7.1 Introduction
Federal Authority:
Social Security Act
§453 - Federal parent locator services
§453(A) - State Directory of New Hires
§458(8), (17) and (28) - State plan for child and spousal support
§463 - Use of Federal Parent Locator Service in connection with the enforcement or determination of child custody and in cases of parental kidnapping.
Code of Federal Regulations
45 CFR 302.35 - State parent locator service
45 CFR 303.3 - Location of noncustodial parents
45 CFR 303.7 - Provision of services in intergovernmental IV-D cases
State Authority:
Wyo. Stat. 20-6-104 - Child support enforcement generally
Wyo. Stat. 20-6-106 - Powers and duties of department regarding collection of support
Wyo . Stat. 20-6-108 - State parent locator services
Wyoming Child Support Enforcement Rules
Chapter 4 - General Services
Chapter 12 - State Registries
Policy Number: 7.1
Effective Date: October 1, 2010
Chapter
This chapter contains the following sections:
State Parent Locator Service (SPLS)
Expanded Federal Parent Locator Service (EFPLS)
Federal Case Registry (FCR)
Other Locate Sources
Quick Locate
Overview
The Wyoming child support enforcement program shall have a “good” address for the custodial parent and alleged father or non-custodial parent in order to:
Correspond with customers;
Provide case updates;
Send copies of documents;
Request information and/or documentation;
Conduct service of process; and
Ensure child support via paper warrant reaches the custodial parent.
Note: Service of process requires a physical address.
Appendix 7.C - FPLS and WY SPLS Timeframes provides details surrounding automated POSSE locate sources, submittal requirements and timeframes, and information provided by each source.
Federal Guidelines and Timeframes
In order to ensure the best possible service to the customers within the Wyoming CSP, the federal OCSS established certain minimum timeframes by which actions within the child support program should take place. Below are the federal guidelines and timeframes for this chapter.
Locate
Within 75 calendar days of determining that an alleged father or non-custodial parent shall be located, the Wyoming CSE Program will access all appropriate location sources, including Federal Parent Locator Service (FPLS), in order to take the next appropriate action in the case. (45 CFR 303.3(b)(3))
On a quarterly basis and if adequate identifying information is available, the Wyoming CSP will access locate sources which may be limited to automated sources but shall include Wyoming employment files to attempt to locate the alleged father or non-custodial parent’s physical address, employment, or assets. (45 CFR 303.3(b)(5))
State Parent Locator Service
45 CFR 302.35 authorizes the establishment of a State Parent Locator Service (SPLS). The Wyoming SPLS accesses appropriate locate sources in Wyoming such as:
IV-A,
Department of Motor Vehicles, and
Employment Security Commission.
In addition to the Wyoming locate sources, the SPLS also requests locate information from the FPLS for purposes of child support enforcement or authorized requests from persons in connection with a parental kidnapping or child custody/visitation case.
Intergovernmental
Central Registry – When Wyoming Receives a Request for Locate Services from Another State:
Within 10 working days of receipt of an intergovernmental IV-D case, the Wyoming Central Registry will forward the case to the appropriate agency for processing. (45 CFR 303.7(b)(2)(ii))
Initiating – When Wyoming is the Initiating State:
Within 20 calendar days of locating an alleged father or non-custodial parent in another jurisdiction and after receipt of appropriate and necessary information, the case will be referred to the responding jurisdiction. (45 CFR 303.7(c)(4))
Notify the Responding agency within 10 working days of receipt of new information on the case. (45 CFR 303.7(a)(7))
Responding – When Wyoming is the Responding State:
Wyoming will provide locate sources in accordance with Section 303.3 of the CFR within 75 days of receipt of a transmittal requesting services. (45 CFR 303.7(d)(2))
Within 10 working days of locating an alleged father or non-custodial parent in another jurisdiction within Wyoming, the District CSE Office will forward the case to the appropriate District CSE Office and update the Initiating State of its action. (45 CFR 303.7(d)(4))
Within 10 working days of locating an alleged father or non-custodial parent in another State, the District CSE Office will
return the transmittal to the Initiating State; or
if directed by the Initiating State, forward the transmittal to the central registry of the State where the alleged father or non-custodial parent is located.(45 CFR 303.7(d)(3))
When new locate information is received and Wyoming is the Responding State, Wyoming will notify the Initiating agency involved in the case within 10 working days. (45 CFR 303.7(a)(7))
Closure
If an alleged father or non-custodial parent cannot be located, the case may be closed if it meets all of the requirements outlined in the federal regulations (45 CFR 303.11). The possible case closures based upon the locate function are:
The non-custodial parent’s location is unknown and the State has made diligent efforts all of which have been unsuccessful to locate the non-custodial parent
over a 3-year period when sufficient information is available to initiate automated locate sources ((b)(4)(i)); or
over a 1-year period when there is not sufficient information to access automated locate sources ((b)(4)(ii)).
The non-custodial parent lives in another country, does not work for the United States government or a company with offices in the United States, does not have assets in the United States ((b)(6)), and Wyoming does not have reciprocity with the other country.
The services provided are “locate only” ((b)(7)).
The IV-D agency cannot contact the non-IV-A custodial parent within a 60-day period despite an attempt via first class mail ((b)(10)).
See Chapter 12 Closure for more details.
When Locate Is Necessary
Locate is necessary when
The alleged father or non-custodial parent does not have
a verified physical or residential address for service of process;
income or asset information to pursue enforcement or modification; or
a blank or incorrect social security number.
The custodial parent does not have
a verified mailing address for payments or correspondence;
a verified physical or residential address for service of process; or
income or asset information for modification.
Successful Locate
Locate is successful when a new mailing or residential address or current employment information is discovered for the alleged father or non-custodial parent. Once the address or employer is verified, POSSE is updated appropriately and the case worker may take the next appropriate action in the case.
Note: If the initial address is provided by the Internal Revenue Service (IRS), the address shall be verified by another source. See Appendix 7.C - Safeguarding Child Support Information Guidelines.
Unsuccessful Locate
Upon receipt of new information for a person “in locate”, POSSE will immediately access state and federal databases to verify an address or identify a possible address. If previous locate attempts have been unsuccessful, location attempts will be made on a quarterly basis. POSSE automatically makes these attempts.
Cross Reference
Version Number: 2
Last Revised Date: July 1, 2014
Last Reviewed: February 14, 2023