340:25-5-123. Case closure system
(b) A child support case may not be closed when there is a pending paternity, establishment, or modification action CSS filed with the court and the non-applicant has been served, unless the pending action is withdrawn or dismissed at the discretion of the CSS state's attorney. • 3
(c) A child support case may be closed when any of the criteria in (1) and (2) of this subsection applies.
(1) There is no current support order and arrears are unenforceable. Arrears are determined to be unenforceable when:
(A) there has been no collection during the past year; and
(d) A child support case may be closed when the:
(1) case was referred to CSS by an assistance program, per Oklahoma Administrative Code (OAC) 340:25-5-117 and the:
(A) referral is inappropriate to establish or enforce a child support order; and
(B) custodial person (CP) or NCP has not applied for services with CSS;
(2) CP receives non-TANF Sooner Care (Medicaid) child only benefits and the case is received from the Oklahoma Health Care Authority as a referral, but CSS learns the CP desires to decline child support services and no service of process is initiated on a legal action filed by CSS to establish or enforce the child support order, including the medical support portion; or • 11
(A) cannot be located per 45 C.F.R. § 303.11(b)(15); or
(B) fails to cooperate and an action by the CP is essential for the next step in providing child support services per 45 C.F.R. § 303.11(b)(16). • 12
(e) The case applicant requests that a child support case be closed by submitting CSS Form 03GN542E, Case Closure Application – Child Support Services. When a case closure application is received, CSS staff determines if the case meets federal case closure criteria per 45 C.F.R. § 303.11.
(f) When CSS staff closes a case, CSS:
(1) terminates the Order/Notice to Withhold Income for Child Support with the employer per OAC 340:25-5-201.1; • 13
(2) resolves enforcement actions filed and CSS processes that are specific to the case being closed; • 14
(3) reviews the Family Violence Indicator per OAC 340:25-5-67.1; • 15
(4) removes case balances; • 16 and
(5) documents the date and amounts removed on the Oklahoma Support Information System Case Log (CSLOG) screen.
(g) Per 45 C.F.R. § 302.33 when Title IV-A Temporary Assistance for Needy Families (TANF), Title IV-E foster care, and non-TANF SoonerCare (Medicaid) services are discontinued, CSS notifies the recipient that CSS maintains a full-service child support case, unless the CP declines services in writing. When the CP declines services in writing, CSS closes the case. When the CP fails to respond, CSS maintains a full-service child support case.
1. When Oklahoma Human Services, Child Support Services (CSS) receives a written request for case closure for good cause by a nonapplicant, district office management in consultation with the Family Violence program field representative, determines if good cause is met using criteria in Oklahoma Administrative Code (OAC) 340:10-10-6.
2. When the CSS managing attorney, regional administrator, or center head determines a case was closed in error, within one year of closure, CSS staff reopens the case without requiring a new application.
3. CSS staff does not close a case only because the applicant moves out-of-state.
4. When CSS staff reviews a case to determine whether the arrears are unenforceable, staff looks for any evidence for future collection. For example, CSS staff does not determine the arrears are unenforceable when the noncustodial parent (NCP):
(1) has pending insurance intercept collections;
(2) has assets or an inheritance on a pending estate subject to a child support claim;
(3) is receiving unemployment benefits; or
(4) owns assets, such as financial accounts or non-exempt real property with equity.
5. CSS staff does not proceed with closure using unenforceable arrears as the closure reason when the payment records show the NCP, once a year:
(1) receives an income tax refund intercept;
(2) works at a seasonal job; or
(3) makes any type of payment.
6. During the 60-calendar day closure notice time period, if the custodial person (CP) provides information regarding the NCP's income or attachable assets, CSS does not consider the case unenforceable and does not close.
7. When the monthly child support is not set at $0 prior to closing, CSS may modify the order for current support to $0 per month per OAC 340-25-5-178 Instruction to Staff (ITS) # 3 so that child support does not accrue.
