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S.B. 24
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RELEASE OF CUSTODIAL OR
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NONCUSTODIAL PARENT'S ADDRESS
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2002 GENERAL SESSION
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STATE OF UTAH
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Sponsor: D. Edgar Allen
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This act modifies the requirements under which the Office of Recovery Services may release
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information on custodial or noncustodial parents.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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62A-11-304.4, as enacted by Chapter 232, Laws of Utah 1997
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
62A-11-304.4
is amended to read:
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62A-11-304.4. Filing of location information -- Service of process.
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(1) (a) Upon the entry of an order in a proceeding to establish paternity or to establish,
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modify, or enforce a support order, each party shall file identifying information and shall update
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that information as changes occur:
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(i) with the court or administrative agency that conducted the proceeding; and
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(ii) after October 1, 1998, with the state case registry.
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(b) The identifying information required under Subsection (1)(a) shall include the person's
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social security number, driver's license number, residential and mailing addresses, telephone
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numbers, the name, address, and telephone number of employers, and any other data required by
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the United States Secretary of Health and Human Services.
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(c) In any subsequent child support action involving the office or between the parties, state
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due process requirements for notice and service of process shall be satisfied as to a party upon:
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(i) a sufficient showing that diligent effort has been made to ascertain the location of the
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party; and
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(ii) delivery of notice to the most recent residential or employer address filed with the
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court, administrative agency, or state case registry under Subsection (1)(a).
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(2) (a) The office shall provide individuals who are applying for or receiving services
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under this chapter or who are parties to cases in which services are being provided under this
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chapter:
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(i) with notice of all proceedings in which support obligations might be established or
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modified; and
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(ii) with a copy of any order establishing or modifying a child support obligation, or in the
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case of a petition for modification, a notice of determination that there should be no change in the
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amount of the child support award, within 14 days after issuance of such order or determination.
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(b) Notwithstanding Subsection (2)(a)(ii), notice in the case of an interstate order shall be
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provided in accordance with Section
78-45f-614
.
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(3) Service of all notices and orders under this part shall be made in accordance with Title
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63, Chapter 46b, Administrative Procedures Act, the Utah Rules of Civil Procedure, or this section.
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(4) Consistent with Title 63, Chapter 2, Government Records Access and Management
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Act, the office shall adopt procedures to classify records to prohibit[: (a)] the unauthorized use or
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disclosure of information relating to a proceeding to:
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[(i)] (a) establish paternity; or
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[(ii)] (b) establish or enforce support[;].
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[(b) the release of information on the whereabouts of one party to another party if such a
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release is prohibited by a protective order; and]
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[(c) the release of information on the whereabouts of one party to another party if the office
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has reason to believe that the release may result in physical or emotional harm to a party.]
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(5) (a) The office shall, upon written request, provide location information available in its
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files on a custodial or noncustodial parent to the other party or the other party's legal counsel
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provided that:
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(i) the party seeking the information produces a copy of the parent-time order signed by
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the court;
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(ii) the information has not been safeguarded in accordance with Section 454 of the Social
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Security Act;
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(iii) the party whose location is being sought has not provided the office with a copy of a
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protective order or current court order prohibiting disclosure; and
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(iv) there is no other state or federal law that would prohibit disclosure.
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(b) "Location information" shall consist of the current residential address of the custodial
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or noncustodial parent and, if different and known to the office, the current residence of any
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children who are the subject of the parent-time order. If there is no current residential address
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available, the person's place of employment may be disclosed.
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(c) For the purposes of this section, "reason to believe" under Section 454 of the Social
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Security Act means that the person seeking to safeguard information has provided to the office a
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copy of a protective order or nondisclosure order signed by a court of competent jurisdiction.
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(d) The office and its employees shall not be liable for any information released in
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accordance with this section.
Legislative Review Note
as of 11-15-01 1:21 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Committee Note
The Judiciary Interim Committee recommended this bill.
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