COMMENT DUE DATE:
February 5, 2008
DATE:
January 18, 2008
Judy Elwell CSED (405) 522-2259
Dena Thayer PMU Manager (405) 521-4326
Nancy Kelly PMU Specialist (405) 522-6703
RE:
APA WF 07-35
The proposed policy is Permanent . This proposal is not subject to the Administrative Procedures Act
CHAPTER 25. CHILD SUPPORT ENFORCEMENT DIVISION
Subchapter 1. Scope And Applicability
340:25-1-1.1 [AMENDED]
340:25-1-1.2 [AMENDED]
340:25-1-2 [AMENDED]
340:25-1-2.1 [AMENDED]
Subchapter 5. Operational Policies
Part 11. CSED System Security
340:25-5-75 [AMENDED]
Part 15. Case Initiation, Case Management, and Case Closure
340:25-5-110.1 [AMENDED]
340:25-5-114 [AMENDED]
340:25-5-117 [AMENDED]
340:25-5-123 [AMENDED]
340:25-5-124 [AMENDED]
340:25-5-124.2 [AMENDED]
340:25-5-124.3 [AMENDED]
340:25-5-133 [AMENDED]
Part 17.Past Support
340:25-5-140 [AMENDED]
340:25-5-140.1 [INSTRUCTIONS TO STAFF ONLY AMENDED]
Part 20. Medical Support
340:25-5-168 [AMENDED]
340:25-5-171 [AMENDED]
Part 21. Establishment
340:25-5-176 [AMENDED]
340:25-5-178 [AMENDED]
340:24-5-179.1 [AMENDED]
Part 22. Review and Modification
340:25-5-198.1 [INSTRUCTIONS TO STAFF ONLY AMENDED]
340:25-5-198.2 [AMENDED]
Part 23. Enforcement
340:25-5-200 [AMENDED]
340:25-5-212 [AMENDED]
Part 25. Federal Offset Programs
340:25-5-215 [AMENDED]
Part 27. State Tax Refund Offset Program
340:25-5-235 [AMENDED]
340:25-5-244 [AMENDED]
Part 33. Interstate and International Cases
340:25-5-270 [AMENDED]
Part 37. Recovery
340:25-5-312 [INSTRUCTIONS TO STAFF ONLY AMENDED]
Part 39. Accounting and Distribution
340:25-5-350.3 [AMENDED]
340:25-5-351 [AMENDED]
(Reference APA WF 07-35)
SUMMARY:
The purposes of proposed permanent amendments are to:
· codify provisions of state and federal legislation into Chapter 25 of Title 340 of the Oklahoma Administrative Code:
– federal Deficit Reduction Act requiring medical support to be provided by either or both parents, and giving states the option to enforce against a custodial person.
– Oklahoma Senate Bill 814 revising the tax offset process used with income tax refunds from which past-due child support is taken by changing the time for requesting a hearing from 60 days to 30 days.
· implement policy changes recommended during CSED's annual policy review process.
· make non-substantive housekeeping changes to improve the clarity of the rules.
340:25-1-1.1. Definitions [Amended].Removes definitions for tribal office and tribal office case.Adds a definition for state’s attorney.
340:25-1-1.2. Structure and services [Amended].Specifies that judgments for medical support include birthing costs.
340:25-1-2.1. Location for information [Amended].Adds teletypewriter numbers for the hearing impaired, and telephone numbers for the Cherokee and Osage Nation Child Support Offices.
340:25-5-114. Procedures for determining and processing noncooperation on TANF and non-TANF Medicaid cases [Amended].Specifies that noncooperation also means authorizing child supports be made through, or failing to forward to CSED child support payments received from, other entities other than the Centralized Support Registry.
340:25-5-123. Case closure system [Amended].Adds that a case may be closed due to a noncustodial parent’s disability and lack of income.
340:25-5-124. Assignment and transfer of cases to child support offices [ Amended].Adds policy to clarify CSED office assignment and case transfer when the case is a Family and Domestic district court case.
340:25-5-124.2. Tribal case assignments and transfer of cases to the an Oklahoma tribal child support office [Amended].Adds policy to clarify CSED office assignment and case transfer when the applicant is eligible for tribal child support services.
