COMMENT DUE DATE:
February 16, 2012
DATE:
January 20, 2012
Tammy Hall, OCSS 405-522-0022
Dena Thayer, OIRP Programs Administrator 405-521-4326
Nancy Kelly, OIRP 405-522-6703
RE:
APA WF 11-08
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 25.OKLAHOMA CHILD SUPPORT SERVICES
Subchapter 1.Scope and Applicability
OAC 340:25-1-1.2 [AMENDED]
OAC 340:25-1-2.1 [AMENDED]
OAC 340:25-1-5.1 [AMENDED]
Subchapter 5.Operational Policies
Part 9.Disclosure of Information
OAC 340:25-5-66 [AMENDED]
OAC 340:25-5-67 [AMENDED]
OAC 340:25-5-67.1 Instructions to Staff (ITS) Only [AMENDED]
Part 13. Retention and Destruction of Case Records
OAC 340:25-5-95. Scope and applicability ITS Only [AMENDED]
Part 15.Case Initiation, Case Management, and Case Closure
OAC 340:25-5-110.1 [AMENDED]
OAC 340:25-5-117 [AMENDED]
OAC 340:25-5-123 [AMENDED]
OAC 340:25-5-124 [AMENDED]
Part 17.Past Support.
OAC 340:25-5-140 [AMENDED]
OAC 340:25-5-140.1 [AMENDED]
Part 20.Medical Support.
OAC 340:25-5-168 [AMENDED]
OAC 340:25-5-171 [AMENDED]
Part 21.Establishment.
OAC 340:25-5-176 [AMENDED]
OAC 340:25-5-178 [AMENDED]
OAC 340:25-5-179.1 [AMENDED]
Part 22. Review and Modification.
OAC 340:25-5-198.1 ITS Only [AMENDED]
Part 23.Enforcement.
OAC 340:25-5-200 [AMENDED]
OAC 340:25-5-200.1 [AMENDED]
OAC 340:25-5-201.1 [AMENDED]
OAC 340:25-5-212. Financial institution data match reporting system ITS Only [AMENDED]
Part 33.Interstate and International Cases
OAC 340:25-5-270 [AMENDED]
Part 38.IV-D and Non-IV-D Central Case Registry Information
OAC 340:25-5-339 [AMENDED]
OAC 340:25-5-340 [AMENDED]
Part 39.Accounting and Distribution
OAC 340:25-5-345.2 [AMENDED]
OAC 340:25-5-350.1 [AMENDED]
OAC 340:25-5-350.3 [AMENDED]
(Reference APA WF 11-08)
SUMMARY:
The proposed amendments to Chapter 25 Subchapter 1 and Subchapter 5 amend the rules to: (1) implement policy changes recommended during the annual Oklahoma Child Support Services (OCSS) policy review process; and (2) make non-substantive housekeeping changes to improve the clarity of rules.
OAC 340:25-1-1.2 is amended to allow staff the authority to assist customers complete OCSS self-help forms.
OAC 340:25-1-2.1 and OAC 340:25-1-5.1 are amended to update the mailing address of the Oklahoma Child Support Services Center for Customer Services.
OAC 340:25-5-66 is amended to: (1) add Section 303.21 of Title 45 of the Code of Federal Regulations as legal authority for the release of information; and (2) correct punctuation.
OAC 340:25-5-67 is amended to add that OCSS releases information to programs operating under Title XXI of Chapter 7 of Title 42 of the United State Code and the Supplemental Nutrition Assistance Program (SNAP) to the extent necessary to carry out the responsibilities of those agencies.
OAC 340:25-5-67.1 Instructions to Staff (ITS) are amended to update references to manual chapters.
OAC 340:25-5-95 ITS are amended to update references to an Administrative Memo and manual chapters.
OAC 340:25-5-110.1 is amended to clarify OCSS opens a case for non-minors who are still entitled to support pursuant to Section 112 of Title 43 of the Oklahoma Statutes.
OAC 340:25-5-117 is amended to add: (1) OCSS builds case balances on new and reopened cases; (2) OCSS does not collect excess payments that occurred during a time period when OCSS did not have an open case unless the court has ordered the excess payment to be satisfied by offset against the monthly child support; and (3) correct punctuation.
OAC 340:25-5-123 is amended to: (1) specify OCSS staff remove case balances and document the amount removed when a case is closed; and (2) update language to be consistent with current usage.
OAC 340:25-5-124 is amended to clarify cases are assigned to the Oklahoma Child Support Services district office where a prior district court case exists, regardless of the case style of the order.
