Library: Policy

340:25-5-117. Initiation of Title IV-D cases

Revised 9-15-2021

(a) Title IV-A, Title IV-E foster care, and non-Temporary Assistance for Needy Families (TANF) SoonerCare (Medicaid).

(1) Oklahoma Human Services Child Support Services (CSS) automatically initiates child support cases without additional application for certified Title IV-A, Title IV-E foster care, and TANF SoonerCare (Medicaid). • 1 through 4

(2) A referral from the assistance programs listed in (1) of this subsection, means receipt of data that includes verified information with no errors or duplications, sufficient and appropriate for CSS to initiate a child support case.

(3) When either the custodial person (CP) or non-custodial parent (NCP) applies for non-TANF SoonerCare (Medicaid) for themselves and their child(ren), he or she must assign medical support rights to the state, per Section 1396k of Title 42 of the United States Code (42 U.S.C. § 1396k). • 3 & 5

(A) These CPs must cooperate in establishing paternity and obtaining medical support unless an exception exists, per 42 U.S.C. §§ 1396a(l)(1)(A), 1396k, or 1396r-6. • 6

(B) CSS must open a Title IV-D medical enforcement only case, per Oklahoma Administrative Code (OAC) 340:25-5-169. CSS may open a full-service case to provide all appropriate Title IV-D services, per OAC 340:25-1-1.2, at the CP's request. • 3 & 7

(4) When CSS receives a non-TANF SoonerCare (Medicaid) referral from the Oklahoma Health Care Authority (OHCA) in which the CP has assigned court-ordered child support or cash medical support, CSS determines when it is appropriate to open a full-service case, per OAC 340:25-5-169. • 8

(5) CPs who apply for non-TANF SoonerCare (Medicaid) on behalf of their child(ren) only are not required to cooperate in establishing paternity and obtaining medical support. Therefore, except when (4) of this subsection applies, CSS does not provide child support services unless the CP made a request for a full-service case or the case is for medical enforcement only. • 7

(b) Termination of Title IV-A, Title IV-E foster care, and non-TANF SoonerCare (Medicaid) benefits. When a family is no longer eligible for assistance under Titles IV-A, Title IV-E foster care, or non-TANF SoonerCare (Medicaid) programs, all appropriate Title IV-D services continue without application, per Section 302.33 of Title 45 of the Code of Federal Regulations. Non-TANF SoonerCare (Medicaid) cases previously limited to medical support continue as full-service cases. When a CP refuses continued Title IV-D services and subsequently requests services, the CP must submit a completed and signed Form 03EN001E, Application for Child Support Services, even when CSS has an active case because of unreimbursed assistance owed to the state.

(1) by any state or tribal Title IV-D agency and from other countries when the NCP resides in Oklahoma. CSS does not require an application for cases referred from another Title IV-D agency;

(2) by interstate referrals for judgment only collections when the case was opened in the initiating state during the minority of any child on the case; or

(3) when Oklahoma is an appropriate jurisdiction to establish, enforce, modify, or determine the controlling order, per the Uniform Interstate Family Support Act in Sections 601-101 through 601-903 of Title 43 of the Oklahoma Statutes, whether or not the NCP resides in Oklahoma.

(d) Responses from NCPs who sign an acknowledgment of paternity form. CSS opens full-service cases for NCPs who filed Form 03PA209E, Acknowledgment of Paternity, with the Oklahoma State Department of Health, Division of Vital Records and requested child support services by completing and signing Form 03EN001E, Application for Child Support Services.

(e) Other Title IV-D cases. Except as provided in (a), (c), and (d) of this Section, an applicant must submit a completed and signed Form 03EN001E to receive all appropriate child support services or locate only services. • 9

(f) Building case balances.

(1) CSS builds case balances on new and reopened cases, per OAC 340:25-5-140.

(2) When CSS opens a case and has information the NCP made payments in excess of the court-ordered child support order, CSS only collects the excess payment when a court has determined the amount of the excess payment and ordered that it be satisfied by offset against the monthly current child support obligation. • 10

(g) Good cause. When the NCP submits an application for child support services in a case previously closed for good cause for noncooperation, CSS:

(1) opens the case when good cause no longer exists;

(2) opens the case when family violence may still exist and the CP gives permission; or

(3) declines to reopen when good cause still exists.