340:25-5-124.3. Assignment and management of deprived cases [Amended].Adds policy to clarify CSED office assignment and case transfer when there is no Family and Domestic district court case and parental rights have been terminated.
340:25-5-140. Past support [Amended].Specifies CSED does not calculate a past-due support balance or take action to enforce past-due support until 30 days from the date of mailing of the notice.
340:25-5-168. Establishment of medical support [Amended].Specifies that both parents are required to secure health insurance for minor child(ren).Specifies standards for health coverage and exceptions to those standards.
340:25-5-171. National Medical Support Notice Enforcement of a medical support order [Amended].Specifies CSED modifies a child support order when review indicates modification would result in an enforceable medical support order.
340:25-5-176. Establishment of paternity [Amended].Adds policy that when the noncustodial parent contacts CSED within 30 days of a default paternity order, CSED requests the court vacate the default paternity order andpursues genetic testing.
340:25-5-178. Establishment of current child support [Amended]. Describes what CSED considers as best evidence available when determining a parent’s child support obligation.Specifies when the noncustodial parent contacts CSED within 30 days of a default child support order and provides information to calculate an accurate child support obligation, CSED requests the court enter a new order.
340:24-5-179.1. Establishment of support for a prior period [Amended].Specifies that CSED reserves the issue of support for a prior period until the noncustodial parent is no longer receiving TANF or Supplemental Security Income.
340:25-5-198.2. Modification [Amended].Specifies CSED modifies a child support order when there is evidence enforcement of a medical support order against a custodial person is inappropriate.
340:25-5-212. Financial institution data match reporting system [Amended].Adds policy that when CSED discovers assets not previously reported, levies against a noncustodial parent’s assets may manually or automatically issue unless the noncustodial parent is in full and timely compliance with a court-ordered payment plan.Specifies what CSED considers as full and timely compliance with a court-ordered payment plan.Provides for release of funds from levy.
340:25-5-215. Collection of past-due support from federal tax offset. [Amended]Specifies federal income tax refund intercepts must be distributed as past-due support to the custodial person.
340:25-5-235. Collection of past support and overpayments from state tax refund offset [Amended].Specifies interest is considered as past child support.
340:25-5-244. Review procedures for state tax refund offset program [Amended].Adds policy that CSED sends a notice to the noncustodial parent whenever a state tax refund is offset.Changes the time for requesting a hearing from 60 days to 30 days.
340:25-5-350.3. Payment of support through Centralized Support Registry [Amended].Specifies that a payor must submit payment by cashier’s check or money order when CSED refuses to accept a personal check or direct debit.Adds policy on the debit card program.
340:25-5-351. Allocation and distribution of collections [Amended].Specifies that CSED does not apply interest collections from federal income tax refund offsets to state debt unless CSED has been unable to locate the custodial person.
340:25-1-2, 340:25-5-75, 340:25-5-110.1, 340:25-5-117, 340:25-5-133, 340:25‑5‑140.1, 340:25-5-198.1, 340:25-5-200, 340:25-5-270, and 340:25-5-312 are amended to make a variety of housekeeping changes, including reformatting, updating legal citations, clarifying language to be consistent with current usage, and correcting punctuation and syntax.
