62A-11-304.4 - Filing of location information -- Service of process.
62A-11-304.4. Filing of location information -- Service of process.
(1) (a) Upon the entry of an order in a proceeding to establish paternity or to establish,modify, or enforce a support order, each party shall file identifying information and shall updatethat information as changes occur:
(i) with the court or administrative agency that conducted the proceeding; and
(ii) after October 1, 1998, with the state case registry.
(b) The identifying information required under Subsection (1)(a) shall include theperson's Social Security number, driver's license number, residential and mailing addresses,telephone numbers, the name, address, and telephone number of employers, and any other datarequired by the United States Secretary of Health and Human Services.
(c) In any subsequent child support action involving the office or between the parties,state due process requirements for notice and service of process shall be satisfied as to a partyupon:
(i) a sufficient showing that diligent effort has been made to ascertain the location of theparty; and
(ii) delivery of notice to the most recent residential or employer address filed with thecourt, administrative agency, or state case registry under Subsection (1)(a).
(2) (a) The office shall provide individuals who are applying for or receiving servicesunder this chapter or who are parties to cases in which services are being provided under thischapter:
(i) with notice of all proceedings in which support obligations might be established ormodified; and
(ii) with a copy of any order establishing or modifying a child support obligation, or inthe case of a petition for modification, a notice of determination that there should be no change inthe amount of the child support award, within 14 days after issuance of such order ordetermination.
(b) Notwithstanding Subsection (2)(a)(ii), notice in the case of an interstate order shall beprovided in accordance with Section 78B-14-614.
(3) Service of all notices and orders under this part shall be made in accordance withTitle 63G, Chapter 4, Administrative Procedures Act, the Utah Rules of Civil Procedure, or thissection.
(4) Consistent with Title 63G, Chapter 2, Government Records Access and ManagementAct, the office shall adopt procedures to classify records to prohibit the unauthorized use ordisclosure of information relating to a proceeding to:
(a) establish paternity; or
(b) establish or enforce support.
(5) (a) The office shall, upon written request, provide location information available inits files on a custodial or noncustodial parent to the other party or the other party's legal counselprovided that:
(i) the party seeking the information produces a copy of the parent-time order signed bythe court;
(ii) the information has not been safeguarded in accordance with Section 454 of theSocial Security Act;
(iii) the party whose location is being sought has been afforded notice in accordance withthis section of the opportunity to contest release of the information;
(iv) the party whose location is being sought has not provided the office with a copy of aprotective order, a current court order prohibiting disclosure, a current court order limiting orprohibiting the requesting person's contact with the party or child whose location is being sought,a criminal order, an administrative order pursuant to Section 62A-4a-1009, or documentation of apending proceeding for any of the above; and
(v) there is no other state or federal law that would prohibit disclosure.
(b) "Location information" shall consist of the current residential address of the custodialor noncustodial parent and, if different and known to the office, the current residence of anychildren who are the subject of the parent-time order. If there is no current residential addressavailable, the person's place of employment and any other location information shall bedisclosed.
(c) For the purposes of this section, "reason to believe" under Section 454 of the SocialSecurity Act means that the person seeking to safeguard information has provided to the office acopy of a protective order, current court order prohibiting disclosure, current court orderprohibiting or limiting the requesting person's contact with the party or child whose location isbeing sought, criminal order signed by a court of competent jurisdiction, an administrative orderpursuant to Section 62A-4a-1009, or documentation of a pending proceeding for any of theabove.
(d) Neither the state, the department, the office nor its employees shall be liable for anyinformation released in accordance with this section.
(6) Custodial or noncustodial parents or their legal representatives who are deniedlocation information in accordance with Subsection (5) may serve the Office of RecoveryServices to initiate an action to obtain the information.
Amended by Chapter 3, 2008 General Session
Amended by Chapter 382, 2008 General Session