340:25-5-118. Noncooperation on non-TANF and child care subsidy cases
(a) The Oklahoma Child Support Services (CSS) determines noncooperation in a non-TANF case on the same basis as a Temporary Assistance for Needy Families (TANF) case.Oklahoma Administrative Code (OAC) 340:25-5-114 describes indications of noncooperation.When CSS determines noncooperation, CSS closes the case under Section 303.11of Title 45 of the Code of Federal Regulations. • 1
(b) CSS requires a new application to reopen a case closed because of noncooperation.The applicant for services must agree to cooperate with CSS. • 2
(c) OAC 340:40-7-9 describes the requirement to pursue child support with CSS, as a condition of eligibility, for custodial persons participating in the Oklahoma Department of Human Services (DHS) child care subsidy program.When the noncooperation prevents CSS from providing child support services,CSS initiates case closure action under Section 303.11 of Title 45 of the Code of Federal Regulations. • 3 through 5
1.Failure to provide an order.When the custodial person (CP) does not provide a copy of a child support or other order, it does not automatically constitute noncooperation.Child Support Services (CSS) staff attempts to obtain the order, per Oklahoma Administrative Code (OAC) 340:25-5-114 Instructions to Staff.
2.Noncooperation determination in non-Temporary Assistance for Needy Families (TANF) cases.CSS staff considers the factors listed in OAC 340:25-5-114 in making a noncooperation determination in non-TANF cases.The district child support office staff must document in the case record the circumstances of the noncooperation and what action the CP failed to take that was essential for proceeding to the next step in providing child support services.
(1) When CSS staff determines the CP is not cooperating with CSS, staff updates the cooperation block on the Custodial Person Data Update (CCPU) screen of the Oklahoma Support Information System (OSIS) to 'O'.When a case closes for noncooperation, CSS staff leaves the 'O' code on the CCPU.
(2) When the CP resumes cooperation with CSS, child support staff changes the cooperation block on the CCPU screen to 'Y'.
4. Child Care Subsidy benefits.
(1) When CSS updates the CCPU screen with noncooperation and the CP is receiving child care subsidy, the benefits remain active until the annual renewal per OAC 340:40-7-9.CSS staff does not notify Adult and Family Services of the noncooperation.
(2) When CSS determines cooperation is essential in establishing or enforcing child support, CSS proceeds with case closure per OAC 340:25-5-123.At the annual renewal of the child care subsidy, the CP is required to submit Form 03EN001E, Application for Child Support Services, and correct the action that led to the noncooperation.When the application is received, CSS staff reopens the case, leaving the 'O' in the noncooperation block on CCPU.When CSS district office staff determines the CP resumed cooperation, CSS district office staff changes the block on the CCPU screen to 'Y'.