VIRGINIA

LOCATING NONCUSTODIAL PARENTS THROUGH CELL PHONE RECORDS

Goal:Convince cellular telephone providers to conduct automated data matches with the Division of Child Support Enforcement (DCSE) as a tool to assist in locating addresses and cell phone numbers of noncustodial parents.

Strategic Plan: Supports Strategy 9 of the National Child Support Strategic Plan.

Description:In a coordinated effort between the Office of the Attorney General and DCSE, a project began in early 2005 to enlist the voluntary cooperation of cell phone companies in conducting data match processes between their customer records and DCSE. Although the project had support from staff at the Federal Communications Commission, and despite the backing of Federal and state law, DCSE's attempts at written and verbal communications with the companies proved fruitless.

Therefore, DCSE is issuing subpoenas to seven of the largest cell phone providers in Virginia, in an attempt to track down some of the hardest to locate offenders for nonpayment of child support. In all of these cases, other resources such as banks and employers have been exhausted. In addition, most of these parents change jobs and addresses frequently.

Results:The results to date have been positive, with an over 40 percent success rate in obtaining such information as addresses and cell phone numbers from companies. As of early August 2005, almost 1,000 subpoenas have been issued.

Cell phone companies responding to the subpoenas generally cite customer privacy concerns about data sharing with a subpoena or court order as the reason for not agreeing to data matches. A few companies also state that they do not have the automation necessary to conduct matches.

Although labor-intensive, the project will continue indefinitely until the cell phone companies recognize the mutual benefit of automated data matches. DCSE currently conducts data matches with multiple state agencies, financial institutions and utility companies to locate noncustodial parents. Voluntary data matches are more efficient and less time-consuming than preparing and answering individual subpoenas.

Location: DCSE district offices statewide.

Funding:Regular IV-D funds are used.

Replication Advice:The project lends itself to adaptation by other states.

Contact:

Cindy Coiner

Policy Specialist

Phone: (804) 726-7433

Email: cindy.coiner@dss.virginia.gov