Library: Policy

340:25-5-114. Procedures for determining and processing noncooperation

Revised 9-15-23

(a) Authority for cooperation of custodial persons (CP). The CP must cooperate with the Oklahoma Human Services (OKDHS) Child Support Services (CSS) program in establishing paternity or in establishing, modifying, or enforcing a support order per Section 654 of Title 42 of the United States Code (42 U.S.C. § 654) and Sections 264.30 and 303.11 of Title 45 of the Code of Federal Regulations (45 C.F.R. §§ 264.30 and 303.11). A CP: • 1

(1) receiving Temporary Assistance for Needy Families (TANF) must assign rights to support to OKDHS per 42 U.S.C. § 608;

(2) receiving non-TANF SoonerCare (Medicaid) benefits for minor child(ren) must assign medical support rights to the Oklahoma Health Care Authority (OHCA) per 42 C.F.R. § 433.146; or

(3) not receiving public assistance is subject to case closure

(b) Noncooperation of CP. When a CP fails to cooperate, CSS reviews the case to determine noncooperation. When CSS determines noncooperation in a TANF case, CSS notifies Adult and Family Services (AFS) staff in the appropriate OKDHS county office. AFS staff updates the computer document for noncooperation with CSS and a computer-generated notice per Oklahoma Administrative Code (OAC) 340:65-5-1 is sent advising the recipient of any decrease in benefits due to noncooperation. • 2

(1) For CSS to make a noncooperation determination the cooperation must be essential for the next step in providing child support services. • 2 & 3

(2) Noncooperation is indicated when the CP:

(A) fails to participate in a scheduled CSS conference or meeting;

(B) refuses to complete and sign documents necessary to take legal action against the noncustodial parent(s) (NCP) when requested to do so by CSS;

(D) fails to appear as a witness at an administrative, district court hearing, or other proceeding;

(E) fails to provide information or attest to lack of information under penalty of perjury;

(F) fails to forward to CSS all child support payments received from the NCPs or those received from entities other than the Centralized Support Registry;

(G) pursues private legal action affecting paternity, child support, medical support, or child care or authorizes payments made other than through the Centralized Support Registry without giving CSS notice, and fails to keep CSS informed of the case status; or • 4

(H) engages in ongoing conduct detrimental to CSS enforcement efforts. • 5

(3) OKDHS AFS staff determines in TANF cases when good cause for noncooperation with CSS exists per OAC 340:10-10-6. • 6

(c) Noncooperation of CP on non-TANF SoonerCare (Medicaid) cases. When CSS receives an OHCA referral on a non-TANF or existing case update with a pending good cause indicator, CSS centralized good cause staff determines when good cause exists for noncooperation per OAC 317:35-5-7. • 7 and 8

(d) Noncooperation in private cases. When CSS determines noncooperation in a non-TANF case, CSS closes the case per 45 C.F.R. § 303.11. • 3

(e) Services after noncooperation closure. CSS requires a new application to reopen a case closed for noncooperation. The applicant for services must agree to cooperate with CSS. • 10 and 11

INSTRUCTIONS TO STAFF 340:25-5-114

Revised 9-15-23

1. When an Oklahoma Human Services (OKDHS) Child Support Services (CSS) district office receives a non-Temporary Assistance for Needy Families (TANF) SoonerCare (Medicaid) referral or case update from the Oklahoma Health Care Authority (OHCA) with a pending good cause indicator, and the custodial person (CP) is requesting Title IV-D services, the custodian must agree to cooperate with CSS, except when the case contains good cause, per Section 654 Title 42 of the United States Code and Oklahoma Administrative Code (OAC) 317:35-5-7. CSS follows the noncooperation procedures for good cause determination, per OAC 340:25-5-114 and the Centralized Good Cause Quest article.

2. (a) OAC 340:10-10-5(a) requires applicants or recipients who are parents of the child(ren) in their custody to cooperate with OKDHS to receive services as a condition of eligibility for TANF. CPs who are parents of the child(ren) receiving TANF benefits must cooperate with CSS. Other CPs receiving TANF benefits, who are not parents of the child(ren), such as grandparents, aunts, or unrelated persons, are not subject to this requirement.

(b) 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.

(c) When the CP resumes cooperation with CSS, child support staff changes the cooperation block on the CCPU screen to 'Y'.

(d) When the application is received, CSS 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'.

(e) When the CP is noncooperative, but cooperation is not essential for the next step in providing child support services, CSS staff does not report noncooperation to Adult and Family Services (AFS) staff. For example, if the CP failed to appear at a child support hearing but the court entered a child support order, CSS staff changes the cooperation block on the CCPU screen to Y since the CP's cooperation was not essential in obtaining the child support order.

(f) When CSS receives returned mail or is aware that the CP is not at the address AFS used, CSS staff does not report the CP as noncooperative. Instead CSS staff emails the AFS worker. The AFS worker is responsible for sending Form 08AD092E, County Client Contact and Information Request, to the CP and terminating TANF benefits if the CP fails to contact the AFS worker with a current address. If the TANF case is closed, CSS staff may close the child support case, per Section 303.11(b)(10) of Title 45 of the Code of Federal Regulations (45 C.F.R. § 303.11(b)(10)).

(g) When noncooperation with CSS is determined, AFS county office staff reduces the family's cash assistance by 25 percent of the TANF payment standard, per OAC 340:10-10-5.

(h) CSS may pursue legal remedies, such as contempt citations, bench warrants, license revocations, and body attachments, to compel cooperation of CPs, related and unrelated to the child. Legal remedies, such as these are the only means available to CSS to obtain the cooperation of:

(1) unrelated CPs, as their TANF payments are not reduced; and

(2) CPs in child-only non-TANF SoonerCare (Medicaid) cases, as they are not included in the case.

3. (a) The case applicant must provide sufficient information for CSS to initiate a search for relevant case documents. CSS requests these documents, including orders and other relevant documents from the case applicant and all available sources, such as state registries and court clerks.

(b) The case applicant may be placed in noncooperation status, when:

(1) CSS attempts to obtain necessary information are unsuccessful; and

(2) the case applicant is given notice of necessary information and then fails to provide it.

(c) When the 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.

4. Retaining private counsel or other services for support collection purposes is not in and of itself justification for a noncooperation referral.

5. An example of conduct detrimental to CSS enforcement efforts is a CP who harasses a noncustodial parent's (NCP) employer, such that it jeopardizes an ongoing reliable source of support.

6. When CSS staff has reason to believe the TANF CP has good cause for noncooperation with CSS, staff refers the CP to AFS Centralized TANF Unit staff for a good cause determination, per OAC 340:10-10-6. CSS staff follows the Centralized Good Cause Quest article.

7. When a CP on an existing CSS non-TANF or Medical Enforcement Only case claims good cause for noncooperation in a district office, CSS staff follows the existing SoonerCare case process in the Centralized Good Cause Quest article.

8. The penalty for CP noncooperation with CSS when the CP is a parent receiving non-TANF Medicaid benefits is the removal of the CP's Medicaid benefits from the case. There is no penalty for noncooperation with CSS on child-only non-TANF SoonerCare (Medicaid) cases since adults are not included in the case.