COMMENT DUE DATE:
June 30, 2014
DATE:
June 18, 2014
Tammy Hall, Programs Manager, 405-522-0022 Dena Thayer, OIRP Programs Administrator, 405-521-4326 Nancy Kelly, OIRP Policy Specialist 405-522-6703
RE:
APA WF 14-11
The proposed policy is Emergency . This proposal is subject to the Administrative Procedures Act
SUBJECT:
CHAPTER 25.OKLAHOMA CHILD SUPPORT SERVICES
Subchapter 5.Operational Policies
Part 21.Establishment
OAC 340:25-5-179.1 [AMENDED]
(Reference WF 14-11)
SUMMARY:
Senate Bill 1993 amended Title 10 § 83 and Tile 56 § 238.6B of the Oklahoma Statutes changing the paternity judgment time frame from 5 years to 2 years. The proposed amendment to Chapter 25 Subchapter 5 amends a rule to reflect that change.
EMERGENCY APPROVAL:
Emergency rulemaking is requested.
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; 10 O.S. § 83 and 56 O.S. § 238.6B.
OKLAHOMA DEPARTMENT OF HUMAN SERVICES
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Gary W. Dart, Director
Director, Child Support Services
Date:May 29, 2014
Re:CHAPTER 25.OKLAHOMA CHILD SUPPORT SERVICES
Subchapter 5.Operational Policies
Part 21.Establishment.
OAC 340:25-5-179.1 [AMENDED]
(Reference WF 14-11)
Contact: Tammy Hall, Programs Manager, 405-522-0022
A.Brief description of the purpose of the proposed rule:
Senate Bill 1993 amended Title 10 § 83 and Tile 56 § 238.6B of the Oklahoma Statutes changing the paternity judgment time frame from 5 years to 2 years.The proposed amendment to Chapter 25 Subchapter 5 amends the rule to reflect the change.
Strategic Plan Impact.
The proposed amendment supports Oklahoma Department of Human Services (DHS) goals of assisting customers in becoming independent, employed, productive citizens; and providing services that support and strengthen the family and protect its members.The proposed rule complies with federal requirements and position CSS to improve services to its customers.It supports the CSS strategic plan to promote high quality customer service and to improve performance measures necessary to maintain and improve the child support program.
Substantive changes.
Oklahoma Administrative Code (OAC) 340:25-5-179.1 is amended to update the amount of time CSS establishes support for a prior period from five years to two years per 10 O.S. § 83 and 56 O.S. § 238.6B.
Reasons.
Emergency approval is requested to bring the Oklahoma Administrative Code into compliance with state law.Senate Bill 1993 reduced the paternity judgment time frame from 5 years to 2 years.
Repercussions.
Failure to adopt this rule will allow inconsistency in Oklahoma statutes and the Oklahoma Administrative Code.
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; 10 O.S. § 83 and 56 O.S. § 238.6B.
Emergency rulemaking approval is requested.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:The classes of persons most likely to be affected by the proposed rule 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, and children.
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 rule.
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 DHS includes the cost of printing and distributing the rule and training materials 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.This proposal does not increase any agency’s duties or need for additional FTE.The revised rule will result in enhanced establishment and enforcement of child support orders.The proposed rule 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 rule does 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: This proposed rule is 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: This proposed rule is 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:This proposed rule is 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 this rules could result in confusion and delay in providing support for a prior period in paternity cases.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared June 2, 2014.
SUBCHAPTER 5. OPERATIONAL POLICIES
PART 21. ESTABLISHMENT
340:25-5-179.1. Establishment of support for a prior period
Revised 7-1-13 11-1-14
(a) Oklahoma Department of Human Services Child Support Services (OCSS)(CSS) establishes support for a prior period.
(1) When paternity is being established by court order or when paternity has been previously established by a signed Form 03PA209E, Acknowledgment of Paternity, OCSSCSS establishes current support and support for a prior period at the same time per Sections 83 and 7700-636 of Title 10 (10 O.S. §§ 83 and 7700-636), 43 O.S. §§ 118-118I and 119, and 56 O.S. § 238.6B.¢ 1& 2
(2) When a child(ren) is born during a marriage and no order addressing support for a prior period exists, OCSSCSS establishes support for a prior period per 43 O.S. §§ 118-118I and 119 and 56 O.S. § 238.1.¢ 1
(A) OCSSCSS establishes support for a prior period under this subsection only when:
(i) current child support is sought; and
(ii) Temporary Assistance for Needy Families (TANF) or Title IV-E and non-Title IV-E eligible foster care has been expended in any month during the past five two years per OAC 340:75-13-26.
(B) OCSSCSS may issue a Notice of Support Debt or file a district court action to establish support for a prior period.OCSSCSS limits this prior period to the number of months on TANF or Title IV-E and non-Title IV-E eligible foster care during the five years immediately before the date OCSSCSS issues the Notice of Support Debt, or files the district court action.
(b) When a child support order is entered against a minor noncustodial parent (NCP), OCSSCSS establishes support for a prior period under the criteria for establishing current child support per Oklahoma Administrative Code (OAC) 340:25-5-178.
(c) OCSSCSS does not establish an order for support for a prior period on an incarcerated NCP.OCSSCSS requests the court reserve the amount of child support for the period prior to the entry of the court order through the time of incarceration to the date the current child support obligation begins per OAC 340:25-5-178.
(d) When OCSSCSS establishes an order for support for a prior period for a child of a NCP or a custodial person who is a servicemember, OCSSCSS applies the provisions of the Servicemembers Civil Relief Act, codified in Sections 501 through 596 of Title 50A of the United States Code.¢ 3
(e) When the NCP is a current TANF or Supplemental Security Income (SSI) recipient and OCSSCSS:
(1) has information that the NCP had no obligation based on the child support guidelines for the prior period, OCSSCSS requests the court set the judgment at $0; or
(2) determines a debt may be owed for a prior period, OCSSCSS requests the court reserve the issue of support for a prior period until the NCP is no longer receiving TANF or SSI.
(f) OCSSCSS sets a monthly payment schedule per OAC 340:25-5-140.
INSTRUCTIONS TO STAFF 340:25-5-179.1
Revised 7-1-13
1.In all cases, Oklahoma Child Support Services (OCSS) staff requests the court set a periodic payment plan to collect support for a prior period.
2.OCSS staff follows the Guide to the Servicemembers Civil Relief Act (SCRA), available from the OCSS InfoNet, for procedure regarding:
(1) waivers of rights and protection per SCRA;
(2) appearance in court actions;
(3) stays of court; and
(4) default orders.
