340:25-5-67.1. Family violence
(a) Oklahoma Department of Human Services (DHS) Child Support Services (CSS) establishes and maintains records regarding family violence per Sections 303.21 and 307.11 of Title 45 of the Code of Federal Regulations and Sections 653 and 654 of Title 42 of the United States Code (42 U.S.C. §§ 653 and 654).
(c) A family violence indicator is a designation placed on a participant in a Title IV-D or non-Title IV-D case by CSS indicating the risk of child abuse or domestic violence.The family violence indicator is used to restrict disclosure of the location of a participant who is reported to CSS as being at risk of family violence. • 3 & 4
(d) CSS considers as reasonable evidence of family violence and enters a family violence indicator on appropriate individuals, when: • 5
(1) a parent or custodian states that he or she or the child(ren) is at risk of emotional or physical harm from another individual in the same child support case; or
(2) DHS has knowledge of a court-ordered protective order or other information that family violence exists.
(e) CSS makes available to custodial persons (CP) and noncustodial parents (NCP) Form 03EN008E, Family Violence - Address of Record Statement, to collect address of record (AOR) information and explain how the information is used.The CP or NCP may use Form 03EN008E to:
(1) request that his or her home address or location information not be released to another parent or party in a child support case because release could result in family violence to the requesting individual or his or her children; or
(f) The presence or absence of a family violence indicator on a case does not guarantee anyone's safety.CSS is not liable for harm arising from the use or non-use of a family violence indicator.
(g) CSS may remove a family violence indicator from a case participant when CSS receives:
(1) a written request from the participant;
(2) information that the family violence indicator was entered in error; or
(3) a court order to remove the family violence indicator.
(h) Upon order of a court having the authority to make or enforce child custody or visitation determinations per 42 U.S.C. § 663, CSS may:
(1) request the federal Office of Child Support Enforcement to override a family violence indicator in a single instance; and
(2) authorize release of the person's home address or location to the court. • 6
(i) Interstate cases follow OAC 340:25-5-270.
(j) When an NCP submits an application for Title IV-D services in a case previously closed for good cause, CSS follows OAC 340:25-5-117.
INSTRUCTIONS TO STAFF 340:25-5-67.1
1. In cases where domestic violence is known or suspected, Oklahoma Department of Human Services Child Support Services (CSS) staff requests parties wait in separate rooms prior to a hearing or meeting, when possible.When appropriate, CSS staff may take other measures to promote the parties' safety.For example, CSS staff may request a law enforcement officer escort a party to his or her car after a hearing, arrange for parties to arrive at different times, or allow the victim to leave 20 minutes before the other party.
2. When a party to a case obtains a new name and Social Security number, CSS staff consults the CSS Family Violence Coordinator in the Center for Planning and Development for guidance on how to proceed.
3. When an adult case member is flagged with a Family Violence Indicator (FVI), CSS staff does not automatically flag the child(ren) on the case.
4.Upon case closure, CSS removes any existing 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.
6.CSS staff follows the:
(1) Case Management Child Support Manual, Address of Record and Family Violence Chapter on the CSS InfoNet;
(2) federal Office of Child Support Enforcement (OCSE) Action Transmittal AT-08-11, available from the OCSE website at http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-11.htm; and
(3) OCSE Dear Colleague Letter DCL-98-122, available from the OCSE website at http://www.acf.hhs.gov/programs/cse/pol/DCL/1998/dcl98122.htm.