340:75-13-26. Child support
(a) Legal basis. Federal regulations require the Oklahoma Department of Human Services (DHS) to pursue child support payments on Title IV-E foster care cases where federal funding is involved. Section 454 of Title IV-D of the Social Security Act requires a referral to the state's child support enforcement agency for child support services. Section 1-4-702 of Title 10A of the Oklahoma Statutes (10A O.S. §1-4-702) requires the court to address paternity and child support issues for every child alleged or adjudicated deprived. • 1 Child Support Services (CSS) carries out the provisions of these regulations based on information provided by Child Welfare Services (CWS) staff. Benefits to the child include:
(1) locating an absent parent(s);
(2) establishing paternity;
(3) obtaining previously unavailable child support; and
(4) exploring, on behalf of the child, eligibility for benefits through:
(A) the Social Security Administration;
(B) Veterans Affairs; or
(C) other government programs.
(b) Use of child support monies. Support monies collected while the child is in DHS custody and out-of-home placement are used to reimburse:
(1) the federal government for Title IV-E expenditures; and
(2) DHS for monies expended to meet the child's needs.
(c) Paternity. Within six months after the deprived petition is filed, CWS staff recommend the court either:
(1) establish paternity; or
(2) defer the issue of paternity to the appropriate administrative or district court. • 4
(d) Child support orders. After paternity is established, CWS staff recommends the court address the issue of current child support. Per 10A O.S. §1-4-702, within six months after the deprived petition is filed, the court must either:
(1) address the issue of child support; or
(2) defer the issue of establishment and enforcement of child support to the appropriate administrative or district court. CSS proceeds with the establishment and enforcement of child support orders for any case deferred in this manner.
(A) Each parent must be individually ordered to pay his or her percentage of the total monthly child support obligation, including parents who reside together. • 1
(B) 43 O.S. § 118 and 119 require the court to follow child support guidelines in determining each parent's support obligation.
(C) Deviation from the child support guidelines is permitted when it is determined necessary in order for the parent to meet the obligations of an individual treatment and service plan or for other reasons the court deems appropriate. When the court deviates from the amount of support indicated by the guidelines, specific findings of fact supporting such action are required to be documented in the child support computation form.
(D) The child support order must:
(i) be filed on a standard child support order form, as prescribed by CSS;
(ii) be filed as a separate document from the individual treatment and service plan or court minute and is therefore not confidential;
(iii) direct a parent to provide for the child per 43 O.S. § 118F and Oklahoma Administrative Code 340:25-5-168:
(I) health care coverage insurance;
(II) an alternative health care coverage plan; or
(III) make application for health care coverage through a government medical assistance program, such as SoonerCare (Medicaid);
(iv) include each parent’s contribution towards actual employment or education related child care expenses per 43 O.S. § 118G and Oklahoma Administrative Code 340:25-5-178;
(v) include an immediate income assignment provision pursuant to 43 O.S. § 115;
(vi) include a reimbursement judgment for time periods when Title IV-E, non- Title IV-E eligible foster care and Temporary Assistance to Needy Families benefits have been paid and a monthly judgment payment amount per Oklahoma Administrative Code 340:25-5-179.1;
(vii) include a provision for an address of record for service of process per 43 O.S. § 112A;
(viii) include a provision for payments to be paid to the Oklahoma Centralized Support Registry per 43 O.S. § 413; and
(ix) include, as an attachment, a child support computation form signed by the judge, per 43 O.S. § 120.
(E) The duty to pay child support continues after parental rights are terminated and until the child is adopted pursuant to 10A O.S. § 1-4-906 and 10 O.S. § 7503-2.3. Parents may be obligated to pay child support arrears even after adoption.
(F) After a deprived action is dismissed, the most recent child support order entered in the deprived action must remain in full force and effect, unless the judge presiding over the deprived action orders otherwise.
