ii) If a State fails to pay the appropriate fees charged by the 
Office under this section, the services provided by the FPLS in cases 
subject to the fees may be suspended until payment is received.
    (iii) Fees shall be transmitted in the amount and manner prescribed 
by the Office in instructions.

(Approved by the Office of Management and Budget under control number 
0960-0165)

[46 FR 54557, Nov. 3, 1981, as amended at 47 FR 24719, June 8, 1982; 47 
FR 57282, Dec. 23, 1982; 51 FR 37731, Oct. 24, 1986; 57 FR 28110, June 
24, 1992; 64 FR 6250, 6251, Feb. 9, 1999; 68 FR 25304, May 12, 2003]