COMMENT DUE DATE:
February 1, 2013
DATE:
January 7, 2013
Tammy Hall, OCSS (405) 522-0022
Nancy Kelly, OIRP (405) 522-6703
Dena Thayer, OIRP Programs Administrator (405) 521-4326
RE:
APA WF 12-12
The proposed policy is Permanent . This proposal is subject to the Administrative Procedures Act
The proposed policy is permanent and the proposed effective date is July 1, 2013.
SUBJECT:CHAPTER 25.OKLAHOMA CHILD SUPPORT SERVICES
Subchapter 1.Scope and Applicability
OAC 340:25-1-2.1 [AMENDED]
OAC 340:25-1-3.1 [AMENDED]
Subchapter 3.Commissioned Peace Officers
OAC 340:25-3-3 [AMENDED]
Subchapter 5.Operational Policies
Part 9.Disclosure of Information
OAC 340:25-5-67 through 340:25-5-67.1 [AMENDED]
Part 15.Case Initiation, Case Management, and Case Closure
OAC 340:25-5-114 [AMENDED]
OAC 340:25-5-117 ITS ONLY [AMENDED]
OAC 340:25-5-123 [AMENDED]
OAC 340:25-5-124 ITS ONLY [AMENDED]
OAC 340:25-5-133 [AMENDED]
Part 17.Past Support.
OAC 340:25-5-140 through 340:25-5-140.1 [AMENDED]
Part 20. Medical Support
OAC 340:25-5-168 ITS ONLY [AMENDED]
Part 21.Establishment.
OAC 340:25-5-176 ITS ONLY [AMENDED]
OAC 340:25-5-176.1 [AMENDED]
OAC 340:25-5-178 ITS ONLY [AMENDED]
OAC 340:25-5-179 ITS ONLY [AMENDED]
OAC 340:25-5-179.1 [AMENDED]
Part 23.Enforcement.
OAC 340:25-5-200 ITS ONLY [AMENDED]
OAC 340:25-5-213 [AMENDED]
Part 37. Recovery
OAC 340:25-5-305 [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]
OAC 340:25-5-350.4 ITS ONLY [AMENDED]
OAC 340:25-5-351 through 340:25-5-352 [AMENDED]
(Reference WF 12-12)
SUMMARY:The proposed amendments to Chapter 25 Subchapters 1, 3, and 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.
SUBSTANTIVE CHANGES:
OAC 340:25-1-2.1 is amended to add updated telephone numbers for Oklahoma Employer Services Center.
OAC 340:25-1-3.1 is amended to add language that OCSS staff may refuse to honor a designation of an authorized representative.
OAC 340:25-3-3 is amended to: (1) add language that OCSS uses the most cost effective and efficient method of service of process depending on the facts of case; (2) add that OCSS uses service by acknowledgment as first choice when feasible and files the signed acknowledgment in the court case; (3) delete language that OCSS uses personal service when it is more expedient; (4) add language that OCSS uses personal service when the court requires; and (5) clarify that OCSS does not use service by address of record when the remedy may result in incarceration.
OAC 340:25-5-67 is amended to: (1) clarify OCSS redacts personal information from court documents prior to filing pursuant to Rule 31 of Oklahoma District Court Rules; (2) add language that OCSS releases information necessary to use and access the child’s health insurance policy; (3) add language that in cases of family violence, OCSS does not release information that may lead to the discovery of the participant’s location.
OAC 340:25-5-67.1is amended to: (1) add a general statement that OCSS is committed to promoting the safety and wellbeing of its customers and staff; (2) add legal authority for family violence indicators.
OAC 340:25-5-114 is amended to remove language stating noncooperation by a custodial person is indicated if the custodial person refuses to make a repayment agreement or to comply with a repayment plan on retained child support receipts.
OAC 340:25-5-123 is amended to add language that OCSS customers will complete a case closure application.
OAC 340:25-5-133 is amended to clarify that the person with physical custody of the child on the first day of the month is entitled to the support obligation for that month.
OAC 340:25-5-140 is amended to: (1) add language that OCSS requests an extension of the three year payment plan schedule when there is evidence the noncustodial person cannot comply with the payment plan as provided in Section 137 of Title 43; (2) add language that clarifies the type of evidence OCSS relies on when a noncustodial person cannot adhere to the three year payment plan; and (3) clarify OCSS collects past due support from the date of the original order and does not limit collection to amounts accruing from the time the case is opened or reopened.
