COMMENT DUE DATE:

May 26, 2009

DATE:

May 21, 2009

Tammy Hall OCSS (405) 522-0022

Dena Thayer PMU Manager (405) 521-4326

Nancy Kelly PMU Specialist (405) 522-6703

RE:

APA WF 09-09

It is very 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 Emergency . This proposal will go to the Commission meeting on

Chapter 25. Oklahoma Child Support Services

Subchapter 1. Scope and Applicability

OAC 340:25-1-1.1 [AMENDED]

Subchapter 5. Operational Policies

Part 9.Disclosure of Information

OAC 340:5-25-67 [AMENDED]

Part 20.Medical Support

OAC 340:25-5-168 [AMENDED]

OAC 340:25-5-169 [AMENDED]

OAC 340:25-5-170 [AMENDED]

OAC 340:25-5-171 [AMENDED]

Part 22. Review and Modification

OAC 340:25-5-198.1 [Amended]

Part 39.Accounting and Distribution

OAC 340:25-5-351 [AMENDED]

(Reference APA WF 09-09)

SUMMARY: The proposed revisions to Subchapters 1, and 5 of Chapter 25 amends the rules to:(1) update and clarify OCSS rules to bring them into compliance with state and federal laws and regulations; (3) implement new processes for establishment enforcement and modification of medical support provisions in child support orders; (4) implement new processes regarding cash medical support provisions when assigned to the Oklahoma Health Care Authority and when seeking non government cash medical support; (5) establish a process for termination of cash medical support; (6) establish new criteria when a case can remain a medical enforcement only case; and (7) establish the priority of allocation and distribution of cash medical support in child support collections.

340:25-1-1.1. is amended to: (1) add definitions for alternative health coverage; cash medical support; current child support; fixed medical, and health insurance; and (2) clarifies existing definitions for medical enforcement only case and medical support.

340:25-5-67. is amended to define that when releasing necessary information to enroll children in health insurance, it must be court-ordered health insurance.

340:25-5-168. is amended to:(1) define the establishment of medical support; (2) provides new processes in compliance with federal regulations and state law for the establishment of medical support orders and termination of cash medical support when OCSS receives information that a child is enrolled in health insurance; (3) clarifies that a child support order must contain a medical support provision; (4) add the standards, exceptions and hierarchy for medical support provisions; (5) provides that OCSS requests a court to give priority to the custodial person when insurance is available to both parents; (6) provides that OCSS requests cash medical support if health insurance is not available under the standards; (7) provides for cash medical support when the children are on a government medical assistance program; (8) provides the monthly amount to be used as the cost of health care for an uninsured child in a non government assistance cash medical support provision; (9) clarifies when OCSS seeks an order for health insurance when a child has Indian Health Services (IHS) and that OCSS does not request a cash medical support provision on IHS cases; and (10) adds Instructions To Staff stating OCSS staff use the gross income of the parent at the time of the order to determine the reasonable cost standard (5%) of the health insurance.

340:25-5-169. is amended to:(1) establishment of medical enforcement only cases; (2) clarifies the process OCSS uses on medical enforcement only (MEO) cases when conducting a review of the child support order and opens a full- service case when assigned cash medical support is owed; (3) adds conditions which OCSS seeks modification of the medical support provision; and (4) adds Instructions To Staff on how OCSS staff build MEO cases and when not to build an MEO case.

340:25-5-170. is amended to:(1) define enforcement of medical enforcement only cases; and (2) clarifies that OCSS enforces only the health insurance portion of a child support order on a medical enforcement only (MEO) case; and does not enforce fixed medical costs on an MEO case.

340:25-5-171. is amended to:(1) define enforcement of a medical support order; (2) clarifies that OCSS does not enforce a medical support order against a third party custodial person; (3) clarifies when an employer states the cost of insurance coverage exceeds the limits of earnings subject to an income assignment that OCSS seeks other coverage or seeks a cash medical order in lieu of insurance; and (4) adds review example in Instructions To Staff when a parent cannot obtain health insurance at a reasonable cost that OCSS seeks cash medical support.

340:25-5-198.1. is amended to:(1) define review of a support order; (2)adds that when a parent requests a review of a medical enforcement only (MEO) case, OCSS changes it to a full service case and notifies the parents; (3) clarifies the initial review and final review process; and (4) adds to Instructions To Staff a list of medical support provision issues that qualify for a modification of a child support order.

340:25-5-351. is amended to:(1) define the allocation and distribution of collections; (2) excludes assigned cash medical support from interest debt collected; (3) adds that OCSS allocates between the current child support and assigned cash medical in proportionate shares when less than the current support due is collected; (4) adds that the cash medical support obligation is met before the current spousal support obligation; (5) adds that OCSS applies collections to past-due current child support and spousal support first and then allocates arrears collections to assigned cash medical support; and (6) adds that collections are allocated for multiple families in the same way as a single family.

EMERGENCY APPROVAL:Emergency rulemaking approval is requested as the purposes of proposed emergency amendments are to codify provisions of state and federal legislation into Chapter 25 of Title 340 of the Oklahoma Administrative Code:Sections 302.56, 303.31, 303.32, and 303.7 of Title 45 of the Code of Federal Regulations (Federal Register/Volume 73, No. 140), which added new requirements for cash medical support and enforcement of a medical support order.Defining cash medical support; requiring all support orders in the IV-D program address medical support and consider health insurance available to either parent; defining reasonable cost of health insurance and reasonable cost of cash medical support; requiring health insurance coverage be accessible; and changing federal substantial-compliance audit and state self-assessment to address medical support requirements.

Oklahoma State Senate Bill 2194, effective July 1, 2009, amending child support guidelines provisions in Sections 118, 118A, 118B, 118C, 118D, 118E, 118F, 118G, 118H, and 118I of Title 43 of the Oklahoma Statutes.Ensuring terms and definitions are used consistently throughout child support guidelines in a child support calculation; adding reasonable cost of and accessibility to health insurance provision; requiring medical support for children from both parents; and reasonable cost of cash medical and providing for computation of cash medical support.

Emergency rules also incorporate the division name change, from Child Support Enforcement Division (CSED) to Oklahoma Child Support Services (OCSS), effective 1/1/09.

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 237 of Title 56 of the Oklahoma Statutes; Sections 652 and 666 of Title 42 of the U.S.C. (federal Deficit Reduction Act of 2005); Sections 302.56, 303.31, 303.32 (National Medical Support Notice Parts A and B), and 303.7 of Title 45 of the Code of Federal Regulations; and Sections 118, 118A, 118B, 118C, 118D, 118E, 118F, 118G, 118H, and 118I of Title 43 of the Oklahoma Statutes (Oklahoma State Senate Bill 2194).

OKLAHOMA DEPARTMENT OF HUMAN SERVICES

Rule Impact Statement

To:Dena Thayer, Programs Manager

Policy Management Unit

From:Gary W. Dart, Oklahoma Child Support Services Director

522-4791

Elizabeth S. Wilson, OCSS Assistant Director

522-2780

Date:May 5, 2009

Re:Chapter 25. Oklahoma Child Support ~~Enforcement Division~~ Services

Subchapter 1. Scope and Applicability

OAC 340:25-1-1.1 [AMENDED]

Subchapter 5. Operational Policies

Part 9.Disclosure of Information

OAC 340:5-25-67 [AMENDED]

Part 20.Medical Support

OAC 340:25-5-168 [AMENDED]

OAC 340:25-5-169 [AMENDED]

OAC 340:25-5-170 [AMENDED]

OAC 340:25-5-171 [AMENDED]

Part 22. Review and Modification

OAC 340:25-5-198.1 [Amended]

Part 39.Accounting and Distribution

OAC 340:25-5-351 [AMENDED]

(Reference APA WF 09-09)

Contact:Linda Chesnutt, Policy Analyst (405) 522-2512

A.Brief description of the purpose of the proposed rules:

Purpose.The purposes of proposed emergency amendments are to codify provisions of state and federal legislation into Chapter 25 of Title 340 of the Oklahoma Administrative Code:Sections 302.56, 303.31, 303.32, and 303.7 of Title 45 of the Code of Federal Regulations (Federal Register/Volume 73, No. 140), which added new requirements for cash medical support and enforcement of a medical support order.Defining cash medical support; requiring all support orders in the IV-D program address medical support and consider health insurance available to either parent; defining reasonable cost of health insurance and reasonable cost of cash medical support; requiring health insurance coverage be accessible; and changing federal substantial-compliance audit and state self-assessment to address medical support requirements.

Emergency rules also incorporate the division name change, from Child Support Enforcement Division (CSED) to Oklahoma Child Support Services (OCSS), effective 1/1/09.

Strategic Plan impact.These emergency 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 emergency rules comply with mandatory requirements under welfare reform and position OCSS to improve services to its customers through better communication and fuller 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.