OAC 340:25-5-140 is amended to: (1) clarify the enforcement subsection to address reopened cases in addition to new cases; (2) clarify how OCSS distributes child support payments when the custodial person is deceased; and (3) clean up language.
OAC 340:25-5-140.1 is amended to clarify the date from which interest accrues.
OAC 340:25-5-168 is amended to add a subsection: (1 that states OCSS does not request health insurance or cash medical support for children adopted through OKDHS and entitled to SoonerCare throughout their minority; and (2) clarifying how OCSS seeks the reinstatement of cash medical support after the lapse of a health insurance policy.
OAC 340:25-5-171 is amended to update the address of the Oklahoma Child Support Services Center for Finance and Budget.
OAC 340:25-5-176 is amended to correct the rule’s statement of the law.
OAC 340:25-5-178 is amended to update a reference to Title 10A of the Oklahoma Statutes.
OAC 340:25-5-179.1 is amended to clarify IV-E foster care cases follow the same establishment of support for a prior period process as Temporary Aid for Needy Families (TANF) cases.
OAC 340:25-5-198.1 ITS are to add the 12 month time period between reviews also does not apply when a parent leaves active duty military service.
OAC 340:25-5-200 is amended to: (1) clarify OCSS does not use indirect civil contempt as a penal sanction and does not recommend incarceration at sentencing unless there is evidence or information available that the obligor can purge the contempt; and (2) update language to reflect current usage.
OAC 340:25-5-200.1 is amended to remove language stating administrative review decisions may be appealed to district court; (2) add that parties may request an administrative hearing after an administrative review decision; and (3) update language to reflect current usage.
OAC 340:25-5-201.1 is amended to: (1) clarify that it is the applicant who requests case closure.
OAC 340:25-5-212 ITS are amended to: (1) update language to reflect current usage; and (2) clean up punctuation.
OAC 340:25-5-270 is amended to delete incorrect reference to the United States Code.
OAC 340:25-5-339 is amended to: (1) update the address of the Central Case Registry; and (2) update language consistent with current usage.
OAC 340:25-5-340 is amended to remove the requirement that signature from both the designated attorney and custodial parent are needed for the removal of an attorney on an Address of Record; (2) update the address of the Central Case Registry; and (3) clean up punctuation.
OAC 340:25-5-345.2 is amended to add the definition for disbursement.
OAC 340:25-5-350.1 is amended to clarify that OCSS does not return payments made in error if they have been disbursed to the custodial person.
OAC 340:25-5-350.3 is amended to: (1) clarify that OCSS is not required to return a payment made in error unless it has been retained by OKDHS; (2) expand the ability to impose limits on suspicious payment activities from Web Pay only to all payment types; and (3) remove the requirement to issue paper warrants to non custodial parents for overpayments.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:
Commission for Human Services; Article XXV, Sections 2 and 4 of the Oklahoma Constitution; Social Security Act, codified at Chapter 7 of Title 42 of the Code of Federal Regulations; Child Support Performance and Incentive Act of 1998, Public Law 105-200, codified in sections of Title 42 of the United States Code; Servicemembers Civil Relief Act, codified in Sections 501 through 596 of Title 50A of the United States Code; Parts 302, 303, and 453 et seq. of Title 45 of the Code of Federal Regulations; Section 1738B of Title 28 and Sections 664 and 666 of Title 42 of the United States Code; Sections 83, 7700-204, and 7700-636 of Title 10 of the Oklahoma Statutes; Section 1-4-702 of Title 10A of the Oklahoma Statutes; Chapters 3 and 21 of Title 12 of the Oklahoma Statutes; Sections 566 and 567 of Title 21 of the Oklahoma Statutes; Section 285.3 of Title 31 of the Oklahoma Statutes; Section 6058A of Title 36 of the Oklahoma Statutes; Title 43 of the Oklahoma Statutes; Sections 183 and 231 through 240.23 of Title 56 of the Oklahoma Statutes.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Gary W. Dart, Division Director
Oklahoma Child Support Services
Date:January 17, 2012
Re:CHAPTER 25.OKLAHOMA CHILD SUPPORT SERVICES
Subchapter 1.Scope and Applicability
OAC 340:25-1-1.2 [AMENDED]
OAC 340:25-1-2.1 [AMENDED]
OAC 340:25-1-5.1 [AMENDED]
Subchapter 5.Operational Policies
Part 9.Disclosure of Information
OAC 340:25-5-66 [AMENDED]
OAC 340:25-5-67 [AMENDED]
Part 15.Case Initiation, Case Management, and Case Closure
OAC 340:25-5-110.1 [AMENDED]
OAC 340:25-5-117 [AMENDED]
OAC 340:25-5-123 [AMENDED]
OAC 340:25-5-124 [AMENDED]
Part 17.Past Support.
