New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.7 - Location of noncustodial parents/alleged parents/intended parents and sources of income or assets

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Location
			 means obtaining information concerning the physical whereabouts of a
			 noncustodial parent, alleged parent, or intended parent, the employer(s) of the
			 noncustodial parent, alleged parent, or intended parent, or other sources of
			 income, assets, or medical support information as appropriate, which are
			 sufficient and necessary to take the next appropriate action in a
			 case.
(b) For all cases referred to
			 the child support enforcement unit or applying for child support services under
			 section
			 347.17 
			 of this Part in which the location of the noncustodial parent, alleged parent,
			 or intended parent, or the income, assets, or medical support information of
			 such person is unknown or unverified, the child support enforcement unit must:
(1) Use appropriate location sources such as
			 the Federal Parent Locator Service (PLS) and State PLS; interstate location
			 networks, local officials and employees administering public assistance,
			 general assistance, medical assistance, Supplemental Nutrition Assistance
			 Program, and social services; records of 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 licenses and vehicle registration, and criminal records;
			 relatives and friends of the noncustodial parent, alleged parent, or intended
			 parent; current or past employers; utilities, electronic communications and
			 internet service providers, and the U.S. Postal Service; financial references;
			 unions and fraternal organizations; and police, corrections, parole, and
			 probation records, if appropriate; and other sources.
(2) Establish working relationships with all
			 appropriate agencies in order to utilize location resources
			 effectively.
(3) Employ
			 methodologies that safeguard all confidential information and data pertaining
			 to the noncustodial parent, alleged parent, or intended parent obtained through
			 location sources as provided in section 111-v  of the Social Services
			 Law.
(4) Within no more than 75
			 calendar days of determining that location efforts are necessary, access all
			 appropriate location sources including transmitting appropriate cases to the
			 State and the Federal PLS where there is sufficient information to initiate
			 automated location efforts, ensure that location information is sufficient to
			 take the next appropriate action in a case, and update automated case record s
			 as appropriate. Information critical to location activities includes the name,
			 social security number, last known address(es) and employer(s) of the
			 noncustodial parent, alleged parent, and intended parent, and the date of birth
			 of their children.
(5) Refer
			 appropriate cases to the IV-D agency of any other state. The IV-D agency of the
			 other State shall follow the procedures as described in paragraphs (1), (2),
			 (3) and (4) of this subdivision; except that the responding State is not
			 required to access the Federal PLS under paragraph (4) of this
			 subdivision.
(6) Repeat location
			 attempts in cases in which previous attempts to locate the noncustodial parent,
			 alleged parent, or intended parent or sources of income and/or assets have
			 failed but adequate identifying and other information exists to warrant
			 submittal for location either immediately upon receipt of new information, or
			 quarterly, whichever occurs sooner. Repeated attempts based on new information
			 must meet the requirements of paragraph (4) of this subdivision. Quarterly
			 attempts may be limited to automated sources but must include accessing State
			 employment security files, including new hire reporting, wage reporting, and
			 unemployment insurance benefits.
(7) Make a diligent effort to serve process
			 on the noncustodial parent, alleged parent, or intended parent, in cases in
			 which previous attempts have failed but new information adequate to serve such
			 process exists. Diligent effort to serve process on a noncustodial parent,
			 alleged parent, or intended parent means an attempt to serve process as soon as
			 adequate information with respect to the location of such parent is obtained,
			 but no later than 90 calendar days after receipt of such information.