Chapter 5101:12-20 Location information

5101:12-20-05 Location of an individual for support enforcement program purposes.

(A) This rule and its supplemental rules describe the requirements that shall be followed by a child support enforcement agency (CSEA) for the location of an individual for the purpose of providing support enforcement program services and the location sources that are available for this purpose.

(B) The CSEA shall provide location services when:

(1) The residential address or employment of an individual is unknown; or

(2) A request for location-only services is received.

(C) The CSEA shall accept a request for location-only services when filed by a resident parent, legal guardian, attorney, or agent of a child who is not a recipient of Ohio works first, medicaid, or Title IV-E foster care maintenance benefits.

(D) The CSEA shall access all appropriate location sources within seventy-five days of determining that location is necessary. The CSEA shall access, validate, and utilize the information received from every appropriate location source to take the next step required to provide support enforcement program services.

(E) When information received from the location source is deemed unreliable, or when otherwise appropriate, the CSEA shall verify the information.

Replaces: Part of 5101:1-30-01

R.C. 119.032 review dates: 11/23/2011 and 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 3125.06 , 3125.08
Prior Effective Dates: 9/1/76, 12/1/78, 8/1/82, 11/11/88, 8/1/90, 5/22/92 (Emer), 8/1/92, 12/21/92, 4/1/93, 6/2/01, 6/15/06

5101:12-20-05.1 Location tools.

(A) The child support enforcement agency (CSEA) shall interact with the support enforcement tracking system (SETS) to perform all location functions when those location functions are available in SETS.

(B) A CSEA shall use appropriate child support enforcement network (CSENet) transactions to request information about an individual who is believed to reside or be employed in a state other than Ohio when that state has quick locate capability with Ohio.

When the state in which the individual is believed to reside or be employed does not have CSENet capability with Ohio and the individual for whom the information is being sought is a custodial parent, the CSEA shall use the OMB-0970-0085, "Locate data sheet" in accordance with paragraph (A)(7) of rule 5101:12-70-05.11 of the Administrative Code.

Effective: 07/01/2013
R.C. 119.032 review dates: 04/01/2013 and 07/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03
Prior Effective Dates: 9/1/76, 12/1/78, 8/1/82, 11/11/88, 8/1/90, 5/22/92 (Emer), 8/1/92, 12/21/92, 4/1/93, 6/2/01, 6/15/06, 1/1/08

5101:12-20-05.2 State parent locator service.

(A) The office of child support within the Ohio department of job and family services maintains a state parent locator service (SPLS) to collect location information about individuals. SPLS is accessed through the support enforcement tracking system (SETS).

(B) When the location of an individual is unknown, SETS automatically accesses SPLS in order to determine the location or employment of the individual.

(C) SPLS will receive location information from the following sources:

(1) The Ohio bureau of motor vehicles;

(2) The Ohio new hire registry; and

(3) Other information that is available through data exchange between various entities and the office of management information services within the Ohio department of job and family services. When a child support enforcement agency (CSEA) receives location information through the data exchange, and the information is federal tax information (FTI) as described in rule 5101:12-1-20 of the Administrative Code and its supplemental rules, the CSEA shall separately verify the FTI prior to its use.

Effective: 03/01/2012
R.C. 119.032 review dates: 11/28/2011 and 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03
Prior Effective Dates: 9/1/76, 12/1/78, 8/1/82, 11/11/88, 8/1/90, 5/22/92 (Emer), 8/1/92, 12/21/92, 4/1/93, 6/2/01, 6/15/06

5101:12-20-05.3 Federal parent locator service.

(A) The federal parent locator service (FPLS) is a national location system operated by the federal office of child support enforcement to assist states in locating individuals for the purpose of providing support enforcement program services. FPLS is accessed through the support enforcement tracking system (SETS).

(B) When no location information regarding an individual is obtained from the state parent locator service after sixty days, SETS automatically submits the individual to FPLS.

(C) FPLS accesses multiple location sources including but not limited to:

(1) The national directory of new hire;

(2) The social security administration;

(3) The internal revenue service;

(4) The department of defense;

(5) The federal bureau of investigation; and

(6) The department of veteran's affairs.

(D) FPLS continues to access these location sources every sixty days until the location and employment of the individual are verified.

Replaces: Part of 5101:1-30-01

R.C. 119.032 review dates: 11/23/2011 and 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.08 , 3125.25
Rule Amplifies: 3125.03 , 3125.08 , 4141.22
Prior Effective Dates: 9/1/76, 12/1/78, 8/1/82, 11/11/88, 8/1/90, 5/22/92 (Emer), 8/1/92, 12/21/92, 4/1/93, 6/2/01, 6/15/06

5101:12-20-10 Location for parental kidnapping, child custody, and visitation purposes.

(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 October 1, 2010, which may be viewed at: http://www.gpo.gov/fdsys/. 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 who has the authority or duty to enforce child custody or visitation orders;

(b) Any court or agent of a court with jurisdiction to make or enforce child custody or visitation determination; or

(c) Any agent or attorney of the United States or of a state who has the authority to investigate, enforce, or prosecute the unlawful taking or restraint of a child.

(2) "Authorized purpose" means:

(a) To enforce any state or federal law with respect to the unlawful taking or restraint of a child; or

(b) To determine the whereabouts of a parent or child to make or enforce a custody or visitation determination.

(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 name and location 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) The following is the information that OCS may disclose about the parent or child:

(1) Address;

(2) Employer's name; and

(3) Employers address.

(I) 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.

(J) Restrictions on information disclosure:

(1) Information regarding federal tax information (FTI) shall not be disclosed.

(2) Information regarding multistate financial institution data match (MSFIDM) or single state financial institution data match (SSFIDM) shall not be disclosed.

(3) Information shall not be disclosed when there is reasonable evidence of domestic violence or child abuse and the disclosure of such information could be harmful to the custodial parent or child as described in rule 5101:12-10-20 of the Administrative Code.

(4) Information shall not be disclosed when the disclosure of such information would contravene the national policy or security interests of the United States or the confidentiality of census data.

Replaces: 5101:12-20-10

Effective: 03/01/2012
R.C. 119.032 review dates: 01/01/2017
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, 6/15/06