(h) CSS does not open a case when the case was previously closed and the circumstances that led to the closure have not changed. • 11

INSTRUCTIONS TO STAFF 340:25-5-117

Revised 9-15-2021

1. When a Temporary Assistance for Needy Families (TANF) case was closed for noncooperation, per Oklahoma Administrative Code (OAC) 340:25-5-114, and a new referral or application is received, Oklahoma Human Services Child Support Services (CSS) staff opens the case without updating the cooperation status. CSS district office staff reviews the cooperation status and determines how to proceed.

2. When a custodial person (CP) does not provide a copy of a child support or other order, it does not automatically constitute noncooperation. CSS staff attempts to obtain the order, per OAC 340:25-5-114 Instructions to Staff.

3. When CSS receives a referral where the applicant for benefits is not the biological parent (BP) of the child(ren) on the case, but the BP is listed as a member of the household on the benefits case, CSS staff builds the child support case with the BP as the CP. When there is an order in place naming the applicant non-BP as the legal custodian of the child(ren), CSS staff builds the case with the applicant listed as the CP.

4. (a) When a child has multiple, alleged biological fathers and no acknowledged, presumed, or adjudicated fathers, CSS staff opens cases on all alleged biological fathers. CSS staff:

(1) determines which case to pursue first, per OAC 340:25-5-176, and updates the Paternity Pended Obligation (EPOC) screen with that alleged, biological father;

(2) updates all other cases as secondary alleged biological fathers on the EPOC screen; and

(3) updates the OSIS Case Log in each case to reflect multiple alleged biological fathers and the legal determination made to proceed against one of the alleged fathers.

(b) Secondary alleged biological father cases listed on the EPOC screen are exempt from audit timeframes.

(c) When a case against an alleged biological father is eligible for closure, per Section 303.11 of Title 45 of the Code of Federal Regulations, the case against that alleged biological father is closed.

5. CSS staff is not authorized to select and update Oklahoma Health Care Authority (OHCA) Agency View with the primary care provider, unless the SoonerCare (Medicaid) client advised CSS what provider to add.

6. The exceptions to the cooperation requirement include:

(1) SoonerCare (Medicaid)-eligible women during pregnancy and postpartum periods;

(2) persons receiving continued medical benefits; and

(3) persons with good cause.

7. (a) When initiating child support cases on non-TANF SoonerCare (Medicaid) referrals, CSS staff follows the:

(1) Case Initiation Consistent Excellence documents; and

(2) federal Office of Child Support Enforcement (OCSE) Dear Colleague Letter DCL‑00-122, Health Care Financing Administration Letter to State Medicaid Directors, available from the OCSE website, https://www.acf.hhs.gov/sites/default/files/documents/ocse/dcl_00_122a.htm.

(b) CSS staff follows the Child Support Training Minute: Case Initiation on Resolving Erroneous and Duplicate Referral Information from OHCA, 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 Education page.

8. When CSS receives a (SoonerCare) Medicaid referral and the applicant is the noncustodial parent of the child(ren), CSS does not open a child support case.

9. CSS accepts an application when an applicant who claims to be a non-BP of a child born during a same-sex relationship requests assistance to adjudicate the parentage of the child.

10. CSS does not build the excess payment as part of the case balance. When a court ordered the excess payment to be satisfied by offset against monthly current child support, CSS gives credit each month against the monthly child support obligation until the excess payment is satisfied in full. For example, when the monthly child support obligation is $1,000 and the noncustodial parent paid $600 in excess of the child support order prior to CSS opening the case, CSS staff builds the $1,000 obligation on OSIS and reduces the monthly child support obligation by $200 per month, each month until the $600 is paid in full.

11. When determining to reopen a previously closed case, CSS follows the federal Office of Child Support Enforcement (OCSE) Policy Interpretation Question (PIQ) 05-02 Case Initiation of Previously Closed IV-
D Cases available from the OCSE website, https://www.acf.hhs.gov/css/resource/master-contracts-for-state-it-products-or-services.