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COMMENT DUE DATE:  

March 3, 2017

DATE: 

February 1, 2017

Tammy Hall, Child Support Services 405-522-0022

Dena Thayer, Programs Administrator 405-521-4326

Nancy Kelly, Policy Specialist 405-522-6703

RE:  

APA WF 17-05

It is very important that you provide your comments regarding the DRAFT COPY of policy by the comment due date. Comments are directed to *STO.LegalServices.Policy@okdhs.org

The proposed policy is  Permanent .  This proposal is subject to Administrative Procedures Act

It is important that you provide your comments regarding the draft copy of policy by the comment due date.Comments are directed to STO.LegalServices.Policy@okdhs.org.The proposed policy is permanent.

SUBJECT:CHAPTER 25. CHILD SUPPORT SERVICES

Subchapter 1. Scope and Applicability

OAC 340:25-1-1.1 [AMENDED]

OAC 340:25-1-2 [AMENDED]

OAC 340:25-1-3.1 [AMENDED]

Subchapter 3. Commissioned Peace Officers

OAC 340:25-3-3 [AMENDED]

Subchapter 5. Operational Policies

Part 9. Disclosure of Information

OAC 340:25-5-67.1 [AMENDED]

Part 15. Case Initiation, Case Management, and Case Closure

OAC 340:25-5-114 [AMENDED]

OAC 340:25-5-117 through 340:25-5-118 [AMENDED]

OAC 340:25-5-123 through 340:25-5-124 Instructions to Staff (ITS) Only [AMENDED]

Part 17. Past Support

OAC 340:25-5-140.2 [REVOKED]

Part 19. Locate Services

OAC 340:25-5-155 [AMENDED]

Part 20. Medical Support

OAC 340:25-5-169 [AMENDED]

PART 21. ESTABLISHMENT

OAC 340:25-5-176 ITS Only [AMENDED]

Part 22. Review and Modification

OAC 340:25-5-198.2 [AMENDED]

Part 23. Enforcement

OAC 340:25-5-200 [AMENDED]

OAC 340:25-5-200.3 [AMENDED]

OAC 340:25-5-211.1 [AMENDED]

OAC 340:25-5-213 [AMENDED]

Part 37. Recovery

OAC 340:25-5-312 [AMENDED]

Part 38. Title IV-D and Non-Title IV-D Central Case Registry Information

OAC 340:25-5-340 through 340:25-5-340.1 [AMENDED]

Part 39. Accounting and Distribution

OAC 340:25-5-350.1 [AMENDED]

OAC 340:25-5-351 [AMENDED]

(Reference WF 17-05)

SUMMARY:The proposed amendments to Chapter 25 Subchapters 1, 3, and 5 amend the rules to:(1) implement policy changes recommended during the annual Child Support Services (CSS) policy review process; (2) amend legal authority as necessary; (3) conserve CSS funding by eliminating non-essential program services and implementing a service fee when child support is distributed to the custodial person; and (4) make non-substantive housekeeping changes to improve rule clarity.

PERMANENT APPROVAL:Permanent rulemaking is requested.

LEGAL AUTHORITY:Director of Human Services, Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); Section 1738B of Title 28 of the United States Code (28 U.S.C. § 1738B); 42 U.S.C., Chapter 7, Subchapter IV, Part D; 50A U.S.C. §§ 501 through 596; Chapter III of Subtitle B of Title 45 of the Code of Federal Regulations; 3A O.S. § 724.1; 10 O.S. §§ 80, 83, 90.5, 7700-101 through 7800; 12 O.S. §§ 1170, 1171.2 through 1171.4, 2004, and 2005; 21 O.S. §§ 566, 566.1, 567, and 852; 36 O.S. § 6058A; 43 O.S. §§ 109.2 through 110, 112, 112A, 112.1A, 114 through 120, 135 through 139.1, 140, 410 through 413, 601-100 through 601-903; 47 O.S. §§ 1-153, 6-201, 6-201.1, 6-211, and 6-212; 56 O.S. §§ 166.1, 183, 230.60, and 231 through 240.24; 63 O.S. §§ 1-311, 1-311.2, 1-311.3, and 1-321; 68 O.S. § 205.2; and 70 O.S. §§ 3970.1 through 3970.12.

