340:25-5-123. Case closure system
(a) Oklahoma Department of Human Services (DHS) Child Support Services (CSS) closes cases eligible for closure per Section 303.11 of Title 45 of the Code of Federal Regulations (45 C.F.R. § 303.11). • 1 & 2
(b) A child support case may not be closed when there is a pending paternity, establishment, or modification action filed with the court by CSS and the non-applicant has been served, unless the pending action is withdrawn or dismissed at the discretion of the CSS state's attorney.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) through (4) 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
(2) The custodial person (CP) is participating in the DHS Child Care Subsidy Program, is not receiving Temporary Assistance for Needy Families (TANF) or non-TANF SoonerCare (Medicaid), requests closure, and (A) and (B) of this paragraph apply.
(A) There is a child support order.
(4) NCP is receiving Supplemental Security Income, has no income or assets to pay arrears, and the child support order is set at or modified to $0 per month due to the parent's disability and lack of income. • 9
(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) 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 • 10
(3) the CP:
(A) cannot be located per 45 C.F.R. § 303.11(b)(10); or
(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:
(2) resolves enforcement actions filed and CSS processes that are specific to the case being closed; • 13
(4) removes case balances; • 15 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 Department of Human Services, Child Support Services (CSS) receives a written request for case closure for good cause by a non‑applicant, district office management in consultation with the Family Violence program field representative, determine 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. (a) CSS staff manually reviews the CSS CP Day Care Closure (CSDCC) screen on the Oklahoma Support Information System (OSIS) to determine if the amount of child support income in the F95 block on the EF screen of the automated Adult and Family Services (AFS) PS2 system is equal to or greater than the child's court-ordered monthly child support amount on the Obligation Current Support Inquiry (OBCSI) screen.
(b) When the amount in the F95 block is equal to or greater than the amount on the OBCSI screen, a message, "ENTER 'X' TO CLOSE CASE," appears on the CSDCC screen allowing CSS staff to close the case when the criteria in OAC 340:25-5-123(c) are met.
(c) When the amount per child in the F95 block is less than the court-ordered amount, the message "IF FSSD HAS VERIFIED CHILD SUPPORT INCOME, ENTER 'X' TO CLOSE CASE" appears. CSS staff emails the Adult and Family Services (AFS) worker and the county director to report the discrepancy and requests verification of the monthly amount of child support income reported by the CP to the AFS worker.
(d) CSS staff documents on the Case Log Add (CSLOGA) screen when the email was sent to the AFS program worker. When the AFS program worker emails CSS staff confirming the monthly amount of child support income reported by the CP, CSS staff may close the child support case when the criteria in OAC 340:25-5-123(c) are met. CSS staff must document on CSLOGA:
(1) when the AFS worker emailed; and
(2) information provided.
8. (a) When the CP is receiving a child care subsidy, CSS closes the child support case when the CP:
(1) is not cooperating and cooperation is essential for the establishment or enforcement of a child support order; or
(2) meets the criteria in OAC 340:25-5-123(c)(2).
(b) 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 subsection.
(1) District office staff:
(A) resolves the payment on 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, and/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 the monthly child support is not set at $0 prior to closing, CSS modifies the order for current support to $0 per month so that child support does not accrue.
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.
(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 340:25-5-114Instructions to Staff (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 340:25-5-114ITS 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 liens and 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) 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 was 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) Staff removes any balances from the case after the 60-calendar day time period has elapsed.