2006 Code of Virginia § 63.2-1902 - Central unit for information and administration; request and receipt of information from other enti...

63.2-1902. Central unit for information and administration; request andreceipt of information from other entities and agencies; disclosure of suchinformation.

The Department is authorized and directed to establish a central unit withinthe Department to administer the Title IV D State Plan according to 45 C.F.R.302.12. The central unit shall have the statewide jurisdiction and authorityto:

1. Establish a registry for the receipt of information;

2. Answer interstate inquiries concerning noncustodial parents;

3. Coordinate and supervise departmental activities in relation tononcustodial parents to ensure effective cooperation with law-enforcementagencies; and

4. Contract and enter into cooperative agreements with individuals andagencies including law-enforcement agencies, in order that they may assistthe Department in its responsibilities.

The central unit within the Department shall supervise offices whose primaryfunctions are:

a. Location of absent noncustodial parents;

b. Assessment of the ability of noncustodial parents to pay child or childand spousal support and to obtain health care coverage for dependent children;

c. Establishment, modification and enforcement of support obligationsincluding health care coverage for dependent children, through administrativeaction;

d. Preparation of individual cases for court action existing under all lawsof the Commonwealth;

e. Ensuring on a consistent basis that support continues in all cases inwhich support is assessed administratively or ordered by the court; and

f. Provision of its services in establishing paternity and establishing andenforcing support obligations equally to public-assisted andnonpublic-assisted families.

To effectuate the purposes of this section, the Commissioner may request andshall receive from the records of state, county and local agencies within andwithout the Commonwealth, including but not limited to such agencies andentities responsible for vital records; tax and revenue; real and titledpersonal property; authorizations to engage in a business, trade, professionor occupation; employment security; motor vehicle licensing and registration;public assistance programs and corrections, all information and assistance asauthorized by this chapter. The Commissioner may request from state andlocal criminal justice agencies within the Commonwealth assistance inlocating and serving individuals who owe child support and have anoutstanding civil show cause summons or capias pursuant to 16.1-278.16.Solely for the purposes of obtaining motor vehicle licensing and registrationinformation from entities within and without the Commonwealth, the Divisionof Child Support Enforcement shall be deemed to be a criminal justice agency.

With respect to individuals who owe child support or are alleged in a pendingpaternity proceeding to be a putative father, the Commissioner may requestand shall receive the names and addresses of such individuals and the namesand addresses of such individuals' employers as appearing in the customerrecords of public service corporations and companies as defined in 56-1,cable television companies and financial institutions. All state, county andcity departments, boards, bureaus or other entities or agencies, officers andemployees shall cooperate in the location of noncustodial parents who haveabandoned or deserted, or are failing to support, children and theircustodial parents and shall on request supply the Department with allinformation on hand relative to the location, income, benefits and propertyof such noncustodial parents, notwithstanding any provision of law makingsuch information confidential. These entities are authorized to provide suchinformation as is necessary for this purpose. Only information directlybearing on the identity and whereabouts of a person owing or asserted to beowing an obligation of support shall be requested and used or transmitted bythe Commissioner. The Commissioner may make such information available onlyto public officials, agencies and political subdivisions of thisCommonwealth, and other states seeking to locate parents who have desertedtheir children and other persons liable for support of dependents for thepurpose of enforcing their liability for support. A civil penalty not toexceed $1,000 may be assessed by the Commissioner for a failure to respond toa request for information made in accordance with this section.

Any public or private person, partnership, firm, corporation or association,any financial institution and any political subdivision, department or otherentity of the Commonwealth who in good faith and in the absence of grossnegligence, willful misconduct or breach of an ethical duty, provideinformation requested pursuant to this section shall be immune fromliability, civil or criminal, that might otherwise result from the release ofsuch information to the Department.

(1988, c. 906, 63.1-274.6; 1990, c. 836; 1991, cc. 545, 588; 1994, c. 665;1997, cc. 796, 895; 2001, c. 573; 2002, c. 747; 2003, cc. 467, 929, 942.)