Family and Domestic Violence/Non-Disclosure Indicator (NDI)

Procedure 000 v.2

 

  1. NDI Field is set on ATLAS
  1. NDI Field is Removed from ATLAS
  1. NDI Override for Release of Information

 

  1. NDI Field is set on ATLAS
  1. Standards
  1. An open title IV-D case exists on ATLAS.
  2. The case meets the criteria to add the NDI.
  3. The Division of Child Support Services (DCSS) becomes aware of the family or domestic violence issue by receiving the completed Child Support Non-Disclosure Questionnaire indicating family or domestic violence is possible in this case.
  1. Procedures
  1. Upon becoming aware that the health, safety, or liberty of a party, or child would be at risk by the disclosure of identifying information, take immediate steps to prevent the address and other identifying information from being disclosed in pleadings or other documents filed in any proceedings.
  1. Review and process the Child Support Non-Disclosure Questionnaire.
  1. Update all NDI fields on ATLAS with a reason code flag to prevent the individual’s address and identifying information from being disclosed on any pleadings or documents.

Note: The NDI field is person based and once the field is updated on one case, ATLAS automatically updates all of the individual’s cases.

  1. Reason Codes:
  1. OOP – Order of Protection
  2. OOR – Order of Restraint
  3. GCE – Good Cause Established (OSI)
  4. ORD -  Clerk of the Court provides an order
  5. CSE – Child Support Services
  1. When the CPDE (Custodial Parent’sDemographic) screen NDI field updates with a reason code, the CHDE (Child’sDemographic) screen NDI field automatically populates with the same reason code.
  1. When a child is the only individual on a foster care or caretaker case that is the subject of family or domestic violence, manually update the CHDE with a reason code on the NDI field.

Return to beginning of Family and Domestic Violence/Non-Disclosure Indicator (NDI)

 

  1. NDI Field is Removed from ATLAS
  1. Standards
  1. When Family or domestic violence is no longer an issue for the individual or child(ren) on a case.
  1. The custodial parent (CP) notifies the DCSS that domestic violence is no longer an issue in the case.
  1. An individual that was flagged with an NDI as a child now has an open child support case as an adult on ATLAS and family or domestic violence is not an issue on that case.
  1. Procedures
  1. Once the NDI flag is set on an individual on ATLAS, the flag can only be removed or modified by a supervisor.

Return to beginning of Family and Domestic Violence/Non-Disclosure Indicator (NDI)

 

  1. NDI Override for Release of Information
  1. Standards
  1. The Arizona Parent Locator Service (APLS) submits locate requests from an authorized person to the Federal Parent Locator Service (FPLS).
  2. APLS conducts an analysis to determine whether the entity making the request for information is an authorized person.
  1. An authorized person is defined as:
  1. Locate Only/Parental Kidnapping and Child Custody/Parental Rights
  1. Arizona Superior Court
  2. Arizona County Attorneys
  3. Arizona County Sheriffs
  4. Arizona Municipal Police Departments
  5. United States Attorney
  6. Federal Bureau of Investigation
  7. Attorney General’s Office
  8. Administration of Children Youth and Families.
  1. Locate Only information in Never Assistance child support cases for inquiry only through FPLS
  1. Custodial Parent
  2. Attorney representing the custodial parent
  3. Legal guardian of the child
  4. Attorney or Agency representing the child.
  1. The APLS determines that the release of the FPLS information is for authorized purposes.
  1. Authorized purposes are:
  1. Establishing paternity
  2. Establishing a support order
  3. Enforcing a support order
  4. Modifying a support order
  5. Enforcing any state and federal law with respect to Locate Only/Parental Kidnapping and child Custody
  6. Establishing parental rights.
  1. Procedures
  1. Initiate the Override Process
  1. Initiate a locate request on an individual flagged with an NDI through the APLS to the FPLS following federal guidelines.
  2. The DCSS receives a Disclosure Prohibited Code (DP) from the FPLS that indicates the FPLS is not permitted to comply because of the NDI flag.
  3. Upon notification of the DP code, an authorized person petitions the court to begin the override process.
  1. Continue the Override Process
  1. The Attorney General’s office (AGO) petitions the court to order or request the APLS to obtain a one-time override of the NDI flag so that the information can be obtained from FPLS.
  2. The court decides whether to grant the AGs petition
  1. If the court denies the request the process ends.
  2. If the request is granted, the court prepares an order or request as specified by state statute or procedure and provides the Family Violence (FV) Override request to APLS.
  1. APLS initiates the Override Request Process to the Office of Child Support Services (OCSS)
  1. The APLS conducts an analysis to determine whether the entity making the request is an authorized person.
  2. Upon determining the requestor is an authorized person, the APLS confirms the information being sought is for an authorized purpose. The State IV-D Director must attest to their review of the facts and the information is being requested for an appropriate purpose.
  1. The APLS forwards the FV Override requests to the FPLS
  1. The APLS sends the following to the OCSS:
  1. The court’s request for locate information,
  2. A cover letter on agency letterhead
  1. The APLS sends the request for an FV indicator by one of the following:
  1. Fax to 202- 487-0051
  2. A secure message on the Communication Center application on the OCSS's Child Support Portal.
  3. Special delivery (e.g., Federal Express) to the following address:
  1. Office of Child Support Services
  2. Attn: Manager, NDNH Team
  3. Federal Parent Locator Service
  4. 330 C Street, SW 5th Floor
  5. Washington, D.C. 20201

Note: Questions or concerns about actual override requests should be directed to: [email protected]

  1. The OCSS Processes the Override Request
  1. The OCSS confirms the following:
  1. An authorized person is making the request
  2. The request is for an authorized purpose
  3. The APLS cover letter contains the required information.
  1. The OCSS makes one of the following determinations:
  1. Incomplete: If the request is incomplete, the OCSS calls the APLS to obtain the required information.
  2. Approved: The OSCE communicates the approved request to the APLS by telephone or secure email and proceeds with the override.
  3. Disapproved: A request that fails to meet the statutory requirements for the FPLS information release is disapproved. The OCSS returns the original request package and a disapproval letter to the APLS by fax or a secure message on the Communication Center Portal application.

Note: If the request is disapproved, the OCSS takes no further action, unless the APLS submits a new request.

  1. The OCSS performs the override and forwards the information to the APLS
  1. Once the OCSS approves an override request, the OCSS performs a one-time override of the FV indicator, using the requested locate sources. The OCSS performs only one override per request.
  2. The OCSS returns the locate information with a cover letter.  The OCSS also includes the identity of the state that imposed the FV indicator for the individual.
  3. The OCSS forwards the letter to the APLS via fax, secure email, or by sending a secure message on the Communication Center Portal application. The information is addressed to a specific representative at the APLS.
  4. The OCSS will notify the state that originally placed the FV of the state making the override request.
  1. The APLS notifies the court and proceeds according to the disclosure process
  1. Upon receipt of a letter from the OSCE, the APLS discloses the information to the court that ordered the FV indicator override.
  2. If the court decides that releasing the information could be harmful to the parent or child, the court shall deny and not release the information. The court and/or the IV-D agency shred the information retrieved from the FPLS.
  3. If the state court decides that the release of the FPLS information is unlikely to cause the parent or child harm, it may release the information to the authorized person who requested the information.

Return to beginning of Family and Domestic Violence/Non-Disclosure Indicator (NDI)

Procedure Revision Date: 2/14/2023
Procedure Review Date: 1/1/2023

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