340:25-5-286. Tribal case referrals and transfers
(a) Legal basis. When referring to or processing cases from a comprehensive tribal Title IV-D agency (tribal program), Oklahoma Department of Human Services Child Support Services (CSS) is governed by:
(1) Section 1738B of Title 28 of the United State Code (28 U.S.C. § 1738B) • 1 and 42 U.S.C. §§ 654, 659A, and 666;
(2) Part 302.36 of Title 45 of the Code of Federal Regulations (45 C.F.R. § 302.36) and 45 C.F.R. § 303.7;
(3) the Uniform Interstate Family Support Act per Sections 601-100 through 601-903 of Title 43 of the Oklahoma Statutes (43 O.S. §§ 601-100 through 601-903); and
(4) 56 O.S. § 240.9.
(b) Scope. Tribal programs provide child support services under applicable federal law and are governed by relevant tribal law as to their administrative processes and the jurisdiction of the tribal courts.
(1) Outgoing referrals. CSS may initiate an outgoing intergovernmental referral to a tribal program when CSS determines the noncustodial parent is within the tribal program's jurisdiction and it is not appropriate for CSS to use its one-state remedies to establish paternity or establish, modify, or enforce a support order in accordance with 45 C.F.R. 303.7 (c)(3 & 4). • 5 through 7 A separate case is maintained by CSS when an outgoing intergovernmental referral is sent to a tribal program.
(2) Incoming referrals. CSS accepts a referral from a tribal program in accordance with 45 C.F.R. § 303.7.
(d) Program of choice and case transfer. When an applicant on an existing CSS case completes a tribal program application that includes a request that CSS close its case, CSS may accept that as a request for transfer of its case to the tribal program and for closure of the CSS case. CSS refers the case for limited services and does not close its case, when:
(1) state services are being provided or if there is unpaid assigned support; • 5
(2) there is an active deprived or delinquent state juvenile court case; • 6 or
(3) there is a pending paternity, establishment, or modification action filed with the court by CSS and the non-applicant was served, unless the pending action is withdrawn or dismissed. • 7
INSTRUCTIONS TO STAFF
1. The Full Faith and Credit for Child Support Orders Act (FFCCSOA) is located in Section 1738B of Title 28 of the United States Code. FFCCSOA requires courts of all United States territories, states, and tribes to accord full faith and credit to a child support order issued by another state or tribe that properly exercised jurisdiction over the parties and the subject matter. As described in the federal Office of Child Support Enforcement (OCSE) Action Transmittal AT‑02-03, this includes registering, for enforcement or modification purposes, state child support orders in tribal courts or Courts of Indian Offenses. AT‑02‑03 is available from the OCSE website at http://www.acf.hhs.gov/programs/cse/pol/AT/2002/at-02-03.htm.
2. Oklahoma Human Services (OKDHS) Child Support Services (CSS) uses the terms case referral, case transfer, and case closure as described in OCSE Policy Interpretation Question Tribal (PIQT)-05-01 and PIQT-05-02. CSS staff never send the physical case file to any other Title IV-D program, including a tribal program. CSS staff send copies of requested documents.
3. CSS may send a limited services request to a comprehensive tribal tribal program for:
(1) assistance to obtain service of process for a person who resides on tribal land;
(2) issuance of an Income Withholding Order for a noncustodial parent (NCP) who is employed with the tribe; or
(3) other extenuating case circumstances. Staff contacts CSS Center for Coordinated Programs tribal liaison to determine what services the tribal program can provide before sending a limited services request.
4. When a CSS case qualifies to be referred to a tribal program, CSS staff contacts the Center for Coordinated Programs tribal liaison to determine if the tribal program will accept the case. When the tribal program accepts the intergovernmental referral, the CSS tribal liaison updates the Oklahoma Information Support System (OSIS) with the 'TIG' office code and completes the referral.
5. Unless otherwise provided by state law or the Code of Federal Regulations, CSS may not close a case when TANF is being provided.
6. CSS retains a CSS child support case when there is a deprived or delinquent state juvenile court action and OKDHS is expending Title IV-E or non-Title IV-E funds, even when the child is placed in the custody of a tribal member. CSS may coordinate with an Oklahoma tribal program when CSS determines the NCP is within a tribal program's jurisdiction and it is not appropriate for CSS to use its one-state remedies to establish paternity and establish, modify, or enforce a support order.