COMMENT DUE DATE:
August 12, 2019
DATE:
August 1, 2019
Tammy Hall, Child Support Services 405-522-0022
Dena Thayer, Programs Administrator 405-521-4326
Nancy Kelly, Policy Specialist 405-522-6703
RE:
Non-APA WF 19-G
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 by the comment due date.Comments are directed to *STO.LegalServices.Policy@okdhs.org.The proposed policy is INSTRUCTIONS TO STAFF (ITS) ONLY.
SUBJECT:
CHAPTER 25. CHILD SUPPORT SERVICES
Subchapter 5. Operational Policies
Part 9. Disclosure of Information
340:25-5-67 [AMENDED]
Part 11. OCSS System Security
340:25-5-75 [AMENDED]
Part 15. Case Initiation, Case Management, and Case Closure
340:25-5-124.4 [AMENDED]
(Reference WF 19-G)
SUMMARY:
Subchapter 5. Operational Policies
Part 9. Disclosure of Information
Oklahoma Administrative Code (OAC) 340:25-5-67 and 340:25-5-75 ITS are amended to ensure that federal tax information is safeguarded when Child Support Services (CSS) staff works in a cloud environment, per requirements from the National Institute of Standards and Technology and Internal Revenue Services Publication 1075.
Part 11. OCSS System Security
OAC 340:25-5-75 ITS are amended to ensure that federal tax information is safeguarded when CSS staff works in a cloud environment, per requirements from the National Institute of Standards and Technology and the Internal Revenue Services Publication 1075.
Part 15. Case Initiation, Case Management, and Case Closure
OAC 340:25-5-124.4 ITS are amended to remove instructions to email documents that may contain federal tax information.
LEGAL AUTHORITY:DHS Director, Section 162 of Title 56 of the Oklahoma Statutes.
SUBCHAPTER 5. OPERATIONAL POLICIES
PART 9. DISCLOSURE OF INFORMATION
340:25-5-67. Information disclosure
Revised 9-15-16
(a) Confidentiality.All applications, information and records concerning any applicant or recipient obtained pursuant to law or as authorized by law by the Department of Human Services or any other public or private entity shall be confidential per Section 183 of Title 56 of the Oklahoma Statutes (56 O.S. § 183). ¢ 1
(1)All files and records concerning the assistance or services provided under the child support program or concerning an alleged father of a child born out of wedlock are confidential per 56 O.S. § 237, except as otherwise authorized by law.
(2) Any information Oklahoma Department of Human Services (DHS) Child Support Services (CSS) obtains from federal or state agencies is subject to limitations on disclosure imposed by laws governing the information received from those agencies.CSS complies with the limitations imposed by federal laws and regulations per Section 653 of Title 42 of the United States Code (42 U.S.C. § 653), Section 285.3 of Title 31 of the Code of Federal Regulations (31 C.F.R. § 285.3), and Internal Revenue Service Publication 1075.¢ 2
(3) Nothing in this Section authorizes disclosure of the location or information that may lead to discovery of the location of a case participant with a family violence indicator per Oklahoma Administrative Code (OAC) 340:25-5-67.1.
(4) CSS redacts personal information, including Social Security and driver license numbers, from court documents prior to filing them, pursuant to Rule 31 of the Rules for District Courts of Oklahoma.
