COMMENT DUE DATE:  

September 8, 2014

DATE: 

August 27, 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:  

Non-APA WF 14-G

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  Non-APA .  This proposal is not subject to the Administrative Procedures Act

Effective date:September 15, 2014

SUBJECT:

CHAPTER 25. CHILD SUPPORT SERVICES

Subchapter 1. Scope and Applicability

OAC 340:25-1-5.1 Instruction to Staff (ITS) only [AMENDED]

Subchapter 3. Commissioned Peace Officers

OAC 340:25-3-3 ITS only [AMENDED]

Subchapter 5. Operational Policies

Part 9. Disclosure of Information

OAC 340:25-5-67 ITS only [AMENDED]

Part 15. Case Initiation, Case Management, and Case Closure

OAC 340:25-5-117 ITS only [AMENDED]

OAC 340:25-5-123 ITS only [AMENDED]

Part 21. Establishment.

OAC 340:25-5-176 ITS only [AMENDED]

OAC 340:25-5-178 ITS only [AMENDED

OAC 340:25-5-179.1 ITS only [AMENDED]

Part 23. Enforcement

OAC 340:25-5-200.2 ITS only [NEW]

OAC 340:25-5-211 ITS only [AMENDED]

(Reference WF 14-G)

SUMMARY:

The proposed revisions to Chapter 25 Subchapters 1, 3, and 5 are to implement Instructions to Staff (ITS) changes recommended during the CSS annual policy review process.

Oklahoma Administrative Code (OAC) 340:25-1-5.1 ITS are amended to direct staff to involve the CSS Military and Veterans coordinator when a service member's complaint is not resolved to his or her satisfaction.

OAC 340:25-3-3 ITS are amended to:(1) add language to explain how a customer can hire a private process server and what documents staff are to provide; (2) explain which documents to give a customer who shows up to a hearing without being served; (3) explain which computer screens to update with service of process information; and (4) explain what information to release for a private service of process.

OAC 340:25-5-67 ITS are amended to: (1) clarify when CSS may release Federal Tax Information (FTI); (2) clarify what information can be released and to whom; and (3) add language that CSS attorneys may release general benefit information only to the extent necessary to establish amounts owed to the state.

OAC 340:25-5-117 ITS are amended to: (1) explain the process of building a case when CSS receives a referral where the applicant is not the biological parent of the children but is a member of the household on a benefits case; and (2) clean-up general language to training materials.

OAC 340:25-5-123 ITS are amended to: (1) explain the process for closing a case when requested by a non-applicant because of family violence; (2) clarify which pending orders are completed prior to case closure; (3) directs staff to modify a child support order to $0 when a noncustodial parent (NCP) is receiving Supplemental Security Income (SSI); (4) provide staff with guidance on resolving child support enforcement actions when closing a case; (5) explain case closure procedure when there is a Family Violence Indicator associated with the case; and (6) explain the process for removing cases balances after a 60 Day Closure Notice has been sent.

OAC 340:25-5-176 ITS are amended to: (1) clarify when staff may use a genetic test from an outside lab; (2) explain when it is appropriate to reuse a genetic test from another case; and (3) explain the process to request reusing a genetic test when a non-custodial parent (NCP) fails to appear or does not give permission to reuse a genetic test.

OAC 340:25-5-178 ITS are amended to: (1) explain how and why staff calculate the guidelines when the combined amount of an NCP's Social Security Disability Insurance (SSD) and Supplemental Security Income (SSI) is less than the maximum SSI amount they can receive; (2) provide link to the maximum monthly SSI amounts; (3) explain that an NCP who apportions his or her disability benefits from the Veterans Administration (VA) to the custodial person should be considered in alternative compliance with the child support obligation; (4) explain how to address a VA apportionment when it is equal to and/or less than the court ordered child support amount; (5) update the hierarchy with examples explaining how to determine a parent's gross monthly income in the child support computation form; (6) add incarceration as an obstacle to employment in the reduced earning ability hierarchy; and (7) provide staff with the CSS Compliance Predictor Tool to set realistic child support orders.

