Wash. Admin. Code § 388-428-0010 - Request for address disclosure by a parent when a child is living with a nonparental caretaker
(1) When TANF or
SFA has been approved for a child who is living with a nonparental caretaker,
the address and location of the child may be released to the child's parent
when:
(a) The parent has legal custody of the
child or is allowed visitation rights or residential time with the child under
a court order; and
(b) No court
order restricts or limits the parent's right to contact or visit the child or
the child's caretaker by imposing conditions to protect the child or the
caretaker from harm;
(c) The
department has not found that the caretaker has good cause for refusing to
cooperate in child support enforcement activities related to the parent's
support obligation; and
(d) There
is no substantiated claim or pending investigation involving abuse or neglect
of any child by the parent;
(e)
There are no pending proceedings as listed in subsections (1)(b) through
(d).
(2) A parent may
request the child's address and location:
(a)
In person, with satisfactory evidence of identity, at the community services
office where the child's record is being maintained;
(b) Through an attorney; or
(c) If residing outside the state of
Washington, by submitting a notarized request.
(3) If the request for the child's address
and location is based on a court order granting the parent legal custody,
visitation rights or residential time, the parent must also submit:
(a) A copy of the court order; and
(b) A sworn statement that the order has not
been modified.
(4) Prior
to release of the child's address and location, the child's caretaker will be
notified that:
(a) The child's parent has
requested the information; and
(b)
The information will be released within thirty days from the date of the notice
unless the caretaker:
(i) Provides proof of a
current investigation or pending court case involving the abuse or neglect of
any child by the parent;
(ii)
Provides a copy of a court order which prevents disclosure of the address or
restricts the parent's right to contact or visit the caretaker or the child by
imposing conditions to protect the caretaker or child from harm;
(iii) Requests a fair hearing which results
in a decision that disclosure must be denied because of the existence of one or
more of the conditions in subsection (1) of this section.
(5) A parent's request for
disclosure of a child's address and location will be responded to within
thirty-five days. The response will notify the parent:
(a) Of the child's address and location if
the information may be disclosed;
(b) The reasons for denying the request if
the information may not be disclosed; or
(c) That a decision has not been made because
the child's caretaker:
(i) Has requested a
hearing and a final hearing decision has not been entered; or
(ii) Is claiming good cause for refusing to
cooperate in child support enforcement activities related to the parent's
support obligation and a final decision has not been made on the caretaker's
claim.
(d) When the
decision has not been made because of a pending fair hearing decision or good
cause claim determination, the parent will be notified of the decision within
ten days of the hearing decision or good cause determination.
Notes
Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-428-0010, filed 7/31/98, effective 9/1/98.
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