Substantive changes.

340:25-5-67. is amended to define that when releasing necessary information to enroll children in health insurance, it must be court-ordered health insurance.

Reasons.Emergency approval is requested to the proposed revisions to Subchapters 1, and 5 of Chapter 25 to 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) implement new processes for establishment enforcement and modification of medical support provisions in child support orders; (2) implement new processes regarding cash medical support provisions when assigned to the Oklahoma Health Care Authority and when seeking non government cash medical support; (3) establish a process for termination of cash medical support; (4) establish new criteria when a case can remain a medical enforcement only case; (5) establish the priority of allocation and distribution of cash medical support in child support collections.

In addition, these emergency rules are substantial as they are needed to:(1) To help obtain meaningful medical support for children; (3) implement the medical support changes to the child support guidelines calculations and child support orders set out in SB2194 legislative changes effective July 1, 2009, (4) implement the collection and distribution of cash medical support payments. (6) improve child support services that meet or exceed customer needs and expectations, positioning OCSS to be sought out as a family's counsel of choice.

Repercussions.Failure to adopt these amended rules could result in OCSS not being compliant with federal law and Oklahoma Statutes effective July 1, 2009, relating to the medical support elements of the calculation of child support guidelines for a child support order, and failure to obtain reasonable and accessible health insurance for children in OCSS child support cases, collect cash medical support and distribute to the custodial parent or the Oklahoma Health Care Authority, and review child support orders for the purpose of medical support provisions.This will result in confusion and delay in providing OCSS services regarding child support order establishment, modification and enforcement.

Legal authority.Commission for Human Services; Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution;

~~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 237 of Title 56 of the Oklahoma Statutes; Sections 652 and 666 of Title 42 of the U.S.C. (federal Deficit Reduction Act of 2005); Sections 302.56, 303.31, 303.32 (National Medical Support Notice Parts A and B), and 303.7 of Title 45 of the Code of Federal Regulations; and Sections 118, 118A, 118B, 118C, 118D, 118E, 118F, 118G, 118H, and 118I of Title 43 of the Oklahoma Statutes (Oklahoma State Senate Bill 2194).

Emergency approval is requested effective July 1, 2009, to comply with Senate Bill 2194, which becomes effective July 1, 2009.Also, to avoid possible imminent peril of the health of children, it is imperative that OCCS staff include health insurance that is reasonable and accessible or alternatively request cash medical support in the calculation of a child support guidelines computation.When a child’s health care needs are included in a child support order, this ensures that the parents are providing for the children’s health care needs adequately based on the findings of the court.

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 medical support, noncustodial parents who owe child support, alleged fathers, custodial persons who are owed child support, parents of children in OKDHS custody, parents and guardians of minor noncustodial parents, participants in a juvenile case, district attorney offices, district courts, office of administrative hearings, 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 rules.Requiring both parents to financially support their minor children including providing medical support, 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 rules should have a positive economic impact on children, custodial persons, noncustodial parents, and taxpayers.Proactive establishment of medical support for child support cases, review and modification of a child support order to enforce medical support enforcement will increase medical support orders, as OCSS discovers sources of private sector group health insurance through employers previously unknown.

Taxpayers will benefit because of a decrease in demand for public health services due to the requirement for a child support order requiring a parent to provide health insurance or cash medical support when insurance is not available at reasonable cost or accessible.Child support collections will increase and custodians will receive additional financial support for their children and 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 medical support establishment and medical support enforcement of child support orders will save state money and allow OCSS 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: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 in noncompliance with Oklahoma Senate Bill 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 accurate child support computations, including a provision for medical support for the children, in child support order establishment, modification and enforcement of medical support orders; 4) inaccurate finance collections, allocation, and distributions to the custodial parents, and the Oklahoma Health Care Authority; 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 and modified May 8, 2009.

CHAPTER 25. OKLAHOMA CHILD SUPPORT SERVICES

SUBCHAPTER 1. SCOPE AND APPLICABILITY

340:25-1-1.1. Definitions

Revised ~~7-1-09~~ 8-1-09

The following words and terms, when used in this Chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Address of record" means an address for a party or a custodial person in the Central Case Registry of Oklahoma Child Support Services (OCSS) that is used for service of process in support, custody, and visitation actions.An address of record may be different from the party's or custodial person's physical address.

"Alleged father" means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined.[10 O.S. § 7700-102]

"Alternative health coverage" means health care services other than health insurance, including, but not limited to, Indian Health Services (IHS) or Defense Eligibility Enrollment Reporting System (DEERS), which is available to either parent under which medical services could be provided to the dependent child(ren).

"Annual notice" means the yearly notice provided for in Section 237A of Title 56 of the Oklahoma Statutes to notify the noncustodial parent and custodial person of the amount due, actions that may be taken to enforce the child support obligation, actions required of the noncustodial parent and custodial person, and other related information and instructions.

"Arrears," "arrearage," or "past-due support" means the total amount of unpaid support obligations that has accrued under a support order.See also the definition for "delinquency" in this Section.

"Assignment" means any transfer of rights to support to the State of Oklahoma under Sections 608 and 671 of Title 42 of the United States Code or any transfer of rights to medical support and to payment of medical care from any third party under Section 433.146 of Title 42 of the Code of Federal Regulations.

"Authorized representative" means a person designated by a custodial person, noncustodial parent, or biological parent according to OAC 340:25-1-3.1.

"Biological parent" means the natural parent of a child.

"Case" means the relationship of a particular group of people bound by legal rights and duties for the support of a child(ren) who is receiving or has received child support services and all of the records and actions associated with the group.

"Cash medical support" means an amount ordered to be paid toward the cost of health coverage instead of insurance.

"Central Case Registry" means Oklahoma's repository for Part D of Subchapter IV of Chapter 7 of Title 42 of the United States Code (IV-D) cases and child support orders established or modified in Oklahoma after October 1, 1998.It includes, but is not limited to, information required to be transmitted to the Federal Case Registry under Section 654a of Title 42 of the United States Code.OCSS maintains the Central Case Registry under Section 112A of Title 43 of the Oklahoma Statutes.

"Centralized Support Registry" means a repository maintained by ~~CSED~~ OCSS to receive, allocate, and distribute support payments, including child support, spousal support when paid in conjunction with child support, and related support payments under Section 413 of Title 43 of the Oklahoma Statutes.It serves as Oklahoma's State Disbursement Unit under Section 654b of Title 42 of the United States Code.The Centralized Support Registry processes payments:

(A) in all cases in which child support services are being provided under the state child support plan as provided under Section 237 of Title 56 of the Oklahoma Statutes until all monies owed for child support are no longer owed;

(B) in all other cases in which support is being paid by income withholding; and

"CSED" means the Child Support Enforcement Division of the Oklahoma Department of Human Services and is also known as Oklahoma Child Support Services (OCSS).~~CSED~~ OCSSincludes a central state office, district offices, and other offices that may be administered through contract or cooperative agreements with district attorneys, Community Action Program (CAP) agencies, and others.~~CSED~~ OCSSincludes all of these offices and their employees and agents.

"Current child support" means the base child support obligation and the proportional share of health insurance costs, fixed medical costs, transportation expenses, and annualized child care costs.Current child support does not include cash medical support.

"Custodial person" or "custodian" means the person who has primary physical custody of the child(ren).

"Delinquency"means any payment under an order for support which becomes due and remains unpaid.[12 O.S. §1170 and 56 O.S. § 237.7]

"District office" means a child support services office operated by OKDHS or through contract or agreement with OKDHS to serve a specific area of the state.

"Family violence" means domestic abuse or child abuse, including physical or emotional harm.

"Fixed medical" means fixed periodic payments for ongoing medical costs not paid or reimbursed by insurance, or included in a cash medical support order.

"Full-service case" means a child support case for which OCSS provides all appropriate IV-D services as described in OAC 340:25-1-1.2.

"Health insurance" means a health care plan provided through:

(A) fee for service;

(B) health maintenance organization; or

"High-volume administrative enforcement cases in interstate actions" means, on request of another state, the identification by a state, through automated data matches with financial institutions and other entities where assets may be found, of assets owned by persons who owe child support in other states, and the seizure of such assets by the state through levy or other appropriate processes.[42 U.S.C. § 666]

"Income assignment" means an assignment, by operation of law or by court or administrative order, of a portion of the monies, income, or periodic earnings due and owing by the noncustodial parent to the person entitled to the support or to another person designated by the support order or assignment.An income assignment may be for payment of current support, arrearages, or both.The terms "income assignment" and "income withholding" may be used interchangeably.[12 O.S. § 1170 and 56 O.S. § 237.7]

"Interstate case" means a case in which at least one party resides in another state or country, or a support order was entered in another state or country.

"Intrastate case" means a case existing or occurring within the boundaries of a single state.

