H.B. 229 Enrolled

PROVIDING LOCATION INFORMATION TO
NONCUSTODIAL PARENTS WITH
VISITATION RIGHTS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Mike Thompson
This act modifies the Human Services Code. This act permits custodial or noncustodial
parents or their legal representatives to serve the Office of Recovery Services to obtain
certain information.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
62A-11-304.4, as last amended by Chapter 59, Laws of Utah 2002
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 62A-11-304.4 is amended to read:
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
update that 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 the
person'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 data
required 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 party
upon:
(i) a sufficient showing that diligent effort has been made to ascertain the location of
the party; and

(ii) delivery of notice to the most recent residential or employer address filed with the
court, administrative agency, or state case registry under Subsection (1)(a).
(2) (a) The office shall provide individuals who are applying for or receiving services
under this chapter or who are parties to cases in which services are being provided under this
chapter:
(i) with notice of all proceedings in which support obligations might be established or
modified; and
(ii) with a copy of any order establishing or modifying a child support obligation, or in
the case of a petition for modification, a notice of determination that there should be no change in
the amount of the child support award, within 14 days after issuance of such order or
determination.
(b) Notwithstanding Subsection (2)(a)(ii), notice in the case of an interstate order shall be
provided in accordance with Section 78-45f-614 .
(3) Service of all notices and orders under this part shall be made in accordance with
Title 63, Chapter 46b, Administrative Procedures Act, the Utah Rules of Civil Procedure, or this
section.
(4) Consistent with Title 63, Chapter 2, Government Records Access and Management
Act, the office shall adopt procedures to classify records to prohibit the unauthorized use or
disclosure 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 in
its files on a custodial or noncustodial parent to the other party or the other party's legal counsel
provided that:
(i) the party seeking the information produces a copy of the parent-time order signed by
the court;
(ii) the information has not been safeguarded in accordance with Section 454 of the
Social Security Act;

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(iii) the party whose location is being sought has been afforded notice in accordance with
Section 62A-11-304.4 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 a
protective order, a current court order prohibiting disclosure, a current court order limiting or
prohibiting the requesting person's contact with the party whose location is being sought, a
criminal order, or documentation of a pending 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 custodial
or noncustodial parent and, if different and known to the office, the current residence of any
children who are the subject of the parent-time order. If there is no current residential address
available, the person's place of employment and any other location information shall be
disclosed.
(c) For the purposes of this section, "reason to believe" under Section 454 of the Social
Security Act means that the person seeking to safeguard information has provided to the office a
copy of a protective order, current court order prohibiting disclosure, current court order
prohibiting or limiting the requesting person's contact with the party whose location is being
sought, or criminal order signed by a court of competent jurisdiction, or documentation of a
pending proceeding for any of the above.
(d) Neither the state, the department, the office nor its employees shall be liable for any
information released in accordance with this section.
(6) Custodial or noncustodial parents or their legal representatives who are denied
location information in accordance with Subsection (5) may serve the Office of Recovery
Services to initiate an action to obtain the information.

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