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42 U.S.C. § 663 — Use of Federal Parent Locator Service in connection with enforcement or determination of child custody in cases of parental kidnaping of child

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 663 — Use of Federal Parent Locator Service in connection with enforcement or determination of child custody in cases of parental kidnaping of child

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Stable record: federal_law:legal_authorities:record_usc_8dd6f081e887eb7fb356e07b
Source file: Laws/federal/codes/united-states-code/title-42/section-663-use-of-federal-parent-locator-service-in-connection-with-enforcement-or--40cb19e86a.md
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Source location: Title 42, Chapter 7, § 663; chapter-007-social-security.md

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**(a) Agreements with States for use of Federal Parent Locator Service** The Secretary shall enter into an agreement with every State under which the services of the Federal Parent Locator Service established under [section 653 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section653&num=0&edition=prelim) shall be made available to each State for the purpose of determining the whereabouts of any parent or child when such information is to be used to locate such parent or child for the purpose of— (1) enforcing any State or Federal law with respect to the unlawful taking or restraint of a child; or (2) making or enforcing a child custody or visitation determination. **(b) Requests from authorized persons for information** An agreement entered into under subsection (a) shall provide that the State agency described in [section 654 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654&num=0&edition=prelim) will, under procedures prescribed by the Secretary in regulations, receive and transmit to the Secretary requests from authorized persons for information as to (or useful in determining) the whereabouts of any parent or child when such information is to be used to locate such parent or child for the purpose of— (1) enforcing any State or Federal law with respect to the unlawful taking or restraint of a child; or (2) making or enforcing a child custody or visitation determination. **(c) Information which may be disclosed** Information authorized to be provided by the Secretary under subsection (a), (b), (e), or (f) shall be subject to the same conditions with respect to disclosure as information authorized to be provided under [section 653 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section653&num=0&edition=prelim), and a request for information by the Secretary under this section shall be considered to be a request for information under [section 653 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section653&num=0&edition=prelim) which is authorized to be provided under such section. Only information as to the most recent address and place of employment of any parent or child shall be provided under this section. **(d) “Custody or visitation determination” and “authorized person” defined** For purposes of this section— (1) the term “custody or visitation determination” means a judgment, decree, or other order of a court providing for the custody or visitation of a child, and includes permanent and temporary orders, and initial orders and modification; (2) the term “authorized person” means— (A) any agent or attorney of any State having an agreement under this section, who has the duty or authority under the law of such State to enforce a child custody or visitation determination; (B) any court having jurisdiction to make or enforce such a child custody or visitation determination, or any agent of such court; and (C) any agent or attorney of the United States, or of a State having an agreement under this section, who has the duty or authority to investigate, enforce, or bring a prosecution with respect to the unlawful taking or restraint of a child. **(e) Agreement on use of Federal Parent Locator Service with United States Central Authority under Convention on the Civil Aspects of International Child Abduction** The Secretary shall enter into an agreement with the Central Authority designated by the President in accordance with [section 9006 of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9006&num=0&edition=prelim), under which the services of the Federal Parent Locator Service established under [section 653 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section653&num=0&edition=prelim) shall be made available to such Central Authority upon its request for the purpose of locating any parent or child on behalf of an applicant to such Central Authority within the meaning of [section 9002(1) of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9002/1&num=0&edition=prelim). The Federal Parent Locator Service shall charge no fees for services requested pursuant to this subsection. **(f) Agreement to assist in locating missing children under Federal Parent Locator Service** The Secretary shall enter into an agreement with the Attorney General of the United States, under which the services of the Federal Parent Locator Service established under [section 653 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section653&num=0&edition=prelim) shall be made available to the Office of Juvenile Justice and Delinquency Prevention upon its request to locate any parent or child on behalf of such Office for the purpose of— (1) enforcing any State or Federal law with respect to the unlawful taking or restraint of a child, or (2) making or enforcing a child custody or visitation determination. The Federal Parent Locator Service shall charge no fees for services requested pursuant to this subsection.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9006 — United States Central Authority

**(a) Designation** The President shall designate a Federal agency to serve as the Central Authority for the United States under the Convention. **(b) Functions** The functions of the United States Central Authority are those ascribed to the Central Authority by the Convention and this chapter. **(c) Regulatory authority** The United States Central Authority is authorized to issue such regulations as may be necessary to carry out its functions under the Convention and this chapter. **(d) Obtaining information from Parent Locator Service** The United States Central Authority may, to the extent authorized by the Social Security Act [[42 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section301&num=0&edition=prelim) et seq.], obtain information from the Parent Locator Service. **(e) Grant authority** The United States Central Authority is authorized to make grants to, or enter into contracts or agreements with, any individual, corporation, other Federal, State, or local agency, or private entity or organization in the United States for purposes of accomplishing its responsibilities under the Convention and this chapter. **(f) Limited liability of private entities acting under the direction of the United States Central Authority** (1) **Limitation on liability** — Except as provided in paragraphs (2) and (3), a private entity or organization that receives a grant from or enters into a contract or agreement with the United States Central Authority under subsection (e) of this section for purposes of assisting the United States Central Authority in carrying out its responsibilities and functions under the Convention and this chapter, including any director, officer, employee, or agent of such entity or organization, shall not be liable

