VIRGINIA

CELL PHONE SUBPOENA PROGRAM

Goal: Virginia's Cell Phone Subpoena Program was created to provide another effective locate tool to track down some of the hardest to locate offenders for nonpayment of child support.

Description: In a coordinated effort between the Office of the Attorney General and the Division of Child Support Enforcement (DCSE), the project initially attempted to obtain 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 cellular companies proved fruitless. When DCSE's attempts at written and verbal communication were unproductive, DCSE began issuing administrative subpoenas to seven of the largest cell phone providers in Virginia. In the spirit of cooperation, two companies agreed to conduct data matches without mandatory State legislation, and quarterly matches are now ongoing.

Results:

• As of April 2007, 4,730 manual subpoenas have been generated to 840 noncustodial parents
• Locate information is returned to DCSE for 40-50 percent of the submitted names
• More than 375 delinquent parents have been located as a result of the subpoenas and are now paying child support
• A recent match with a cell phone company yielded information associated with 17,233 noncustodial parents, including a total of 30,714 reported cell phone numbers
• One parent who owed more than $62,000 successfully eluded service of an arrest warrant, but was apprehended by a local sheriff at an address provided by the cellular records. During a subsequent court hearing, the delinquent parent was sentenced to 12 months in jail. After serving 34 days, he was placed on work release. DCSE issued an income withholding order, which will result in annual child support payments of approximately $10,400 for the noncustodial parent's two children who had not received a payment since 2000.
• The program is evolving from a manual process to an automated match process. The matches have proved to be mutually beneficial, providing a much more effective and less time-consuming process than preparing and answering individual subpoenas. DCSE will continue to pursue automated matches with the additional companies.

Location: The practice is centralized although the program has not been fully implemented. Virginia plans to begin negotiations with two more cell phone companies to conduct data matches. Virginia understands that several other States (Delaware, California, Iowa, and Wisconsin) are sending subpoenas and/or beginning to conduct data matches.

Funding: Regular IV-D funds were used.

Replication Advice:

• Some States have passed cell phone data matching legislation in order to streamline compliance with cell phone companies.
• The major cell phone companies are inundated with requests from most States to initiate data matching processes; therefore, States should expect delays.
• Some cell phone companies have unique record layout specifications and may require States to modify their statewide system to accommodate their requirements.
• Virginia DCSE is taking a major role in forming a National workgroup designated by the Federal Office of Child Support Enforcement. The workgroup will explore the possibility of developing a standardized automated approach in working with cell phone companies. The workgroup is comprised of nine States, along with OCSE regional and central office staff.

Contact:

Nathaniel L. Young,

Deputy Commissioner and Director, Child Support Enforcement

Phone: 804-726-7476

Email: nick.young@dss.virginia.gov