OAC 340:25-5-140.1 is amended to: (1) clarify OCSS calculates interest on support for a prior period at the rate calculated per Section 114 of Title 43 of the Oklahoma Statutes; (2) clarify that interest accrues on a lump sum judgment for a prior period from the first day of the month after the judgment is entered at the rate calculated per Section 114 of Title 43 of the Oklahoma Statutes.
OAC 340:25-5-176.1 is amended to add language that OCSS does not object to a paternity challenge when the time to rescind an acknowledgment of paternity has not passed.
OAC 340:25-5-179.1 is amended to: (1) add non-IV-E foster care cases when establishing support for a prior period; (2) remove language that required a monthly payment plan of at least $1 against a minor noncustodial parent; and (3) add language that OCSS sets monthly payment plans per OAC 340:25-5-140.
OAC 340:25-5-213 is amended to: (1) remove a complex repayment schedule in an annual notice action; (2) add language that OCSS promotes healthy families and follows a payment plan per OAC 340:25-5-140; and (3) add language that OCSS will set a hearing if disputed issues are not settled at an administrative review.
OAC 340:25-5-305 is amended to add that OCSS is not responsible for overpayment recovery when OCSS collected according to the terms of a court order that was later vacated or modified when the parties failed to provide OCSS with a new order.
OAC 340:25-5-345.2 is amended to add the definition for allocation, distribution, monthly payment plan, and obligation.These clarifications are necessary because the words are used as terms of art within finance policies.
OAC 340:25-5-350.1 is amended to: (1) add that OCSS does not return overcollected support amounts when parties fail to provide OCSS with a copy of the modified or vacated order; and (2) clarify that when an overpayment occurs OCSS issues debit cards for amounts less than $3 or remits the amount to the General Revenue Fund Treasury.
OAC 340:25-5-350.3 is amended to: (1) clarify that OCSS may accept payments from either party in connection with a court action and as part of a settlement agreement; (2) clarify that OCSS will not apply payments to the following month’s current support when there are case balances due; (3) clarifies when OCSS staff accepts support payments in the office; (4) remove language about real and personal property liens; and (5) remove language explaining types of payment format OCSS accepts and uses to conduct electronic transfer of funds.
OAC 340:25-5-351 is amended to: (1) clarify that OCSS has separate allocation and distribution processes; (2) clarify that OCSS allocates based on all an obligor’s eligible obligations; (3) explain that OCSS uses the type of legal action to determine how the collection is allocated; (4) explain the allocation models OCSS uses; (5) define collection types not included in the allocation models; (6) clarify that OCSS will not apply payments to the following month’s current support when there are case balances due on any of the noncustodial parent’s cases; and (7) include federal authorities relating to distribution hierarchy.
OAC 340:25-5-352 is amended to allow OCSS to adjust any type of distributed payment.
Amendments only to Instructions to Staff
OAC 340:25-5-117. Initiation of IV-D cases.Added ITS that outlines process for transferring a referral from one office to another.
OAC 340:25-5-124. Assignment and transfer of cases to child support offices.Adds ITS requiring staff to send email to receiving office when case is updated to another office on the computer system. Adds cross reference for conflict of interest when domestic violence is suspected.
OAC 340:25-5-168. Establishment of medical support.Instructs staff on how to proceed with fixed medical support when there are multiple CPs and it is not clear who is incurring the expense.
OAC 340:25-5-176. Establishment of paternity.Clarifies OCSS redacts SSNs on OCSS Paternity forms.
OAC 340:25-5-178. Establishment of current child support.Corrected name and link to federal Intergovernmental Reference Guide.
OAC 340:25-5-179. Duration of Support.Corrected name and link to federal Intergovernmental Reference Guide.
OAC 340:25-5-200. directs staff to attach Notice of Your Rights in Civil Contempt Actions to the contempt citation when OCSS files a contempt action.
