COMMENT DUE DATE:
February 15, 2018
DATE:
January 16, 2018
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 18-25
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.
A public hearing is scheduled for 10:00 a.m. on February 21, 2018, at DHS, Sequoyah Memorial Office Building, 2400 N. Lincoln Boulevard, Oklahoma City, Oklahoma 73105, Room C-48.Anyone who wants to speak must sign in at the door by 10:05 a.m.
SUBJECT:
Chapter 25. Child Support Services
Subchapter 1. Scope and Applicability
340:25-1-1.1 [AMENDED]
Subchapter 5. Operational Policies
Part 15. Case Initiation, Case Management, and Case Closure
340:25-5-117 [AMENDED]
340:25-5-123 [AMENDED]
340:25-5-134 [NEW]
Part 21. Establishment
340:25-5-176 through 340:25-5-176.1 [AMENDED]
340:25-5-178 [AMENDED]
Part 22. Review and Modification
340:25-5-198.1 through 340:25-5-198.2 [AMENDED]
Part 23. Enforcement
340:25-5-200 [AMENDED]
340:25-5-212 [AMENDED]
Part 38. Title IV-D and Non-Title IV-D Central Case Registry Information
340:25-5-340 [AMENDED]
Part 39. Accounting and Distribution
340:25-5-350.3 [AMENDED]
(Reference WF 18-09)
SUMMARY:
The proposed amendments to Chapter 25, Subchapters 1 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) make changes to meet compliance with federal rule changes issued December, 2016; and (4) make non-substantive cleanup to improve rule clarity.
Subchapter 1. Scope and Applicability
Oklahoma Administrative Code (OAC) 340:25-1-1.1 is amended to:(1) define that a record can be in electronic or physical form, per Section 301.1 of Title 45 of the Code of Federal Regulations (45 C.F.R. § 301.1).
Subchapter 5. Operational Policies
Part 15. Case Initiation, Case Management, and Case Closure
OAC 340:25-5-117 is amended to expand definition of appropriate referral from the Oklahoma Health Care Authority to include referrals from Temporary Assistance for Needy Families and Child Welfare programs per 45 C.F.R. § 303.11.
OAC 340:25-5-123 is amended to comply with 45 C.F.R. § 303.11 to allow a case to be closed as an inappropriate referral as outlined in OAC 340:5-5-117.
OAC 340:25-5-134 is issued, per Sections 1031, 1031.1, 1038, and 2004, of Title 12 of the Oklahoma Statutes (12 O.S. §§ 1031, 1031.1, 1038, 2004), and 56 O.S. § 237 to memorialize how CSS proceeds with establishment, modification, and vacating default orders.
Part 21. Establishment
OAC 340:25-5-176 is amended to update obsolete language as it pertains to paternity and parentage per the Uniform Parentage Act, codified in 10 O.S. §§ 7700-101 et seq.
OAC 340:25-5-176.1 is amended to update obsolete language as it pertains to paternity and parentage per the Uniform Parentage Act, codified in 10 O.S. §§ 7700-101 et seq.
OAC 340:25-5-178 is amended to remove language that prohibited CSS from modifying an order when the noncustodial parent (NCP) is incarcerated and the crimes were against the custodial person or child, per 45 C.F.R. § 303.8.
Part 22. Review and Modification
OAC 340:25-5-198.1 is amended to add that CSS initiates a review of a child support order when NCP is incarcerated as outlined in OAC 340:25-5-178(k) and 45 C.F.R. § 303.8.
OAC 340:25-5-198.2 is amended to add:(1) that a material change of circumstance for modifying a child support order includes, when an NCP is incarcerated more than 180-calendar days, per 45 C.F.R. § 303.8; and (2) relevant legal authority.
Part 23. Enforcement
OAC 340:25-5-200 is amended to:(1) update the Section title; and (2) remove reference to an obsolete program.
OAC 340:25-5-212 is amended, per 45 C.F.R. § 307.311 to add:(1) that financial institution data matches are released when the source of funds are from concurrent Social Security Income and Social Security Disability Income benefits; and (2) relevant legal authority.
Part 38. Title IV-D and Non-Title IV-D Central Case Registry Information
OAC 340:25-5-340 is amended to remove language that conflicts with federal requirements in 45 C.F.R. § 302.38, regarding payment issuance to families.
Part 39. Accounting and Distribution
OAC 340:25-5-350.3 is amended to remove:(1) obsolete payment methods; and (2) language that conflicts with federal requirements, 45 C.F.R. § 302.38, regarding payment issuance to families, per federal regulations issued December 20, 2016.
LEGAL AUTHORITY:Director of Human Services, 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. Executive Order 13563: Improving Regulation and Regulatory Review.
