LOCATE
CS 144P State Parent Locate
Service (
01/85 Revised 03/12/20 Training
Completed 03/26/20 Last Reviewed 03/04/25
42 U.S.C. 653, 663; 45
CFR 302.35, 303.3,
303.7,
303.15,
303.69,
303.70
Statutory
Authority
Federal
Child Support Regulations found at 45
“The State plan shall provide as follows:
(a) State PLS. The IV–D
agency shall maintain a State PLS to provide locate information to authorized
persons for authorized purposes.
(1) For IV–D cases and IV–D
purposes by the IV–D 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 IV–D purposes.
(2) For authorized non-IV–D
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-IV–D request to another State IV–D 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 IV–D 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 IV–D 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
IV–A; 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-IV–D 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 IV–B or IV–E 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 IV–D, non-IV–D, IV–B, or
IV–E 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 IV–D, IV–A, IV–B, and IV–E
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 IV–D, IV–A, IV–B, and IV–E agencies for the purpose of assisting States
to carry out their responsibilities to administer title IV–D, IV–A, IV–B, and
IV–E programs, including information to locate an individual who is a child or
a relative of a child in a IV–B or IV–E case. Information that may be disclosed
about relatives of children involved in IV–B and IV–E 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
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
“(a) General
responsibilities. A State IV-D agency must:
(1) Establish and use procedures for managing its intergovernmental IV-D
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 IV–D 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
IV–A; 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-IV–D 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 IV–B or IV–E 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 IV–D, non-IV–D, IV–B, or IV–E 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 IV–D, IV–A, IV–B, and IV–E 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 IV–D, IV–A, IV–B, and IV–E agencies for
the purpose of assisting States to carry out their responsibilities to
administer title IV–D, IV–A, IV–B, and IV–E programs, including information to
locate an individual who is a child or a relative of a child in a IV–B or IV–E
case. Information that may be disclosed about relatives of children involved in
IV–B and IV–E 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 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 IV–D case.”
All locate information is subject
to the privacy safeguards pursuant to 45 CFR 303.70(e)(3), which states:
“The IV–D 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 IV–D
agency shall maintain a State PLS to provide locate information to authorized
persons for authorized purposes.
(1) For IV–D cases and IV–D
purposes by the IV–D 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 IV–D purposes.
(2) For authorized non-IV–D
individuals and purposes— . . .
(b) Central State PLS requirement. The IV–D 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 IV–D program for IV–D services because of an assignment
of support rights or cases opened upon application for IV–D services under
§302.33 of this chapter, the IV–D 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 IV–D 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, driver’s 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 IV–D cases to the IV–D program of any other State,
in accordance with the requirements of §303.7 of this part. The IV–D 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 IV–D, IV–A, IV–B, and IV–E
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
·
The
noncustodial parent (NCP) lives or works in another state or you wish to
confirm the NCP's location in another state; or,
·
The custodial
parent (CP) had a child support case in another state prior to Utah and you
wish to obtain information about the NCP from the other 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.
Request from
Other State
Other states
may transmit locate-only requests to