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1738A — Full faith and credit given to child custody determinations

**(a)** The appropriate authorities of every State shall enforce according to its terms, and shall not modify except as provided in subsections (f), (g), and (h) of this section, any custody determination or visitation determination made consistently with the provisions of this section by a court of another State. **(b)** As used in this section, the term— (1) “child” means a person under the age of eighteen; (2) “contestant” means a person, including a parent or grandparent, who claims a right to custody or visitation of a child; (3) “custody determination” means a judgment, decree, or other order of a court providing for the custody of a child, and includes permanent and temporary orders, and initial orders and modifications; (4) “home State” means the State in which, immediately preceding the time involved, the child lived with his parents, a parent, or a person acting as parent, for at least six consecutive months, and in the case of a child less than six months old, the State in which the child lived from birth with any of such persons. Periods of temporary absence of any of such persons are counted as part of the six-month or other period; (5) “modification” and “modify” refer to a custody or visitation determination which modifies, replaces, supersedes, or otherwise is made subsequent to, a prior custody or visitation determination concerning the same child, whether made by the same court or not; (6) “person acting as a parent” means a person, other than a parent, who has physical custody of a child and who has either been awarded custody by a court or claims a right to custody; (7) “physical custody” means actual possession and control of a child; (8) “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico,

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 654 — State plan for child and spousal support

A State plan for child and spousal support must— (1) provide that it shall be in effect in all political subdivisions of the State; (2) provide for financial participation by the State; (3) provide for the establishment or designation of a single and separate organizational unit, which meets such staffing and organizational requirements as the Secretary may by regulation prescribe, within the State to administer the plan; (4) provide that the State will— (A) provide services relating to the establishment of paternity or the establishment, modification, or enforcement of child support obligations, as appropriate, under the plan with respect to— (i) each child for whom (I) assistance is provided under the State program funded under part A of this subchapter, (II) benefits or services for foster care maintenance are provided under the State program funded under part E of this subchapter, (III) medical assistance is provided under the State plan approved under subchapter XIX, or (IV) cooperation is required pursuant to section 2015(l)(1) of title 7, unless, in accordance with paragraph (29), good cause or other exceptions exist; (ii) any other child, if an individual applies for such services with respect to the child (except that, if the individual applying for the services resides in a foreign reciprocating country or foreign treaty country, the State may opt to require the individual to request the services through the Central Authority for child support enforcement in the foreign reciprocating country or the foreign treaty country, and if the individual resides in a foreign country that is not a foreign reciprocating country or a foreign treaty country, a State may accept or reject the application); and (B) enforce any support obligation established

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 608 — Prohibitions; requirements

**(a) In general** (1) **No assistance for families without a minor child** — A State to which a grant is made under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) shall not use any part of the grant to provide assistance to a family, unless the family includes a minor child who resides with the family (consistent with paragraph (10)) or a pregnant individual. (2) **Reduction or elimination of assistance for noncooperation in establishing paternity or obtaining child support** — If the agency responsible for administering the State plan approved under part D determines that an individual is not cooperating with the State in establishing paternity or in establishing, modifying, or enforcing a support order with respect to a child of the individual, and the individual does not qualify for any good cause or other exception established by the State pursuant to [section 654(29) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654/29&num=0&edition=prelim), then the State— (A) shall deduct from the assistance that would otherwise be provided to the family of the individual under the State program funded under this part an amount equal to not less than 25 percent of the amount of such assistance; and (B) may deny the family any assistance under the State program. (3) **No assistance for families not assigning certain support rights to the State** — A State to which a grant is made under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) shall require, as a condition of paying assistance to a family under the State program funded under this part, that a member of the fa

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 653 — Federal Parent Locator Service

**(a) Establishment; purpose** (1) The Secretary shall establish and conduct a Federal Parent Locator Service, under the direction of the designee of the Secretary referred to in [section 652(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section652/a&num=0&edition=prelim), which shall be used for the purposes specified in paragraphs (2) and (3). (2) For the purpose of establishing parentage or establishing, setting the amount of, modifying, or enforcing child support obligations, the Federal Parent Locator Service shall obtain and transmit to any authorized person specified in subsection (c)— (A) information on, or facilitating the discovery of, the location of any individual— (i) who is under an obligation to pay child support; (ii) against whom such an obligation is sought; (iii) to whom such an obligation is owed; or (iv) who has or may have parental rights with respect to a child, including the individual’s social security number (or numbers), most recent address, and the name, address, and employer identification number of the individual’s employer; (B) information on the individual’s wages (or other income) from, and benefits of, employment (including rights to or enrollment in group health care coverage); and (C) information on the type, status, location, and amount of any assets of, or debts owed by or to, any such individual. (3) For the purpose of enforcing any Federal or State law with respect to the unlawful taking or restraint of a child, or making or enforcing a child custody or visitation determination, as defined in [section 663(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section663/d/1&num=0&edition=prelim), the Federal Parent Locat

