COMMENT DUE DATE:
February 3, 2009
DATE:
January 15, 2009
Tammy Hall OCSS (405) 522-0022
Dena Thayer PMU Manager (405) 521-4326
Nancy Kelly PMU Specialist (405) 522-6703
RE:
APA WF 08-15
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 25. Oklahoma Child Support Enforcement Division Services
Subchapter 1. Scope and Applicability
OAC 340:25-1-1 through 340:25-1-1.2 [AMENDED]
OAC 340:25-1-2.1 [AMENDED]
OAC 340:25-1-5.1 [AMENDED]
Subchapter 3. Commissioned Peace Officers
OAC 340:25-3-1 through 340:25-3-1.1 [AMENDED]
OAC 340:25-3-3 [AMENDED]
OAC 340:25-3-5 [AMENDED]
Subchapter 5. Operational Policies
Part 9. Disclosure of Information
OAC 340:25-5-66 [AMENDED]
Part 11. CSED OCCS System Security
OAC 340:25-5-75 [AMENDED]
Part 13. Retention and Destruction of Records
OAC 340:25-5-95 [AMENDED]
Part 15.Case Initiation, Case Management, and Case Closure
OAC 340:25-5-117 [AMENDED]
OAC 340:25-5-123 through 340:25-5-124 [AMENDED]
OAC 340:25-5-124.2 through 340:25-5-124.3 [AMENDED]
Part 17.Past Support
OAC 340:25-5-140 [AMENDED]
Part 20.Medical Support
OAC 340:25-5-168 [AMENDED]
OAC 340:25-5-171 [AMENDED]
Part 21.Establishment
OAC 340:25-5-176 through 340:25-5-176.1 [AMENDED]
OAC 340:25-5-178 [AMENDED]
Part 23.Enforcement
OAC 340:25-5-201.1 [AMENDED]
OAC 340:25-5-203.2 [NEW]
OAC 340:25-5-212 [AMENDED]
OAC 340:25-5-214 [AMENDED]
Part 31. Consumer Reporting Agencies – Credit Bureaus
OAC 340:25-5-265.1 [AMENDED]
Part 39.Accounting and Distribution
OAC 340:25-5-345.2 [NEW]
OAC 340:25-5-350.3 [AMENDED]
OAC 340:25-5-350.4 [NEW]
OAC 340:25-5-352 [NEW]
(Reference APA WF 08-15)
SUMMARY:The proposed revisions to Subchapters 1, 3, and 5 of Chapter 25 update and clarify OCSS 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 that meet or exceed customer needs and expectations, positioning OCSS to be sought out as a family's counsel of choice; (3) address needs identified in the OCSS annual review of rules; (4) respond to legislative changes; (5) improve the establishment of paternity and child support orders; (6) improve the collection and distribution of support payments; (7) update legal citations; and (8) clarify language and correct punctuation and syntax.
340:25-1-1.1 is amended to add definitions for Notice of Income Assignment, OCSS and intrastate case.
340:25-1-1.2 is amended to declare OCSS’ commitment to parties’ rights to have access to courts for the purpose of ownership in the case.
340:25-1-2.1 is amended to:(1) declare OKDHS provides interpretation services at no cost; and (2) add policy on the Oklahoma Employer Services Center.
340:25-1-5 is amended to specify notification of a complaint’s results are in the method requested by the customer.When the requested method is unsuccessful, written notice is used.
340:25-3-1.1 is amended to add definitions for next friend and service of process.
340:25-3-3 is amended to describe when service to the address of record is not appropriate.
340:25-5-123 is amended to add that OCSS may close a child support case when the custodial person receiving non-TANF child only Medicaid benefits is not cooperating and their cooperation is essential in establishing or enforcing a medical child support order.
340:25-5-124 is amended to specify:(1) when applicant for child support services is noncustodial parent, location of custodial person and child is unknown, and there is no prior paternity or child support order established, cases are assigned to district office in county where noncustodial parent resides until custodial person and child are located; and (2) cases are not transferred when custodial person files contempt action in another county.
340:25-5-124.2 is amended to clarify that OCSS retains a tribal case unless noncustodial parent is tribal employee and employer refuses to honor OCSS’sincome withholding order.
340:25-5-124.3 is amended to clarify OCSS dockets a juvenile child support order according to the county of noncustodial parent’s residence, or the last verified address of the noncustodial parent.
