LAW
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Ohio Laws and Rules
(A) This rule describes the use of the federal parent locator service (FPLS) to locate an individual for parental kidnapping, child custody, or visitation purposes, pursuant to 45 C.F.R. 303.15, effective May 12, 2003, which may be viewed at: http://www.gpoaccess.gov/cfr/index.html. This rule also describes the procedures a child support enforcement agency (CSEA) shall follow upon receipt of a request to use FPLS for this purpose.
(B) The following definitions apply to this rule:
(1) “Authorized person” means:
(a) Any agent or attorney of any state with an agreement to use FPLS for this purpose, who has the authority to enforce child custody or visitation orders;
(b) Any court or agency of a court with jurisdiction to issue or enforce child custody or visitation orders; or
(c) Any agent or attorney of the United States or of a state with an agreement to use FPLS for this purpose, who has the authority to investigate, enforce, or prosecute a case involving parental kidnapping.
(2) “Authorized purpose” means:
(a) Enforcing the law with respect to the unlawful taking or restraint of a child;
(b) Establishing or enforcing a child custody determination; or
(c) Establishing or enforcing a parenting time or visitation order.
(3) “Custody or visitation determination” means a judgment, decree, or other order of a court providing for custody or visitation of a child and includes initial, permanent, and temporary orders and modifications.
(4) Individual” means:
(a) A parent; or
(b) A child.
(C) An authorized person may petition a court to use FPLS to obtain the current residential address or place of employment of an individual when the information requested will be used for an authorized purpose. When the court determines that the authorized purpose is valid, it will send to the CSEA in the county where the court is located a court order that requests access to FPLS for this purpose.
(D) A law enforcement agency may submit a direct request document for the use of FPLS to the CSEA.
(E) The court order or direct request document should contain the following:
(1) The full name of the individual;
(2) The birth date of the individual;
(3) The social security number of the individual; and
(4) The signature of the judge or other official authorizing the request.
(F) Upon receipt of a court order or direct request document, the CSEA shall forward the court order or request document to the office of child support (OCS).
The CSEA shall not create a case as a result of the receipt of a court order or direct request document.
(G) The court order or direct request document shall constitute the basis for OCS to access FPLS for this purpose and shall be the only record maintained by OCS.
(H) Any information OCS receives from FPLS will be sent to the CSEA. The CSEA shall submit the information to the court or law enforcement agency that made the request. Upon submission of the information to the court or law enforcement agency, the CSEA shall destroy all records and information related to the request and the CSEA’s involvement shall be considered concluded.
Replaces: Part of 5101:1-30-04
Effective: 06/15/2006
R.C. 119.032 review dates: 06/01/2011
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03, 3125.06, 3125.24
Prior Effective Dates: 6/1/86, 6/2/89, 8/1/90, 5/22/92 (Emer), 8/1/92, 4/1/93, 4/1/95, 6/2/01