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9001 — Findings and declarations

**(a) Findings** The Congress makes the following findings: (1) The international abduction or wrongful retention of children is harmful to their well-being. (2) Persons should not be permitted to obtain custody of children by virtue of their wrongful removal or retention. (3) International abductions and retentions of children are increasing, and only concerted cooperation pursuant to an international agreement can effectively combat this problem. (4) The Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980, establishes legal rights and procedures for the prompt return of children who have been wrongfully removed or retained, as well as for securing the exercise of visitation rights. Children who are wrongfully removed or retained within the meaning of the Convention are to be promptly returned unless one of the narrow exceptions set forth in the Convention applies. The Convention provides a sound treaty framework to help resolve the problem of international abduction and retention of children and will deter such wrongful removals and retentions. **(b) Declarations** The Congress makes the following declarations: (1) It is the purpose of this chapter to establish procedures for the implementation of the Convention in the United States. (2) The provisions of this chapter are in addition to and not in lieu of the provisions of the Convention. (3) In enacting this chapter the Congress recognizes— (A) the international character of the Convention; and (B) the need for uniform international interpretation of the Convention. (4) The Convention and this chapter empower courts in the United States to determine only rights under the Convention and not the merits of any underlying child custody claims.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 655 — Payments to States

**(a) Amounts payable each quarter** (1) From the sums appropriated therefor, the Secretary shall pay to each State for each quarter an amount— (A) equal to the percent specified in paragraph (2) of the total amounts expended by such State during such quarter for the operation of the plan approved under [section 654 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654&num=0&edition=prelim), (B) equal to the percent specified in paragraph (3) of the sums expended during such quarter that are attributable to the planning, design, development, installation or enhancement of an automatic data processing and information retrieval system (including in such sums the full cost of the hardware components of such system); and 11 So in original. The “; and” probably should be a comma. (C) equal to 66 percent of so much of the sums expended during such quarter as are attributable to laboratory costs incurred in determining paternity, and (D) equal to 66 percent of the sums expended by the State during the quarter for an alternative statewide system for which a waiver has been granted under [section 652(d)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section652/d/3&num=0&edition=prelim), but only to the extent that the total of the sums so expended by the State on or after July 16, 1998, does not exceed the least total cost estimate submitted by the State pursuant to [section 652(d)(3)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section652/d/3/C&num=0&edition=prelim) in the request for the waiver; except that no amount shall be paid to any State on account of amounts expended from amounts paid to the State under [section 658a of this title](ht

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 663 — Use of Federal Parent Locator Service in

Page 2332 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 660 Editorial Notes AMENDMENTS 2014—Subsec. (c). Pub. L. 113–183, § 301(d)(2)(A), sub- stituted ‘‘foreign reciprocating countries or foreign treaty countries’’ for ‘‘foreign countries that are the subject of a declaration under this section’’ in intro- ductory provisions. Subsec. (c)(2). Pub. L. 113–183, § 301(d)(2)(B), inserted ‘‘and foreign treaty countries’’ after ‘‘foreign recipro- cating countries’’. Subsec. (d). Pub. L. 113–183, § 301(d)(3), substituted ‘‘foreign reciprocating countries or foreign treaty countries’’ for ‘‘the subject of a declaration pursuant to subsection (a)’’. Subsec. (e). Pub. L. 113–183, § 301(d)(1), added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date of section, see section 395(a)–(c) of Pub. L. 104–193, set out as an Effective Date of 1996 Amendment note under section 654 of this title. Executive Documents EX. ORD. NO. 13752. RELATING TO THE IMPLEMENTATION OF THE CONVENTION ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS OF FAMILY MAIN- TENANCE Ex. Ord. No. 13752, Dec. 8, 2016, 81 F.R. 90181, provided: The United States of America deposited its instru- ment of ratification of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (Convention) on Sep- tember 7, 2016. The Convention will enter into force for the United States on January 1, 2017. Article 4 of the Convention imposes upon States Parties an obligation to designate a ‘‘Central Authority’’ for the purpose of discharging certain specified functions. NOW, THEREFORE, by virtue of the authority vested in me as President by the Constitution and the laws of the United States of America, it is ordered a

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 663

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