| OKLAHOMA DEPARTMENT OF HUMAN SERVICES Rule Impact Statement |
To:Dena Thayer, Programs Administrator
Office of Legislative Relations and Policy
From:Elizabeth Wilson, CSED Assistant Director and Policy Attorney, 522-2780
Child Support Enforcement Division
Date:12/13/2007
Re:APA WF# 07-35
Title 340. Department of Human Services
Chapter 25. Child Support Enforcement Division
Subchapter 1. Scope And Applicability
340:25-1-1.1 [AMENDED]
340:25-1-1.2 [AMENDED]
340:25-1-2 [AMENDED]
340:25-1-2.1 [AMENDED]
Subchapter 5. Operational Policies
Part 11. CSED System Security
340:25-5-75 [AMENDED]
Part 15.Case Initiation, Case Management, and Case Closure
340:25-5-110.1 [AMENDED]
340:25-5-114 [AMENDED]
340:25-5-117 [AMENDED]
340:25-5-123 [AMENDED]
340:25-5-124 [AMENDED]
340:25-5-124.2 [AMENDED]
340:25-5-124.3 [AMENDED]
340:25-5-133 [AMENDED]
Part 17.Past Support
340:25-5-140 [AMENDED]
340:25-5-140.1 [ITS ONLY AMENDED]
Part 20.Medical Support
340:25-5-168 [AMENDED]
340:25-5-171 [AMENDED]
Part 21.Establishment
340:25-5-176 [AMENDED]
340:25-5-178 [AMENDED]
340:24-5-179.1 [AMENDED]
Part 22.Review and Modification
340:25-5-198.1 [ITS ONLY AMENDED]
340:25-5-198.2 [AMENDED]
Part 23.Enforcement
340:25-5-200 [AMENDED]
340:25-5-212 [AMENDED]
Part 25. Federal Offset Programs
340:25-5-215 [AMENDED]
Part 27.State Tax Refund Offset Program
340:25-5-235 [AMENDED]
340:25-5-244 [AMENDED]
Part 33.Interstate and International Cases
340:25-5-270 [AMENDED]
Part 37.Recovery
340:25-5-312 [ITS ONLY AMENDED]
Part 39.Accounting and Distribution
340:25-5-350.3 [AMENDED]
340:25-5-351 [AMENDED]
Contact:Judy Elwell, Policy and Research Analyst (405) 522-2259
A.Brief description of the purpose of the proposed rule:
Purpose.The purposes of proposed permanent amendments are to:
· codify provisions of state and federal legislation into Chapter 25 of Title 340 of the Oklahoma Administrative Code:
– federal Deficit Reduction Act requiring medical support to be provided by either or both parents, and giving states the option to enforce against a custodial person.
– Oklahoma Senate Bill 814 revising the tax offset process used with income tax refunds from which past-due child support is taken by changing the time for requesting a hearing from 60 days to 30 days.
· implement policy changes recommended during CSED's annual policy review process.
· make non-substantive housekeeping changes to improve the clarity of the rules.
Strategic Plan impact.These proposals contribute to the Oklahoma Department of Human Services goals of assisting customers in becoming independent, employed, productive citizens; providing services that support and strengthen the family and protect its members;promoting health care accessibility; and continuously improving systems and processes to achieve agency goals.They comply with mandatory requirements under welfare reform and enable CSED to improve services to its customers through better communication and fuller cooperation with other community service providers; health care providers and insurers; the juvenile affairs community; attorneys in private practice; employers; and Native American tribes.The proposed rules position the Oklahoma Child Support Program to more efficiently manage its resources and empower families to be self-sufficient, while reducing child poverty and state expenditures.
Substantive changes.
Subchapter 1. Scope And Applicability
340:25-1-1.1. Definitions [Amended].Removes definitions for tribal office and tribal office case.Adds a definition for state’s attorney.
340:25-1-1.2. Structure and services [Amended].Specifies that judgments for medical support include birthing costs.
340:25-1-2.1. Location for information [Amended].Adds teletypewriter numbers for the hearing impaired, and telephone numbers for the Cherokee and Osage Nation Child Support Offices.
Part 15. Case Initiation, Case Management, and Case Closure
340:25-5-114. Procedures for determining and processing noncooperation on TANF and non-TANF Medicaid cases [Amended].Specifies that noncooperation also means authorizing child supports be made through, or failing to forward to CSED child support payments received from, other entities other than the Centralized Support Registry.
340:25-5-123. Case closure system [Amended].Adds that a case may be closed due to a noncustodial parent’s disability and lack of income.
340:25-5-124. Assignment and transfer of cases to child support offices [ Amended].Adds policy to clarify CSED office assignment and case transfer when the case is a Family and Domestic district court case.
340:25-5-124.2. Tribal case assignments and transfer of cases to the an Oklahoma tribal child support office [Amended].Adds policy to clarify CSED office assignment and case transfer when the applicant is eligible for tribal child support services.
340:25-5-124.3. Assignment and management of deprived cases [Amended].Adds policy to clarify CSED office assignment and case transfer when there is no Family and Domestic district court case and parental rights have been terminated.
