(a) Each local
child support agency shall:
(1) Use all appropriate
locate sources when the noncustodial parent's location is unknown. Appropriate
locate sources include, but are not limited to:
(A) California Parent Locator Service (CPLS) as
the primary clearing house for accessing numerous data bases.
(B) United States Postal Service.
(C) Local telephone company.
(D) Federal Parent Locator Service including the
National Directory of New Hires and Federal Case Registry.
(E) State agencies maintaining records of public
assistance, wages and employment, unemployment insurance, income taxes, driver's
licenses and vehicle registration, vital records, and criminal records such as:
1. Employment Development Department, including
the State New Hire Registry.
2.
Secretary of State.
3. Board of
Equalization.
4. Department of Consumer
Affairs.
5. Department of Motor
Vehicles.
6. Franchise Tax
Board.
7. Department of Health
Services.
(F) Local agencies
which administer public assistance, general assistance, medical assistance, and
social services programs.
(G) Financial
institutions.
(H) Current and past
employers of the noncustodial parent.
(I) Unions.
(J) Fraternal organizations.
(K) Police, parole, and probation
offices.
(L) Other sources such as:
1. Interstate location networks, such as other
state parent locator services, including quick locate requests.
2. Multi-state financial institution data
match.
3. Public utilities.
4. Providers of electronic digital pager
communication.
5. Providers of cellular
telephone services.
6. Credit reporting
agencies.
7. Internet.
8. Voter registration.
9. Friends and relatives of the noncustodial
parent.
10. Private locate sources when
appropriate.
(2)
Use appropriate locate sources when a custodial party's address is unknown and the
local child support agency has a child support collection to distribute as specified
in subsection (h), or the local child support agency needs to contact the custodial
party regarding his/her child support case.
(b) Within no more than 75 calendar days of
determining that a noncustodial parent needs to be located, a local child support
agency shall:
(1) Access all appropriate locate
sources, unless information sufficient to take the next locate, establishment, or
enforcement action in a case is otherwise obtained within the 75-calendar-day time
frame.
(2) Ensure that location
information received is sufficient to take the next locate, establishment, or
enforcement action, or initiate service of process.
(c) For cases in which location attempts required
by subsection (b) were unsuccessful, the local child support agency shall:
(1) When new information which may aid with
location is received, immediately initiate location by accessing all appropriate
locate sources as specified in subsection (a)(1).
(2) When new information has not been received,
repeat location attempts quarterly. Quarterly locate attempts may be limited to
accessing automated locate sources when the noncustodial parent's name, date of
birth, or social security number are known. Referral to an automated locate source
shall include accessing both of the following locate sources:
(A) Employment Development Department.
(B) The California Parent Locator
Service.
(3) Not submit
locate cases to the Federal Parent Locator Service for quarterly locate activity if
the cases were previously submitted to the Federal Case Registry.
(d) The local child support agency
shall not be required to take independent action to access locate sources already
accessed by CPLS.
(e) If an automated
locate source updates its database less frequently than on a quarterly basis, the
local child support agency shall refer cases to that source in accordance with how
often that source updates its database, rather than every quarter.
(f) If a local child support agency determines
that a specific source of locate information is needed in a case, such as when only
the noncustodial parent's earnings or assets need to be located, the local child
support agency may refer those cases only to locate sources which provide that type
of information.
(g) A local child
support agency shall use the quick locate method for locating or confirming the
location of a noncustodial parent in another state by completing the federal form
"Child Support Enforcement Transmittal #3 -- Request for Assistance/Discovery, OMB
No. 0970-0085," or the "Application for Non-Title IV-D Locate Services", DCSS 0073
(08/20/2023), which is incorporated by reference, and submitting it manually or
electronically to the California Parent Locator Service for referral to the parent
locator service in the state(s) in which the noncustodial parent is believed to be
located.
(1) The quick locate method is appropriate
for use in the following situations:
(A) When a
local child support agency determines that a noncustodial parent might be in one of
several states.
(B) When a local child
support agency intends to use one-state remedies to establish parentage or a support
order, or to enforce an order and wants to use the quick locate method to confirm
the noncustodial parent's location.
(2) When the quick locate method is used, the time
frames specified in subsection (b) shall apply.
(h) Within 5 business days of determining that
contact with a custodial party has been lost and that custodial party must be
located because the local child support agency has a child support collection to
distribute to that custodial party, the local child support agency shall attempt to
locate that custodial party for 6 months using the locate resources specified in
subsection (a)(1).
(1) Contact with a custodial
party shall be determined lost when all attempts by a local child support agency to
telephone and correspond with a custodial party utilizing all known telephone
numbers and addresses, including e-mail have failed. In addition to the locate
resources specified in subsection (a)(1), the local child support agency shall
attempt to locate the custodial party by contacting employers, relatives, and
friends of the custodial party, if known.
(2) When a custodial party cannot be contacted
after 6 months of locate attempts, a local child support agency shall return the
undeliverable payment(s) to the noncustodial parent with written notification
advising the noncustodial parent that the return of the support does not relieve the
noncustodial parent of the support order, and the noncustodial parent should
consider placing the funds aside for purposes of child support in case the custodial
party appears and seeks collection of the undistributed payments.
(i) Each local child support agency
shall ensure the requirements of Article 5, Chapter 1, are met with respect to the
safeguarding and disclosure of confidential information obtained through locate
efforts.
Notes
Cal. Code Regs. Tit. 22, §
113100
Note: Authority cited: Sections 17306, 17310 and 17312, Family
Code. Reference: Sections 17212, 17502, 17505, 17506, 17508, 17512 and 17514, Family
Code; Section 11478.1, Welfare and Institutions Code; and 45 Code of Federal
Regulations, Sections 302.35, 303.3, 303.7, 303.15, 303.69 and 303.70.
Note: Authority cited: Sections
17306,
17310 and
17312, Family Code.
Reference: Sections
17212,
17502,
17505,
17506,
17508,
17512 and
17514, Family Code;
Section
11478.1,
Welfare and Institutions Code; and 45 Code of Federal Regulations, Sections
302.35,
303.3,
303.7,
303.15,
303.69 and
303.70.
1. New chapter 3 (articles
1-2), article 1 (section 113100) and section filed 9-4-2001 as an emergency pursuant
to Family Code section
17306; operative
9-4-2001 (Register 2001, No. 36). A Certificate of Compliance must be transmitted to
OAL by 3-4-2002 or emergency language will be repealed by operation of law on the
following day.
2. New chapter 3 (articles 1-2), article 1 (section
113100) and section refiled 2-11-2002 as an emergency pursuant to Family Code
section
17306; operative
3-6-2002 (Register 2002, No. 7). A Certificate of Compliance must be transmitted to
OAL by 9-3-2002 or emergency language will be repealed by operation of law on the
following day.
3. Editorial correction of History 2 (Register 2002, No.
27).
4. Certificate of Compliance as to 2-11-2002 order, including
amendment of section and Note, transmitted to OAL 9-3-2002 and filed 9-30-2002
(Register 2002, No. 40).
5. Amendment of subsections (a)(1)(E), (b)(2),
(g), (g)(1)(B) and (h)(1) filed 3-11-2024; operative
7/1/2024
(Register
2024, No. 11).