(a)
Definitions
As used in this section:
(1) "Authorized person" means the Office of the State's Attorney; the Office of the U.S. Attorney; a family relations counselor of the Family Division of the Superior Court; or the Department of Public Safety, Division of State Police, Missing Persons Unit.
(2) "Custody or visitation determination" means a judgment, decree, or other order of a court of competent jurisdiction providing for custody or visitation of a child, and includes permanent and temporary orders, and initial orders and modifications.
(3) "Parental kidnapping" means the unlawful taking or restraint of a child by a parent.
(b)
SPLS established
There is established within BCSE a central SPLS with sole responsibility, under subsection (f) of section 17b-179 of the Connecticut General Statutes, to make referrals to the FPLS in accordance with this section and in compliance with applicable federal regulations.
(c)
SPLS functions
(1) Accept requests to use the FPLS
The SPLS shall only accept requests to use the FPLS from:
(A) BCSE or an agency under cooperative agreement with BCSE or the department which has the duty under such agreement to seek to recover any amounts owed as child and spousal support;
(B) a court or agency thereof that has authority to issue a support order or to serve as the initiating court in an action to seek an order against a noncustodial parent for the support and maintenance of a child;
(C) the resident parent, legal guardian, attorney, or agent of a child who is not receiving TFA, without regard to the existence of a court order against a noncustodial parent who has a duty to support and maintain any such child; or
(D) an authorized person, for the sole purpose of making or enforcing a child custody or visitation determination, or investigating or prosecuting a parental kidnapping case.
(2) Access FPLS
The SPLS shall:
(A) enter the required data into the FPLS automated system within five working days of receipt of a proper referral and
(B) forward information received from the FPLS to the requesting agency or individual within five working days from the date the information is received.
(3) Access other states' SPLS
When a request is made to access another state's SPLS, the SPLS shall, in addition to the efforts of subdivision (2) of this subsection:
(A) send a referral to such other state within five working days of receipt of a proper referral and
(B) forward information received from the other state within five working days of receipt of any information received.
(4) Protect information
(A) In general
Except as provided in subparagraph (B) in this subdivision, any information obtained by the SPLS shall be used and disclosed only in connection with the administration of the IV-D program.
(B) Parental kidnapping and child custody cases
BCSE and the SPLS shall:
(i) restrict access to any information obtained in a parental kidnapping or child custody case to such persons whose duties or responsibilities require access;
(ii) send information obtained from the FPLS only to the requester of such information, and make no other use of the information; and
(iii) destroy any confidential records or information related to the request after the information is sent to the requester.
(d)
Processing fees
A processing fee shall be charged by BCSE in accordance with this subsection to all applicants for location services who are not receiving any other IV-D services. All such fees shall be paid in advance to the commissioner, and shall be nonrefundable even if no information is found.
(1) Location-only cases
The fee for the location of a noncustodial parent when location is the only service requested shall be $10.00 for the basic service, plus $4.00 additional if the noncustodial parent's social security number is not provided by the applicant.
(2) Parental kidnapping and child custody cases
The fee for the location of a noncustodial parent or child in a parental kidnapping or child custody case shall be $20.00 for the basic service, plus $4.00 additional if the noncustodial parent's social security number is not provided by the applicant.
Notes
Conn. Agencies Regs. §
17b-179(f)-1
Effective July 31, 1995; Amended June 8, 1998