OAC 340:25-5-350.4. Undistributed and pended issuance payments.Directs staff that when an obligor has multiple cases and one case is paid in full by income withholding, any remaining IWO collection will be applied to any remaining balances on the obligors other cases.Also directs staff how to process second monthly payment from federal government.Adds OCSS does not refund IWO payments, unless there is a payment error, when there are existing balances on any of the obligor’s cases.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); Social Security Act (SSA), codified at Chapter 7 of Title 42 of the United States Code (42 U.S.C. §§ 301- 1397mm); Child Support Performance and Incentive Act of 1998, Public Law (Pub. L.)105-200; 42 U.S.C. § 657; 42 U.S.C. § 653-654; 42 U.S.C. § 608; 42 U.S.C. § 654b; 42 U.S.C. §663; Section 264.30 of Title 45 of the Code of Federal Regulations (45 C.F.R. § 264.30); 45 C.F.R. § 303.5; 45 C.F.R. § 303.21; 45 C.F.R. § 307.11; 45 C.F.R. § 303.11; 45 C.F.R. § 302.51-302.52; 45 C.F.R. § 303.100 45 C.F.R. §§ 302.32- 302.33; 45 C.F.R. § 303.5; 42 C.F.R. § 433.146; 43 O.S. §§ 601-601-614; 43 O.S. § 109.556 O.S. § 237; 12 O.S. § 2004; 43 O.S. § 137; 43 O.S. § 114; 43 O.S. § 410; 43 O.S. § 413; 56 O.S. § 237A; 56 O.S. § 171; 56 O.S. § 185; 56 O.S. §§ 231-244; 10 O.S. §§ 7700-301-307; 43 O.S. §§ 118-119; 56 O.S. § 238.1; 56 O.S. § 183; 43 O.S. § 112A; 43 O.S. § 112; 10 O.S. § 7700-637; Rule 31 of the Rules for District Courts of Oklahoma.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Gary W. Dart, Division Director
Oklahoma Child Support Services
Date:January 7, 2013
Re:CHAPTER 25.OKLAHOMA CHILD SUPPORT SERVICES
Subchapter 1.Scope and Applicability
OAC 340:25-1-2.1 [AMENDED]
OAC 340:25-1-3.1 [AMENDED]
Subchapter 3.Commissioned Peace Officers
OAC 340:25-3-3 [AMENDED]
Subchapter 5.Operational Policies
Part 9.Disclosure of Information
OAC 340:25-5-67 through 340:25-5-67.1 [AMENDED]
Part 15.Case Initiation, Case Management, and Case Closure
OAC 340:25-5-114 [AMENDED]
OAC 340:25-5-123 [AMENDED]
OAC 340:25-5-133 [AMENDED]
Part 17.Past Support.
OAC 340:25-5-140 through 340:25-5-140.1 [AMENDED]
Part 21.Establishment.
OAC 340:25-5-176.1 [AMENDED]
OAC 340:25-5-179.1 [AMENDED]
Part 23.Enforcement.
OAC 340:25-5-213 [AMENDED]
Part 37. Recovery
OAC 340:25-5-305 [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]
OAC 340:25-5-351 through 340:25-5-352 [AMENDED]
(Reference WF 12-12)
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 Subchapters 1, 3, and 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 340:25-1-2.1 is amended to add updated telephone numbers for Oklahoma Employer Services Center.
OAC 340:25-1-3.1 is amended to add language that OCSS staff may refuse to honor a designation of an authorized representative.
OAC 340:25-3-3 is amended to: (1) add language that OCSS uses the most cost effective and efficient method of service of process depending on the facts of case; (2) add that OCSS uses service by acknowledgment as first choice when feasible and files the signed acknowledgment in the court case; (3) delete language that OCSS uses personal service when it is more expedient; (4) add language that OCSS uses personal service when the court requires; and (5) clarify that OCSS does not use service by address of record when the remedy may result in incarceration.
OAC 340:25-5-67 is amended to: (1) clarify OCSS redacts personal information from court documents prior to filing pursuant to Rule 31 of Oklahoma District Court Rules; (2) add language that OCSS releases information necessary to use and access the child’s health insurance policy; (3) add language that in cases of family violence, OCSS does not release information that may lead to the discovery of the participant’s location.
OAC 340:25-5-67.1is amended to: (1) add a general statement that OCSS is committed to promoting the safety and wellbeing of its customers and staff; (2) add legal authority for family violence indicators.
OAC 340:25-5-114 is amended to remove language stating noncooperation by a custodial person is indicated if the custodial person refuses to make a repayment agreement or to comply with a repayment plan on retained child support receipts.
OAC 340:25-5-123 is amended to add language that OCSS customers will complete a case closure application.
OAC 340:25-5-133 is amended to clarify that the person with physical custody of the child on the first day of the month is entitled to the support obligation for that month.
OAC 340:25-5-140 is amended to: (1) add language that OCSS requests an extension of the three year payment plan schedule when there is evidence the noncustodial person cannot comply with the payment plan as provided in Section 137 of Title 43; (2) add language that clarifies the type of evidence OCSS relies on when a noncustodial person cannot adhere to the three year payment plan; and (3) clarify OCSS collects past due support from the date of the original order and does not limit collection to amounts accruing from the time the case is opened or reopened.
