LOCATE

CS 144P State Parent Locate Service (SPLS)

01/85 Revised 07/31/14 Training Completed 08/14/14

42 USC 653 and 663; 45 CFR 302.35, 303.3, 303.7, 303.15, 303.69, 303.70

 

 

Statutory Authority

 

Federal Child Support Regulations found at 45 CFR 302.35 require all state IV-D agencies to establish a State Parent Locator Service (SPLS).

The State plan shall provide as follows:

(a) State PLS. The IVD agency shall maintain a State PLS to provide locate information to authorized persons for authorized purposes.

(1) For IVD cases and IVD purposes by the IVD agency. The State PLS shall access the Federal PLS and all relevant sources of information and records available in the State, and in other States as appropriate, for locating custodial parents, noncustodial parents, and children for IVD purposes.

(2) For authorized non-IVD individuals and purposes

(i) The State PLS shall access and release information authorized to be disclosed under section 453(a)(2) and 453(j)(3) of the Act from the Federal PLS and, in accordance with State law, information from relevant in-State sources of information and records, as appropriate, for locating custodial parents, noncustodial parents, non-parent relatives, and children upon request of authorized individuals specified in paragraph (c) of this section, for authorized purposes specified in paragraph (d) of this section.

(ii) The State PLS shall not release information from the computerized support enforcement system required under part 307 of this chapter, IRS information, or financial institution data match information, nor shall the State PLS forward a non-IVD request to another State IVD agency.

(iii) The State PLS need not make subsequent location attempts if locate efforts fail to find the individual sought unless a new request is submitted.

(b) Central State PLS requirement. The IVD program shall maintain a central State PLS to submit requests to the Federal PLS.

(c) Authorized persons. The State PLS shall accept requests for locate information only from the following authorized persons:

(1) Any State or local agency providing child and spousal support services under the State plan, and any Tribal IVD agency providing child and spousal support services under a Tribal plan approved under 45 CFR Part 309, provided the State and Tribe have in effect an intergovernmental agreement for the provision of Federal PLS services;

(2) A court that has authority to issue an order or to serve as the initiating court in an action to seek an order against a noncustodial parent for the support and maintenance of a child, or any agent of such court;

(3) The resident parent, legal guardian, attorney, or agent of a child who is not receiving assistance under title IV A of the Act only if the individual:

(i) Attests that the request is being made to obtain information on, or to facilitate the discovery of, any individual in accordance with section 453(a)(2) of the Act for the purpose of establishing parentage, establishing, setting the amount of, modifying, or enforcing child support obligations;

(ii) Attests that any information obtained through the Federal or State PLS shall be used solely for these purposes and shall be otherwise treated as confidential;

(iii) Attests that the requestor is the resident parent, legal guardian, attorney, or agent of a child not receiving assistance under title IVA; and

(iv) Pays the fee required for Federal PLS services under section 453(e)(2) of the Act and 303.70(f)(2)(i) of this chapter, if the State does not pay the fee itself. The State may also charge a fee to cover its costs of processing the request, which must be as close to actual costs as possible, so as not to discourage requests to use the Federal PLS. If the State itself pays the fee for use of the Federal PLS or the State PLS in a non-IVD case, Federal financial participation is not available in those expenditures.

(4) Authorized persons as defined in 303.15 of this chapter in connection with parental kidnapping, child custody or visitation cases; or

(5) A State agency that is administering a program operated under a State plan under titles IVB or IVE of the Act.

(d) Authorized purposes for requests and scope of information provided. The State PLS shall obtain location information under this section only for the purpose specified in paragraphs (d)(1), (d)(2), (d)(3), and (d)(4) of this section.

(1) To locate an individual with respect to a child in a IVD, non-IVD, IVB, or IVE case. The State PLS shall locate individuals for the purpose of establishing parentage, or establishing, setting the amount of, modifying, or enforcing child support obligations or for determining who has or may have parental rights with respect to a child. For these purposes, only information in the Federal PLS or the State PLS may be provided. This information is limited to name, Social Security Number(s), most recent address, employer name and address, employer identification number, wages or other income from, and benefits of, employment, including rights to, or enrollment in, health care coverage, and asset or debt information.

(2) To assist States in carrying out their responsibilities under title IVD, IVA, IVB, and IVE programs. In addition to the information that may be released pursuant to paragraph (d)(1) of this section, State PLS information may be disclosed to State IVD, IVA, IVB, and IVE agencies for the purpose of assisting States to carry out their responsibilities to administer title IVD, IVA, IVB, and IVE programs, including information to locate an individual who is a child or a relative of a child in a IVB or IVE case. Information that may be disclosed about relatives of children involved in IVB and IVE cases is limited to name, Social Security Number(s), most recent address, employer name and address and employer identification number.