OAC 340:25-5-140 [AMENDED]
OAC 340:25-5-140.1 [AMENDED]
Part 20.Medical Support.
OAC 340:25-5-168 [AMENDED]
OAC 340:25-5-171 [AMENDED]
Part 21.Establishment.
OAC 340:25-5-176 [AMENDED]
OAC 340:25-5-178 [AMENDED]
OAC 340:25-5-179.1 [AMENDED]
Part 22. Review and Modification.
OAC 340:25-5-198.1 [AMENDED]
Part 23.Enforcement.
OAC 340:25-5-200 [AMENDED]
OAC 340:25-5-200.1 [AMENDED]
OAC 340:25-5-201.1 [AMENDED]
Part 33.Interstate and International Cases
OAC 340:25-5-270 [AMENDED]
Part 38.IV-D and Non-IV-D Central Case Registry Information
OAC 340:25-5-339 [AMENDED]
OAC 340:25-5-340 [AMENDED]
Part 39.Accounting and Distribution
OAC 340:25-5-345.2 [AMENDED]
OAC 340:25-5-350.1 [AMENDED]
OAC 340:25-5-350.3 [AMENDED]
(Reference APA WF 11-08)
Contact:Tammy Hall, Programs Manager, at 405-522-0022.
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed amendments to Chapter 25 Subchapter 1 and Subchapter 5 amend the rules to: (1) implement policy changes recommended during the annual Oklahoma Child Support Services (OCSS) policy review process; and (2) make non-substantive housekeeping changes to improve the clarity of rules.
Strategic Plan impact.The proposed amendments support Oklahoma Department of Human Services (OKDHS) goals of assisting customers in becoming independent, employed, productive citizens; providing services that support and strengthen the family and protect its members; providing services in community-based settings; and continuously improving systems and processes to achieve agency goals.The proposed rules comply with federal requirements and position OCSS to improve services to its customers through better communication and fuller cooperation with other service providers.They support the OCSS strategic plan to increase current support collected, to promote high quality customer service, and to improve performance measures necessary to maintain and improve the child support program.
Substantive changes.
OAC 340:25-1-1.2 is amended to allow staff the authority to assist customers complete OCSS self-help forms.
OAC 340:25-1-2.1 and OAC 340:25-1-5.1are amended to update the mailing address of the Oklahoma Child Support Services Center for Customer Services.
OAC 340:25-5-66 is amended to: (1) add Section 303.21 of Title 45 of the Code of Federal Regulations as legal authority for the release of information; and (2) correct punctuation.
OAC 340:25-5-67 is amended to add that OCSS releases information to programs operating under Title XXI of Chapter 7 of Title 42 of the United State Code and the Supplemental Nutrition Assistance Program (SNAP) to the extent necessary to carry out the responsibilities of those agencies.
OAC 340:25-5-110.1 is amended to clarify OCSS opens a case for non-minors who are still entitled to support pursuant to Section 112 of Title 43 of the Oklahoma Statutes.
OAC 340:25-5-117 is amended to add: (1) OCSS builds case balances on new and reopened cases; (2) OCSS does not collect excess payments that occurred during a time period when OCSS did not have an open case unless the court has ordered the excess payment to be satisfied by offset against the monthly child support; and (3) correct punctuation.
OAC 340:25-5-123 is amended to: (1) specify OCSS staff remove case balances and document the amount removed when a case is closed; and (2) update language to be consistent with current usage.
OAC 340:25-5-124 is amended to clarify cases are assigned to the Oklahoma Child Support Services district office where a prior district court case exists, regardless of the case style of the order.
OAC 340:25-5-140 is amended to: (1) clarify the enforcement subsection to address reopened cases in addition to new cases; (2) clarify how OCSS distributes child support payments when the custodial person is deceased; and (3) clean up language.
OAC 340:25-5-140.1 is amended to clarify the date from which interest accrues.
OAC 340:25-5-168 is amended to add a subsection: (1) that states OCSS does not request health insurance or cash medical support for children adopted through OKDHS and entitled to SoonerCare throughout their minority; and (2) clarifying how OCSS seeks the reinstatement of cash medical support after the lapse of a health insurance policy.
OAC 340:25-5-171 is amended to update the address of the Oklahoma Child Support Services Center for Finance and Budget.
OAC 340:25-5-176 is amended to correct the rule’s statement of the law.
OAC 340:25-5-178 is amended to update a reference to Title 10A of the Oklahoma Statutes.
OAC 340:25-5-179.1 is amended to clarify IV-E foster care cases follow the same establishment of support for a prior period process as Temporary Aid for Needy Families (TANF) cases.
