Section 113300 - Non-Title IV-D Parental Kidnapping/Child Custody Locate Only Requests(a) Each local child support agency shall accept requests from authorized requestors to access the Federal Parent Locator Service to determine the whereabouts of any parent or any child for the purpose of enforcing any state or federal law pertaining to the unlawful taking or restraint of a child or making or enforcing a child custody or visitation order. (1) Authorized requestors under this section shall be limited to: (A) Any agent or attorney of any state having an agreement to use the Federal Parent Locator Service who has the duty or authority to enforce a child custody or visitation order.(B) Any court, or its agent, having jurisdiction to make or enforce a child custody or visitation order.(C) Any agent or attorney of the United States, who has the duty or authority to investigate, enforce, or bring a prosecution with respect to the unlawful taking or restraint of a child.(2) The Federal Parent Locator Service shall be accessed only by the California Parent Locator Service on behalf of authorized requestors.(3) Fees for Non-Title IV-D Parental Kidnapping/Child Custody Locate Only requests shall: (A) Not be eligible for federal financial participation.(B) Be paid by the state and not charged to the requestor.(b) Upon receipt of a request from an authorized requestor, each local child support agency shall: (1) Complete the form specified in Section 113200(b)(1) in hard copy or electronic media. The CR60 completed pursuant to this subparagraph shall: (A) Identify the request as a Parental Kidnapping/Child Custody Federal Parent Locator Service Non-IV-D Locate Only request.(B) Contain the birth date in addition to the information specified in Section 113200(b)(1)(B).(2) Include a statement, as required by 45 CFR, Section 303.70(d), signed by the director of the local child support agency, or his or her designee, attesting that information is being sought by an authorized requestor for the purpose of enforcing any state or federal law pertaining to the unlawful taking or restraint of a child or making or enforcing a child custody or visitation order. Such statement shall also specify that information received through the Federal Parent Locator Service shall be treated as confidential and safeguarded in accordance with the requirements specified in Article 5, of Chapter 1.(c) In addition to all requirements specified in Section 113200(c), each local child support agency shall: (1) Restrict access to the information to authorized persons whose duties or responsibilities require access in connection with child custody and parental kidnapping cases.(2) Store the information during nonduty hours, or when not in use, in a locked container within a secure area that is safe from access by unauthorized persons.(3) Process the information under the immediate supervision and control of authorized personnel, in a manner which will protect the confidentiality of the information, and in such a way that unauthorized persons cannot retrieve the information by computer, remote terminal, or other means.(4) Brief all employees who will have access to the data on security procedures and instructions.(5) Send the information directly to the requestor and make no other use of the information.(6) Destroy any confidential records and information related to the request, after the information is sent to the requestor. Such destruction shall be in accordance with Subchapter 1, Article 5, Section 111460.Cal. Code Regs. Tit. 22, § 113300
1. New section filed 9-4-2001 as an emergency pursuant to Family Code section 17306; operative 9-4-2001 (Register 2001, No. 36). A Certificate of Compliance must be transmitted to OAL by 3-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-11-2002 as an emergency pursuant to Family Code section 17306; operative 3-6-2002 (Register 2002, No. 7). A Certificate of Compliance must be transmitted to OAL by 9-3-2002 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of HISTORY 2 (Register 2002, No. 27).
4. Certificate of Compliance as to 2-11-2002 order, including amendment of section and NOTE, transmitted to OAL 9-3-2002 and filed 9-30-2002 (Register 2002, No. 40). Note: Authority cited: Sections 17306, 17310 and 17312, Family Code. Reference: Sections 17212, 17506, 17508 and 17514 Family Code; Section 11478.1, Welfare and Institutions Code; 42 U.S.C., Section 663; and 45 Code of Federal Regulations, Sections 302.35, 303.3, 303.15, 303.69 and 303.70.
1. New section filed 9-4-2001 as an emergency pursuant to Family Code section 17306; operative 9-4-2001 (Register 2001, No. 36). A Certificate of Compliance must be transmitted to OAL by 3-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-11-2002 as an emergency pursuant to Family Code section 17306; operative 3-6-2002 (Register 2002, No. 7). A Certificate of Compliance must be transmitted to OAL by 9-3-2002 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of History 2 (Register 2002, No. 27).
4. Certificate of Compliance as to 2-11-2002 order, including amendment of section and Note, transmitted to OAL 9-3-2002 and filed 9-30-2002 (Register 2002, No. 40).