Rule Impact Statement

To:Programs Administrator

Office of Intergovernmental Relations and Policy

From: Jim Hutchinson, Interim Director

Child Support Services

Date:January 3, 2017

Re:CHAPTER 25. CHILD SUPPORT SERVICES

Subchapter 1. Scope and Applicability

OAC 340:25-1-1.1 [AMENDED]

OAC 340:25-1-2 [AMENDED]

OAC 340:25-1-3.1 [AMENDED]

Subchapter 3. Commissioned Peace Officers

OAC 340:25-3-3 [AMENDED]

Subchapter 5. Operational Policies

Part 9. Disclosure of Information

OAC 340:25-5-67.1 [AMENDED]

Part 15. Case Initiation, Case Management, and Case Closure

OAC 340:25-5-114 [AMENDED]

OAC 340:25-5-117 through 340:25-5-118 [AMENDED]

Part 17. Past Support

OAC 340:25-5-140.2 [REVOKED]

Part 19. Locate Services

OAC 340:25-5-155 [AMENDED]

Part 20. Medical Support

OAC 340:25-5-169 [AMENDED]

Part 22. Review and Modification

OAC 340:25-5-198.2 [AMENDED]

Part 23. Enforcement

OAC 340:25-5-200 [AMENDED]

OAC 340:25-5-200.3 [AMENDED]

OAC 340:25-5-211.1 [AMENDED]

OAC 340:25-5-213 [AMENDED]

Part 37. Recovery

OAC 340:25-5-312 [AMENDED]

Part 38. Title IV-D and Non-Title IV-D Central Case Registry Information

OAC 340:25-5-340 through 340:25-5-340.1 [AMENDED]

Part 39. Accounting and Distribution

OAC 340:25-5-350.1 [AMENDED]

OAC 340:25-5-351 [AMENDED]

(Reference WF 17-05)

Contact:Tammy Hall, Programs Manager, 405-522-0022

A.Brief description of the purpose of the proposed rule.

Purpose.

The proposed amendments to Chapter 25 Subchapters 1, 3, and 5 amend the rules to:(1) implement policy changes recommended during the annual Child Support Services (CSS) policy review process; (2) amend legal authority as necessary; (3) conserve CSS funding by eliminating non-essential program services and implementing a service fee when child support is distributed to the custodial person; and (4) make non-substantive housekeeping changes to improve rule clarity.

Strategic Plan Impact.

The proposed amendments support Oklahoma Department of Human Services (DHS) goals of helping Oklahomans lead safer, healthier, more independent and productive lives; keeping our workforce informed, supported, and engaged; meeting the needs of vulnerable Oklahomans; and cultivating a culture of continuous improvement.The proposed amendments support the CSS strategic plan by providing customers access to tools and resources to achieve and maintain healthy families, prioritizing CSS's ability to provide core services to customers, and clarifying to the public and staff how CSS provides services to customers.

Substantive changes.

Subchapter 1. Scope and Applicability

Oklahoma Administrative Code (OAC) 340:25-1-1.1 is amended to:(1) define "applicant" as an individual who requested child support services or was referred by another agency or program; and (2) clean-up general language and legal citations.

OAC 340:25-1-2 is amended to:(1) update legal authorities; and (2) clean-up general language.

OAC 340:25-1-3.1 is amended to add that CSS verifies the identity of a person before accepting a designation of authorized representative.

Subchapter 3. Commissioned Peace Officers

OAC 340:25-3-3 is amended to:(1) define when CSS may attempt service of process by regular mail; (2) add a section defining how and when CSS may attempt service of process by certified mail; (3) define and add legal authority for how CSS may attempt service by personal delivery; (4) specify that when CSS contracts with a vendor for service of process, the vendor must make diligent efforts to complete service and provide timely documentation to CSS; and (5) clean-up general language.

Subchapter 5. Operational Policies

Part 9. Disclosure of Information

OAC 340:25-5-67.1 is amended to:(1) add that when a noncustodial parent (NCP) submits an application for services in a case previously closed for good cause, CSS follows new amendments to OAC 340:25-5-117; and (2) clean-up generallanguage .

Part 15. Case Initiation, Case Management, and Case Closure

OAC 340:25-5-114 is amended to:(1) add that CSS may consider a custodial person (CP) to be in noncooperation status when he or she engages in ongoing conduct detrimental to CSS's enforcement efforts; and (2) clean-up general language.

OAC 340:25-5-117 is amended to:(1) add that CSS evaluates if good cause still exists when an NCP attempts to reopen a child support case previously closed for good cause; and (2) clean-up general language and legal citations.

OAC 340:25-5-118 is amended to: (1) remove the requirement for the child care subsidy to be closed when the customer is not cooperating with child support; (2) clarify that the noncooperation must prevent CSS from providing child support services before CSS initiates case closure; and (3) clean-up general language.