"IV-A" means Title IV, Part A, of the Social Security Act, codified in Part A of Subchapter IV of Chapter 7 of Title 42 of the United States Code, covering the federal‑state Temporary Assistance for Needy Families (TANF) Program.

"IV-B" means Title IV, Part B, of the Social Security Act, codified in Part B of Subchapter IV of Chapter 7 of Title 42 of the United States Code, covering child welfare services.

"IV-D" means Title IV, Part D, of the Social Security Act, codified in Part D of Subchapter IV of Chapter 7 of Title 42 of the United States Code, generally relating to child support.

"IV-D case" means a child support case receiving IV-D services.

"IV-D programs and services" means programs and services under Title IV, Part D, of the Social Security Act, codified in Part D of Subchapter IV of Chapter 7 of Title 42 of the United States Code.

"IV-E" means Title IV, Part E, of the Social Security Act, codified in Part E of Subchapter IV of Chapter 7 of Title 42 of the United States Code, covering foster care.

"IV-E foster care" means federal and state funded placement of a child(ren) removed from a home whose family members meet the eligibility criteria for federal participation for IV-E foster care.

"Medicaid" "SoonerCare (Medicaid)," or "Title XIX" means medical assistance provided under a state plan approved under Title XIX of the Social Security Act, codified in Subchapter XIX of Chapter 7 of Title 42 of the United States Code.

"Medical enforcement only case" or "MEO case" means a child support case for which OCSS provides only IV-D services related to securing and enforcing medical support to non‑TANF SoonerCare (Medicaid) recipients.

"Medical support" means health ~~or dental~~ insurance, ~~coverage or health benefits ordered to be paid by a parent(s)~~ alternative health coverage, cash medical support, or a combination of these for the benefit of a minor child(ren).

"Member of military service" or "servicemember" means any member of the uniformed service on active duty, including the Army, Navy, Air Force, Marine Corps, and Coast Guard.Also included are members of the National Guard called to active service, certain members of the Public Health Service, and the National Oceanic and Atmospheric Administration, members of the Reserves when ordered to report for active military duty, and United States citizens serving with the military of other countries if their service is similar to military service.[50A U.S.C. §§ 511, 514, and 516]A servicemember may be a noncustodial parent or a custodial person.

"Noncustodial parent" means a parent who does not have primary physical custody of the child(ren).

"Non-IV-D case" means a private child support case not receiving IV-D services.

"Non-IV-E foster care" means state funded placement of a child(ren) removed from a home where the child(ren) does not meet federal IV-E participation requirements.

"Notice of Income Assignment"means the tool used to effect the income withholding process.This document is used to notify employers and other withholders to deduct child support payments from noncustodial parents' income and to send the payments to Oklahoma's Centralized Support Registry for distribution. The terms "income withholding" and "income assignment" may be used interchangeably.

"OAH" means the OKDHS Office of Administrative Hearings: Child Support, which conducts child support administrative hearings.

"Obligee" or "person entitled" means:

(A) a person to whom a support debt or support obligation is owed;

(B) the Department of Human Services or a public agency of another state that has the right to receive current or accrued support payments or that is providing support enforcement services; or

"Obligor" means the person who is required to make payments under an order for support.[12 O.S. § 1170 and 56 O.S. § 237.7]

"OCSS" means Oklahoma Child Support Services.OCSS includes a central state office, district offices, and other offices that may be administered through contract or cooperative agreements with district attorneys, Community Action Program (CAP) agencies, and others.OCSS includes all of these offices and their employees and agents.OCSS is formerly known as the Child Support Enforcement Division of the Oklahoma Department of Human Services.

"Offset" means an amount of money intercepted from a noncustodial parent's state or federal tax refund, or from an administrative payment such as federal retirement benefits, to satisfy a child support debt.

"OKDHS" means the Oklahoma Department of Human Services.OKDHS is the state agency designated to administer the child support program for the State of Oklahoma.

"Overpayment" means a payment to a custodial person, noncustodial parent, or other entity by OCSS to which the entity or person is not entitled.

"Participant in a case" means a child, parent or alleged father, or custodial person associated with a child support services case.

"Past support" means past-due support or support for a prior period.See the definition for "arrears" in this Section.

"Payment plan"includes, but is not limited to, a plan approved by the court or the support enforcement entity that provides sufficient security to ensure compliance with a support order or that incorporates voluntary or involuntary income assignment or a similar plan for periodic payment of past-due support and, if applicable, current and future support.[43 O.S. § 139.1 and 56 O.S. § 237.7]A payment plan is intended to incrementally reduce arrears.

"Payor"means any person or entity paying monies, income, or earnings to an obligor.In the case of a self-employed person, the "payor" and "obligor" may be the same person.[12 O.S. § 1170 and 56 O.S. § 237.7]

"Presumed father" means a man who, by operation of law under Section 7700-204 of Title 10 of the Oklahoma Statutes, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding.[10 O.S. § 7700-102]

"Social Security Act" means Public Law 74-271, approved August 14, 1935, as currently in effect.

"State’s attorney" means a lawyer employed in the child support program to represent the state in rendering services pursuant to the Social Security Act, codified in Part D of Subchapter IV of Chapter 7 of Title 42 of the United States Code.

"Support" means all payments or other obligations due and owing to the custodial person or person entitled by the noncustodial parent under a support order, and may include, but is not limited to, child support, medical insurance or other health benefit plan premiums or payments, child care obligations, support alimony payments, and other obligations as specified in Section ~~118~~ 118A of Title 43 of the Oklahoma Statutes.[56 O.S. § 237.7]

"Support for a prior period" means the amount of child support ordered under the child support guidelines in Sections 118 ~~and~~ through 119 of Title 43 of the Oklahoma Statutes in paternity orders and in TANF notice of support debt orders for past months when no child support order was in effect.

"Support order" means a judgment, decree, order or directive, whether temporary, final, or subject to modification, issued by a tribunal for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees, and other relief.[43 O.S. § 601-101]

"TANF" means Temporary Assistance for Needy Families.TANF replaces Aid to Families with Dependent Children (AFDC).

"Tribunal"meansa court or administrative agency authorized to establish, enforce, or modify support orders, or determine parentage.[43 O.S. § 601-101]

"UIFSA" means the Uniform Interstate Family Support Act.In Oklahoma, UIFSA is codified at Sections 601-100 through 601-901 of Title 43 of the Oklahoma Statutes.

"Unreimbursed public assistance" means money paid as cash assistance from IV-A and IV-E programs that has not yet been recovered.

"UPA" means the Uniform Parentage Act.In Oklahoma, the UPA is codified in Sections 7700-101 through 7700-902 of Title 10 of the Oklahoma Statutes.

SUBCHAPTER 5. OPERATIONAL POLICIES

PART 7. THE CASE RECORD - COMPUTER FILE RECORDS AND CASE FOLDERS

340:25-5-67. Information disclosure

Revised ~~7-1-07~~ 8-1-09

(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. [56 O.S. § 183]¢ 1

(1)All files and records concerning the assistance or services provided under the Child Support Enforcement Program or concerning an alleged father of a child born out of wedlock are confidential except as otherwise authorized by law.[56 O.S. § 237]

(2) Any information the ~~Child Support Enforcement Division (CSED)~~ Oklahoma Child Support Services (OCSS) obtains from federal or state agencies is subject to limitations on disclosure imposed by laws governing the information received from those agencies.~~CSED~~ OCSSdoes not disclose or use the contents of any child support records, files, papers, or communications for purposes other than those directly connected to the administration of the Child Support Enforcement Program.

(3) Nothing in this Section authorizes disclosure of the location of a case participant with a family violence indicator set under OAC 340:25-5-67.1.

(b) Authorized disclosure.Information, when requested per OAC 340:25-5-68, may be shared with:¢ 2

(1) persons duly authorized by the United States in connection with the performance of their official duties,[56 O.S. § 183]including, but not limited to:

(A) exchange of information to the extent necessary to carry out the state agency IV-D program responsibilities directly and through statewide automated data processing and information retrieval networks within the Oklahoma Department of Human Services (OKDHS), with authorized representatives of OKDHS divisions and other agencies of the State of Oklahoma and other states, and with federal and tribal agencies and other countries;

(B) exchange of information directly and through statewide automated data processing and information retrieval networks with representatives of OKDHS and other state agencies administering programs under Titles IV-A, IV-E, and XIX of Subchapter IV of Chapter 7 of Title 42 of the United States Code, to the extent necessary to carry out state agency Titles IV-A, IV-E, and XIX responsibilities;

(C) release of information received from the Federal Parent Locator Service, through the State Parent Locator Service, to an authorized person under Section 663 of Title 42 of the United States Code 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 United States Code to the extent necessary to carry out state agency Titles IV-B and IV-E responsibilities; and

(ii) the United States or the State of 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¢ 3

(D) release of Social Security numbers for child support enforcement purposes, such as locating the parents, submitting cases for federal administrative and income tax refund offset, state income tax refund offset, financial institution data match, enrolling children as beneficiaries of health insurance coverage, and processing interstate child support enforcement;

(2) parties to a child support case, their attorneys, interpreters, and authorized representatives, who may only access:

(A) pay records and payment calculations;

(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 to be disclosed for the purpose of reviewing, establishing, or modifying a support order; and

(E) information necessary to enroll children as beneficiaries of court-ordered health insurance coverage;

(3) parents or custodial persons requesting disclosure of address of record under Section 112A of Title 43 of the Oklahoma Statutes and OAC 340:25‑5‑340.1; and

(4) persons as directed by court order or by a subpoena that has been approved by a child support attorney.¢ 4

INSTRUCTIONS TO STAFF 340:25-5-67

Revised 7-1-06

1.No employee or agent of the Oklahoma Department of Human Services (OKDHS) accesses or uses confidential information or data obtained though the Child Support Enforcement Program except on a need to know basis in the performance of his or her official duties as an employee or agent of OKDHS.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.

