Section 113100 - Local Child Support Agency Responsibilities(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.3. Board of Equalization.4. Department of Consumer Affairs.5. Department of Motor Vehicles.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.(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.4. Providers of electronic digital pager communication.5. Providers of cellular telephone services.6. Credit reporting agencies.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.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).