Part 17. Past Support

OAC 340:25-5-140.2 is revoked to remove policy implementing the Child Support College Savings Incentive Program.

Part 19. Locate Services

OAC 340:25-5-155 is amended to:(1) add a Section specifying how CSS maintains publicly accessible lists of Oklahoma's CSS most wanted and missing parents for help in finding obligors and how obligors may be selected for inclusion on the lists; and (2) clean-up general language and legal citations.

Part 20. Medical Support

OAC 340:25-5-169 is amended to:(1) add a legal authority Section: (2) clarify that CSS opens a full-service case on all of a CP's child support cases when CSS receives a non-Temporary Assistance for Needy Families referral from the Oklahoma Health Care Authority for that CP; and (3) clean-up general language and legal citations.

Part 22. Review and Modification

OAC 340:25-5-198.2 is amended to add CSS requests a cash medical support order be effective on the same date the modified child support amount is effective, unless the parties agree to a different date or the change in health coverage cost or availability occurs at a later date.

Part 23. Enforcement

OAC 340:25-5-200 is amended to clean up legal citation.

OAC 340:25-5-200.3 is amended to:(1) remove reference to the Child Support Services Court Liaison Program; and (2) defines CSS use of the Problem Solving Court Program to assist NCP's removal of barriers that prohibit the payment of child support.

OAC 340:25-5-211.1 is amended to replace CSS Court Liaison Program with CSS Problem Solving Court Program.

OAC 340:25-5-213 is amended to:(1) remove policy detailing the contents of an annual notice; (2) specify that the annual notice requests both temporary and permanent monthly payments on past due support; (3) specify that the temporary monthly payment becomes effective when the annual notice is issued and is included on an income withholding order (IWO); (4) specify that the permanent monthly payment becomes effective after the time period for administrative review has passed and is included on an amended IWO; (5) add that CSS sets temporary and permanent payment amounts appropriate to the obligor's circumstances; and (6) limit the temporary monthly payment amount to 25 percent of the last order addressing current child support.

Part 37. Recovery

OAC 340:25-5-312 is amended to:(1) add that, instead of recovering overpayments at the usual rate of 25 percent of the monthly current support payment, CSS may retain a different percentage when the CSS Center for Finance and Budget determines the overpayment was a result of fraud by the CP; and (2) clean-up general language and legal citations.

Part 38. Title IV-D and Non-Title IV-D Central Case Registry Information

OAC 340:25-5-340 is amended to:(1) clarify that once an address of record (AOR) is established, it remains effective until updated; (2) remove the CP's option of updating an AOR by phone; and (3) clean-up general language and legal citations.

OAC 340:25-5-340.1 is amended to:(1)clarify that when an individual's address has not been included in a document of public record, CSS may release the AOR after verifying that the sole purpose of providing the AOR is for service of process in support, visitation, or custody actions; (2) add that when an AOR was established per OAC 340:25-5-340, CSS includes the AOR in the certificate of service for all court documents; and (3) clean-up general language and legal citations.

Part 39. Accounting and Distribution

OAC 340:25-5-350.1 is amended toadd that CSS does not return over collected support amounts when the parties failed to provide CSS with verification of a change in physical custody.

OAC 340:25-5-351 is amended to:(1) add a service fee when child support is distributed to the CP; and (2) clean-up general language.

ITS ONLY

Part 15. Case Initiation, Case Management, and Case Closure

OAC 340:25-5-123 ITS are amended to instruct staff to reopen cases that have been closed by mistake for having unenforceable arrears.

OAC 340:25-5-124 ITS are amended to instruct staff that when case assignment is based on the NCP's location and the NCP is incarcerated, CSS does not transfer a case to the county of incarceration.

Part 21. Establishment

OAC 340:25-5-176 ITS are amended to add when there are multiple alleged fathers, CSS does proceed with a default order against an alleged father until all others have been excluded by genetic testing and has attempted legal process to compel for genetic testing.

     Reasons.

Chapter 25, Subchapter 1:The proposed revisions:(1) add to the Definitions Section relevant terms found in policy; (2) provide additional safeguards for when a customer designates an authorized representative; and (3) clean-up general language and legal citations.

Chapter 25, Subchapter 3:The proposed revisions:(1) clarify how CSS attempts service of process and allows CSS to use less costly methods of service as appropriate; and (2) clean-up general language and legal citation.