(1) Instances of inappropriate access or misuse of confidential information by:

(A) any employee or agent of OKDHS is reported by child support staff to their own supervisors; and

(B) an agent of OKDHS is reported by child support supervisors to the supervisor of the agent.

(2) Supervisors of OKDHS employees and supervisors of OKDHS agents must take appropriate action consistent with DHS:2-1-7.

2.Release of information.

(1) The Child Support Enforcement Division (CSED) releases written child support payment information to housing authorities and other entities upon written authorization of the custodial person or noncustodial parent.District offices may coordinate this release of information to housing authorities with the CSED Legal and Community Collaboration Unit.

(2) CSED does not release child support payment information to Child Welfare (CW) staff without a court order unless the reason for release is to establish or enforce a child support order.

(3) When it furthers the provision of IV-D services as described in OAC 340:25‑1-1.2, CSED releases information to entities such as:

(A) agents administering the Welfare-to-Work Program;

(B) personnel in the juvenile court system pursuing delinquent and deprived juvenile court actions; and

(C) law enforcement personnel prosecuting federal and state child support enforcement crimes.

(4) CSED does not release information to law enforcement personnel prosecuting crimes unrelated to the provision of IV‑D services as described in OAC 340:25-1-1.2.

(5) When it furthers the provision of IV-D services as described in OAC 340:25-1-1.2, CSED provides limited electronic access to case information to OKDHS staff administering programs under Titles IV-A, IV-B, IV-E, and XIX.

(A) CSED encourages authorized OKDHS staff in other divisions to obtain child support case record information through viewing applicable automated Oklahoma Support Information System screens.

(B) CSED provides child support information directly by e‑mail, telephone, or letter to authorized OKDHS staff.

3.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 and/or IMS system, as a PSA case type in KIDS and a CPSA designation in IMS on a CW case, child support staff release locate information to OKDHS Children and Family Services Division at 405-521-2283.

(2) When CW staff request Federal Parent Locator Service (FPLS) information from CSED that furthers only IV-B or IV-E purposes, CW staff must submit a request to the State Parent Locator Service (SPLS) in the Programs Unit of CSED.For example, CW staff may request locate information from SPLS to locate a non-parent for researching a possible placement for a deprived child.

(A) Child support staff direct authorized persons requesting FPLS information to submit their requests to the SPLS.

(B) The SPLS provides the information to the requester in person or by e‑mail, telephone, or letter, rather than through the automated system.

(3) For further information concerning release of FPLS information, see:

(A) the Federal Register, Volume 69, Number 148, dated August 3, 2004;

(B) the Federal Register, Volume 63, Number 162, dated August 21, 1998; and

(C) the federal Office of Child Support Enforcement (OCSE) Action Transmittal AT‑03‑06, available from the OCSE Web site at http://www.acf.dhhs.gov/programs/cse/pol/AT/2003/at-03-06.htm.

4.A subpoena is not a court order requiring automatic release of information.Child support attorneys review court orders and subpoenas before CSED releases information as directed by a court order or subpoena.

PART 20. MEDICAL SUPPORT

340:25-5-168. Establishment of medical support

Revised ~~7-1-09~~ 8-1-09

(a) Scope and applicability. Oklahoma Child Support Services (OCSS):

(1) Section 666 of Title 42 of the United States Code;

(2) Sections 302.33, 302.56, 303.7, 303.30, and 303.31 of Title 45 of the Code of Federal Regulations; and

(3) Section 6058A of Title 36, Sections 112, 118, 118.2, and 119 of Title 43, and Section 237 of Title 56 of the Oklahoma Statutes.¢ 1

(b) Medical support provision of child support order. A child support order established by OCSS must contain a medical support provision ~~for medical support~~.~~The medical support provision must include one of the provisions in (1) through (4) of this subsection.~~ ¢ 2

~~(1)~~ ~~Either or both parents~~ ~~must secure health insurance for the minor child(ren) when it is available through an employer or other group health insurance plan.~~

(2) Neither parent is required to secure health insurance for the minor child(ren).Alternative health coverage includes, but is not limited to, an individual policy for the child(ren), Indian Health Services, and military dependent benefits.

~~(3)Either or both parents are required to secure health insurance for the minor child(ren) in addition to Indian Health Services (IHS).~~

~~(4)Either or both parents are required to seek alternative health coverage other than~~ SoonerCare (Medicaid) if an employer or other group plan is not available at reasonable cost and/or is not accessible.Any alternative health coverage must comply with (1) and (2) of subsection (c) of this Section.

(1) deducts from the total insurance premium, the cost of coverage for the parent;

(2) deducts from the total insurance premium, the cost of coverage for any other adults in the household, when that cost information is available;

(3) divides the remainder by the number of dependent children covered; and

(4) multiplies the amount per child by the number of children in the child support case under consideration. ¢ 3 & 4

(cd) Standards for ~~health coverage~~ medical support provision.When ~~OCSS seeks an order for health coverage, OCSS applies the~~ choosing a medical support provision, OCSS requests the court to apply the standards in (1) and (2) of this subsection apply:.

(1) Health insurance is must be reasonable in cost, which means that the actual out-of-pocket premium cost paid ~~by the insured~~ does not exceed five percent of the gross income of the parent who is ordered to provide health insurance. ¢ 3, 5, & 6~~To calculate the actual premium cost of the health insurance, OCSS:~~

~~(A) deducts from the total insurance premium the cost of coverage for the parent;~~

~~(B) deducts from the total insurance premium the cost of coverage for any other adults in the household, when that cost information is available;~~¢ 4

~~(C) divides the remainder by the number of dependent children covered; and~~

~~(D) multiplies the amount per child by the number of children in the child support case under consideration.~~

(2) Health insurance is provider must be accessible, which means that there are available providers appropriate to meet the child(ren)’s individual health care needs no more than 60 miles one-way from the primary residence of the child(ren).¢ 5

(de) Exceptions to standards for medical support provision.If the parents agree or the court otherwise orders, the cost of health insurance may exceed five percent of the gross income of the parent ordered to provide health insurance and/or accessibility may exceed 60 miles one-way from the primary residence of the child(ren).When the parents agree or it is otherwise appropriate OCSS requests the court to make an exception to the standards for health coverage based on:

(1) the reasonable cost of health insurance exceeds five percent of the gross income of the parent ordered to provide health insurance; or

(2) the closest insurance provider exceeds 60 miles one-way from the primary residence of the child(ren).

(ef) Hierarchy of medical support provisions.The provision for medical support must be consistent with one of the priorities listed in (1) through (4) of this subsection.¢ 2

(1) Health insurance is provided through a parent’s employer or other available group health insurance plan.

(2) No coverage is available under paragraph (1) of this subsection, and a private insurance policy or group health insurance is available to the child(ren) through another source, such as a third party custodian or spouse of a parent, OCSS:

(A) seeks an order for the parent to provide health insurance when insurance is provided through the spouse of a parent; or

(B) seeks an order for the third party custodian to provide health insurance when insurance is provided through a third party custodian and the third party custodian has requested an order to provide the coverage.

(3) No health coverage is available under paragraphs (1) or (2) of this subsection, and alternative health coverage including, but not limited to, Indian Health Services (IHS) and Defense Eligibility Enrollment Reporting System (DEERS) is available to the child(ren).

(4)If none of the provisions in paragraphs (1) through (3) of this subsection are available at reasonable cost or are not accessible, the custodial person is required to make application for the child(ren) for health coverage through a government medical assistance program, such as SoonerCare (Medicaid).

(g) Health coverage preference.When health coverage meeting standards in subsection (d) of this Section is available to both parents, OCSS requests the court give priority to the preference of the custodial person.