340:25-5-171 is amended to: (1) require the National Medical Support Notice be used to enforce medical support against either parent; and (2) specify license revocation and an indirect contempt of court action may be used to compel a custodial person to comply with a medical support order.
340:25-5-176 is amended to clarify:(1) that OCSS only initiates a paternity action when a child has no legal father, and describes when a child has a legal father; and (2) clarify that requests arising from a default paternity order may be from either party but must be in writing.
340:25-5-176.1 is amended to:(1) describe conditions under which OCSS does not object to paternity challenges; and (2) specify paternity challenges brought by a child are reviewed by the state’s attorney who determines if an objection is appropriate under the circumstances.
340:25-5-178 is amended to:(1) emphasize OCSS’ commitment to setting orders that are fair and equitable; and (2) clarify that requests arising from a default paternity order may be from either party but must be in writing.
340:25-5-201.1 is amended to clarify when OCSS terminates or amends an Order/Notice to Withhold Income for Child Support based on a change of physical custody or a closure request by the custodial person.
340:25-5-203.2 adds business process for personal injury and wrongful death liens for past-due child support.
340:25-5-212 is amended to specify OCSS’ business process for conducting administrative reviews of levies on financial institution accounts.
340:25-5-214 is amended to specify OCSS’ business process for releasing passport holds, including input from the custodial person and taking into account potential increased resources for paying child support.
340:25-5-345.2 is added to edit and move existing definitions for finance and accounting terms into one Section.
340:25-5-350.3 is amended to:(1) clarify when OCSS accepts payments other than those paid through the Centralized Support Registry; (2) specify OCSS’ business process for returned payments; and (3) outline process for notifying custodial persons of the activation requirements for using the Oklahoma debit card; and (4) clarifies OCSS action when the card is not activated.
340:25-5-350.4 is added to specify OCSS’ business process for payments that cannot be distributed through the standard process.
340:25-5-352 is reenacted to transfer responsibility for payment adjustments from district offices to the OCSS state office.
340:25-3-1, 340:25-3-5, 340:25-5-66, 340:25-5-75, 340:25-5-95, 340:25-5-117, 340:25-5-140, 340:25-5-168, and 340:25-5-265.1 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.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Commission for Human Services; 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, 302.33, 302.38, 303.6, 307.11, 307.13, and Part 310 of Title 45 of the Code of Federal Regulations; Sections 652 and 666 of Title 42 of the U.S.C. (federal Deficit Reduction Act of 2005); Sections 7700-605 and 7700-621 of Title 10 of the Oklahoma Statutes (Oklahoma Senate Bill 1923 and Oklahoma House Bill 2967); 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; Section 135 of Title 43 of the Oklahoma Statutes (Oklahoma Senate Bill 943); Sections 237 and 240.20 of Title 56 of the Oklahoma Statutes; Section 237B of Title 56 of the Oklahoma Statutes (Oklahoma Senate Bill 943); and Section 240.10 of Title 56 of the Oklahoma Statutes (Oklahoma Senate Bill 2194).
| OKLAHOMA DEPARTMENT OF HUMAN SERVICES Rule Impact Statement |
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:Elizabeth Wilson
OCCS Assistant Director and Policy Attorney (405) 522-2780
Oklahoma Child Support Services
Date:December 11, 2008
Re:Chapter 25. Oklahoma Child Support Enforcement Division Services
Subchapter 1. Scope and Applicability
OAC 340:25-1-1 through 340:25-1-1.2 [AMENDED]
OAC 340:25-1-2.1 [AMENDED]
OAC 340:25-1-5.1 [AMENDED]
Subchapter 3. Commissioned Peace Officers
OAC 340:25-3-1 through 340:25-3-1.1 [AMENDED]
OAC 340:25-3-3 [AMENDED]
OAC 340:25-3-5 [AMENDED]
Subchapter 5. Operational Policies
Part 9. Disclosure of Information
OAC 340:25-5-66 [AMENDED]
Part 11. CSED OCCS System Security
OAC 340:25-5-75 [AMENDED]
Part 13. Retention and Destruction of Records
OAC 340:25-5-95 [AMENDED]
Part 15.Case Initiation, Case Management, and Case Closure
OAC 340:25-5-117 [AMENDED]
OAC 340:25-5-123 through 340:25-5-124 [AMENDED]
OAC 340:25-5-124.2 through 340:25-5-124.3 [AMENDED]
Part 17.Past Support
OAC 340:25-5-140 [AMENDED]
Part 20.Medical Support
OAC 340:25-5-168 [AMENDED]
OAC 340:25-5-171 [AMENDED]
Part 21.Establishment
OAC 340:25-5-176 through 340:25-5-176.1 [AMENDED]
OAC 340:25-5-178 [AMENDED]
Part 23.Enforcement
OAC 340:25-5-201.1 [AMENDED]
OAC 340:25-5-203.2 [NEW]
OAC 340:25-5-212 [AMENDED]
OAC 340:25-5-214 [AMENDED]
Part 31. Consumer Reporting Agencies – Credit Bureaus