OAC 340:25-5-179.1 ITS are amended to advise staff to reserve any judgment owed to the custodial parent (CP) for support for a prior period when the CP fails to appear in an establishment action.

OAC 340:25-5-200.2 ITS are added to clarify that CSS does not collect spousal support on behalf of a CP when the child no longer lives in the CP's home.

OAC 340:25-5-211.1 ITS are amended to: (1) provide the process when a customer requests a provisional driver license through the Department of Public Safety; (2) provide guidance to facilitate the reinstatement of the NCP's license when lack of a license is an obstacle to obtaining employment; and (3) direct staff to coordinate license reinstatement with all offices when an NCP has multiple cases.

LEGAL AUTHORITY:

Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes.

CHAPTER 25. CHILD SUPPORT SERVICES

SUBCHAPTER 1. SCOPE AND APPLICABILITY

340:25-1-5.1. Administrative complaint procedure

(a) Purpose and scope.

(1) The administrative complaint procedure is for Oklahoma Department of Human Services (OKDHS), Oklahoma Child Support Services (OCSS) IV-D customers.OCSS:

(A) represents the state's economic interest in children;

(B) does not represent parents, custodial persons, or children.Parents and custodial persons may apply for OCSS services, and OCSS enforces the duties of parents to support their children; and

(C) considers parents and custodial persons as customers, and treats them with dignity and respect.

(2) The administrative complaint procedure is established under Section 303.35 of Title 45 of the Code of Federal Regulations and is available to Oklahoma customers and those from other states.The purpose is to provide:

(A) OCSS customers an opportunity to raise concerns about services or treatment received, request an administrative review, and take appropriate action when there is evidence that an error occurred, or an action should have been taken on their case;¢ 1

(B) customers a fast and effective procedure for reviewing issues that have no other review process.The intent of the complaint procedure is to provide customers a process to have their cases reviewed and not to require formal administrative hearing processes or adjudication of complaints; and

(C) an informal rather than a formal hearing process.It does not replace or extend other child support enforcement processes, such as court processes, that are established by federal or state statutes, rules, or regulations.The complaint process is intended to remedy errors, not to allow individuals to dictate action in a case.¢ 2

(b) Procedure.

(1) Step 1.OCSS encourages any customer with a complaint about an OCSS district office or state office center to address the complaint orally or by letter, fax, or email to the OCSS district or state office for resolution.Interstate customers express their concerns to the IV-D agency in the state where they applied or were referred for services.¢ 3

(2) Step 2.

(A) If the customer receives no response or is dissatisfied with the response from the OCSS district or state office, the customer may contact Oklahoma Child Support Services, Attention:Center for Customer Services (CCS), P.O. Box 248822, Oklahoma City, Oklahoma 73124-8822 by mail, fax to 405-522-3685, email OCSS.Contact.CustomerOutreach@okdhs.org, or telephone 405-522-5871.The customer may describe the complaint on Form 03EN012E, Child Support Comments, available upon request by telephone, at a district office, or on the OKDHS website, that elicits the information listed in (i) through (ix), or by letter, fax, or email, including:

(i) first and last name;

(ii) standing of the person submitting the complaint, for example, the noncustodial parent, custodial person, biological parent, or an attorney of record or authorized representative on behalf of the noncustodial parent, custodial person, or biological parent;

(iii) the first and last names, mailing address, and telephone number of the attorney of record or authorized representative, if any;

(iv) Social Security number;

(v) child support case number;

(vi) mailing address;

(vii) telephone number;

(viii) an explanation, including names of people and locations, dates, and times of incidents; and

(ix) a description of the desired action to resolve the complaint.

(B) The CCS refers complaints about cases to the OCSS district office or state office center for administrative review.The district office or state office center conducts the administrative review and notifies the customer of the review's results and any actions taken within five days after CCS sends the written complaint.The method of notification is requested by the customer.If contact in the manner requested by the customer is unsuccessful, written notification is mailed.¢ 4

(3) Step 3.If the customer is dissatisfied with the response, the customer may ask for further review by submitting a request to the CCS.This request for review may be made by telephone, letter, fax, or email.