(3) To locate an individual sought for the unlawful taking or restraint of a child or for child custody or visitation purposes. The State PLS shall locate individuals for the purpose of enforcing a State law with respect to the unlawful taking or restraint of a child or for making or enforcing a child custody or visitation determination as defined in section 463(d)(1) of the Act. This information is limited to most recent address and place of employment of a parent or child.

(e) Locate information subject to disclosure. Subject to the requirements of this section and the privacy safeguards required under section 454(26) of the Act and the family violence indicators under section 307.11(f)(1)(x) of this part, the State PLS shall disclose the following information to authorized persons for authorized purposes,

(1) Federal PLS information described in sections 453 and 463 of the Act; and

(2) Information from in-state locate sources.

The SPLS unit within the Office of Recovery Services/Child Support Services (ORS/CSS) must provide locate information to authorized persons for authorized purposes and submit all requests to the Federal Parent Locate Services (FPLS). For more information on authorized persons and authorized purposes, refer to the definitions section below.

 

The state IV-D agency must also establish an Interstate Central Registry Unit responsible for receiving, distributing, and responding to inquiries on all incoming interstate IV-D cases pursuant to 45 CFR 303.7:

(a) General responsibilities. A State IV-D agency must:

(1)    Establish and use procedures for managing its intergovernmental IVD caseload that ensure provision of necessary services as required by this section and include maintenance of necessary records in accordance with 303.2 of this part;

 

 

CS 144.2 Definitions

 

1.                   Authorized persons As defined by 45 CFR 302.35(c):

Authorized persons. The State PLS shall accept requests for locate information only from the following authorized persons:

(1) Any State or local agency providing child and spousal support services under the State plan, and any Tribal IVD agency providing child and spousal support services under a Tribal plan approved under 45 CFR Part 309, provided the State and Tribe have in effect an intergovernmental agreement for the provision of Federal PLS services;

(2) A court that has authority to issue an order or to serve as the initiating court in an action to seek an order against a noncustodial parent for the support and maintenance of a child, or any agent of such court;

(3) The resident parent, legal guardian, attorney, or agent of a child who is not receiving assistance under title IV A of the Act only if the individual:

(i) Attests that the request is being made to obtain information on, or to facilitate the discovery of, any individual in accordance with section 453(a)(2) of the Act for the purpose of establishing parentage, establishing, setting the amount of, modifying, or enforcing child support obligations;

(ii) Attests that any information obtained through the Federal or State PLS shall be used solely for these purposes and shall be otherwise treated as confidential;

(iii) Attests that the requestor is the resident parent, legal guardian, attorney, or agent of a child not receiving assistance under title IVA; and

(iv) Pays the fee required for Federal PLS services under section 453(e)(2) of the Act and 303.70(f)(2)(i) of this chapter, if the State does not pay the fee itself. The State may also charge a fee to cover its costs of processing the request, which must be as close to actual costs as possible, so as not to discourage requests to use the Federal PLS. If the State itself pays the fee for use of the Federal PLS or the State PLS in a non-IVD case, Federal financial participation is not available in those expenditures.

(4) Authorized persons as defined in 303.15 of this chapter in connection with parental kidnapping, child custody or visitation cases; or

(5) A State agency that is administering a program operated under a State plan under titles IVB or IVE of the Act.

 

2.                   Authorized purposes As defined by 45 CFR 302.35(d):

Authorized purposes for requests and scope of information provided. The State PLS shall obtain location information under this section only for the purpose specified in paragraphs (d)(1), (d)(2), (d)(3), and (d)(4) of this section.

(1) To locate an individual with respect to a child in a IVD, non-IVD, IVB, or IVE case. The State PLS shall locate individuals for the purpose of establishing parentage, or establishing, setting the amount of, modifying, or enforcing child support obligations or for determining who has or may have parental rights with respect to a child. For these purposes, only information in the Federal PLS or the State PLS may be provided. This information is limited to name, Social Security Number(s), most recent address, employer name and address, employer identification number, wages or other income from, and benefits of, employment, including rights to, or enrollment in, health care coverage, and asset or debt information.

(2) To assist States in carrying out their responsibilities under title IVD, IVA, IVB, and IVE programs. In addition to the information that may be released pursuant to paragraph (d)(1) of this section, State PLS information may be disclosed to State IVD, IVA, IVB, and IVE agencies for the purpose of assisting States to carry out their responsibilities to administer title IVD, IVA, IVB, and IVE programs, including information to locate an individual who is a child or a relative of a child in a IVB or IVE case. Information that may be disclosed about relatives of children involved in IVB and IVE cases is limited to name, Social Security Number(s), most recent address, employer name and address and employer identification number.