(b) Authorized disclosure.Information, when requested per OAC 340:25-5-68, may be shared with:¢ 23 & 34
(1) persons duly authorized by the United States in connection with the performance of their official duties per 56 O.S. § 183 including, but not limited to:
(A) exchange of information to the extent necessary to carry out the state agency Title IV-D program responsibilities directly and through statewide automated data processing and information retrieval networks within DHS, with authorized representatives of DHS programs and other state agencies, other states and countries, and federal and tribal agencies;
(B) exchange of information directly and through statewide automated data processing and information retrieval networks with DHS representatives and other state agencies administering programs under Titles IV-A through IV-E, XIX, and XXI of Chapter 7 of Title 42 of the U.S.C., and the Supplemental Nutrition Assistance Program (SNAP) to the extent necessary to carry out the responsibilities of those agencies;
(C) release of information received from the Federal Parent Locator Service, through the State Parent Locator Service, to an authorized person for an authorized purpose, per 42 U.S.C. § 663 representing:
(i) agencies administering or enforcing programs under Titles IV-B and IV-E of Subchapter IV of Chapter 7 of Title 42 of the U.S.C. to the extent necessary to carry out state agency Titles IV-B and IV-E responsibilities; and
(ii) the United States or Oklahoma for purposes of enforcing or prosecuting any federal or state law with respect to the unlawful taking or restraint of a child, or any court or agent of such court having jurisdiction to make or enforce a child custody or visitation determination; and¢ 45
(D) release of Social Security numbers for child support purposes, such as:
(i) locating the parents;
(ii) submitting cases for federal administrative and income tax refund offset;
(iii) state income tax refund offset;
(iv) financial institution data match;
(v) enrolling children as beneficiaries of health insurance coverage; and
(vi) processing interstate child support services;
(2) parties to a child support case, their attorneys, interpreters, and authorized representatives, who may only access:¢ 56 & 67
(A) income information, records of payment, and balances;
(B) documents, exhibits, worksheets, and supporting documents filed with the court and any administrative documents that are part of the Order, such as guideline worksheets and financial affidavits;
(C) specific case activity in the course of providing child support enforcement services, such as the number and dates of locate attempts, and establishment and enforcement of child support or medical support orders;
(D) information required by Titles 43 or 56 of the Oklahoma Statutes disclosed for the purpose of enforcing, reviewing, establishing, or modifying a support order or judgment;
(E) information necessary to enroll children as beneficiaries of court-ordered health insurance coverage;
(F) information necessary to access court-ordered health care coverage and obtain health care for the children; and
(G) address of record for service of process per 43 O.S. § 112A.The address of record must only be released per OAC 340:25-5-340.1;
(3) employers and plan administrators, who may only access information necessary to enroll children as beneficiaries of court-ordered health insurance coverage;
(4) persons as directed by court order or by a subpoena approved by a CSSstate's attorney; and¢ 78
(5) persons with written authorization from a child support case member to release information.¢ 23
INSTRUCTIONS TO STAFF 340:25-5-67
Revised 9-15-169-16-19
1.(a) No employee or agent of the Oklahoma Department of Human Services (DHS) accesses employees or agents do not access or uses use confidential information or data obtained through the child support program except on a need to know basis in the performance of his or her official duties as a DHS employee or agent.This information or data may not be used for personal amusement, curiosity, gain, benefit, or any other reason not directly related to the performance of official duties.
(b) Instances of inappropriate access or misuse of confidential information by:
(1) any DHS employee or agent are is reported by DHS Child Support Services (CSS) staff to the employee employee's or agent's supervisor; and
(2) a DHS agent are is reported by CSS supervisors to the agent's supervisor.
(c) Supervisors of DHS employees employees' and supervisors of DHS agents agents' supervisors must take appropriate action, per DHS:2-1-7.
2.CSS staff does not share federal tax information in Microsoft Office 365 applications including, but not limited to, Outlook email, Yammer, Teams, SharePoint, OneDrive, and Planner.
23.Release of information.
(1) CSS releases written child support payment information to housing authorities and other entities upon written authorization of the custodial person (CP) or noncustodial parent (NCP).District offices may coordinate this release of information to housing authorities with the CSS Center for Customer Service.
(2) CSS releases information to Child Welfare Services (CWS) staff to facilitate the location of any individual who has, or may have parental rights with respect to a child, and may be a potential placement for the child.To assist CWS staff in carrying out child welfare responsibilities under Titles IV-B and IV-E programs, CSS staff provides the following information about the NCP, alleged father, CP, or child: in (A) through (F) of this paragraph.The NCP's, alleged father's, CP's, or child's:
(A) name;
(B) Social Security number;
(C) address;
(D) employer's name, address, and identification (ID) number;
(E) employment income and benefits of employment, including health care coverage; and
(F) the type, status, location, and amount of assets or debts owed by or to the individual.