Part 17.Past Support
340:25-5-140. Past support [Amended].Specifies CSED does not calculate a past-due support balance or take action to enforce past-due support until 30 days from the date of mailing of the notice.
Part 20.Medical Support
340:25-5-168. Establishment of medical support [Amended].Specifies that both parents are required to secure health insurance for minor child(ren).Specifies standards for health coverage and exceptions to those standards.
340:25-5-171. National Medical Support Notice Enforcement of a medical support order [Amended].Specifies CSED modifies a child support order when review indicates modification would result in an enforceable medical support order.
Part 21.Establishment
340:25-5-176. Establishment of paternity [Amended].Adds policy that when the noncustodial parent contacts CSED within 30 days of a default paternity order, CSED requests the court vacate the default paternity order andpursues genetic testing.
340:25-5-178. Establishment of current child support [Amended]. Describes what CSED considers as best evidence available when determining a parent’s child support obligation.Specifies when the noncustodial parent contacts CSED within 30 days of a default child support order and provides information to calculate an accurate child support obligation, CSED requests the court enter a new order.
340:24-5-179.1. Establishment of support for a prior period [Amended].Specifies that CSED reserves the issue of support for a prior period until the noncustodial parent is no longer receiving TANF or Supplemental Security Income.
Part 22.Review and Modification
340:25-5-198.2. Modification [Amended].Specifies CSED modifies a child support order when there is evidence enforcement of a medical support order against a custodial person is inappropriate.
Part 23.Enforcement
340:25-5-212. Financial institution data match reporting system [Amended].Adds policy that when CSED discovers assets not previously reported, levies against a noncustodial parent’s assets may manually or automatically issue unless the noncustodial parent is in full and timely compliance with a court-ordered payment plan.Specifies what CSED considers as full and timely compliance with a court-ordered payment plan.Provides for release of funds from levy.
Part 25. Federal Offset Programs
340:25-5-215. Collection of past-due support from federal tax offset [Amended].Specifies federal income tax refund intercepts must be distributed as past-due support to the custodial person.
Part 27.State Tax Refund Offset Program
340:25-5-235. Collection of past support and overpayments from state tax refund offset [Amended].Specifies interest is considered as past child support.
340:25-5-244. Review procedures for state tax refund offset program [Amended].Adds policy that CSED sends a notice to the noncustodial parent whenever a state tax refund is offset.Changes the time for requesting a hearing from 60 days to 30 days.
Part 39.Accounting and Distribution
340:25-5-350.3. Payment of support through Centralized Support Registry [Amended].Specifies that a payor must submit payment by cashier’s check or money order when CSED refuses to accept a personal check or direct debit.Adds policy on the debit card program.
340:25-5-351. Allocation and distribution of collections [Amended].Specifies that CSED does not apply interest collections from federal income tax refund offsets to state debt unless CSED has been unable to locate the custodial person.
340:25-1-2, 340:25-5-75, 340:25-5-110.1, 340:25-5-117, 340:25-5-133, 340:25‑5‑140.1, 340:25-5-198.1, 340:25-5-200, 340:25-5-270, and 340:25-5-312 are amended to make a variety of housekeeping changes, including reformatting, updating legal citations, clarifying language to be consistent with current usage, and correcting punctuation and syntax.
Reasons.The proposed revisions to Subchapters 1, 3, and 5 of Chapter 25 update and clarify CSED rules to bring them into compliance with state and federal laws and regulations and provide staff with clear guidance in implementation procedures, in order to:(1) provide improved child support services, positioning CSED to be sought out as a family's choice for child support services; (2) address needs identified in the CSED annual review of rules; (3) respond to legislative changes; (4) improve the establishment of paternity and child support orders; (5) improve the collection and distribution of support payments; (6) update legal citations; and (7) clarify language and correct punctuation and syntax.
Repercussions.Adopting these rules will strengthen families’ self-sufficiency, while reducing child poverty and state expenditures.
Failure to adopt these rules could cause CSED to be in noncompliance with federal and state law and regulation and result in confusion and delay in providing paternity or child support order establishment, and modification or enforcement of child support orders.
Failure to adopt these rules could result in parents not securing health insurance for children when it is available through an employer or other group health insurance.Without private health insurance coverage for children, a financial burden for health care is borne by governmental agencies and ultimately by the taxpayers.
