N.Y. Comp. Codes R. & Regs. Tit. 18 § 347.7 - Location of noncustodial parents/alleged parents/intended parents and sources of income or assets
(a) Location
means obtaining information concerning the physical whereabouts of a
noncustodial parent, alleged parent, or intended parent, the employer(s) of the
noncustodial parent, alleged parent, or intended parent, or other sources of
income, assets, or medical support information as appropriate, which are
sufficient and necessary to take the next appropriate action in a
case.
(b) For all cases referred to
the child support enforcement unit or applying for child support services under
section
347.17
of this Part in which the location of the noncustodial parent, alleged parent,
or intended parent, or the income, assets, or medical support information of
such person is unknown or unverified, the child support enforcement unit must:
(1) Use appropriate location sources such as
the Federal Parent Locator Service (PLS) and State PLS; interstate location
networks, local officials and employees administering public assistance,
general assistance, medical assistance, Supplemental Nutrition Assistance
Program, and social services; records of 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 licenses and vehicle registration, and criminal records;
relatives and friends of the noncustodial parent, alleged parent, or intended
parent; current or past employers; utilities, electronic communications and
internet service providers, and the U.S. Postal Service; financial references;
unions and fraternal organizations; and police, corrections, parole, and
probation records, if appropriate; and other sources.
(2) Establish working relationships with all
appropriate agencies in order to utilize location resources
effectively.
(3) Employ
methodologies that safeguard all confidential information and data pertaining
to the noncustodial parent, alleged parent, or intended parent obtained through
location sources as provided in section
111-v of the Social Services
Law.
(4) Within no more than 75
calendar days of determining that location efforts are necessary, access all
appropriate location sources including transmitting appropriate cases to the
State and the Federal PLS where there is sufficient information to initiate
automated location efforts, ensure that location information is sufficient to
take the next appropriate action in a case, and update automated case record s
as appropriate. Information critical to location activities includes the name,
social security number, last known address(es) and employer(s) of the
noncustodial parent, alleged parent, and intended parent, and the date of birth
of their children.
(5) Refer
appropriate cases to the IV-D agency of any other state. The IV-D agency of the
other State shall follow the procedures as described in paragraphs (1), (2),
(3) and (4) of this subdivision; except that the responding State is not
required to access the Federal PLS under paragraph (4) of this
subdivision.
(6) Repeat location
attempts in cases in which previous attempts to locate the noncustodial parent,
alleged parent, or intended parent or sources of income and/or assets have
failed but adequate identifying and other information exists to warrant
submittal for location either immediately upon receipt of new information, or
quarterly, whichever occurs sooner. Repeated attempts based on new information
must meet the requirements of paragraph (4) of this subdivision. Quarterly
attempts may be limited to automated sources but must include accessing State
employment security files, including new hire reporting, wage reporting, and
unemployment insurance benefits.
(7) Make a diligent effort to serve process
on the noncustodial parent, alleged parent, or intended parent, in cases in
which previous attempts have failed but new information adequate to serve such
process exists. Diligent effort to serve process on a noncustodial parent,
alleged parent, or intended parent means an attempt to serve process as soon as
adequate information with respect to the location of such parent is obtained,
but no later than 90 calendar days after receipt of such information.
(c) The child support enforcement
unit is designated as the local agent to accept applications for State PLS
services from agencies and individuals authorized by the Division of Child
Support Services within the Office.
Notes
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