(3) CSS does not release Internal Revenue Service (IRS) information unless CSS obtained the information from another source.CSS limits disclosure of Federal Tax Information (FTI) per (A) through (D) of this paragraph.
(A) Per IRS Publication 1075, limited information may be disclosed to CSS agents or contractors for the purpose of, and to the extent necessary in, establishing and collecting child support obligations from, and locating individuals owing such obligations.The information disclosure is limited to the:
(i) address;
(ii) Social Security number of an individual individual's Social Security number against whom CSS is seeking to establish or enforce child support obligations; and
(iii) amount offset from any tax refund otherwise payable to such individual, per IRS Code Section 6402(c).
(B) When handling caseworker questions from other DHS offices or programs, CSS cannot specifically identify information about FTI.In response to an inquiry, staff may disclose the payment amount as a:
(i) non-regular payment from a non-wage source; or
(ii) one-time lump-sum payment.
(C) CSS is permitted to inform a CP, his or her authorized representative, or attorney that CSS received a federal income tax refund offset and the payment amount.CSS cannot provide the NCP's address, wage data, or other FTI provided by the IRS.
(D) CSS is permitted to confirm to the NCP taxpayer or the NCP's spouse and/or joint filer that CSS received a federal income tax refund offset.
(4) CSS may release Financial Institution Data Match (FIDM) information as to the amount and source of payment, such as a bank levy.CSS cannot disclose specific account information or details, such as the name of the bank.
(5) CSS releases information to entities, such as:
(A) agents administering the Welfare-to-Work Program;
(B) personnel in the juvenile court system, in order to assist with administering Titles IV-B and IV-E programs;
(C) law enforcement personnel prosecuting federal and state child support enforcement crimes, parental kidnapping, and statutory rape; and
(D) staff administering Title IV-A programs.
(6) CSS does not release information to law enforcement personnel prosecuting crimes unrelated to the provision of Title IV-D services, per Oklahoma Administrative Code 340:25-1-1.2.
(7) CSS staff releases only information the case member is entitled to receive, limited to the information requested in the disclosure form.When CSS staff questions the authenticity of a disclosure form, staff verifies with the authorizing case member before releasing information.
34.CSS staff may release general information that benefits were paid on behalf of the children to establish the fact that amounts are due to the state, that CSS is a necessary party, or that the case cannot be closed because benefits are being expended.When benefit information is contested, CSS state's attorneys may release information regarding the payment amount and dates of benefits paid on behalf of the children to the court per Section 237(H) of Title 56 of the Oklahoma Statutes.CSS state's attorneys release information only to the extent necessary to establish amounts owed to the state.
45.Parent Locator Service.
(1) When a Child Protective Service Alert (CPSA or PSA) indicator appears during a search for history on a family in the KIDS or IMS system, as a PSA case type in KIDS and a CPSA designation in IMS on a CWS case, CSS staff releases locate information to DHS CWS at 405-521-3777.
(2) When CWS staff requests Federal Parent Locator Service (FPLS) information from CSS, CWS staff must submit a request to the State Parent Locator Service (SPLS) to the CSS Center for Coordinated Programs.For example, CWS staff may request locate information from SPLS to locate a non-parent for researching a possible placement for a deprived child.
(A) CSS staff directs authorized persons requesting FPLS information to submit requests to the SPLS.
(B) The SPLS provides the information to the requester in person or by email, phone, or letter rather than through the automated system.
(3) For further information concerning release of FPLS information, refer to the:
(A) Federal Register, Volume 69, Number 148, dated August 3, 2004;
(B) Federal Register, Volume 63, Number 162, dated August 21, 1998; and
(C) federal Office of Child Support Enforcement (OCSE) Action Transmittal AT-03-06, available from the OCSE website at http://www.acf.hhs.gov/programs/cse/pol/AT/2003/at-03-06.htm.
