Utah Code 26B-9-207. Filing of location information — Service of process

26B-9-207. Filing of location information — Service of process.

(1)

Terms Used In Utah Code 26B-9-207

Administrative order: means an order that has been issued by the office, the department, or an administrative agency of another state or other comparable jurisdiction with similar authority to that of the office. See Utah Code 26B-9-201
Child: means :

(a)	a son or daughter under the age of 18 years who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;

(b)	a son or daughter over the age of 18 years, while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or

(c)

a son or daughter of any age who is incapacitated from earning a living and is without sufficient means. See Utah Code 26B-9-201

Child support: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-201

Court order: means a judgment or order of a tribunal of appropriate jurisdiction of this state, another state, Native American tribe, the federal government, or any other comparable jurisdiction. See Utah Code 26B-9-201

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

Office: means the Office of Recovery Services. See Utah Code 26B-9-201

Parent: means a natural parent or an adoptive parent of a dependent child. See Utah Code 26B-9-201

Person: includes an individual, firm, corporation, association, political subdivision, department, or office. See Utah Code 26B-9-201

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Service of process: The service of writs or summonses to the appropriate party.

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

Support: includes past-due, present, and future obligations established by:

(a)	a tribunal or imposed by law for the financial support, maintenance, medical, or dental care of a dependent child; and

(b)

a tribunal for the financial support of a spouse or former spouse with whom the obligor's dependent child resides if the obligor also owes a child support obligation that is being enforced by the state. See Utah Code 26B-9-201

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

(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 Secretary of the United States Department 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 78B-14-614.

(3)	Service of all notices and orders under this part shall be made in accordance with Title 63G, Chapter 4, Administrative Procedures Act, the Utah Rules of Civil Procedure, or this section.

(4)

Consistent with Title 63G, 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;

(iii)

the party whose location is being sought has been afforded notice in accordance with this 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 a protective order, a current court order prohibiting disclosure, a current court order limiting or prohibiting the requesting person’s contact with the party or child whose location is being sought, a criminal order, an administrative order pursuant to Section 80-2-707, 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 or child whose location is being sought, criminal order signed by a court of competent jurisdiction, an administrative order pursuant to Section 80-2-707, 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.

Renumbered and Amended by Chapter 305, 2023 General Session

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