(G) All child support payments must be paid, per 43 O.S. § 413, through the Oklahoma Centralized Support Registry, PO Box 268849, Oklahoma City, Oklahoma 73126-8849. • 2
(H) The child welfare specialist verifies each parent's compliance with his or her child support obligation. • 3
INSTRUCTIONS TO STAFF 340:75-13-26
1.Child support establishment.In many cases, Child Support Services (CSS) has established or recorded child support order information in the Oklahoma Support Information System (OSIS) prior to Child Welfare Services (CWS) involvement.In order to ensure the CWS and CSS case record accurately reflects all available Oklahoma Department of Human Services (DHS) records regarding the child's parent(s), including child support orders and payments, the CW specialist:
(1) views CSS Information and Referral Inquiry (CIRIA), CSS Child Support Member List inquiry for KIDS (CSMLK), and CSS Child Support Receipt Inquiry AFS PRWORA Receipt Inquiry by FGN (CFRRPA) on the OSIS screens no later than 30 calendar days after the child's removal from the home in order to determine:
(A) the absent parent(s)' name, address, and other identifying information;
(B) employer name, address, and income information;
(C) child support court order information; and
(D) whether paternity has been legally established for the child in DHS custody;
(2) when CSS has no records of a child support order:
(A) searches for a decree of divorce or dissolution of marriage or other court order of child support on the Oklahoma States Court Network (OSCN) at http://www.oscn.net/applications/oscn/start.asp?ViewType=DOCKETS;
(B) obtains a copy of the child support order; and
(C) presents the child support order to the court at the earliest hearing possible, but no later than the dispositional hearing;
(3) contacts the CSS district office no later than 30 calendar days after the child's removal from the home in order to obtain copies of any court orders regarding paternity or child support in the district office's possession for any child in DHS custody.Copies of Form 03PA209E, Acknowledgment of Paternity, may be obtained from CSS State Office;
(4) when neither CSS or OSCN has a record of a child support order for the absent parent(s):
(A) prepares a child support order and a child support computation form; or
(B) contacts the CSS district office to request assistance in preparing the order and computation form;
(5) includes the amount of the child support obligation on Form, 04KI012E, Individualized Service Plan (ISP);
(6) attaches a copy of the order and computation form, when applicable, to Form 04KI013E, Individualized Service Plan (ISP) Dispositional Report;
(7) presents the child support order and the computation form to the assistant district attorney and, when appropriate, to the court;
(8) sends a copy of the child support order and the computation form to the CSS district office in the county of jurisdiction no later than 15 business days following receipt of the order;
(9) sends a copy of Form 04KI026E, Change in Placement Notification, to the CSS office in the county of jurisdiction if the child's placement changes; and
(10) notifies the CSS district office in the county of jurisdiction when the child returns home.
2.Child support payment.In order to ensure payments are sent to the appropriate location, the CW specialist:
(1) includes the address of the Oklahoma Centralized Support Registry (OCSR) on Form 04KI012E; and
(2) instructs the parent to send the payment to OCSR only.
3.Verification of child support payment.In order to verify each parent's compliance with his or her child support obligation, the CW specialist:
(1) searches for the client's case number in the Information Management System (IMS);
(2) uses the case number found in IMS and searches CSS OSIS for child support payment information;
(3) includes child support payment information found on CSS CFRRPA OSIS screen on Form 04KI014E, Individualized Service Plan (ISP) Progress Report; and
(4) when unable to find child support payment information on CSS OSIS, contacts the CSS district office for payment history.
4.Establishing paternity.Genetic testing may be done, when paternity has not been established for a child by acknowledgment of paternity or court order or the child does not have a presumed father per Section 7700-204 of Title 10 of the Oklahoma Statutes.
(1) The CW specialist:
(A) completes Form 04MP037E, LabCorp Scheduling Request; and
(B) submits the form to the contracted vendor.
(2) The contracted vendor:
(A) schedules the appointment for the person requiring the test; and
(B) notifies the person to be tested of the appointment date, time, and place.
(3) Results of the test are sent to the CW specialist at the county address.
(4) The contracted vendor invoices the Child Welfare Services Operations and Business Processes Section for payment.