56.When a party to a child support case is represented by an attorney, per the Oklahoma Rules of Professional Conduct, Chapter 1, Appendix 3-A of Title 5 of the Oklahoma Statutes, CSS staff may not discuss the case with the party without the attorney's permission.When a represented party contacts CSS for information and CSS has not received the attorney's permission to communicate with the party, CSS may only release case information available in CSS records, including the:
(1) date and location of the next court hearing;
(2) status of service of process of pleadings on the other party in actions initiated by CSS; and
(3) child support payment information and arrearage balance information.
67.When a party who appears in the record to be represented by counsel claims to be unrepresented, CSS initiates contact with the attorney to confirm the status of the representation.
78.A subpoena is not a court order requiring automatic release of information.CSS state's attorneys review court orders and subpoenas before CSS releases information as directed by a court order or subpoena.
PART 11. OCSS SYSTEM SECURITY
340:25-5-75. Authority and responsibility
Revised 7-1-09
Oklahoma Child Support Services (OCSS) operates a single statewide automated data processing and information retrieval system that meets the requirements of:
(1) Sections 652, 654, 654a, and 655 of Title 42 of the United States Code; and
(2) Section 302.85 and Part 307 of Title 45 of the Code of Federal Regulations.¢ 1 & 2
INSTRUCTIONS TO STAFF 340:25-5-75
Revised 7-1-099-16-19
1.Child support staff follow OKDHS:2-21-50 through OKDHS:2-21-57 follows Oklahoma Department of Human Services (DHS) OKDHS:2-21-50 through OKDHS:2-21-57 for information on coordinating, planning, developing, and implementing the OKDHS DHS Records Management Program.
2.Data processing procedures.
(1) Access to the data processing environment is restricted by level of authorized access authorized.
(2) Within each district office and state office center, the office manager, managing attorney, or center supervisor is responsible for submitting host and Oklahoma Child Support Services (OCSS) (CSS) computer authorization and acknowledgment forms for each user to the OCSS CSS decentralized security administrator.
(3) The district office or state office center:
(A) may email or fax a copy of Form 05SC003E, Logon Authorization Request for OKDHS DHS Employees,; Form 05SC004E, Logon Authorization Request for Non-OKDHS Non-DHS Employees,; or Form 05SC001E 19SC001E, Remote Access Request and Authorization Logon Authorization Request Supplemental Information, as appropriate, to the OCSS CSS decentralized security administrator for submission to the Data Services Division (DSD) Data Security Unit Oklahoma Management Enterprise Systems (OMES) for security access.
(i)(A) These forms are available from the Forms page of the OKDHS DHS InfoNet under General Use.
(ii)(B) The DSD Data Security Unit OMES grants interim access to the data processing environment; and
(B) sends, within ten business days, the original form to the DSD Data Security Unit, or the security access is revoked.
(4) The office manager, managing attorney, or center supervisor is responsible for notifying the OCSS CSS security administrator of all employee separations and monitoring and complying with system and data security, as described in OKDHS:2-41-15 per DHS:2-41-15 and OKDHS DHS Data Security Guidelines within their his or her area of responsibility.
(5) Each person who uses a laptop or other computer is Computer and laptop users are responsible for completing and signing statements related to security agreements, responsibilities, and penalties associated with misuse of data.No one is permitted to sign anyone on to the data processing system without a user identification number (ID).
(6) To protect access and prevent unauthorized disclosure or use of data processing information, OCSS CSS staff:
(A) do does not share their passwords with anyone;
(B) do does not leave their his or her data processing terminal open to unauthorized access;
(C) obscure obscures active data processing terminals from external customers' view views;
(D) follow follows Oklahoma Administrative Code (OAC) 340:25-5-67, and Instructions to Staff, pertaining to the use of confidential OCSS CSS data, and reporting instances of inappropriate access or misuse of confidential information; and
(E) does not share federal tax information in Microsoft Office 365 applications including, but not limited to, Outlook email, Yammer, Teams, SharePoint, OneDrive, and Planner; and
(E)(F) are subject to disciplinary action, up to and including discharge, for failure to follow the procedures in (6)(A) through (D)(E).