Rule Impact Statement
To:Programs Administrator
Office of Intergovernmental Relations and Policy
From: Jim Hutchinson, Director
Child Support Services
Date:December 18, 2017
Re:CHAPTER 25. CHILD SUPPORT SERVICES
Subchapter 1. Scope and Applicability
340:25-1-1.1 [AMENDED]
Subchapter 5. Operational Policies
Part 15. Case Initiation, Case Management, and Case Closure
340:25-5-117 [AMENDED]
340:25-5-123 [AMENDED]
340:25-5-134 [NEW]
Part 21. Establishment
340:25-5-176 through 340:25-5-176.1 [AMENDED]
340:25-5-178 [AMENDED]
Part 22. Review and Modification
340:25-5-198.1 through 340:25-5-198.2 [AMENDED]
Part 23. Enforcement
340:25-5-200 [AMENDED]
340:25-5-212 [AMENDED]
Part 38. Title IV-D and Non-Title IV-D Central Case Registry Information
340:25-5-340 [AMENDED]
Part 39. Accounting and Distribution
340:25-5-350.3 [AMENDED]
(Reference WF 18-09)
Contact:Tammy Hall, Programs Manager, 405-522-0022
A.Brief description of the purpose of the proposed rule.
The proposed amendments to Chapter 25, Subchapters 1 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) make changes to meet compliance with federal rule changes issued December, 2016; and (4) make non-substantive cleanup 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 the DHS 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 that a record can be in electronic or physical form, per Section 301.1 of Title 45 of the Code of Federal Regulations (45 C.F.R. § 301.1).
Subchapter 5. Operational Policies
Part 15. Case Initiation, Case Management, and Case Closure
OAC 340:25-5-117 is amended to expand definition of appropriate referral from the Oklahoma Health Care Authority to include referrals from Temporary Assistance for Needy Families and Child Welfare programs per 45 C.F.R. § 303.11.
OAC 340:25-5-123 is amended to comply with 45 C.F.R. § 303.11 to allow a case to be closed as an inappropriate referral as outlined in OAC 340:5-5-117.
OAC 340:25-5-134 is issued, per Sections 1031, 1031.1, 1038, and 2004, of Title 12 of the Oklahoma Statutes (12 O.S. §§ 1031, 1031.1, 1038, 2004), and 56 O.S. § 237 to memorialize how CSS proceeds with establishment, modification, and vacating default orders.
Part 21. Establishment
OAC 340:25-5-176 is amended to update obsolete language as it pertains to paternity and parentage per the Uniform Parentage Act, codified in 10 O.S. §§ 7700-101 et seq.
OAC 340:25-5-176.1 is amended to update obsolete language as it pertains to paternity and parentage per the Uniform Parentage Act, codified in 10 O.S. §§ 7700-101 et seq.
OAC 340:25-5-178 is amended to remove language that prohibited CSS from modifying an order when the noncustodial parent (NCP) is incarcerated and the crimes were against the custodial person or child, per 45 C.F.R. § 303.8.
Part 22. Review and Modification
OAC 340:25-5-198.1 is amended to add that CSS initiates a review of a child support order when NCP is incarcerated as outlined in OAC 340:25-5-178(k) and 45 C.F.R. § 303.8.
OAC 340:25-5-198.2 is amended to add:(1) that a material change of circumstance for modifying a child support order includes, when an NCP is incarcerated more than 180-calendar days, per 45 C.F.R. § 303.8; and (2) relevant legal authority.
Part 23. Enforcement
OAC 340:25-5-200 is amended to:(1) update the Section title; and (2) remove reference to an obsolete program.
OAC 340:25-5-212 is amended, per 45 C.F.R. § 307.311 to add:(1) that financial institution data matches are released when the source of funds are from concurrent Social Security Income and Social Security Disability Income benefits; and (2) relevant legal authority.
Part 38. Title IV-D and Non-Title IV-D Central Case Registry Information
OAC 340:25-5-340 is amended to remove language that conflicts with federal requirements in 45 C.F.R. § 302.38, regarding payment issuance to families.
Part 39. Accounting and Distribution
OAC 340:25-5-350.3 is amended to remove:(1) obsolete payment methods; and (2) language that conflicts with federal requirements, 45 C.F.R. § 302.38, regarding payment issuance to families, per federal regulations issued December 20, 2016.
Reasons.
Chapter 25, Subchapter 1:The proposed amendments:(1) add a relevant term to the Definitions Section to comply with federal regulations issued December 20, 2016; and (2) clean-up general language and legal citations.
Chapter 25, Subchapter 5:The proposed amendments:(1) amend policy to comply with federal regulations issued December 20, 2016; (2) provide additional clarification regarding CSS processes to the public; (3) provide additional guidance regarding internal CSS business processes to staff; and (4) cleanup language and legal citations.
Repercussions.
Chapter 25, Subchapter 1:The proposed amendments are designed to provide clear and concise information for customers and staff to ensure consistency in policy interpretation.
Chapter 25, Subchapter 5:The proposed amendments are designed to contribute to the health, safety, and wellbeing of children entitled to support and, to promote healthy families by:(1) increasing program efficiency; (2) improving customer service; and (3) providing clear and accurate guidance to DHS staff to ensure consistency in policy application.
Legal authority.
Director of Human Services, 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. Executive Order 13563: Improving Regulation and Regulatory Review.
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 amendments are children entitled to support, NCPs who owe child support, custodial parent (CP)s who are owed child support, CSS staff, CPs private attorneys, and courts.Most affected classes of persons will bear no costs associated with implementation of the amendments.
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, CPs, 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 amendments facilitate efficient use of program funds and reduce expenditures by eliminating non-essential services.There are no fee changes with these rule changes.
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.These rule amendments 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 amendments 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 amendments.
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 amendments 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.
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 amendments are intended to comply with federal and state 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 amendments 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, 2017; modified December 18, 2017.