OAC 340:25-5-200 is amended to: (1) clarify OCSS does not use indirect civil contempt as a penal sanction and does not recommend incarceration at sentencing unless there is evidence or information available that the obligor can purge the contempt; and (2) update language to reflect current usage.
OAC 340:25-5-200.1 is amended to remove language stating administrative review decisions may be appealed to district court; (2) add that parties may request an administrative hearing after an administrative review decision; and (3) update language to reflect current usage.
OAC 340:25-5-201.1 is amended to: (1) clarify that it is the applicant who requests case closure.
OAC 340:25-5-270 is amended to delete incorrect reference to the United States Code.
OAC 340:25-5-339 is amended to: (1) update the address of the Central Case Registry; and (2) update language consistent with current usage.
OAC 340:25-5-340 is amended to remove the requirement that signature from both the designated attorney and custodial parent are needed for the removal of an attorney on an Address of Record; (2) update the address of the Central Case Registry; and (3) clean up punctuation.
OAC 340:25-5-345.2 is amended to add the definition for disbursement.
OAC 340:25-5-350.1 is amended to clarify that OCSS does not return payments made in error if they have been disbursed to the custodial person.
OAC 340:25-5-350.3 is amended to: (1) clarify that OCSS is not required to return a payment made in error unless it has been retained by OKDHS; (2) expand the ability to impose limits on suspicious payment activities from Web Pay only to all payment types; and (3) remove the requirement to issue paper warrants to non custodial parents for overpayments.
Reasons. The proposed revisions are 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) provide improved child support services that meet or exceed customer needs and expectations, positioning OCSS to be sought out as a family’s counsel of choice; (2) address needs identified in the OCSS annual review of rules; (3) respond to legislative changes; (4) improve the establishment of paternity and child support orders; (5) improve the collection and distribution of support payments; (6) update legal citations; and (7) clarify language, correct addresses, and correct punctuation and syntax.
Repercussions.The proposed rules will contribute to the health, safety, and wellbeing of children entitled to support by increasing program efficiency.Failure to adopt these rules could cause hardships on families and negatively impact the services OCSS provides.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.
Legal authority.
Commission for Human Services; Article XXV, Sections 2 and 4 of the Oklahoma Constitution; Social Security Act, codified at Chapter 7 of Title 42 of the Code of Federal Regulations; Child Support Performance and Incentive Act of 1998, Public Law 105-200, codified in sections of Title 42 of the United States Code; Servicemembers Civil Relief Act, codified in Sections 501 through 596 of Title 50A of the United States Code; Parts 302, 303, and 453 et seq. of Title 45 of the Code of Federal Regulations; Section 1738B of Title 28 and Sections 664 and 666 of Title 42 of the United States Code; Sections 83, 7700-204, and 7700-636 of Title 10 of the Oklahoma Statutes; Section 1-4-702 of Title 10A of the Oklahoma Statutes; Chapters 3 and 21 of Title 12 of the Oklahoma Statutes; Sections 566 and 567 of Title 21 of the Oklahoma Statutes; Section 285.3 of Title 31 of the Oklahoma Statutes; Section 6058A of Title 36 of the Oklahoma Statutes; Title 43 of the Oklahoma Statutes; Sections 183 and 231 through 240.23 of Title 56 of the Oklahoma Statutes.
Permanent approval.Permanent rulemaking approval is requested effective July 1, 2012.
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 classes of persons most likely to be affected by the proposed rules are children entitled to support, noncustodial parents who owe child support, custodial persons who are owed child support, taxpayers, courts, attorneys in private practice, and other state agencies.The affected classes of persons will bear no costs associated with implementation of the rules.
C.A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit are noncustodial parents, custodial persons, children, employers, courts, and taxpayers.
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 fee change: There are no fee changes associated with the revised rules.
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 materials, which 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.The revised rules will result in enhanced establishment and enforcement of child support orders 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: The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.
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: There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory 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 costly or nonregulatory methods or less intrusive 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 mandates, thereby increasing program effectiveness and contributing the health, safety, and wellbeing 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.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: These proposals are intended to comply with state and federal child support mandates, thereby contributing to the health, safety, and wellbeing of children entitled to support.Failure to adopt these rules could result in the loss of federal funding of the IV-D program; confusion and delay in providing paternity, support order establishment, modification and enforcement of support orders; and unnecessary expenditures of public funds to provide support for children that could otherwise be provided by noncustodial parents.
K.The date the rule impact statement was prepared and, if modified, the date modified: prepared December 2, 2011; modified January 17, 2012.