Failure to adopt these rules could result in higher levels of uncollectible child support debt owed by noncustodial parents.
Legal authority.
- Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution;
- Sections 453, 454, 454A, and 454B of the Social Security Act, codified in Sections 653, 654, 654a and 654b of Title 42 of the United States Code (U.S.C.);
- Section 1738B of Title 28 U.S.C.;
- United States House Resolution 3130, Public Law 105‑200;
- Sections 302.31, 302.32, 302.38, 303.6, 307.11, 307.13, and Part 310 of Title 45 of the Code of Federal Regulations (CFR);
- Section 303.32 of Title 45 CFR (National Medical Support Notice Parts A and B);
- Sections 652 and 666 of Title 42 of the U.S.C. (federal Deficit Reduction Act of 2005);
- Section 1171.2 of Title 12 of the Oklahoma Statutes (federal Deficit Reduction Act of 2005);
- Sections 112, 139, and 139.1 of Title 43;
- Sections 237 and 240.20 of Title 56 of the Oklahoma Statutes; and
- Section 205.2 of Title 68 of the Oklahoma Statutes (Oklahoma Senate Bill 814).
[Emergency, Permanent, or Preemptive] approval.Permanent rulemaking approval is requested.
Permanent approval is requested:
Effective July 1, 2008
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 persons who may be affected by these proposed rules are children entitled to support, noncustodial parents who owe child support, custodial persons who are owed child support, parents of children in OKDHS custody, parents and guardians of minor noncustodial parents, members of the juvenile affairs community, district attorney offices, district courts, attorneys in private practice, employers, health care providers and insurers, and other states, territories, foreign countries, and Native American tribes.
C.A description of the classes of persons who will benefit from the proposed rule:Noncustodial parents, custodial persons, children, and taxpayers should benefit from implementation of these proposed rules.Requiring both parents to secure health insurance for minor children when it is available through an employer or other group health insurance will reduce demands placed on the publicly funded Medicaid program while providing greater access to health care providers.
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: This proposal should have a positive economic impact on children, custodial persons, noncustodial parents, and persons disabled as children that are now adults.There are no fee changes associated with these proposed rules, and they do not significantly affect any political subdivision.
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 OKDHS includes the cost of printing and distributing the rules and training material among staff, and staff time associated with reviewing and revising the rules and training material.The cost of printing and distribution is estimated to be under $100 and is within the current budget and requires no additional funding.Any costs of implementation are expected to be offset by an increase in collections.These proposals do not increase any agency's duties or need for additional FTE.
OKDHS and Oklahoma will benefit from continued federal financial participation resulting from compliance with federal requirements.
Improvement in the establishment and enforcement of child support orders will save state money and allow CSED to improve overall services to its customers.
These proposed rules should not have any substantial effect on state revenues.
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: These proposed rules should have no economic impact on any political subdivision or require their cooperation in implementation or enforcement.
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: These proposed rules should have no adverse economic effect on small business.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rule: This proposal is intended to minimize compliance costs and intrusive regulations while fully complying with state and federal mandates. There are no less intrusive or less costly 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:This proposal is intended to comply with state and federal child support enforcement mandates, thereby increasing program effectiveness and contributing to the health, safety, and well-being of children entitled to support.Failure to adopt these rules could result in a loss of federal funding due to the failure to comply with federal requirements for processing child support cases.Failure to adopt these rules will result in CSED being in noncompliance with the federal Deficit Reduction Act and minimum wage increase, and Oklahoma Senate Bill 814, passed by the 1st Session of the 51st Oklahoma Legislature.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:These proposed rules are intended to comply with state and federal child support enforcement mandates, thereby contributing to the health, safety, and well-being of children entitled to support.Failure to adopt these rules could result in:1) the loss of federal funding of the Oklahoma IV-D program; 2) confusion and delay in providing paternity and child support order establishment, and modification and enforcement of support orders; 3) unnecessary expenditure of public funds to provide support for children that could otherwise be provided by noncustodial parents; and 4) an undue financial burden on governmental agencies and taxpayers for the medical care of children that could otherwise be secured by either or both parents through health insurance available from an employer or other group health insurance.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared December 13, 2007.