(A) The division director or a designee reviews the complaint, the administrative review of the complaint, and any action taken.

(B) Within five days after CCS receives the written request for further review, OCSS notifies the customer and the district office or state office center of the results and any actions taken.The method of notification is requested by the customer.If contact in the manner requested by the customer is unsuccessful, written notification is mailed.The result of this review is the final decision of OCSS.¢ 5

INSTRUCTIONS TO STAFF 340:25-1-5.1

Revised 7-1-119-15-14

1.Oklahoma Department of Human Services Child Support Services (OCSS) (CSS) advises interstate customers to address their concerns to the Title IV-D agency in the state where they applied or were referred for services.OCSS CSS conducts administrative reviews at the request of the other state Title IV-D agency.

2.(a) District offices determine appropriate action, as needed, to resolve the complaint, subject to review and modification, by the OCSS CSS division director or designee.

(b) When the case involves a customer who is in the military or a veteran and the complaint is not resolved to the customer's satisfaction, the office coordinates with the CSS Military and Veterans Coordinator to determine an appropriate course of action.

(c) Customers include custodial persons, noncustodial parents, biological parents, and their attorneys of record and authorized representatives.

3.Child support offices make complaint procedure notices available to customers.Information about the complaint procedure is available from the OCSS CSS Internet at ttp://www.okdhs.org/library/forms/default.htm.

4.The managing attorney, office manager, or assistant district attorney in charge of a district office or the manager in charge of a state office center conducts the administrative review or designates an appropriate person per OAC Oklahoma Administrative Code 340:25-5-200.1(c) through (e).The person conducting the administrative review sends a copy of the response to the customer and to the Center for Customer Service (CCS).

5.CCS sends the district office or the state office center a copy of the response and track complaints.

SUBCHAPTER 3. COMMISSIONED PEACE OFFICERS

340:25-3-3. Service of process

(a) Authority.Oklahoma Child Support Services (OCSS) follows the provisions of Section 2004 of Title 12 of the Oklahoma Statutes (12 O.S. § 2004) for service of process.OCSS uses the most cost effective and efficient method of service of process depending on what is most appropriate under the facts of the case.¢ 1

(b) Service by acknowledgment.When feasible, OCSS delivers the documents directly to a party and requests the party accept and acknowledge service.The Acknowledgment of Service is filed in the court case.¢ 12

(c) Service by regular mail to address of record.Service to the address of record is not appropriate when the:

(1) remedy sought may result in the obligor's incarceration; or

(2) court may require a higher level of notice to the affected party, including, but not limited to, actions to determine paternity.

(d) Personal service.OCSS uses personal service when:

(1) a person has not accepted service by certified mail;

(2) service to the address of record is not appropriate;

(3) case history indicates a low probability of acceptance of service by certified mail; or

(4) the court requires personal service.¢ 23

(e) Diligent efforts.Diligent efforts means repeated attempts to serve the person at least three times, and at different times of day or on different days of the week, before declaring inability to serve.OCSS:

(1) attempts to serve process in the manner and at the time and place most reasonably calculated to complete service of process in the most efficient and cost effective manner;

(2) makes diligent efforts to serve process utilizing all information:

(A) provided by OCSS staff;

(B) documented in the case record; or

(C) gathered from other locate resources;

(3) provides address and employer information to the process server;

(4) attempts to serve the person at:

(A) work;

(B) home; or

(C) other locations based on information gathered on the person's lifestyle; and

(5) documents all facts about attempts to serve process in the case record.¢ 34

(f) Minor noncustodial parent. OCSS serves a minor noncustodial parent (NCP) who is:

(1) 15 years of age or older per 12 O.S. § 2004; or

(2) younger than 15 years of age, through a parent, guardian, or other appropriate adult as the next friend of the minor NCP.

INSTRUCTIONS TO STAFF 340:25-3-3

Revised 7-1-139-15-14

1.(a) Unless there is a family violence indicator on the case, upon request, Oklahoma Department of Human Services Child Support Services (CSS) staff provides legal documents with an instructional cover letter for a customer to serve on the other party by a process server, hired by a customer.The customer must return an Affidavit of Service signed by the process server to CSS for filing in the court action.