OAC 340:25-5-265.1 [AMENDED]
Part 39.Accounting and Distribution
OAC 340:25-5-345.2 [NEW]
OAC 340:25-5-350.3 [AMENDED]
OAC 340:25-5-350.4 [NEW]
OAC 340:25-5-352 [NEW]
(Reference APA WF 08-15)
Contacts:Tammy Hall, Programs Manager (405) 522-0022
Judy Elwell, Policy and Research Analyst (405) 522-2259
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapters 1, 3, and 5 of Chapter 25 update and clarify OCSS 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 that meet or exceed customer needs and expectations, positioning OCSS to be sought out as a family's counsel of choice; (3) address needs identified in the OCSS annual review of rules; (4) respond to legislative changes; (5) improve the establishment of paternity and child support orders; (6) improve the collection and distribution of support payments; (7) update legal citations; and (8) clarify language and correct punctuation and syntax.
Strategic Plan impact.These proposed rules contribute to the Oklahoma Department of Human Services (OKDHS) strategic plan to assist customers in becoming independent, employed, productive citizens; provide services that support and strengthen the family and protect its members; provide services in community-based settings; promote health care and child care accessibility; and continuously improve systems and processes to achieve OKDHS goals.The proposed rules comply with mandatory requirements under welfare reform and position OCSS to improve services to its customers through better communication and greater cooperation with other community service providers and members of the justice community; and stimulate more efficient resource management, reduce child poverty and state expenditures, and empower families to be more self-sufficient.
Reasons.The proposed revisions to Subchapters 1, 3, and 5 of Chapter 25 update and clarify OCSS 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 that meet or exceed customer needs and expectations, positioning OCSS to be sought out as a family's counsel of choice; (2) address needs identified in the OCSS 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 revisions will strengthen families’ self-sufficiency, while reducing child poverty and state expenditures. Failure to adopt these rules could cause OCSS to be in noncompliance with state statutes 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 confusion and delay in providing paternity and child support order establishment, modification, and enforcement of support orders.
Legal authority.Commission for Human Services; 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, 302.33, 302.38, 303.6, 307.11, 307.13, and Part 310 of Title 45 of the Code of Federal Regulations; Sections 652 and 666 of Title 42 of the U.S.C. (federal Deficit Reduction Act of 2005); Sections 7700-605 and 7700-621 of Title 10 of the Oklahoma Statutes (Oklahoma Senate Bill 1923 and Oklahoma House Bill 2967); 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; Section 135 of Title 43 of the Oklahoma Statutes (Oklahoma Senate Bill 943); Sections 237 and 240.20 of Title 56 of the Oklahoma Statutes; Section 237B of Title 56 of the Oklahoma Statutes (Oklahoma Senate Bill 943); and Section 240.10 of Title 56 of the Oklahoma Statutes (Oklahoma Senate Bill 2194).
Permanent approval.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 persons who may be affected by these proposed revisions 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, employers, courts, and taxpayers should benefit from implementation of these proposed revisions.Requiring both parents to financially support their minor children reduces demands placed on publicly funded programs and courts, while simultaneously increasing the probability that a child will succeed in life.
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: These proposed revisions should have a positive economic impact on children, custodial persons, noncustodial parents, and taxpayers.Taxpayers will benefit because of a decrease in demand for public services due to child support collections providing financial support for children and their families.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 OCSS to improve overall services to its customers.These proposed revisions 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 revisions 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: These proposed rules are 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: These proposed rules are 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 OCSS being noncompliant with Oklahoma Senate Bills 943, 1923 and 2194, passed by the 2nd 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 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; and (3) unnecessary expenditure 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 December 11, 2008.Modified January 13, 2009 for permanent rulemaking.
