340:10-10-5. Requirement for assignment of support rights and cooperation
(a) As a condition of eligibility, when the reason for deprivation is absence, each applicant or recipient of Temporary Assistance for Needy Families (TANF) must assign to the Oklahoma Department of Human Services (OKDHS) any support rights, including cash medical, that is pending or continuing for any family member included in the assistance unit. This assignment excludes amounts ordered for past due or judgment amounts for persons who have never received TANF prior to this application. For persons who have previously received TANF, the assignment includes past due or judgment amounts previously assigned to OKDHS for the period of time the applicant received TANF. Failure to assign support rights makes the assistance unit ineligible for TANF.
(b) As a condition of eligibility for TANF, each applicant or recipient must cooperate with OKDHS in obtaining support for each child of the individual. Failure of the applicant or recipient to cooperate without good cause may be indicated either during the intake interview or at any time further action by the recipient is necessary. • 1
(c) If the applicant or recipient refuses to cooperate with OKDHS without good cause, the cash assistance must be reduced by 25% of the TANF payment standard the next effective date. • 2
(d) The Oklahoma Child Support Services (OCSS) district office makes the determination that an individual is not cooperating in establishing paternity or in establishing, modifying, or enforcing a support order as required by Section 454(29) of the Social Security Act. • 3 Non-cooperation is indicated by:
- (1) failure to appear at a OCSS district office to provide information or evidence relevant to the case;
- (2) refusal to complete and sign documents necessary to take legal action against the absent parent(s) when requested to do so by the OCSS district office;
- (3) failure to comply with an order for genetic testing for the individual and the appropriate child to determine paternity;
- (4) failure to appear as a witness at an administrative or district court hearing or other proceeding when cooperation is essential for the next step in providing child support services;
- (5) failure to provide information, or attest to lack of information, under penalty of perjury;
- (6) failure to forward to OCSS all child support payments received from the absent parent(s) after receiving the initial TANF benefit;
- (7) refusal to make a repayment agreement or to comply with a repayment plan when child support payments are retained; and
- (8) failure to notify OCSS of the pursuit of private legal action affecting the status or amount of a support obligation.
(e) When OCSS determines the individual is cooperating, the worker is notified and the 25% penalty is removed the next effective date. • 4
2.(a) Child Support Services (CSS) makes the determination of non-cooperation and whether to apply the 25% penalty, not the worker.
(1) When CSS staff makes the determination of non-cooperation, CSS staff updates the child support computer system to show an "O' in the "cooperation" field, the reason code in the "reason code" field, and the date non-cooperation is determined in the "non-cooperation date" field.The worker views cooperation status by entering CCPI space and the client's family group number (FGN).
(2) When the CCPI screen shows non-cooperation, the system:
(A) automatically applies the 25% penalty;
(B) removes the adult's needs from the medical benefit unless per OAC 317:35-5-7 the applicant or recipient is less than 19 years of age;
(C) closes child care subsidy benefits when approved; and
(D) sends a notice to the client.
(b) The 25% penalty only applies when the applicant or recipient is the natural or adoptive parent of the child(ren).
(c) Per OAC 317:35-5-7, the mother remains eligible for medical benefits if she is pregnant.When the automatic process removes a pregnant mother from medical benefits, the worker must add the mother back to the medical benefits.
(d) When the parent and the child(ren)'s needs are not included in the same case, the 25% penalty applies to the individuals included in the TANF benefit:This means when:
(1) the child(ren) receive a State Supplemental Payment (SSP) or Supplemental Security Income (SSI), the 25% penalty applies to the adult only TANF benefit; and
(2) the adult receives SSP and/or SSI, the 25% penalty applies to the oldest child's TANF benefit.
4.(a) CSS makes the determination of cooperation and whether to apply the 25% penalty, not the worker.
(1) When CSS staff determine cooperation, he or she updates the client's CCPI screen to show cooperation by entering a "Y" in the "cooperation" field and the date cooperation is determined in the "non-cooperation date" field.
(2) When the CCPI screen shows cooperation, the system:
(A) automatically removes the 25% penalty;
(B) recalculates the TANF benefts;
(C) adds the adult's needs to the medical benefit; and
(D) sends a notice to the client.
(3) The worker must re-evaluate child care eligibility and re-open the child care authorization when applicable.
(b) Per OAC 340:10-3-57(g) Instructions to staff # 17, the worker issues a supplement for the next month when compliance occurs after deadline.