(b) When a party appears for hearing without being served, CSS staff provides copies of the legal documents to the party and has the party sign an Acknowledgment of Receipt that CSS files with the court.

(c) CSS staff updates the automated Oklahoma Support Information System (OSIS) Case Log Add (CSLOGA) and Document Service Update (DOCSU) screens with the date of the Acknowledgment of Receipt or Affidavit of Service.

(d) CSS does not release locate information to a customer for the purpose of service by private process server, except for a request for release of an Address of Record, per Oklahoma Administrative Code 340:25-5-340.1.

2.Oklahoma Child Support Services (OCSS) CSS staff may use service by acknowledgment to serve documents on an incarcerated party.

23.Examples of situations where personal service is appropriate include when the:

(1) party to be served is scheduled to appear in court on another matter;

(2) party's employment necessitates frequent travel;

(3) party cannot be served by mail or at home;

(4) party's employment address is the only available service location.

34.OCSS CSS staff updates the automated Oklahoma Support Information System Case Log Add (OSIS CSLOGA) and Document Service Update (DOCSU) screens with all service attempts and completed service.

SUBCHAPTER 5. OPERATIONAL POLICIES

PART 9. DISCLOSURE OF INFORMATION

340:25-5-67. Information disclosure

(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 per Section 183 of Title 56 of the Oklahoma Statutes (56 O.S. § 183). ¢ 1

(1)All files and records concerning the assistance or services provided under the child support program or concerning an alleged father of a child born out of wedlock are confidential per 56 O.S. § 237, except as otherwise authorized by law.

(2) Any information 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.OCSS complies with the limitations imposed by federal laws andregulations per Section 653 of Title 42 of the United States Code (42 U.S.C. § 653), Section 285.3 of Title 31 of the Code of Federal Regulations (31 C.F.R. § 285.3), and Internal Revenue Service Publication 1075.

(3) Nothing in this Section authorizes disclosure of the location or information that may lead to discovery of the location of a case participant with a family violence indicator per OAC 340:25-5-67.1.

(4) OCSS redacts personal information, including Social Security and driver's license numbers, from court documents prior to filing them, pursuant to Rule 31 of the Rules for District Courts of Oklahoma.

(b) Authorized disclosure.Information, when requested per OAC 340:25-5-68, may be shared with:¢ 2 & 3

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

(A) exchange of information to the extent necessary to carry out the state agency Title 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 programs and other state agencies, other states and countries, and federal and tribal agencies;

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

(C) release of information received from the Federal Parent Locator Service, through the State Parent Locator Service, to an authorized person per 42 U.S.C. § 663 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 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¢ 34

(D) release of Social Security numbers for child support purposes, such as:

(i) locating the parents;

(ii) submitting cases for federal administrative and income tax refund offset;

(iii) state income tax refund offset;

(iv) financial institution data match;

(v) enrolling children as beneficiaries of health insurance coverage; and

(vi) processing interstate child support services;

(2) parties to a child support case, their attorneys, interpreters, and authorized representatives, who may only access:¢ 45 & 6

(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 Title 43 or 56 of the Oklahoma Statutes disclosed for the purpose of reviewing, establishing, or modifying a support order;

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

(F) information necessary to access court-ordered health care coverage and obtain health care for the children; and

(G) address of record for service of process per 43 O.S. § 112A.The address of record must only be released per OAC 340:25-5-340.1;

(3) employers and plan administrators, who may only access information necessary to enroll children as beneficiaries of court-ordered health insurance coverage; and

(4) persons as directed by court order or by a subpoena approved by an OCSS state's attorney.¢ 67

INSTRUCTIONS TO STAFF 340:25-5-67

Revised 7-1-139-15-14

1.(a) No employee or agent of the Oklahoma Department of Human Services (OKDHS) (DHS) accesses or uses confidential information or data obtained through the child support program except on a need to know basis in the performance of his or her official duties as an OKDHS a DHSemployee or agent.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.

