218 R.I. Code R. 218-RICR-30-00-1.12

Current through December 3, 2024

Section 218-RICR-30-00-1.12 - Access to Information

1.12.1 Non-Custodial Parent Social Security Number (R.I. Gen. Laws § 15-22-1)

The Office of Child Support Services is authorized by R.I. Gen. Laws § 15-22-1 to have access to and to request information from various individuals and entities only for the purpose of and to the extent necessary for the administration of the Child Support Enforcement Program.

1.12.2 Credit Bureau Inquiries

The Office of Child Support Services submits a monthly tape to the credit bureau for locating non-custodial parents. The credit bureau may provide information regarding the non-custodial parent residence and/or employment.

1.12.3 Division of Motor Vehicles

A. The Division of Motor Vehicles can provide a non-custodial parent's Social Security Number, last reported address, and vehicle registration information. This information can be obtained either by using the non-custodial parent's Social Security Number, or name and approximate date of birth.

B. Address information obtained from the DMV driver's license records is that which is provided by the non-custodial parent, and may not be current. Therefore, the agent will verify the information with a second (2^nd) source, such as a letter for location (Post Office), before taking the next action.

1.12.4Department of Labor and Training

A. Office of Child Support Services and the Department of Labor and Training (DLT) conduct a tape exchange once a month to match non-custodial parents' Social Security Numbers with DLT employment and wage information. An employer, under R.I. Gen. Laws § 15-24-5, who hires or rehires an employee on or after October 1, 1997, must report the hiring or rehiring to the National Directory of New Hires (NDNH) no later than fourteen (14) days after hire or rehire, or twice a month, if reporting electronically or magnetically. Once the Office of Child Support Services submits a non-custodial parent's Social Security Number on the tape, the Office of Child Support Services agent may look at the DLT files via the State's electronic eligibility system's WAGE function.

B. Information obtained from the DLT is that which is reported to the Division of Taxation by employers throughout the State.

C. Employers must report wage information by two (2) monthly transmissions, not less than twelve (12) days or more than fifteen (15) days apart.

1.12.5Requests for Information from Employers

A. The Child Support Services agent may request from any employer or any other source of income that s/he has reason to believe employs a non-custodial parent, or otherwise provides the non-custodial parent with regular periodic income, to provide information in accordance with the provisions set forth by R.I. Gen. Laws § 15-22-1.

B. If it is demonstrated that the employer conspired with the employee to avoid reporting, a five hundred dollar ($500.00) civil penalty may be assessed by the Department.

1.12.6U.S. Postal Service

The agent will send a Letter for Location (Post Office) to verify a non-custodial parent's current or forwarding address.

1.12.7Police or Criminal Records

The Child Support System electronically exchanges information with the Adult Correctional Institution (ACI) and the Bureau of Criminal Investigation (BCI).

1.12.8Office of Vital Records

The Child Support System electronically exchanges information regarding birth certificates with the Rhode Island Office of Vital Records.

1.12.9U.S. Armed Forces

A. The Child Support system electronically exchanges with the Department of Defense to locate members of the Armed Forces.

B. There is a legal procedure that must be followed to serve members of the Armed Forces and to secure a Child Support order.

1.12.10Federal Parent Locator Service ( 45 C.F.R. Part 303)

A. The Federal Parent Locator Service is provided by the Office of Child Support Services (OCSS) for the purpose of locating non-custodial parents. The Federal Parent Locator Service provides information from the following:

1. Social Security Administration (SSA);

2. Internal Revenue Service (IRS);

3. Veteran's Administration (VA);

4. Department of Defense (DOD);

5. National Personnel Records Center (NPRC);

6. Selective Service System (SSS);

7. National New Hire Database; and

8. Federal Registry.

B. Restrictions

1. Only the central State Parent Locator Service (SPLS) office, or other designated Office of Child Support Services, can accept requests to query the Federal Parent Locator Service. Requests may be received only from:

a. State or local agencies seeking to collect child and spousal support obligations under the State plan, or medical support obligations if an agreement is in effect;

b. A court that has authority to issue an order against a non-custodial parent for the support and maintenance of a child, or any agency of such court;

c. The resident parent, legal guardian, attorney, or agency of a child who is not receiving aid; or d. Authorized persons as defined in 45 C.F.R. Part 303, if an agreement is in effect to use the FPLS in connection with parental kidnapping or child custody cases.

C. Requirements

1. All requests from the FPLS will include:

a. The non-custodial parent's name;

b. The non-custodial parent's Social Security Number, if known (before submitting a request without a Social Security Number, make every reasonable effort to obtain it);

c. Information regarding whether the non-custodial parent is, or has been, a member of the Armed Services (if known);

d. Information regarding whether the non-custodial parent is, or has ever, received any Federal compensation or benefits; and e. Any other information prescribed by OCSS.

2. All requests to the Federal Parent Locator Service must be accompanied by a statement signed by the Director, which states that:

a. The request is being made solely to locate an individual for the purpose of establishing parentage, Child Support and Medical Support orders, and enforcing those orders, or parental kidnapping;

b. Any information obtained through Federal Parent Locator Service shall be treated as confidential as outlined in § 1.1 of this Part.

D. Submitting Requests The State's electronic eligibility system will automatically submit Federal Parent Locate Services (FPLS) requests every six (6) months on cases for which the non-custodial parent's Social Security Number is known and location has not been verified. To determine whether a case has been submitted to the FPLS the agent will review the case on the system. This will show the date the last query was submitted.

E. An agent may submit an FPLS request on an individual case before the end of six (6) months.

1.12.11 State Parent Locator Service

A. The Office of Child Support Services central registry acts as Rhode Island's State Parent Locator Service. The central registry will:

1. Submit location requests to other States' Parent Location Services; and

2. Provide location services for other States.

1.12.12Directories

The Child Support agent will make use of various directories such as the Verizon telephone directory.

1.12.13Friends and Relatives

Friends and relatives of the non-custodial parent may be contacted; however, the agent must be sure and not disclose information regarding the specifics of the child support case.

1.12.14Division of Taxation

The OCSS agency conducts an electronic match with the Division of Taxation to intercept State tax refunds which will provide a non-custodial parent's most recent filing address.

218 R.I. Code R. 218-RICR-30-00-1.12

Amended effective 3/29/2019
Amended effective 1/1/2021