Noncustodial Parent (NCP) Locate

DCSS-POL-02-5 v.2

 

  1. OVERVIEW
  1. The purpose of this policy is to provide staff and members of the public a working knowledge of required locate actions when the noncustodial parent's (NCP) location is unknown.
  1. APPLICABILITY
  1. This policy applies to all Arizona IV-D program staff performing title IV-D services.
  1. POLICY
  1. The Division of Child Support Services (DCSS) shall obtain information to locate a person who owes a child support obligation in a Title IV-D child support case.
  1. CRITERIA
  1. When it is necessary to locate an absent NCP in an open Title IV-D case, the DCSS shall make locate attempts in order to:
  1. Establish paternity
  2. Establish a child support order
  3. Enforce a child support order
  4. Modify a support order
  • Note: NCP locate efforts shall be defined as obtaining the physical and mailing address, employer, sources of income, and assets, including their Social Security Number (SSN).
    1. If it is determined that the location of an NCP is necessary, or upon receipt of new information, the DCSS shall obtain locate information within 75 days from all available resources provided in the Acceptable Locate Resource Policy.
    2. If the case is in the paternity function, the DCSS shall not seek or obtain the NCP’s income or other income related benefits such as health insurance or other assets.
    1. Should attempts to locate the NCP fail, but adequate identifying information exists to meet requirements for submission for locate, the DCSS shall repeat locate attempts quarterly or immediately following the receipt of new locate information, whichever occurs first.
    1. Quarterly attempts may be limited to automated sources, but must include accessing the State New Hire Reporting files.
    2. Repeat locate attempts due to new information must meet the requirements under Section Iv. B.
    1. The DCSS shall submit a Verification of Employment (VOE) through The Work Number (TWN) when the employer is listed with TWN. If the employer does not contract with TWN for VOEs, the VOE may be sent directly to an employer, but no more than once to the same employer in a three-month period.
    2. The DCSS may request an NCP’s Consumer Credit Report for VOE to establish, modify, and enforce support orders when the case is not in the paternity function.
    3. The DCSS shall refer appropriate IV-D cases to other state IV-D programs according to the Uniform Interstate Family Support Act (UIFSA) when available indicate the NCP may be located in another state.
    4. The DCSS shall utilize safeguards applicable to all confidential information to ensure privacy rights of parties are protected.
    5. The DCSS shall establish guidelines defining diligent efforts for service of process and include periodically repeating attempts in cases where previous attempts fail, but adequate identifying information exists.
    6. The DCSS shall consider due process requirements met for notice and service of process when diligent efforts to locate the NCP are documented.
    7. The DCSS may close the case when the NCP’s location remains unknown after diligent efforts using available locate resources. See Closure Policy.
    1. PROCEDURE
    1. This policy is supported by staff procedures, which identify how action related to this policy will be conducted, including responsibilities, time frames, and required actions.
    1. AUTHORITY
    Federal Authority

    15 U.S.C. § 1681b(a)(4)

    Permissible purposes of consumer reports
    42 U.S.C. § 652(a)(1) Duties of the Secretary
    45 C.F.R. § 303.3 Location of noncustodial parents in IV-D cases.

    45 C.F.R. § 303.11(b)(7)

    Case closure criteria.

    45 C.F.R. § 303.20(c)(3)

    Minimum organizational and staffing requirements.
    45 C.F.R. § 303.21 Safeguarding and disclosure of confidential information.
    O.C.S.E. DCL-16-01 Guidance about Third-Party Verification of Employment Providers
    State Authority

    A.R.S. § 25-513

    Employer cooperation; violation; classification

    A.R.S. § 25-1247(B)(3)

    Duties of support enforcement agency
    A.R.S. § 41-1954(I)(J)(K)(L) Powers and duties
    A.R.S. § 46-291(D)(E)(F) Administration and notice; expenditure limitation; locating deserting parents and assets; violation; classification

    A.R.S. § 46-443

    Child support case registry; location information; presumptions concerning notice

    Return to beginning of the NCP Locate Policy

    Policy Revision Date: 2/9/2023
    Policy Review Date: 12/28/2022

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