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

(1) any OKDHS DHS employee or agent are reported by Oklahoma DHS Child Support Services (OCSS)(CSS) staff to the employee or agent's supervisor; and

(2) an a OKDHSDHSagent are reported by OCSSCSS supervisors to the supervisor of the agent.

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

2.Release of information.

(a) OCSSCSS releases written child support payment information to housing authorities and other entities upon written authorization of the custodial person (CP) or noncustodial parent (NCP).District offices may coordinate this release of information to housing authorities with OCSS CSS Center for Customer Service.

(b) OCSSCSS releases information to Child Welfare Services (CW) (CWS) staff to facilitate the location of any individual who has or may have parental rights with respect to a child and may be a potential placement for the child.To assist CW CWS staff in carrying out child welfare responsibilities under Titles IV-B and IV-E programs, OCSSCSS staff provides the following information about the NCP, alleged father, CP, or child:

(1) name;

(2) Social Security number;

(3) address;

(4) employer's name, address, and identification (ID) number;

(5) income and benefits of employment, including health care coverage; and

(6) the type, status, location, and amount of assets or debts owed by or to the individual.

(c) OCSSCSS does not release Financial Institution Data Match (FIDM) information or Internal Revenue Service (IRS) information unless OCSSCSS obtained the information from another source.CSS limits disclosure of Federal Tax Information (FTI) per (1) through (4) of this subsection.

(1) Per IRS Publication 1075, limited information may be disclosed to CSS agents or contractors for the purpose of, and to the extent necessary in, establishing and collecting child support obligations from, and locating individuals owing such obligations.The information disclosure is limited to the:

(i) address;

(ii) Social Security number of an individual against whom CSS is seeking to establish or enforce child support obligations; and

(iii) amount offset from any tax refund otherwise payable to such individual per IRS Code Section 6402(c).

(2) When handling caseworker questions from other DHS offices or programs, CSS cannot specifically identify information about FTI.In response to an inquiry, staff may disclose the payment amount as a:

(i) non-regular payment from a non-wage source; or

(ii) one-time lump-sum payment.

(3) CSS is permitted to inform a CP or his or her authorized representative or attorney that CSS has received a federal income tax refund offset and the payment amount.CSS cannot provide the NCP address, wage data, or other FTI provided by the IRS.

(4) CSS is permitted to confirm to the NCP taxpayer or NCP's spouse and/or joint filer that CSS received a federal income tax refund offset.

(d) CSS may release Financial Institution Data Match (FIDM) information as to the amount and source of payment, such as a bank levy.CSS cannot disclose specific account information or details, such as the name of the bank.

(d)(e) OCSSCSS releases information to entities, such as:

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

(2) personnel in the juvenile court system, in order to assist with administering Titles IV-B and IV-E programs;

(3) law enforcement personnel prosecuting federal and state child support enforcement crimes, parental kidnapping, and statutory rape; and

(4) staff administering Title IV-A programs.

(e)(f) OCSSCSS does not release information to law enforcement personnel prosecuting crimes unrelated to the provision of Title IV-D services per OAC Oklahoma Administrative Code 340:25-1-1.2.

3.CSS staff may release general information that benefits were paid on behalf of the children to establish the fact that amounts are due to the state, that CSS is a necessary party, or that the case cannot be closed because benefits are being expended. When benefit information is contested, CSS state's attorneys may release information regarding the payment, amount, and dates of benefits paid on behalf of the children to the court per Section 237(H) of Title 56 of the Oklahoma Statutes (56 O.S. § 237(H)). CSS state's attorneys release information only to the extent necessary to establish amounts owed to the state.

4.Parent Locator Service.

(a) When a Child Protective Service Alert (CPSA or PSA) indicator appears during a search for history on a family in the KIDS or IMS system, as a PSA case type in KIDS and a CPSA designation in IMS on a CWS case, OCSSCSS staff releases locate information to OKDHS DHS Child Welfare Services CWS at 405-521-3777.

(b) When CW CWS staff requests Federal Parent Locator Service (FPLS) information from OCSSCSS, CW CWS staff must submit a request to the State Parent Locator Service (SPLS) in the Programs Unit of OCSSCSS.For example, CW CWS staff may request locate information from SPLS to locate a non-parent for researching a possible placement for a deprived child.

