[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR303.3]

[Page 237]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 303_STANDARDS FOR PROGRAM OPERATIONS--Table of Contents
 
Sec. 303.3  Location of noncustodial parents.

    (a) Definition. Location means 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 case.
    (b) For all cases referred to the IV-D agency or applying for 
services under Sec. 302.33 of this chapter, the IV-D agency must 
attempt to locate all noncustodial parents or sources of income and/or 
assets when location is necessary to take necessary action. Under this 
standard, the IV-D agency 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 utilize locate resources effectively;
    (3) Within no more than 75 calendar days of determining that 
location is necessary, access all appropriate location sources, 
including transmitting appropriate cases to the Federal PLS, and ensure 
that location information is sufficient to take the next appropriate 
action in a case;
    (4) Refer appropriate cases to the IV-D agency of any other State, 
in accordance with the requirements of Sec. 303.7 of this part. The IV-
D agency 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 under paragraph (b)(3) of this section;
    (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; and
    (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.

[54 FR 32310, Aug. 4, 1989, as amended at 55 FR 25840, June 25, 1990; 57 
FR 28110, June 24, 1992; 57 FR 31235, July 14, 1992; 64 FR 6249, Feb. 9, 
1999]