(h) Exceptions to hierarchy.OCSS requests a cash medical order instead of an order for health coverage by the noncustodial parent under paragraphs (1) or (2) of subsection (f) of this Section when:

(1)the court determines an order for health insurance is inappropriate due to family violence concerns; or

(2)the obligor is an applicant for a governmental medical assistance program, such as Insure Oklahoma, State Children’s Health Insurance Program (S-CHIP), or SoonerCare (Medicaid).

(i) Cash medical support.When paragraph (4) of subsection (f) of this Section is chosen as the provision for medical support, OCSS requests the court order cash medical support to be paid by the noncustodial parent(s) until insurance is provided under paragraphs (1) through (3) of subsection (f) of this Section.

(1) If the child(ren) is covered by a government medical assistance program, the cash medical order is computed by using the Cash Medical Income Guidelines Table as found in the child support computation form prescribed by OCSS and published by the Administrative Office of the Courts on the Oklahoma State Courts Network site under Section 120 of Title 43 of the Oklahoma Statutes.

(2) If the child(ren) is not covered by a government medical assistance program, the cash medical order is computed by:

(A) multiplying the amount of $115, which represents the average monthly cost of health care for uninsured children, by the number of children not covered by insurance;

(B) pro rating the result by the percentage of income for each parent; and

(3) The cash medical support order must not exceed five percent of the gross income of the parent who is ordered to pay cash medical support unless the parties agree or the court orders that the gross income may exceed five percent.

(j) Termination of cash medical support.

(1) When OCSS receives notice that the parent ordered to pay cash medical support has enrolled the child(ren) in health insurance, OCSS sends a Notice of Proposed Termination of Cash Medical Support to all parties in the case by regular mail.When a party believes the child(ren) is not actually covered by health insurance, a party may request a review of the termination of cash medical support within 10 days from the date of mailing of the notice.¢ 7

(2) When a party requests a review to contest the Notice of Proposed Termination of Cash Medical Support, OCSS reviews the case within 10 days of receipt of the request and determines if termination of cash medical support is proper based on information provided by the contesting party. OCSS notifies the parties of the review decision. ¢ 7

(3) When the request for review is denied, parties have 15 days from the date of mailing of the review decision to request a hearing on the termination of cash medical support.

(4) OCSS files a Notice of Termination of Cash Medical Support with the proper court when:

(A) either party does not request a review within the 10 day time period; or

(B) no party requests a hearing after OCSS notifies them of the review decision.

(k) Fixed medical costs. If the parties agree or the court orders, OCSS includes the total monthly fixed medical costs in the child support guidelines computation.If the obligor’s share of fixed medical costs exceeds five percent of the obligor’s gross income and the parties do not agree to exceed the five percent standard, OCSS requests the court determine the monthly amount of fixed medical costs included in the current child support order.

(fl) Indian Health Services (IHS).

(1) A child support order that provides for the enrollment of a child(ren) in Indian Health Services may ~~be considered sufficient to satisfy the requirement of~~ comply with the standards in subsection ~~(b)~~ (d) of this Section.OCSS seeks an order for either or both parents to secure health insurance for the minor child(ren) when:

(A) IHS does not meet the standards in subsection (d) of this Section; or

(B) it health insurance is available through an employer or other group plan~~, in addition to IHS, upon request of the custodial person or noncustodial parent~~ and the custodial person requests it.

(2) OCSS does not request cash medical support when IHS is the chosen provider.

(gm) Notification requirements. The noncustodial parent and the custodial person must notify OCSS in writing within 30 days after:

(1) health insurance becomes available;

(2) the cost of existing health insurance changes; or

(3) other provisions of existing health insurance change.

(hn) Modification request. When a child support order exists, OCSS considers a request to establish a medical support order as a request for modification of the order under Section 118.1 of Title 43 of the Oklahoma Statutes.OCSS seeks a medical support order in a tribunal that has jurisdiction to modify the child support order.

INSTRUCTIONS TO STAFF

Revised ~~7-1-09~~ 8-1-09

1.In cases referred to ~~the~~ Oklahoma Child Support Services (OCSS) by a Family Support Services (FSS) worker, OCSS provides all appropriate IV-D services unless the person requests medical enforcement only.OCSS opens a full-service case when the FSS worker enters "Y" on the ED screen on the PS2 automated system.

2.If the parties state that health coverage is available, but there is no proof that it is in effect at the time the order is entered, OCSSseeks a temporary medical support order until proof of coverage is received.A final order may then be obtained.

3.Child support staff determine the out-of-pocket cost for health insurance by subtracting any amount paid by the employer through a benefit allowance from the premium amount paid by the insured.

4.(a) If the cost of the insurance premium for other adults in the household is included with the cost for the child(ren) and information is not available to determine a separate amount for the other adults, child support staff use this premium cost to determine the amount per child.

(b) For example, the total health insurance premium is $275.The portion of the premium for the parent carrying the insurance is $75.The portion of the premium for the other adults in the home is unknown and cannot be determined.The number of children covered is four.The number of children in the child support case is three.The cost of the insurance premium for each child in the child support case is $50 ($275 - $75 = $200 ¸ 4 = $50 x 3 = $150).

5.Examples of when health insurance does not meet the standards for health coverage include when the noncustodial parent has:

(1) gross income of $1,733 a month and has an employer sponsored plan that would cost the parent $225 a month in out-of-pocket premium costs for three children in the case under consideration.OCSS does not consider the contribution to the premium that might be made by another person or other entity.Since $225 is more than ten percent of the $1,733, the cost of the insurance is not considered reasonable.;and

(2) available health coverage, but the nearest network provider is 60 miles one-way from the primary residence of the child(ren).

6.When applying the reasonable cost standard, child support staff use the gross income of the parent at the time the order is established to determine whether the actual premium cost of available coverage for the child(ren)'s portion only exceeds the five percent of the parent’s gross income.

7. (a) When a request for review is received, OCSS staff use the first day of the second month following the date the Notice of Proposed Termination of Cash Medical Support as the termination date for the cash medical support.

(b) When OCSS staff deny a request for review of termination of cash medical support:

(1) staff update the child support case information on the automated Oklahoma Support Information System (OSIS) to remove the cash medical support amount in the current monthly child support obligation; and

(2) generate an amended Notice of Income Assignment to the employer that does not include the cash medical support amount.

(c) Examples of cases in which termination of cash medical support is appropriate include:

(1) OCSS staff have received notice that a parent’s employer has enrolled the child in health insurance;

(2) OCSS staff have received notice that the child is enrolled in health insurance through a private insurance policy or group health insurance through another source, such as a third party custodian or spouse of a parent; and

(3) OCSS staff have received notice that the child is enrolled in alternative coverage such as Indian Health Services (IHS) or Defense Eligibility Enrollment Reporting System (DEERS).

(d) Examples of cases in which termination of cash medical support isnot appropriate include:

(1) OCSS staff have information that a parent’s employer has health insurance available but staff have not received notice that the employer has enrolled the child in health insurance; or

(2) OCSS staff have information that the child may be eligible for Indian Health Services (IHS) services or Defense Eligibility Enrollment Reporting System (DEERS) but have not received notice that the child is enrolled in this alternative coverage.

340:25-5-169. Establishment of medical ~~support only~~ enforcement only cases

Revised ~~7-1-05~~ 8-1-09

(a) Medical enforcement only (MEO) status.When a person receiving non-TANF (Temporary Assistance for Needy Families) Medicaid notifies ~~the~~ Oklahoma Child Support Services ~~Enforcement Division (CSED)~~ (OCSS) that only IV-D services related to securing medical support are requested, OCSS updates the case as an MEO case and does not provide full child support services under OAC 340:25-1-1.2.~~CSED~~ OCSS follows Sections 302.33, 302.56, 303.30, and 303.31 of Title 45 of the Code of Federal Regulations,; Section 6058A of Title 36, Sections 112, 118, 118.2, and 119 of Title 43,; and Section 237 of Title 56 of the Oklahoma Statutes.¢ 1 & 2

(b) Services provided on MEO cases.

(1) ~~CSED~~ OCSS establishes paternity, if necessary, and a child support order.The child support order must include:

~~(1)~~(A) a provision for current child support as described in OAC 340:25-5-178;

~~(2)~~(B) a provision for support for a prior period under OAC 340:25-5-179.1, if when appropriate; and

~~(3)~~(C) a provision for medical support as described in OAC 340:25-5-168.

(2) OCSS conducts a review of the order under OAC 340:25-5-198.1 and seeks a modified order that includes a provision for medical support when:

(A) the existing child support order does not include a medical support provision;

(B) no insurance is available for the child(ren); or

(C) a parent or custodial person claims that the available health insurance is not accessible or is not reasonable in cost.