8. When CSS receives a payment on a non-Temporary Assistance for Needy Families (TANF) SoonerCare (Medicaid) benefits only case, CSS staff processes the case as described in (1) through (3) of this ITS.
(1) District office staff:
(A) resolves the payment on Oklahoma Support Information System (OSIS) in the CSS Undistributed Payments Select Menu (UNDL) screen by using the CSS Financial Notes Add (UNDR) screen and coding the payment with a 'W' resolution indicator and a note that the payment is a non-Title IV-D pass through; and
(B) closes the case on OSIS with the closure codes 04/01.
(2) Center for Finance and Budget staff logs the payment for issuance to the CP as a non-Title IV-D pass through case, per OAC 340:25-5-350.3.
(3) District office staff reviews the child support order for a medical support provision, per OAC 340:25-5-168 and, when there is no such provision:
(A) re-opens the child support case to obtain a modification of the child support order to include a medical support provision, document medical insurance actually provided, or issue a National Medical Support Notice to an existing employer, per OAC 340:25-5-171;
(B) updates OSIS with this information; and
(C) closes the case with OSIS closure codes 04/01.
9. When paternity has:
(1) not been established, prior to closing CSS staff proceeds with paternity establishment by having the parties complete an Acknowledgement of Paternity or through a court order;
(2) been established and there is no child support order, CSS proceeds with case closure and does not establish a zero child support order; or
(3) been established and there is a support order, CSS may modify the order to zero prior to closing.
10. CSS staff follows the Child Support Training Minute: Case Initiation on Resolving Erroneous and Duplicate Referral Information from the Oklahoma Health Care Authority for the process to close the case, update the referral to the appropriate level of child support services, or to remove the referral by indicating child support services were declined. CSS staff accesses the Child Support Training Minute on the CSS InfoNet.
11. CSS staff considers the factors listed in OAC 340:25-5-114 in making a noncooperation determination. Examples of appropriate and not appropriate for noncooperation in a child only SoonerCare (Medicaid) case include, but are not limited to:
(1) appropriate: when the CP refuses to bring the child in for court-ordered genetic testing, despite multiple notices to do so. The case may be closed because genetic testing, when ordered, is an essential next step for establishing parentage, per OAC 340:25-5-114 ITS # 2 for noncooperation; or
(2) not appropriate: when the NCP requested a review of the order, but the CP fails to appear at the modification hearing after having been served with notice. The court enters an order imputing income to the CP despite the CP's failure to appear. The case may not be closed because CSS was able to proceed with the modification without the CP's appearance, per OAC 340:25-5-114 ITS # 2(c).
12. When it is determined a case qualifies for closure, CSS terminates the state's Order/Notice to Withhold Income for Child Support (IWO). At the applicant's request, CSS initiates a new IWO in the applicant's name at the same time the state's IWO is terminated.
13. (a) When CSS is no longer providing child support services staff resolves enforcement actions by:
(1) releasing levies;
(2) dismissing pending court actions, such as contempt;
(3) reinstating any revoked or suspended licenses;
(4) removing the NCP from the Most Wanted Program; and
(5) requesting the court withdraw bench warrants.
(b) CSS staff leaves in place actions that affect any case other than the case being closed.
14. Upon case closure, CSS removes the Family Violence Indicator (FVI) from the child(ren) on the case. To request FVI removal, CSS staff follows the Case Closure Application Training Minute available on the CSS InfoNet.
15. (a) When a 60 Day Closure Letter is sent, CSS finance staff:
(1) sets the child support accrual end date on the Obligation Information Per Child page of the OBLU screen in OSIS, as the last day of the month following the 60-calendar day period; or
(2) immediately ends current support when CSS receives:
(A) a court order terminating current child support;
(B) a final adoption order; or
(C) confirmation custody transferred to the NCP or a third party not receiving public assistance.
(b) CSS staff removes any balances from the case after the 60-calendar day time period has elapsed.