(3) To locate an individual sought for the unlawful taking or restraint of a child or for child custody or visitation purposes. The State PLS shall locate individuals for the purpose of enforcing a State law with respect to the unlawful taking or restraint of a child or for making or enforcing a child custody or visitation determination as defined in section 463(d)(1) of the Act. This information is limited to most recent address and place of employment of a parent or child.

 

3.                   Location As defined in 45 CFR 303.3(a):

Definition. For purposes of this section, location means obtaining information concerning the physical whereabouts of the noncustodial parent, or the noncustodial parents employer(s), other sources of income or assets, as appropriate, which is sufficient and necessary to take the next appropriate action in a IVD case.

 

All locate information is subject to the privacy safeguards pursuant to 45 CFR 303.70(e)(3), which states:

The IVD agency will treat any information obtained through the Federal PLS and SPLS as confidential and shall safeguard the information under the requirements of sections 453(b), 453(l), 454(8), 454(26), and 463(c) of the Act, 303.21 of this part and instructions issued by the Office..

 

 

State PLS Unit

 

The State PLS Units must have procedures in place for submitting both state and federal PLS requests to other states and to the Federal Parent Locate Service (FPLS) in accordance with 45 CFR 302.35, 303.3, 303.7, 303.15, and 303.70.

 

1.                   45 CFR 302.35 State parent locator service.

The State plan shall provide as follows:

(a) State PLS. The IVD agency shall maintain a State PLS to provide locate information to authorized persons for authorized purposes.

(1) For IVD cases and IVD purposes by the IVD agency. The State PLS shall access the Federal PLS and all relevant sources of information and records available in the State, and in other States as appropriate, for locating custodial parents, noncustodial parents, and children for IVD purposes.

(2) For authorized non-IVD individuals and purposes . . .

(b) Central State PLS requirement. The IVD program shall maintain a central State PLS to submit requests to the Federal PLS.

 

2.                   45 CFR 303.3(b) Location of noncustodial parents in IV-D cases.

For all cases referred to the IVD program for IVD services because of an assignment of support rights or cases opened upon application for IVD services under 302.33 of this chapter, the IVD program must attempt to locate all noncustodial parents or their sources of income and/or assets when location is needed to take a necessary action. Under this standard, the IVD program 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, drivers licenses, vehicle registration, and criminal records and other sources;

(2) Establish working relationships with all appropriate agencies in order to use locate resources effectively;

(3) Within no more than 75 calendar days of determining that location is necessary, access all appropriate location sources and ensure that location information is sufficient to take the next appropriate action in a case;

(4) Refer appropriate IVD cases to the IVD program of any other State, in accordance with the requirements of 303.7 of this part. The IVD program 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;

(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;. . . (Emphasis added.)

 

3.                   45 CFR 303.7(c)(13) Provision of services in Intergovernmental IV-D cases.

. . .make a diligent effort to locate the obligee, including use of the Federal Parent Locator Service and the State Parent Locator Service. . . (Emphasis added.)

 

4.                   45 CFR 303.15(b) Agreements to use the Federal Parent Locator Service (PLS) in parental kidnapping and child custody or visitation cases.

A State shall enter into an agreement with the Office that meets the requirements of section 463 of the Act and this section of the regulations so that the State IV-D agency may request information from the Federal PLS 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. (Emphasis added.)

 

5.                   45 CFR 303.70 Requests by the State Parent Locator Services (SPLS) for information from the Federal Parent Locator Service (FPLS).

(a) The State agency will have procedures for submissions to the State PLS or the Federal PLS for the purpose of locating parents, putative fathers, or children for the purpose of establishing parentage or establishing, setting the amount of, modifying, or enforcing child support obligations; 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 463(d)(1) of the Act, or for the purpose of assisting State agencies to carry out their responsibilities under title IVD, IVA, IVB, and IVE programs.

(b) Only the central State PLS may make submittals to the Federal PLS for the purposes specified in paragraph (a) of this section. (Emphasis added.)

 

 

Procedures Request to Other State

 

Use the SPLS when you believe the NCP lives or works in another state or when you wish to confirm the NCP's location in another state.

 

 

Request to Foreign Reciprocating Country Canadian Provinces/Territories

 

Reciprocating Canadian provinces/territories have agreed to accept Uniform Interstate Family Support Act (UIFSA) forms for quick locate. If you believe the NCP is residing in a Canadian jurisdiction, complete and send the form to the appropriate provide or territory.

 

The initial contact and address information for reciprocating provinces/territories can be found in the Intergovernmental Reference Guide (IRG).

 

 

Request from Other State

 

Other states may transmit locate-only requests to CSS via CSENet or the Child Support Locate Request. These requests are sent to the SPLS Team A SPLS request is not a request to open an interstate case and is not subject to federal time standards. The team will establish case records on ORSIS for SPLS cases. The team will access basic on-line locate resources one time only in an attempt to find the missing parent and notify the initiating agency of the results.