(c) Exception to MEO status. ~~CSED~~ OCSS opens a full-service case when ~~CSED~~ OCSS receives a non-TANF Medicaid referral from the Family Support Services worker in which:

(1) assigned court-ordered child support is owed under OAC 340:25-5-117;

(2) the child(ren) is in a deprived or delinquent juvenile court action; or

(3) assigned cash medical support is owed under OAC 340:25-5-117; or

(4) the custodial person is a child care subsidy recipient.¢ 1 through 3

INSTRUCTIONS TO STAFF

Issued 8-1-09

1.Oklahoma Child Support Services (OCSS) staff initially build all cases as full-service cases.When a child support order has been established, OCSS staff indicate that the custodial person has requested a medical enforcement only (MEO) case by updating the Custodial Person Data Update (CCPU) screen on the Oklahoma Support Information System (OSIS) with an MEO begin date.

2.When the child(ren) on the case is on SoonerCare (Medicaid) and health insurance is ordered for the child(ren), OCSS staff update the case as an MEO case upon the request of the custodial person.

3.When OCSS establishes a child support order with a medical support provision for cash medical support assigned to the Oklahoma Health Care Authority under OAC 340:25-5-117, OCSS staff must not update the case as an MEO case.

340:25-5-170. Enforcement of medical ~~support~~ enforcement only cases

Revised ~~7-1-06~~ 8-1-09

When a person receiving non-TANF Medicaid requests medical enforcement only services, Oklahoma ~~the~~ Child Support ~~Enforcement Division (CSED)~~ Services (OCSS) enforces only the ~~medical support~~ health insurance portion of the child support order through the use of the National Medical Support Notice as described in OAC 340:25-5-171.~~CSED~~ OCSS does not enforce the payment of child support or fixed medical support through the Order/Notice to Withhold Income for Child Support or any other enforcement remedy in a medical enforcement only case.

340:25-5-171. Enforcement of a medical support order

Revised ~~7-1-09~~ 8-1-09

(a) When a parent has been ordered to provide health insurance for the child(ren) and has failed to voluntarily enroll the child(ren), Oklahoma Child Support Services (OCSS), uses the National Medical Support Notice (NMSN) to aid in enrolling the child(ren) in the group health plans for which a parent is eligible.OCSS sends the NMSN to the noncustodial parent's employer as required by Section 666 of Title 42 of the United States Code, Section 609 of the Employee Retirement Income Security Act of 1974, Section 303.32 of Title 45 of the Code of Federal Regulations, and Section 6058A of Title 36 and Section 118.2 of Title 43 of the Oklahoma Statutes.

(b) When a child is eligible for enrollment in the United States Department of Defense's managed health care program, TRICARE, (a) of this Section does not apply.OCSS notifies the custodial person to contact the Defense Manpower Data Center Support Office at 1-800-538-9552 to enroll the child, using the Defense Enrollment Eligibility Reporting System registration process.¢ 1

(c) If the employer response to the NMSN indicates that enrollment cannot be completed because of the cost of coverage exceeds the limits of earnings subject to income assignment under Section 1171.2 of Title 12 of the Oklahoma Statutes, OCSS applies OAC 340:25-5-168 to determine if other coverage is available at reasonable cost or if a cash medical order is appropriate.OCSS conducts a review of the order under OAC 340:25-5-198.1 and seeks a modified order if the review indicates that modification would result in an enforceable medical support order or that the child support order should be adjusted.¢ 2

(d) OCSS issues a non-compliance letter to the employer when the employer:

(1) has not returned the NMSN within 20 business days after the date of the NMSN notifying OCSSthat:

(A) the employer does not offer group dependent health coverage;

(B) the employee is among a class of employees that is not eligible for family coverage under the employer's plans;

(D) state or federal withholding limitations or prioritization of withholding prevent the required employee contribution to obtain coverage;

(2) has not forwarded the NMSN to the insurer within 20 business days after the date of the NMSN; or

(3) is the insurer and has not returned the NMSN within 20 business days after the date of the NMSN indicating that either the child(ren) has been enrolled in the plan and the effective date of coverage or there is more than one option available and one must be selected.¢ 3

(e) OCSS issues a non-compliance letter to the insurer when the insurer has not returned the NMSN within 40 business days after the date of the NMSN indicating that either the child(ren) has been enrolled in the plan and the effective date of coverage or there is more than one option available and one must be selected.¢ 4

(f) OCSS may initiate legal proceedings to request the court to fine employers and insurers when there is no response indicating full compliance with the requirements of the NMSN within ten business days after the date of the non-compliance letter.Fines may be imposed by the court for up to $200 a month per child for each failure to comply with the requirements of the NMSN under Section 6058A of Title 36 and Section 118.2 of Title 43 of the Oklahoma Statutes.

(g) If the employer or insurer complies with the requirements of the NMSN, OCSS may dismiss the case against the employer or insurer.

(h) Employers and insurers must send any fine(s) imposed by the court, under Section 235 of Title 56 of the Oklahoma Statutes, by check or money order to OCSS, Attn:Finance, P.O. Box 53552, Oklahoma City, Oklahoma 73125-3552.

(i) In addition to issuing a NMSN, when the custodial person is ordered to provide medical support for the minor child(ren) and is not complying with the order, OCSS may either:

(1) enforce the medical support order by a license revocation action under Section 139.1 of Title 43 of the Oklahoma Statutes, or by an indirect contempt of court action under Section 566.1 of Title 21 of the Oklahoma Statutes; or

(2) seek a modification of the order under OAC 340:25-5-198.2.

INSTRUCTIONS TO STAFF

Revised ~~7-1-09~~ 8-1-09

1.TRICARE.

(1) Registration for TRICARE is required through the Defense Enrollment Eligibility Reporting System (DEERS).Active-duty and retired servicemembers are automatically registered in DEERS, but additional action is required to enroll eligible dependents.

(2) Federal Case Registry (FCR) data is sent to the Defense Manpower Data Center (DMDC) for matching.DMDC matches the FCR participants with its records and indicates which children are eligible and enrolled for TRICARE.DMDC then sends the health benefits matching information to states.

(3) The Oklahoma Support Information System (OSIS) reports that present data received from the DMDC matches are available through Document Direct of the Report Distribution System and include:

(A) CY909R01, The Child is Currently Enrolled in Medical Coverage;

(B) CY909R02, A Child is Eligible Based on the CP or NCP/PF (Noncustodial Parent/Putative Father) Current Medical Coverage, But is Not Enrolled; and

(C) CY909R03, A Child was Previously Enrolled But Not Currently Enrolled and Neither a CP Nor NCP/PF is Enrolled.

(4) Child support staff:

(A) updates OSIS medical support case information based on the information provided in the OSIS reports; and

(B) sends the custodial person the MEDTRI letter on OSIS to advise of the availability of TRICARE and provide enrollment instructions.

2.Examples of cases in which review of the order would result in an enforceable medical support order include:

(1) a parent can obtain health insurance coverage or alternative health coverage for the child(ren) at no additional cost;

(2) a parent can obtain private health insurance coverage at reasonable cost; ~~and~~

(3) a parent cannot obtain health insurance coverage at a reasonable cost and the court orders cash medical support; and

(4) the child support order can be modified to an amount that considers the premium cost.After modification of the order, the total amount of child support for all orders owed by the noncustodial parent plus the premium cost does not exceed limitations of the Consumer Credit Protection Act.

3.Oklahoma Child Support Services (OCSS) attempts to contact the employer by telephone to determine compliance if the National Medical Support Notice (NMSN) is not returned within 20 business days after the date of the NMSN.

4.OCSS attempts to contact the insurer by telephone to determine compliance if the NMSN is not returned within 40 business days after the date of the NMSN.

PART 21. ESTABLISHMENT

340:25-5-198.1. Review of a child support order

Revised ~~7-1-07~~ 8-1-09

(a) Purpose.The purpose of the review process is to determine whether a child support order should be modified to ensure substantial compliance with the child support guidelines in Section 118 of Title 43 of the Oklahoma Statutes and OAC 340:25-5-178.

(b) Notification requirements.At least once every three years after a child support order is established, reviewed, or modified, the Oklahoma Child Support ~~Enforcement Division (CSED)~~ Services (OCSS) notifies all parties in a full-service case of the right to request a review of the child support order and the process for requesting a review.

(c) Initiation of review.~~CSED~~ OCSS reviews an a child support order upon written request in a full‑service case.~~CSED~~ OCSS conducts a review every three years in cases with a Temporary Assistance for Needy Families (TANF) assignment.~~CSED~~ OCSS determines the tribunal with jurisdiction under subsection (e) of the Full Faith and Credit for Child Support Orders Act (FCCSOA), codified in Section 1738B(e) of Title 28 of the United State Code and the Uniform Interstate Family Support Act (UIFSA) in Sections 601-101 through 601-901 of Title 43 of the Oklahoma Statutes to modify the order.¢ 1If another tribunal has jurisdiction to modify the child support order, ~~CSED~~ OCSS follows the provisions of in (g) of this Section.If Oklahoma has jurisdiction to modify the child support order, ~~CSED~~ OCSS follows the provisions of this subsection.~~CSED~~ OCSS completes the review and modification process within 180 days after a request is received or the non-requesting party is located, whichever is later.

