7.5Confidentiality of Information Required Under Federal Parent Locator Service (FPLS)

The Federal Parent Locator Service (FPLS), 42 USC 653, is a national computer matching system operated by the Federal Office of Child Support Enforcement. See generally 42 USC 652(a); 42 USC 653(a)(1). The FPLS contains two databases:

•The Federal Case Registry (FCR) of Child Support Orders, which is a national database that contains “abstracts of support orders and other information” such as “names, social security numbers or other uniform identification numbers, and State case identification numbers[.]” 42 USC 653(h).

•The National Directory of New Hires (NDNH), which is a national database that contains “information concerning the wages and unemployment compensation paid to individuals[.]” 42 USC 653(i); 42 USC 653a(g)(2).

42 USC 653(a)(2)-(3) authorizes the use of information contained in the FPLS for the following reasons:

•establishing parentage.

•establishing, setting the amount of, modifying, or enforcing child support obligations.

•enforcing any federal or state law regarding the unlawful taking or restraint of a child.

•making or enforcing a child custody or visitation determination.

The information in the FPLS is accessible to authorized persons who are defined separately in the federal statutes for purposes of custody and support matters. See 42 USC 653(a)(2)-(3); 42 USC 653(b).¹ However, a state’s plan for child and spousal support must apply the following privacy safeguards to all confidential information handled by the state agency:

•provide “safeguards against unauthorized use or disclosure of information relating to proceedings or actions to establish paternity, or to establish, modify, or enforce support, or to make or enforce a child custody determination[,]” 42 USC 654(26)(A);

•prohibit “the release of information on the whereabouts of [a] party or the child to another party against whom a protective order with respect to the former party or the child has been entered[,]” 42 USC 654(26)(B);

•prohibit “the release of information on the whereabouts of [a] party or the child to another person if the State has reason to believe that the release of the information to that person may result in physical or emotional harm to the party or the child[,]” 42 USC 654(26)(C);

•“in cases in which the prohibitions under [42 USC 654(B)-(C)] apply, [provide notice to] the Secretary [of the Health and Human Services], for purposes of [42 USC 653(b)(2)], that the State has reasonable evidence of domestic violence or child abuse against a party or the child and that the disclosure of such information could be harmful to the party or the child[.]” 42 USC 654(26)(D). This notification is known as the Family Violence Indicator.

Note: 42 USC 653(b)(2) prohibits the Federal Office of Child Support Enforcement from disclosing FPLS information to any person “if the State has notified the Secretary [of Health and Human Services] that the State has reasonable evidence of domestic violence or child abuse and the disclosure of such information could be harmful to the custodial parent or the child of such parent[.]”

•for cases flagged with the Family Violence Indicator, require judicial review of requests for disclosure before information the Secretary of the Health and Human Services shared with the court is disclosed to any authorized person. 42 USC 654(26)(E).

A.Family Violence Indicator

A brief discussion on the Family Violence Indicator is contained in this subsection. For a detailed discussion, see the DHS’s Combined IV-D Policy Manual (4DM), Family Violence Indicator 4DM 135, available at http://www.mfia.state.mi.us/olmweb/ex/4dm/135.pdf.

The Family Violence Indicator notification should be sent to the Federal Office of Child Support Enforcement if any of the following exists:

•a PPO or foreign PPO has been entered protecting that individual,

•there is a court order that provides for confidentiality of the individual’s address, or denies access to the individual’s address,

•the FPLS data indicates that an address is confidential,

•an individual files a sworn statement with the friend of the court setting forth specific incidents or threats of domestic violence or child abuse,

•the friend of the court becomes aware that a determination has been made in another state that a disclosure risk comparable to any of the above risk indicators exists for the individual, or

•there is “reasonable evidence of domestic violence or child abuse, and the disclosure of such information (i.e. location information) could be harmful to the parent or the child of such parent[.]” Administrative Order 2002-03;² Family Violence Indicator 4DM 135, supra at p 1.

After receiving the Family Violence Indicator from the state, the Federal Office of Child Support Enforcement is prohibited from disclosing FPLS data to anyone, including an authorized person. 42 USC 653(b)(2). Instead, upon request by an authorized person, the FPLS must notify the person that: (1) the state has given notice of reasonable evidence of domestic violence or child abuse; and (2) information can only be disclosed to a court or an agent of a court “having jurisdiction to make or enforce [] a child custody or visitation determination[.]” 42 USC 653(b)(2); 42 USC 653(c)(2); 42 USC 663(d)(2)(B).

If a case is flagged with a Family Violence Indicator, 42 USC 653(b)(2)(A)-(B) requires judicial review of requests for disclosure. See also 42 USC 654(26)(E). If the court determines that disclosure could be harmful to the parent or child, it must not disclose the information. 42 USC 653(b)(2)(B)(ii); 42 USC 654(26)(E).

If a Family Violence Indicator is set for an individual, the Family Violence Indicator notification applies to all actions “within the statewide automated child support enforcement system concerning that same individual.” AO 2002-03. In addition, “that individual’s address shall be considered confidential under MCR 3.218(A)(3)(f).”³ AO 2002-03.

When a Family Violence Indicator is set:

•“for a custodial parent in any action, the Family Violence Indicator shall also be set for all minors for which the individual is a custodial parent.” AO 2002-03.

•“for any minor in any action, the Family Violence Indicator shall also be set for the minor’s custodian.” AO 2002-03.

The friend of the court office must cause a Family Violence Indicator to be removed in the following circumstances:

“(a) by order of the circuit court,

(b) at the request of the protected party, when the protected party files a sworn statement with the office that the threats of violence or child abuse no longer exist, unless a protective order or other order of any Michigan court is in effect providing for confidentiality of an individual’s address, or

(c) at the request of a state that had previously determined that a disclosure risk comparable to the risks in paragraph two existed for the individual.” AO 2002-03.

If the Family Violence Indicator is removed against an individual in any action, “the Family Violence Indicator that was set automatically for other persons and cases associated with that individual shall also be removed.” AO 2002-03.

B.Authorized Person

For purposes of “establishing parentage or establishing, setting the amount of, modifying, or enforcing child support obligations,” the information in the FPLS is accessible to authorized persons defined under 42 USC 653(c). 42 USC 653(a)(2). 42 USC 653(c) defines an authorized person as:

“(1) any agent or attorney of any State having in effect a plan approved under this part, who has the duty or authority under such plans to seek to recover any amounts owed as child and spousal support (including, when authorized under the State plan, any official of a political subdivision);

(2) the court which has authority to issue an order or to serve as the initiating court in an action to seek an order against a noncustodial parent for the support and maintenance of a child, or any agent of such court;

(3) the resident parent, legal guardian, attorney, or agent of a child (other than a child receiving [public assistance]) . . . without regard to the existence of a court order against a noncustodial parent who has a duty to support and maintain any such child; and

(4) a State agency that is administering a program operated under [certain] State plan[s.]”

For purposes of “enforcing any Federal or State law with respect to the unlawful taking or restraint of a child, or making or enforcing a child custody or visitation determination,” the information in the FPLS is accessible to authorized persons as defined in 42 USC 663(d)(2). 42 USC 653(a)(3). 42 USC 663(d)(2) defines an authorized person as:

“(A) any agent or attorney of any State having an agreement under this section, who has the duty or authority under the law of such State to enforce a child custody or visitation determination;

(B) any court having jurisdiction to make or enforce such a child custody or visitation determination, or any agent of such court; and

(C) any agent or attorney of the United States, or of a State having an agreement under this section, who has the duty or authority to investigate, enforce, or bring a prosecution with respect to the unlawful taking or restraint of a child.”