PART 15. CASE INITIATION, CASE MANAGEMENT, AND CASE CLOSURE
340:25-5-5-124.4. Multiple case processing
Issued 9-15-16
(a) Definitions.The following words and terms when used in this Section shall have the following meanings unless the context clearly indicates otherwise:
"Multiple case action" means a noncustodial parent (NCP) has multiple cases that are worked together for the primary purpose of right-sizing the NCP's child support orders.A multiple case action includes either an establishment action, modification action, or both.Child Support Services (CSS) presents multiple case actions to the Office of Administrative Hearings: Child Support (OAH) or district court as appropriate.¢ 1When appropriate, CSS may pursue enforcement action in addition to completing the other action(s).CSS follows Oklahoma Administrative Code (OAC) 340:25-5-200.3 when multiple case processing involves enforcement actions only.
"Right-sizing" means establishing and modifying child support orders and setting judgment payments that reflect current circumstances and actual income, unless the evidence supports imputing, to encourage NCP compliance and consistent, reliable support collections for the child(ren) involved.
(b) Determination of multiple case actions.CSS determines whether there is evidence to justify a modification per OAC 340:25-5-198.2 and Section 237 of Title 56 of the Oklahoma Statutes (56 O.S. § 237).When determining whether it is appropriate to conduct a multiple case action, CSS considers:
(1) the NCP's income;
(2) the NCP's ability to pay all child support orders each month, in full;¢ 2
(3) if the NCP is paying on all cases; and
(4) the monthly child support amount per 43 O.S. §§ 118-118I.¢ 3
(c) Interstate multiple case actions.Multiple case actions involving non-Oklahoma orders are worked per this subsection.
(1) When Oklahoma has continuing exclusive jurisdiction, a case is included in a multiple case action.
(2) When Oklahoma does not have continuing exclusive jurisdiction and:
(A) current support is still due, a case may be included in a multiple case action when all necessary parties consent for Oklahoma to exercise jurisdiction to modify the support order per 43 O.S. § 601-611; or
(B) consent is not received for Oklahoma to exercise jurisdiction to modify, the interstate case is included only for determination of the judgment payment plan.
(d) Initial transfer of cases.When CSS initiates a multiple case action, CSS transfers cases as necessary to the office completing the multiple case action.¢ 4 through 6
(e) Initial notice.CSS provides notice to the custodial persons and the NCP, explaining their case:
(1) is involved in a multiple case action;
(2) was temporarily transferred, as appropriate, to another office for the multiple case action; and
(3) will be returned to its original office after completion of the multiple case action.¢ 7
(f) Child support computation preparation.In multiple case actions, CSS prepares:
(1) individual child support computation forms for each case, including medical support and child care costs for the family group; and
(2) one combination child support computation form that treats the NCP's children as one family, allowing a child support amount based on a pro rata share.The combined child support computation form uses the NCP's income and an average of all the cases' biological parents' (BP) income and does not include medical support or child care costs.¢ 8
(g) Filing.CSS files multiple case actions in OAH or district court and requests the court:
(1) consider all of the NCP's cases at the same time;
(2) deviate from the individual guidelines child support amount due to extreme economic hardship and to more equitably distribute the resources available, as supported by 43 O.S. § 118H and OAC 340:25-5-178;
(3) order a pro rata child support amount calculated by averaging the BPs' incomes and dividing the NCP's total child support amount evenly among all children; and
(4) add medical support and child care costs from the individual child support computation form to the pro rata child support amount.¢ 8 & 9
(h) Conclusion of multiple case action.After a multiple case action is concluded, the multiple case processing office transfers each case back to the original office.¢ 10
INSTRUCTIONS TO STAFF 340:25-5-124.4
Issued 9-15-16Revised 9-16-19
1.Oklahoma Department of Human Services Child Support Services (CSS) staff uses the Case List By AP Number Inquiry (CLAP) screen in the Oklahoma Support Information System (OSIS) to verify if a noncustodial parent (NCP) has multiple CSS cases.
