LOCATE

CS 140P Locating a Non-Custodial Parent

02/01 Revised 01/11/16 Training Completed 12/16/15

45 CFR 303.3; R657-45; DCL 09-25

 

 

Statutory Authority

 

Federal regulations found at 45 CFR 303.3(b)(3) state:

 

 “(a) Definition. Location means information concerning the physical whereabouts of the noncustodial parent, or the noncustodial parent's employer(s), other sources of income or assets, as appropriate, which is sufficient and necessary to take the next appropriate action in a case.

Code of Federal Regulations / Title 45 - Public Welfare / Vol. 2 / 1999-10-01193

(b) For all cases referred to the IV-D agency or applying for services under § 302.33 of this chapter, the IV-D agency must attempt to locate all noncustodial parents or sources of income and/or assets when location is necessary to take necessary action. Under this standard, the IV-D agency must:(1) Use appropriate location sources such as the Federal PLS; interstate location networks; local officials and employees administering public assistance, general assistance, medical assistance, food stamps and social services (whether such individuals are employed by the State or a political subdivision); relatives and friends of the noncustodial parent; current or past employers; the local telephone company; the U.S. Postal Service; financial references; unions; fraternal organizations; and police, parole, and probation records if appropriate; and State agencies and departments, as authorized by State law, including those departments which maintain records of public assistance, wages and employment, unemployment insurance, income taxation, driver's licenses, vehicle registration, and criminal records and other sources;(2) Establish working relationships with all appropriate agencies in order to utilize locate resources effectively;(3) Within no more than 75 calendar days of determining that location is necessary, access all appropriate location sources, including transmitting appropriate cases to the Federal PLS, and ensure that location information is sufficient to take the next appropriate action in a case;(4) Refer appropriate cases to the IV-D agency of any other State, in accordance with the requirements of § 303.7 of this part. The IV-D agency of such other State shall follow the procedures in paragraphs (b)(1) through (b)(3) of this section for such cases, as necessary, except that the responding State is not required to access the Federal PLS under paragraph (b)(3) of this section;(5) Repeat location attempts in cases in which previous attempts to locate noncustodial parents or sources of income and/or assets have failed, but adequate identifying and other information exists to meet requirements for submittal for location, either quarterly or immediately upon receipt of new information which may aid in location, whichever occurs sooner. Quarterly attempts may be limited to automated sources but must include accessing State employment security files. Repeated attempts because of new information which may aid in location must meet the requirements of paragraph (b)(3) of this section; and(c) The State must establish guidelines defining diligent efforts to serve process. These guidelines must include periodically repeating service of process attempts in cases in which previous attempts to serve process have failed, but adequate identifying and other information exists to attempt service of process.”

 

The 75 calendar day federal time frame applies to all cases that need location of the NCP and/or his/her assets.  

 

 

Misrepresentation of Authority

 

When conducting locate and casework activities, do not attempt to obtain information on NCPs or custodial parents (CPs) by misrepresenting your identity. Do not indicate or imply that you are affiliated with any agency or entity other than the Office of Recovery Services/Child Support Services (ORS/CSS), or the Department of Human Services (DHS).

 

Required Locate Resources

 

The required locate resources are listed below.  Resource numbers 1 through 4 are manual, resource numbers 5 through 10 are automated, and resource numbers 11 and 13 are both automated and manual. 

 

1.                   Custodial Parent (CP).  Consider whether it is appropriate to contact the CP to request new or updated information about the NCP.  For example, if the application packet was received within the last six months it is generally not necessary to contact the CP for updated information.  If you are not contacting the CP, you must document your rationale in the participant level narrative.  If you are contacting the CP, either phone him/her or send the Applicant/Recipient Information Request letter.  The letter asks the CP (who must also be the applicant or recipient on the case) to provide updated location and/or income/asset information on the NCP.  The CP may respond by phone call, fax, e-mail, or by completing and returning the bottom portion of the letter.  If the CP (on an incoming interstate case) is in another state, send the Interstate:  Progress Report form to the initiating state.

