COMMENT DUE DATE:
August 17, 2016
DATE:
August 8, 2016
Tammy Hall, Programs Manager, 405-522-0022
Dena Thayer, Legal Services - Policy, Programs Administrator, 405-521-4326
Nancy Kelly, Legal Services - Policy, Policy Specialist 405-522-6703
RE:
Non-APA WF 16-D
The proposed policy is Non-APA . This proposal is not subject to Administrative Procedures Act
It is important that you provide your comments regarding the draft copy of policy Instructions to Staff by the comment due date. Comments are directed to Legal Services - Policy, *STO.Legal Services.Policy.
Effective date:September 15, 2016
SUBJECT:
CHAPTER 25. CHILD SUPPORT SERVICES
Subchapter 5. Operational Policies
Part 7. The Case Record - Computer File Records and Case Folders
OAC 340:25-5-55 INSTRUCTIONS TO STAFF (ITS) ONLY [NEW]
Part 9. Disclosure of Information
OAC 340:25-5-67 ITS ONLY [AMENDED]
Part 15. Case Initiation, Case Management, and Case Closure
OAC 340:25-5-117 ITS ONLY [AMENDED]
OAC 340:25-5-124.2 ITS ONLY [REVOKED and RENUMBERED TO OAC 340:25-5-286]
OAC 340:25-5-124.3 ITS ONLY [AMENDED]
OAC 340:25-5-124.4 ITS ONLY [NEW]
Part 20. Medical Support
OAC 340:25-5-168 ITS ONLY [AMENDED]
Part 21. Establishment
OAC 340:25-5-178 ITS ONLY [AMENDED]
Part 22. Review and Modification
OAC 340:25-5-198.1 ITS ONLY [AMENDED]
Part 23. Enforcement
OAC 340:25-5-200 ITS ONLY [AMENDED]
OAC 340:25-5-211.1 ITS ONLY through 340:25-5-212 ITS ONLY [AMENDED]
OAC 340:25-5-213 ITS ONLY [NEW]
Part 33. Intergovernmental Cases
OAC 340:25-5-270 ITS ONLY [AMENDED]
OAC 340:25-5-285 ITS ONLY [AMENDED]
OAC 340:25-5-286 ITS ONLY [RENUMBERED and AMENDED]
Part 38. Title IV-D and Non-IV-D Central Registry Information
OAC 340:25-5-340 ITS ONLY [AMENDED]
(Reference WF 16-D)
Part 7. The Case Record - Computer File Records and Case Folders
Oklahoma Administrative Code (OAC) 340:25-5-55 Instructions to Staff (ITS) only are added to: (1) open a case using the name provided in the application or referral; and (2) specify when Form 03GN543E, Name Change Request, is not required.
Part 9. Disclosure of Information
OAC 340:25-5-67 ITS are amended to:(1) instruct staff to only release information requested in a signed information disclosure form; (2) instruct staff to confirm the authenticity of an information disclosure form with the authorizing case party, when necessary; and (3) language clean-up.
Part 15. Case Initiation, Case Management, and Case Closure
OAC 340:25-5-117 ITS are amended to:(1) instruct staff on how to proceed when a child has multiple alleged fathers; and (2) language clean-up.
OAC 340:25-5-124.2 ITS are revoked and renumbered to OAC 340:25-5-286.
OAC 340:25-5-124.3 ITS are amended to remove non-substantive language.
OAC 340:25-5-124.4 ITS are added to:(1) provide staff guidance on the new multiple case process in which a noncustodial parent's multiple cases are worked and heard by the court together for the purpose of establishing a more equitable child support order; and (2) instruct staff on using the Right-sizing Orders User Guide that provides more detailed instruction.
Part 20. Medical Support
OAC 340:25-5-168 ITS are amended to:(1) correct an example of when to terminate cash medical support after a Notice of Proposed Termination was sent; and (2) instruct staff when health care coverage is in place, cash medical support may be terminated at an earlier date when the parties agree.
Part 21. Establishment
OAC 340:25-5-178 ITS are amended to:(1) include either parent's Social Security Disability Insurance when calculating child support; (2) remove instruction to use the wages listed on the Information Management System and advise staff to use actual income in the child support computation; (3) remove a reference to outdated training material; (4) instruct staff how to request the court order support against both noncustodial parents who live together as an intact family; and (5) correct legal cites.
Part 22. Review and Modification
OAC 340:25-5-198.1 ITS are amended to remove non-substantive language.
Part 23. Enforcement
OAC 340:25-5-200 ITS are amended to:(1) direct staff on how to follow the Child Support Services (CSS) Contempt User Guide; (2) instruct CSS state's attorney to request the court hold an evidentiary hearing on the obligor's present ability to purge when pursuing a contempt action; (3) clarify CSS state's attorney have the authority to request purge conditions that are less than the full sentence allowed and less than the full amount owed; (4) instruct CSS state's attorneys to ensure a record is made, whether by a court reporter or a journal entry; and language clean-up.
OAC 340:25-5-211.1 ITS are amended to:(1) clarify staff may facilitate a license reinstatement order when the noncustodial parent is not in the Court Liaison Program (CLP), but is complying with the requirements for a see work order; (2) language legal citation clean-up.
OAC 340:25-5-212 ITS are amended to:(1) instruct staff to review all automated Financial Institution Data Match (FIDM) levies before they are printed; (2) instruct staff how to proceed with FIDM when a noncustodial parent is cooperating with the CLP or a seek work order; (3) instruct staff to release levies as requested by the Military and Veteran's Coordinator; and (4) language clean-up.
OAC 340:25-5-213 ITS are added to clarify that CSS staff does not establish or update a custodial person' address of record based only on an Annual Notice proceeding.
Part 33. Intergovernmental Cases
OAC 340:25-5-270 ITS are amended to clean-up non-substantive language and formatting of legal citations.
OAC 340:25-5-285 ITS are amended to:(1) clarify that all CSS's existing bilateral agreements are superseded by federal reciprocity agreements; (2) instruct staff to contact the CSS state office for assistance in establishing a bilateral agreement; (3) instruct staff to contact CSS state office for assistance with translation services; and (4) language clean-up.
OAC 340:25-5-286 ITS are renumbered from OAC 340:25-5-124.2 and amended to:(1) clarify that CSS staff may send a limited services request to a tribal Title IV-D program when appropriate; (2) instruct staff to follow the guidance of the federal Office of child Support Enforcement; (3) instruct staff to contact the tribal office before transferring a case; (4) clarify what state services require CSS to maintain an open case; and (5) direct CSS state's attorneys to communicate with tribal programs to coordinate legal actions.
Part 38. Title IV-D and Non-IV-D Central Case Registry Information
OAC 340:25-5-340 ITS is amended to: (1) clarify an annual notice only establishes an address of record for the noncustodial parent; (2) provide staff with guidance when a case participant obtains a new name and Social Security number due to family violence.