(1) OCSS initiative.OCSS may review child support orders on its own initiative for any reason, at any time, without a request, under Section 118.1 of Title 43 of the Oklahoma Statutes.¢ 3 & 4 OCSS notifies the parties of the review with instructions for submitting financial and other information required for the review.

(2) Party initiative.~~CSED~~ OCSS reviews a child support order on the written request of any party in a full-service case when the criteria described in (A) through (C) of this paragraph are met.

(A) It has been more than 12 months since the child support order was established, reviewed, or modified.~~CSED~~ OCSS uses the date the order was entered to compute time periods.If an order is not entered after the review or modification process, ~~CSED~~ OCSS uses the completion date of the review to compute time periods.The 12‑month time period does not apply when a military reservist custodial person or noncustodial parent is called to active duty, per the Servicemembers Civil Relief Act, codified in Sections 501 through 596 of Title 50A of the United States Code. ¢ 2

(B) The non-requesting party is located.

(C) There has been a material change in circumstances pursuant to Section ~~118~~ 118I of Title 43 of the Oklahoma Statutes.¢ 3

(2) Within 15 days after receiving a request for a review, CSED determines if the criteria described in paragraph (1) of this subsection are met.CSED notifies the requesting person if the criteria for review are not met.If the criteria are met, CSED sends notice to all parties with instructions for submitting financial and other information needed for the review.

(3) ~~CSED may initiate reviews of orders in full-service cases on its own initiative for any reason, at any time, without a request, under Section 118.1 of Title 43 of the Oklahoma Statutes.~~¢ ~~4CSED notifies the parties of the review with instructions for submitting financial and other information required for the review.~~

~~(4)~~ Medical enforcement only (MEO) cases.~~When medical insurance becomes available or the cost of existing medical insurance changes, a~~ ~~party in a currently active non-TANF Medicaid case where CSED is providing~~ ~~services may request a review of the support order:~~

(A) If When either the custodial person or the noncustodial parent requests a review, ~~CSED~~ OCSS ~~conducts the review~~ changes the services offered from an MEO as to a full-service case.~~CSED~~ OCSS notifies the parties of the ~~intended action~~ ~~before changing the case from a medical enforcement only case to a full-service case~~ change in services provided.¢ 4

(B) If When the noncustodial parent requests the review, the noncustodial parent must complete Form 03EN001E, Application for Child Support Services, described in OAC 340:25-5-110.1.

~~(5)~~ ~~Each party must submit any requested financial and other information as instructed within 20 days after the date the notice is sent under paragraphs (2) or (3) of this subsection.~~

(d) Initial review.Within 15 days after receiving a request for a review, OCSS determines if the criteria described in paragraph (2) of subsection (c) of this Section are met.OCSS notifies the requesting person if the criteria for review are not met.If the criteria are met, OCSS may:

(1) request further information as necessary from the parties; or

(2) proceed with the review process when OCSS considers it has information sufficient to complete the process.

(de) ~~Review~~ Final review.Within 30 days after the deadline for the parties to submit requested financial and other information to ~~CSED~~ OCSS under ~~(c)(5)~~ (d)(1) of this Section, ~~CSED~~ OCSS completes the review process and notifies parties of its determination as to whether or not the support order should be modified.¢ 4 & 5

(ef) Modification after review.When ~~CSED~~ OCSS finds the existing ~~child~~ support order deviates in excess of ten percent from the child support order guidelines, ~~CSED~~ OCSS seeks a modification.

(fg) Termination of the review process.

(1) The person requesting a review may withdraw the request after the review process begins, upon approval by ~~CSED~~ OCSS.~~CSED~~ OCSS does not accept requests to withdraw the review after making a determination that the child support order should be modified.

(2) If the requesting person fails to supply information requested by ~~CSED~~ OCSS as instructed, ~~CSED~~ OCSS may terminate the review process, unless ~~CSED~~ OCSS or the non‑requesting party requests the process continue.¢ 6

(3) When the review is initiated by ~~CSED~~ OCSS, failure of the parties to return requested information does not stop the review process.~~CSED~~ OCSS proceeds, using the best information available.

(gh) Interstate cases.

(1) When a tribunal other than an Oklahoma district or administrative court has jurisdiction under UIFSA to modify an order, ~~CSED~~ OCSS obtains the information necessary for the review.

(A) ~~CSED~~ OCSS transmits the documents to the IV-D agency in the other state within 20 days after receipt of the request to modify the order and of the completed documents from the person requesting the modification.¢ 7

(B) ~~CSED~~ OCSS issues and enforces a subpoena to compel compliance with the request for documents if the non-requesting party fails to return the required documents or ~~CSED~~ OCSS is unable to obtain the necessary information to proceed and an Oklahoma tribunal has personal jurisdiction over the non-requesting party.

(C) ~~CSED~~ OCSS may terminate the review process in an interstate case as provided in subsection (g) under Sections 601-611 and 601-613 of Title 43 of the Oklahoma Statutes.

(2) If Oklahoma has jurisdiction to modify the order of another state, Native American tribe, territory, or foreign country as defined by subsection (b) of FCCSOA, codified in Section 1738B(b) of Title 28 of the United States Code, the order is registered in Oklahoma for modification under Section 1738B(i) and Sections 601-609 through 601-613 of Title 43 of the Oklahoma Statutes.

INSTRUCTIONS TO STAFF 340:25-5-198.1

Revised ~~7-1-08~~ 8-1-09

1.Controlling order.

(1) When Oklahoma is the only state that has entered a child support order, and both parents reside in Oklahoma, the modification occurs in Oklahoma.

(2) ~~The Child Support Enforcement Division (CSED)~~ Oklahoma Child Support Services (OCSS) determines the controlling order and the proper forum state for a modification proceeding when:

(A) an order was entered outside Oklahoma; or

(B) one or both parents reside outside of Oklahoma.

(3) To assist in determining the controlling order and the state of continuing exclusive jurisdiction, child support staff use the Worksheet to Determine Controlling Order and the Modification Worksheet on the ~~CSED~~ OCSS InfoNet.

(4) Child support staff may seek modification of the controlling order in an Oklahoma tribunal, even if another state or tribunal has jurisdiction to modify the order, when:

(A) an individual party or the child resides in Oklahoma;

(B) the custodial person and noncustodial parent sign a written consent to jurisdiction; and

(C) child support staff file a copy of the signed consent to jurisdiction with the Oklahoma and issuing tribunals.

2.For information regarding military reservists called to active duty, refer to the federal Office of Child Support Enforcement (OCSE) Information Memorandum IM-01-09, available from the OCSE Web site at http://www.acf.dhhs.gov/programs/cse/pol/IM/2001/im-01-09.htm.

3.A material change of circumstances may include, but is not limited to:

(1) a change in residence or custody of one or more of the children listed in the child support order;

(2) a change of either parent's gross income;

(3) either parent becomes disabled and is receiving disability benefits from the Social Security Administration;

(4) a child reaches the age of majority as prescribed in Section 112 of Title 43 of the Oklahoma Statutes;

(5) changes in child care expenses; or

(6) changes in ~~dental or~~ court-ordered medical ~~insurance~~ support including:

(1) the cost of health insurance;

(2) cash medical support is no longer appropriate because health insurance is being provided for the child(ren);

(3) health insurance is no longer available for the child(ren);

(4) health insurance is not accessible; or

(5) health insurance is not reasonable in cost.

4.Review of child support order.

(1) ~~CSED~~ OCSS may initiate a review of the child support order:

(A) under OAC 340:25‑5‑198.1(c)(3) even when it has been less than 12 months since the last order or completed review;

(B) when a case includes a child(ren) receiving Oklahoma Department of Human Services child care subsidy benefits and the child support computation does not include any contribution toward child care expenses;

(C) the joint custody order does not include a child support order; or

(D) when the child support guidelines were not followed.

(2) When child support staff have information from the custodial person that the noncustodial parent is not exercising shared parenting under Section 118 of Title 43 of the Oklahoma Statutes, child support staff recommend that a child support order with a shared parenting adjustment in the child support computation be modified to eliminate that adjustment.

(3) When a noncustodial parent notifies ~~CSED~~ OCSS that he or she now has physical custody of the child(ren), child support staff follow the procedures in OAC 340:25-5-201.1 for verification of this information.Child support staff allege in the Motion to Modify that the material change of circumstances warranting a modification of the child support order is that the child(ren) does not currently reside with the parent to whom legal custody was granted.

5.Consideration of Social Security benefits during review.