 

2.                   U.S. Post Office for address verification.  Consider whether it is appropriate to send the Post Office Request for Address Information letter to verify the last known address or obtain the forwarding address of the NCP.  For example, if the alert was generated because the address was recently changed to history based on information from a prior letter and another alert was generated, you do not need to resend the letter.  If you do not send the letter you must document your rationale in the participant level narratives.

 

NOTE 1:  The Canadian Privacy Act prohibits the release of personal information from unauthorized disclosure.  Releasing address information and employment information falls within the Act’s definition of personal information, which means it is illegal to provide State Child Support Offices with address and employment information.  Do NOT send a letter to the Canadian Post Office.

 

NOTE 2:  When sending the letter, use the option that requires the POSTMASTER street address.  Often multiple post offices serve the same zip code area and this will assist the post office in determining which office to send the letter to.  If the post office is unable to determine which office to send the letter to, they will return the letter, “RETURN TO SENDER, INSUFFICIENT ADDRESS, UNABLE TO FORWARD.”  The full address for a specific post office can be found on the United States Postal Service (USPS) website, www.usps.com.  Click on “Find Locations” and add the city and state, or zip code.

 

3.                   Credit Bureaus.  Access a partial consumer report to try to determine the alleged father’s or NCP’s location.  For example, if a credit report was accessed within the last 12 months and circumstances on the case have not changed, you do not need to run a new report.

 

4.                   State Parent Locate Service (SPLS).  Consider whether it is appropriate to request an SPLS.  For example, you may have information that the NCP may now reside out of state.  If appropriate, send the Child Support Locate Request form or a CSENet transmission to the other state.

 

5.                    Department of Workforce Services (DWS) employment information.

 

6.                   Federal Parent Locate Service (FPLS) reports.  The FPLS includes the following sub-sources:

a.                   Department of Defense (DOD);

b.                  Federal Bureau of Investigations (FBI);

c.                   Insurance Match (IM);

d.                  Master Benefit Record (MBR);

e.                  National Security Agency (NSA);

f.                    Prisoner Locate (PRSN);

g.                   Social Security Administration (SSA);

h.                  Social Security Title II (SSA2);

i.                     Social Security Title XVI (SSI);

j.                    Title II Pending Claim (SPND); and,

k.                   Veterans Administration (VA).

 

For information regarding the codes that interface with the State Verification and Exchange System (SVES) go to the Office of Child Support Enforcement (OCSE) website http://www.acf.hhs.gov/programs/css/resource/fcr-release-02-01-minor-sves-data-dictionary. 

 

7.                   National Directory of Unemployment Insurance (NDUI).

 

8.                   National Directory of Quarterly Wage (NDQW).

 

9.                   National Directory of New Hires (NDNH).

 

10.               Federal Case Registry (FCR).  ORSIS participant and case date automatically matches with information from the FCR.

 

11.               Utah Department of Motor Vehicles (DMV).

 

12.               Utah Driver's License Division.

 

13.               State Personnel or State Tax Commission.

 

 

Additional Locate Resources 

 

The following is a list of other locate resources that may be used to locate the NCP, as appropriate. 

 

1.                   Utah Criminal Justice Information System (UCJIS).  This resource provides users access to multiple locate sources including:

a.                   Utah Motor Vehicle Division and Utah Driver License Division;

b.                  National Law Enforcement Telecommunication System (NLETS);

c.                   Statewide Warrants and Protective Orders (SWW/PO); and,

d.                  Offender Track (OTRK).

 

2.                   eShare.  This system contains information about public assistance, general assistance, medical assistance, and food stamps.

 

3.                   Department of Corrections (UDC).  UDC includes Adult Probation and Parole (AP & P) and Division of Institutionalized Operations (DIO).

 

4.                   Victim Information & Notification Everyday (VINES).  This resource provides access to information about inmates in all jails and prisons within the entire United States.

 

5.                   Non-custodial parent.  Attempt to contact him/her by phone or send the Request for Telephone Contact “Feeler” form.