OAC 340:25-5-140.1 is amended to: (1) clarify OCSS calculates interest on support for a prior period at the rate calculated per Section 114 of Title 43 of the Oklahoma Statutes; (2) clarify that interest accrues on a lump sum judgment for a prior period from the first day of the month after the judgment is entered at the rate calculated per Section 114 of Title 43 of the Oklahoma Statutes.
OAC 340:25-5-176.1 is amended to add language that OCSS does not object to a paternity challenge when the time to rescind an acknowledgment of paternity has not passed.
OAC 340:25-5-179.1 is amended to: (1) add non-IV-E foster care cases when establishing support for a prior period; (2) remove language that required a monthly payment plan of at least $1 against a minor noncustodial parent; and (3) add language that OCSS sets monthly payment plans per OAC 340:25-5-140.
OAC 340:25-5-213 is amended to: (1) remove a complex repayment schedule in an annual notice action; (2) add language that OCSS promotes healthy families and follows a payment plan per OAC 340:25-5-140; and (3) add language that OCSS will set a hearing if disputed issues are not settled at an administrative review.
OAC 340:25-5-305 is amended to add that OCSS is not responsible for overpayment recovery when OCSS collected according to the terms of a court order that was later vacated or modified when the parties failed to provide OCSS with a new order.
OAC 340:25-5-345.2 is amended to add the definition for allocation, distribution, monthly payment plan, and obligation.These clarifications are necessary because the words are used as terms of art within finance policies.
OAC 340:25-5-350.1 is amended to: (1) add that OCSS does not return overcollected support amounts when parties fail to provide OCSS with a copy of the modified or vacated order; and (2) clarify that when an overpayment occurs OCSS issues debit cards for amounts less than $3 or remits the amount to the General Revenue Fund Treasury.
OAC 340:25-5-350.3 is amended to: (1) clarify that OCSS may accept payments from either party in connection with a court action and as part of a settlement agreement; (2) clarify that OCSS will not apply payments to the following month’s current support when there are case balances due; (3) clarifies when OCSS staff accepts support payments in the office; (4) remove language about real and personal property liens; and (5) remove language explaining types of payment format OCSS accepts and uses to conduct electronic transfer of funds.
OAC 340:25-5-351 is amended to: (1) clarify that OCSS has separate allocation and distribution processes; (2) clarify that OCSS allocates based on all an obligor’s eligible obligations; (3) explain that OCSS uses the type of legal action to determine how the collection is allocated; (4) explain the allocation models OCSS uses; (5) define collection types not included in the allocation models; (6) clarify that OCSS will not apply payments to the following month’s current support when there are case balances due on any of the noncustodial parent’s cases; and (7) include federal authorities relating to distribution hierarchy.
OAC 340:25-5-352 is amended to allow OCSS to adjust any type of distributed payment.
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 allocation and distribution;(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 and promote healthy families by increasing program efficiency.Failure to adopt these rules could cause hardships on families and negatively impact the services OCSS provides.
Legal authority.Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); Social Security Act (SSA), codified at Chapter 7 of Title 42 of the United States Code (42 U.S.C. §§ 301- 1397mm); Child Support Performance and Incentive Act of 1998, Public Law (Pub. L.)105-200; 42 U.S.C. § 657; 42 U.S.C. § 653-654; 42 U.S.C. § 608; 42 U.S.C. § 654b; 42 U.S.C. §663; Section 264.30 of Title 45 of the Code of Federal Regulations (45 C.F.R. § 264.30); 45 C.F.R. § 303.5; 45 C.F.R. § 303.21; 45 C.F.R. § 307.11; 45 C.F.R. § 303.11; 45 C.F.R. § 302.51-302.52; 45 C.F.R. § 303.100 45 C.F.R. §§ 302.32- 302.33; 45 C.F.R. § 303.5; 42 C.F.R. § 433.146; 43 O.S. §§ 601-601-614; 43 O.S. § 109.556 O.S. § 237; 12 O.S. § 2004; 43 O.S. § 137; 43 O.S. § 114; 43 O.S. § 410; 43 O.S. § 413; 56 O.S. § 237A; 56 O.S. § 171; 56 O.S. § 185; 56 O.S. §§ 231-244; 10 O.S. §§ 7700-301-307; 43 O.S. §§ 118-119; 56 O.S. § 238.1; 56 O.S. § 183; 43 O.S. § 112A; 43 O.S. § 112; 10 O.S. § 7700-637; Rule 31 of the Rules for District Courts of Oklahoma.
Permanent approval.Permanent rulemaking approval is requested effective July 1, 2013.
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.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.
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 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 November 13, 2012; modified January 2, 2013.