Chapter 25, Subchapter 5:The proposed revisions:(1) amend policy to provide improved customer service; (2) provide additional clarification regarding CSS processes to the public; (3) provide additional guidance regarding internal CSS business processes to staff; and (4) clean-up general language and legal citations.

Repercussions.

Chapter 25, Subchapter 1:The proposed revisions are designed to provide clear and concise information for customers and staff to ensure consistency in policy interpretation.

Chapter 25, Subchapter 3:The proposed revisions are designed to provide more complete information about service of process for customers and staff.

Chapter 25, Subchapter 5:The proposed rules are designed to contribute to the health, safety, and wellbeing of children entitled to support and promote healthy families by:(1) increasing program efficiency; (2) improving customer service; and (3) providing clear and accurate guidance to staff to ensure consistency in policy application.

Failure to adopt these rules could cause hardships on families by negatively impacting the services CSS provides, decreasing CSS's ability to serve customers, and result in unnecessary expenditures of public funds to provide support for children that could otherwise be provided by noncustodial parents.

Legal authority.

Director of Human Services, Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); Section 1738B of Title 28 of the United States Code (28 U.S.C. § 1738B); 42 U.S.C., Chapter 7, Subchapter IV, Part D; 50A U.S.C. §§ 501 through 596; Chapter III of Subtitle B of Title 45 of the Code of Federal Regulations; 3A O.S. § 724.1; 10 O.S. §§ 80, 83, 90.5, 7700-101 through 7800; 12 O.S. §§ 1170, 1171.2 through 1171.4, 2004, and 2005; 21 O.S. §§ 566, 566.1, 567, and 852; 36 O.S. § 6058A; 43 O.S. §§ 109.2 through 110, 112, 112A, 112.1A, 114 through 120, 135 through 139.1, 140, 410 through 413, 601-100 through 601-903; 47 O.S. §§ 1-153, 6-201, 6-201.1, 6-211, and 6-212; 56 O.S. §§ 166.1, 183, 230.60, and 231 through 240.24; 63 O.S. §§ 1-311, 1-311.2, 1-311.3, and 1-321; 68 O.S. § 205.2; and 70 O.S. §§ 3970.1 through 3970.12.

Permanent rulemaking approval is requested.

B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:The classes of persons most likely to be affected by the proposed rules are children entitled to support, NCPs who owe child support, CPs who are owed child support, CSS staff, and courts.Most affected classes of persons will bear no costs associated with implementation of the rules.Custodial persons not receiving Temporary Assistance for Needy Families (TANF) or Medicaid (SoonerCare) will be charged a service fee of three percent per Title IV-D payment, not to exceed 10 dollars per month.

C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons who will benefit are children, NCPs, CP, CSS staff, employers, courts, and taxpayers.

D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change:The proposed rules facilitate efficient use of program funds and reduce expenditures by eliminating non-essential services.Per 56 O.S. § 237, CSS is authorized to collect a fee for services and costs.OAC 340:25-5-351 is amended to add a service fee not to exceed $10.00 per month.This fee is paid by CPs not receiving TANF or Medicaid (SoonerCare) when child support is distributed.The fee generates approximately $1,371,234 revenue for DHS and affects approximately 77,965 CPs out of approximately 203,000 cases.Custodial persons who do not receive child support payments will not be affected by this service fee.

E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:The probable cost to DHS includes the cost of printing and distributing the rules and training materials estimated to be under $100 and is within the current budget and requires no additional funding.The service fee will generate approximately $1,371,234 revenue for DHS.Changes necessary in the child support computer system are sunk cost and will not require additional appropriations.These rule revisions do not increase any agency's duties or need for additional full-time employees.

F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.

G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.

H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule:These proposed rules are intended to minimize compliance costs and intrusive regulations while fully complying with state and federal mandates.There are no less costly or intrusive methods to achieve full compliance.CSS has already reduced the CSS budget by approximately 20 percent, which included consolidating offices, reducing and eliminating contracts, and reducing staff by 18 percent through voluntary buy outs and the elimination of positions.

I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk:These proposed rules are intended to comply with state and federal child support mandates, increase program effectiveness, protect CSS's ability to deliver services, and improve services delivered to families, thereby contributing to the health, safety, and wellbeing of children entitled to support.

J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:Failure to adopt these rules could cause hardships on families by negatively impacting the services CSS provides and result in unnecessary expenditures of public funds to provide support for children that could otherwise be provided by noncustodial parents.

K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared:June 1, 2016; modified July 25, 2016; October 12, 2016; modified January 3, 2017.

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