(1) When the child(ren) is receiving Social Security benefits from the noncustodial parent's claim, either disability or retirement, child support staff follow OAC 340:25-5-178 Instructions to Staff 2 when preparing the child support guidelines computation form during the review process.

(2) ~~CSED~~ OCSS initiates a review when either parent becomes the recipient of Supplemental Security Income benefits for himself or herself.

6.If ~~CSED~~ OCSS terminates a review because a party fails to provide information requested by ~~CSED~~ OCSS, ~~CSED~~ OCSS does not consider the review completed.When a review is terminated and a party subsequently requests a review, child support staff review the last order or completed review date to determine when it has been 12 months since the support order was reviewed at the request of a party.

7.Child support staff use the Paperwork Checklist for Interstate Actions in the Interstate Actions Made Easy guide located on the ~~CSED~~ OCSS InfoNet to determine which forms to send to a responding state to request a modification.Prior to transmitting documents to a responding state, ~~CSED~~ OCSS calculates past child support, including interest; obtains certified copies of orders and requires parties to complete any necessary documents.~~CSED~~ OCSS uses the documents in interstate cases prescribed by the federal Office of Child Support Enforcement (OCSE) Action Transmittals AT-05-03, AT-05-04 and AT-05-05, available from the OCSE Web site at http://www.acf.hhs.gov/programs/cse/pol/AT/2005/at-05-03.htm, http://www.acf.hhs.gov/programs/cse/pol/AT/2005/at-05-04.htm, and http://www.acf.hhs.gov/programs/cse/pol/AT/2005/at-05-05.htm.

PART 39. ACCOUNTING AND DISTRIBUTION

340:25-5-351. Allocation and distribution of collections

Revised ~~7-1-08~~ 8-1-09

(a) Basis for allocation and distribution of collections.The Oklahoma Department of Human Services (OKDHS) distributes support collections received by the Centralized Support Registry for IV-D and non-IV-D cases.The collections are allocated and distributed according to Part A of Subchapter IV of Chapter 7 of Title 42 of the United States Code, and associated federal regulations and Oklahoma Statutes.This Section establishes allocation of collections across support orders involving multiple families and different types of support obligations.It also establishes high-level distribution policies.Actual distribution of money occurs under Section 657 of Title 42 of the United States Code after collections are allocated according to this Section.

(b) Overall priority of allocation and distribution.This subsection has priority over (c) through (h) of this Section.

(1) ~~The OKDHS Child Support Enforcement Division (CSED)~~ Oklahoma Child Support Services (OCSS) allocates payments from a collection action to satisfy amounts due under obligations included in the action.Income assignment orders, liens, administrative offsets, contempt actions, and license revocations are examples of collection actions.If ~~CSED~~ OCSS receives a voluntary payment, ~~CSED~~ OCSS honors designated payments from noncustodial parents who have multiple family obligations if payments are reasonably consistent with this Section.Otherwise, ~~CSED~~ OCSS allocates voluntary payments to cases with court‑ordered obligations before cases without court-ordered obligations.¢ 1

(2) In a non-IV-D case, ~~CSED~~ OCSS allocates and distributes payments through the Centralized Support Registry directly to the obligee, without otherwise allocating or distributing payments under this Section, unless money was previously assigned to the State of Oklahoma.

(3) Except as provided for in (e) of this Section, ~~CSED~~ OCSS applies ~~arrearages~~ arrearage collections owed to the custodial parent before paying temporarily or permanently assigned arrears owed to a state.

(4) Temporarily assigned arrears are paid before permanently assigned arrears.If the support amount ordered for a prior period is less than the cumulative amount of cash assistance from the IV-A and IV-E programs, the support is permanently assigned.In cases involving unreimbursed assistance, ~~CSED~~ OCSS retains current monthly support collections in excess of the current assistance payment under Temporary Assistance for Needy Families (TANF) to reimburse the State of Oklahoma for past assistance.

(5) ~~CSED~~ OCSS applies payments to interest owed to a particular custodial person after current child support and the principal arrears balance is paid in full.All interest debt is referred and distributed for ~~IRS~~ Internal Revenue Service (IRS) offset as arrears owed to the custodial person and not as a state debt or as assigned cash medical support.~~CSED does not apply interest collections from an IRS offset to state debt unless CSED~~ When OCSS has been unable to locate the custodial person after reasonable efforts, OCSS applies interest collections from an IRS offset to state debt.

(c) Initial allocation to monthly current support obligations.Except as provided in (e) of this Section, ~~CSED~~ OCSS initially allocates collections to current support obligations due each month.

(1) If collections are less than the amount of all current support due, ~~CSED~~ OCSS allocates collections to between the current child support ~~due~~ and the assigned cash medical support specified in the order in proportionate shares.

(2) After the current child support and cash medical support obligation is met, ~~CSED~~ OCSS allocates collections to current spousal support due.

(d) Allocation to monthly past-due support obligations under payment plans.Except as provided in (e) of this Section, after all current support obligations are met, ~~CSED~~ OCSS allocates collections under payment plans to fixed monthly past-due support obligations.Payment plans are defined in Section 237.7 of Title 56 of the Oklahoma Statutes.

(1) If collections are less than the amount due under the payment plan, ~~CSED~~ OCSS first allocates collections to past-due ~~monthly~~ current child support.

(2) After the past-due monthly child support obligation is met, ~~CSED~~ OCSS allocates collections to monthly past-due spousal support.

(3) ~~CSED~~ OCSS allocates collections to the total amount in arrears after fixed monthly past‑due support obligations in the payment plan are met.

(e) Allocation and distribution to total amount in arrears.

(1) ~~CSED~~ OCSS allocates federal income tax refund offset collections to the total amount in arrears.

(2) Except for collections under a payment plan, ~~CSED~~ OCSS allocates collections above the current support obligation to total arrears.

(3) After all child support arrearages are satisfied, ~~CSED~~ OCSS allocates remaining collections to spousal support arrearages.

(f) Allocation and distribution of arrears to assigned cash medical support.After the past-due current child support and spousal support are met, OCSS allocates collections to assigned cash medical support.

(g) Multiple family support orders.This subsection explains the allocation of collections when a noncustodial parent has multiple family obligations.For purposes of this Section, a family is a mother and a father and the child(ren) of that relationship, and any custodial person(s) of the child(ren) who is not the mother or the father.

(1) Current support.~~CSED~~ OCSS prorates and applies support collections to each family based on the ~~fixed~~ current ~~monthly~~ child support obligation due each family.The collections are allocated within each family obligation under subsection (c) of this Section.

(A) If collections for current support are less than the amount of current child support due for all families, CSED prorates and allocates collections to each family based on each family's current child support due.

~~(B) After current child support obligations are met, CSED prorates and allocates collections to current spousal support obligations based on the amount of current spousal support due each family.~~

(2) Past-due support under a payment plan.~~CSED~~ OCSS prorates and allocates collections to payment plans for multiple families based on each family's fixed monthly payment plan obligations due.

(3) Total arrears, including principal and interest balances.~~CSED~~ OCSS prorates and allocates collections to arrears, including principal and interest balances, for multiple families based on each family's total arrears due.

(gh) Past-due support in interstate cases. In cases where ~~CSED~~ OCSS is collecting support for a custodial person who is receiving services from another state’s child support agency, ~~CSED~~ OCSS allocates ~~arrearages~~ arrearage payments based on information provided by the initiating state.After all current support obligations are met, ~~CSED~~ OCSS allocates collections to past-due support for payment plans, total arrears, and interest as follows:¢ 2

(1) Non-public assistance balance.If any portion of the past-due balance is owed to the custodial person or will be passed through to the custodial person under federal distribution regulations, ~~CSED~~ OCSS allocates collections to that portion of the past-due balance and pays that amount to the other state’s State Disbursement Unit.

(2) Public assistance balances.If no portion of the past-due balance is owed to the custodial person, ~~CSED~~ OCSS allocates collections first to balances owed to Oklahoma and then pro rates between balances owed to the other state(s).

(hi) Interest.~~CSED~~ OCSS distributes interest last in single family, multiple family, and interstate cases.

INSTRUCTIONS TO STAFF 340:25-5-351

Revised 7-1-08

1. Child support staff coordinate manual and automated actions on all IV-D cases that meet the criteria for collection action so resulting collections are shared among all families.

2. Child support staff review the information provided by the initiating state regarding whether the past-due balance on the case is owed to the custodial person or to the other state and time periods for balances assigned to the state(s).If the information provided is unclear or incomplete, child support staff do not build the case obligation in Oklahoma Support Information System (OSIS) until they receive information from the initiating state.Child support staff monitor interstate cases to insure that the information regarding the assignment of balances is complete and up to date, and request additional information from the initiating state as necessary.If the initiating state fails to provide the necessary information, child support staff initiate the closure process under OAC 340:25-5-123.