§ 113100. Local Child Support Agency Responsibilities.
22 CA ADC § 113100Barclays Official California Code of RegulationsEffective: July 1, 2024
Effective: July 1, 2024
22 CCR § 113100
§ 113100. Local Child Support Agency Responsibilities.
(2) When new information has not been received, repeat location attempts quarterly. Quarterly locate attempts may be limited to accessing automated locate sources when the noncustodial parent's name, date of birth, or social security number are known. Referral to an automated locate source shall include accessing both of the following locate sources:
(f) If a local child support agency determines that a specific source of locate information is needed in a case, such as when only the noncustodial parent's earnings or assets need to be located, the local child support agency may refer those cases only to locate sources which provide that type of information.
(g) A local child support agency shall use the quick locate method for locating or confirming the location of a noncustodial parent in another state by completing the federal form “Child Support Enforcement Transmittal #3 -- Request for Assistance/Discovery, OMB No. 0970-0085,” or the “Application for Non-Title IV-D Locate Services”, DCSS 0073 (08/20/2023), which is incorporated by reference, and submitting it manually or electronically to the California Parent Locator Service for referral to the parent locator service in the state(s) in which the noncustodial parent is believed to be located.
(h) Within 5 business days of determining that contact with a custodial party has been lost and that custodial party must be located because the local child support agency has a child support collection to distribute to that custodial party, the local child support agency shall attempt to locate that custodial party for 6 months using the locate resources specified in subsection (a)(1).
(1) Contact with a custodial party shall be determined lost when all attempts by a local child support agency to telephone and correspond with a custodial party utilizing all known telephone numbers and addresses, including e-mail have failed. In addition to the locate resources specified in subsection (a)(1), the local child support agency shall attempt to locate the custodial party by contacting employers, relatives, and friends of the custodial party, if known.
(2) When a custodial party cannot be contacted after 6 months of locate attempts, a local child support agency shall return the undeliverable payment(s) to the noncustodial parent with written notification advising the noncustodial parent that the return of the support does not relieve the noncustodial parent of the support order, and the noncustodial parent should consider placing the funds aside for purposes of child support in case the custodial party appears and seeks collection of the undistributed payments.
Credits
Note: Authority cited: Sections 17306, 17310 and 17312, Family Code. Reference: Sections 17212, 17502, 17505, 17506, 17508, 17512 and 17514, Family Code; Section 11478.1, Welfare and Institutions Code; and 45 Code of Federal Regulations, Sections 302.35, 303.3, 303.7, 303.15, 303.69 and 303.70.
History
1. New chapter 3 (articles 1-2), article 1 (section 113100) and section filed 9-4-2001 as an emergency pursuant to Family Code section 17306; operative 9-4-2001 (Register 2001, No. 36). A Certificate of Compliance must be transmitted to OAL by 3-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New chapter 3 (articles 1-2), article 1 (section 113100) and section refiled 2-11-2002 as an emergency pursuant to Family Code section 17306; operative 3-6-2002 (Register 2002, No. 7). A Certificate of Compliance must be transmitted to OAL by 9-3-2002 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of History 2 (Register 2002, No. 27).
4. Certificate of Compliance as to 2-11-2002 order, including amendment of section and Note, transmitted to OAL 9-3-2002 and filed 9-30-2002 (Register 2002, No. 40).
5. Amendment of subsections (a)(1)(E), (b)(2), (g), (g)(1)(B) and (h)(1) filed 3-11-2024; operative 7-1-2024 (Register 2024, No. 11).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 22, § 113100, 22 CA ADC § 113100
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