2.CSS staff uses the Income Hierarchy and the Compliance Predictor Tool, located in the Education section on the CSS Infonet, to determine the NCP's ability to pay.
3.CSS refers to the Consistent Excellence Right-sizing Orders User Guide for guidance on when to initiate a multiple case action.
4.When an office staff determines there are multiple cases that can be worked together and at least one of the cases is in another office, the managing attorney (MA) or designee contacts the other office(s) to coordinate the multiple case processing.The other office(s) must respond within three-business days to discuss which office(s) completes the multiple case action.
5.(a) Generally, the office with the majority of an NCP's cases is the multiple case processing office.MAs may agree to designate a different office as the multiple case processing office for reasons including, but not limited to, when:
(1) no office has a majority of cases;
(2) an establishment action is pending in one office; or
(3) most parties to the case are located closer to one office.
(b) When MAs cannot agree on case assignment, the regional administrator(s) (RA) resolves the office assignment.The assistant director for Operations resolves the office assignment when RAs do not agree.
6.(a) The MA of the office conducting the multiple case action requests the files from the other offices' MA and office manager.
(b) CSS staff in the case's original office, transfers a case within three-business days.When preparing the case for transfer, CSS staff:
(1) completes an arrearage computation for the cases in the office and emails provides the entire Excel arrearage computation file to the multiple case processing office;
(2) provides the original file or copies of relevant documents as requested by the multiple case processing office;
(3) completes the Office of Administrative Hearings:Child Support (OAH) Notice of Transfer to the multiple case processing office;
(4) updates the OSIS Case Data Update (CSCU) screen to the office code of the multiple case processing office; and
(5) documents the type of action(s) being conducted and the name of the original office(s) that transferred the case for the multiple case action in OSIS Case Log.
(c) The case remains in the multiple case processing office's office code during the pendency of the action(s).
7.The original office sends letters to the custodial person (CP) and the NCP notifying them:
(1) that their case may have been temporarily transferred to another office for multiple case action;
(2) of the benefits of multiple case actions;
(3) that CSS requests the administrative law judge or district court judge to consider all of NCP's cases at the same time; and
(4) that the case will be returned to the original office when the court action(s) is complete.
8.CSS staff follows the Multiple Case Action section of the Consistent Excellence Right-sizing Orders User Guide on preparing individual and combination child support computation forms.
9.When preparing a multiple case action for court, CSS staff:
(1) states the child care costs and cash medical amount separately in both the order and child support deviation paragraphs;
(2) uses the combination child support computation form Form 03EN025E, Child Support Computation, as a worksheet for settlement conference(s) with the parties and as an exhibit for the court hearing;
(3) does not attach the combination child support computation form Form 03EN025E to the Motion to Modify; and
(4) saves a copy of the combination child support computation form Form 03EN025E in each of the CSS case files.
10.(a) When the court action is complete, the multiple case processing office:
(1) updates the order on the OSIS Obligation Update screen (OBLU) within three-business days of the court entering the order and ensures an income assignment is generated;
(2) sends a copy of the order by regular mail with a certificate of mailing to the CPs and NCPs involved in the multiple case action within three-business days;
(3) completes a new OAH Notice of Transfer, if when necessary;
(4) sends the case file and certified copies of the orders back to the original office(s) within three-business days;
(5) updates the OSIS CSCU screen to the office code of the original office; and
(6) notifies the original office of the transfer by email.
(b) Upon receipt of the file and new order information, the original office:
(1) dockets the court order in its district court;
(2) ensures the income assignment was sent; and
(3) initiates enforcement actions as appropriate.