 

6.                   Former employers/unions of the NCP.  Send the Employer Request letter.  Some employers provide verification via “The Work Number” site on the internet.

 

7.                   Relatives, friends, or neighbors of the NCP.  Send the Relative Information Request letter.

 

8.                   Salt Lake County System.  Contains the Alarm Drop System (SHAM), Offender Management System (OMS), and Property Index System (SEPS). Street File & Editor (STEM), Tax System Menu (STXM), Vice Squad System (SHVM), Voter Registration Menu (VOTM) and Marriage Inquiry System (MRXE).

 

9.                   Telephone company (CenturyLink inquiry) and National Telephone Directories.  Contact CenturyLink by sending the Request for Customer Service Information – Electronic Communication or Internet Service Provider letter.

 

10.               Internet Providers.  Contact an Internet Provider by sending the Request for Customer Service Information – Electronic Communication or Internet Service Provider letter

 

11.               Cellular telephone company.  Contact a cellular telephone company by sending the Request for Customer Service Information – Electronic Communication or Internet Service Provider letter.

 

12.               Utilities.  Use the Subpoena Duces Tecum to obtain address information from utility companies

 

13.               Tax matches.  Send the Utah State Tax Commission Income Tax Info Request letter to the Utah State Tax Commission (USTC) for additional Utah state tax information

 

14.               U.S. military.  Department of Defense (DOD) employment information is reported via the FCR.  Military status information may also be obtained from the Department Manpower Data Center (DMDC)

 

15.               Workers Compensation.

 

16.               Industrial Commission.  Use the Department of Commerce source for information about contractor licenses.  You may also contact the Industrial Commission by phone for information.

 

17.               State Natural Resources/Division of Wildlife Resources (DWR).  To obtain information regarding an NCP’s hunting and fishing licenses, permits, or certificates.

 

18.               Vital Records.  The Utah office of Vital Records and Statistics (VRS) provides birth and death information.

 

19.               Banks, credit unions, and financial institutions.  Send the Financial Information Request letter.

 

20.               Schools, institutions, and fraternal organizations.  Send the School Request letter.

 

21.               Department of Commerce (DOC).  Use this resource to find address and income information about self-employed NCPs.

 

22.               Other states with a prior child support case.  If you know the CP had a child support case in another state prior to Utah, send the Non-custodial Parent Information Request letter to that state requesting information about the NCP.  Also refer to the SPLS and FCR locate sources above.

 

23.               Department of Homeland Security/Bureau of Immigration and Customs Enforcement (DHS/ICE).  Send the Alien Status and Deportation Information Request letter if you need to obtain alien status and deportation information on a NCP.

 

24.               Project Save Our Children (PSOC).  Complete and send the Project Save Our Children Referral to locate the NCP’s resident or assets.

  

 

Use of Social Media as a Locate Resource

 

Merriam-Webster defines social media as “forms of electronic communication (as Web sites for social networking and micro-blogging) through which users create online communities to share information, ideas, personal messages, and other content (as videos).”  Social media can come in many different forms, some of which include blogs, business networks, forums, photo sharing, social networking, and virtual worlds.  For the purpose of this section, social media will refer to social networking websites.

 

The following list contains a few of the more commonly used social networking websites and is not intended to be all inclusive:

 

1.                   Facebook;

2.                   Google+;

3.                   Instagram;

4.                   LinkedIn;

5.                   Myspace;

6.                   Pinterest;

7.                   Tumblr;

8.                   Twitter; and,

9.                   You Tube.

 

The use of and access to any social media website as a locate resource using state-issued equipment is strictly prohibited.  Individuals who use or access social media websites as a locate resource using state-issued equipment may be subject to disciplinary action.

 

             

Additional Children in Care (CIC) Locate Resources

 

The following resources are to be used for Children in Care (CIC) cases only.

 

1.                   Youth Corrections Placement Screens.

 

2.                   Foster Care Placement Screens (SAFE).

 

3.                   Juvenile Court Order – Research all juvenile court orders in the case to determine if a copy was mailed to the mother and/or father.  If so, obtain the address where the order was mailed.