WAC 388-428-0010   Request for address disclosure by a parent when a child is living with a nonparental caretaker.  (1) When TANF or SFA has been approved for a child who is living with a nonparental caretaker, the address and location of the child may be released to the child's parent when:

     (a) The parent has legal custody of the child or is allowed visitation rights or residential time with the child under a court order; and

     (b) No court order restricts or limits the parent's right to contact or visit the child or the child's caretaker by imposing conditions to protect the child or the caretaker from harm;

     (c) The department has not found that the caretaker has good cause for refusing to cooperate in child support enforcement activities related to the parent's support obligation; and

     (d) There is no substantiated claim or pending investigation involving abuse or neglect of any child by the parent;

     (e) There are no pending proceedings as listed in subsections (1)(b) through (d).

     (2) A parent may request the child's address and location:

     (a) In person, with satisfactory evidence of identity, at the community services office where the child's record is being maintained;

     (b) Through an attorney; or

     (c) If residing outside the state of Washington, by submitting a notarized request.

     (3) If the request for the child's address and location is based on a court order granting the parent legal custody, visitation rights or residential time, the parent must also submit:

     (a) A copy of the court order; and

     (b) A sworn statement that the order has not been modified.

     (4) Prior to release of the child's address and location, the child's caretaker will be notified that:

     (a) The child's parent has requested the information; and

     (b) The information will be released within thirty days from the date of the notice unless the caretaker:

     (i) Provides proof of a current investigation or pending court case involving the abuse or neglect of any child by the parent;

     (ii) Provides a copy of a court order which prevents disclosure of the address or restricts the parent's right to contact or visit the caretaker or the child by imposing conditions to protect the caretaker or child from harm;

     (iii) Requests a fair hearing which results in a decision that disclosure must be denied because of the existence of one or more of the conditions in subsection (1) of this section.

     (5) A parent's request for disclosure of a child's address and location will be responded to within thirty-five days. The response will notify the parent:

     (a) Of the child's address and location if the information may be disclosed;

     (b) The reasons for denying the request if the information may not be disclosed; or

     (c) That a decision has not been made because the child's caretaker:

     (i) Has requested a hearing and a final hearing decision has not been entered; or

     (ii) Is claiming good cause for refusing to cooperate in child support enforcement activities related to the parent's support obligation and a final decision has not been made on the caretaker's claim.

     (d) When the decision has not been made because of a pending fair hearing decision or good cause claim determination, the parent will be notified of the decision within ten days of the hearing decision or good cause determination.



[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-428-0010, filed 7/31/98, effective 9/1/98.]