45 C.F.R. § 303.3

Location of noncustodial parents in IV-D cases

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(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.

(b) 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, Supplemental Nutrition Assistance Program (SNAP) 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; electronic communications and internet service providers; utility companies; the U.S. Postal Service; financial institutions; unions; corrections institutions; fraternal organizations; 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 workforce files. Repeated attempts because of new information which may aid in location must meet the requirements of paragraph (b)(3) of this section; and

(6) Have in effect safeguards, applicable to all confidential information handled by the IV-D program, that are designed to protect the privacy rights of the parties and that comply with the requirements of sections 454(26) and 454A(d) and (f) of the Act and §§ 303.21 and 307.13.

(c) The State must establish guidelines defining diligent efforts to serve process. These guidelines must include periodically repeating service of process attempts in cases in which previous attempts to serve process have failed, but adequate identifying and other information exists to attempt service of process.

[73 FR 56443, Sept. 26, 2008, as amended at 81 FR 93563, Dec. 20, 2016]

Notes of Decisions

Cited in 10 cases, 1990–2007 · leading case: Cuvillier v. Taylor, 503 F.3d 397 (5th Cir. 2007).

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Cuvillier v. Taylor, 503 F.3d 397 (5th Cir. 2007). · cites it 3× “§§ 651 -669b, and 45 C.F.R. §§ 303.3 , 303.6, alleging specifically that: “Defendants’ deliberate and intentional decision to take no action on collection of the child support arrears which was due to plaintiffs children; and Defendants’ failure to inform plaintiff of that…”

In Re Marriage of Lappe, 680 N.E.2d 380 (Ill. 1997). · cites it 2× “By operating a program of child support enforcement services in compliance with Title IV-D, a state not only would receive federal AFDC funding, but it would also be reimbursed by the federal government for a large percentage, ranging from 66% to 90%, of the state funds it…”

Linda Clark, on Behalf of Herself & All Others Similarly Situated v. Portage Cnty., Ohio, 281 F.3d 602 (6th Cir. 2002). · cites it 2× “§ 654 and 45 C.F.R. §§ 303.3 and 303.6, create a private right of action under which an individual may seek relief.”

Mason Ex Rel. Mason v. Bradley, 789 F. Supp. 273 (N.D. Ill. 1992). · cites it 2× “45 C.F.R. § 303.3 . Current regulations require that such attempts must be made within 75 days after it is determined that such services are necessary.”

Carelli v. Howser, 733 F. Supp. 271 (S.D. Ohio 1990). “45 C.F.R. § 303.3 -.6. All of these provisions are set forth in mandatory rather than precatory terms.”

Howe v. Ellenbecker, 8 F.3d 1258 (8th Cir. 1993). “Furthermore, the regulations reiterate the statute’s plain directives, requiring that participating states mist attempt to locate absent parents, 45 C.F.R. § 303.3 (b); must periodically review and adjust child support orders, 45 C.”

Davis v. McClaran, 909 S.W.2d 412 (Tenn. 1995). “2 ; “location of absent parents,” 45 C.F.R. § 303.3 ; “establishment of support obligations,” 45 C.”

Freestone v. Cowan, 68 F.3d 1141 (9th Cir. 1995). “See 45 C.F.R. § 303.3 . These steps include examining all appropriate location sources within 75 calendar days of determining location is needed, 9 referring appropriate cases to the Title IV-D agencies of other states, and repeating location attempts quarterly or immediately…”

Davis v. Eubanks & DHS, 40 S.W.3d 24 (Tenn. Ct. App. 2000). · cites it 2× “§§ 654 (4) and 654(8) and 45 C.F.R. §§ 303.3 , 303.7, and 303.100 (count I); (2) failing to provide services to establish child support orders as required by 42 U.”

In re Marriage of Lappe (Ill. 1997). “§652(a)(1) (1994); 45 C.F.R. §§303.3 , 303.4, 303.5, 303.6 (1994).”

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