(1) OCSSCSS staff directs authorized persons requesting FPLS information to submit their requests to the SPLS.

(2) The SPLS provides the information to the requester in person or by email, telephone, or letter, rather than through the automated system.

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

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

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

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

45.When a party to a child support case is represented by an attorney, per the Oklahoma Rules of Professional Conduct, Chapter 1, Appendix 3-A of Title 5 of the Oklahoma Statutes, OCSSCSS staff may not discuss the case with the party without the attorney's permission.When a represented party contacts OCSSCSS for information and OCSSCSS has not received the attorney's permission to communicate with the party, OCSSCSS may only release case information available in OCSSCSS records, including the:

(1) date and location of the next court hearing;

(2) status of service of process of pleadings on the other party in actions initiated by OCSSCSS; and

(3) child support payment information and arrearage balance information.

56.When a party who appears in the record to be represented by counsel claims to be unrepresented, OCSSCSS initiates contact with the attorney to confirm the status of the representation.

67.A subpoena is not a court order requiring automatic release of information.OCSSCSS state's attorneys review court orders and subpoenas before OCSSCSS releases information as directed by a court order or subpoena.

PART 15. CASE INITIATION, CASE MANAGEMENT, AND CASE CLOSURE

340:25-5-117. Initiation of IV-D cases

(a) Title IV-A, Title IV-E foster care, non-TANF SoonerCare (Medicaid), and child care subsidy referrals.

(1) Oklahoma Child Support Services (OCSS) automatically initiates child support cases without additional application for certified Title IV-A, Title IV-E foster care, non-Temporary Assistance for Needy Families (TANF) SoonerCare (Medicaid), and child care subsidy referrals. ¢ 1 & 2

(2) Custodial persons who apply for non-TANF SoonerCare (Medicaid) on behalf of themselves and their child(ren) must assign medical support rights to the state per Section 1396k of Title 42 of the United States Code.

(A) A referral from the Oklahoma Health Care Authority (OHCA) means receipt of data that includes verified information with no errors or duplications that is sufficient for OCSS to initiate a child support case.¢ 2 & 3

(B) These custodial persons must cooperate in establishing paternity and obtaining medical support unless an exception exists per Sections 1396a(l)(1)(A), 1396k, or 1396r‑6 of Title 42 of the United States Code.¢ 34

(C)OCSS must open a Title IV-D medical enforcement only case per OAC 340:25-5-169.OCSS may open a full-service case to provide all appropriate Title IV‑D services per OAC 340:25-1-1.2 at the custodial person's request.¢ 42 & 5

(3) When OCSS receives a referral from the Family Support Services Division worker per OAC 340:40-7-9, OCSS must open a full-service case if any of the applicant's children in the household are certified for a child care subsidy.¢ 56

(4) When OCSS receives a non-TANF SoonerCare (Medicaid) referral from the OHCA in which assigned court-ordered or cash medical support child support is owed, OCSSmust open a full-service case per OAC 340:25-5-169.

(5) Custodial persons who apply for non-TANF SoonerCare (Medicaid) on behalf of their child(ren) only are not required to cooperate in establishing paternity and obtaining medical support.Therefore, except when (a)(3) of this Section applies, OCSS does not provide child support services unless the custodial person has made a request for a full-service case or the case is for medical enforcement only.¢ 45

(b) Termination of Title IV-A, Title IV-E foster care, and non-TANF SoonerCare (Medicaid) benefits.When a family is no longer eligible for assistance under Titles IV-A, Title IV-E foster care, or SoonerCare (Medicaid) programs, all appropriate Title IV-D services continue without application per Section 302.33 of Title 45 of the Code of Federal Regulations.Non-TANF SoonerCare (Medicaid) cases previously limited to medical support continue as full-service cases.If a custodial person refuses continued Title IV-D services and subsequently requests services, the person must submit a completed and signed Form 03EN001E, Application for Child Support Services, even if OCSS has an active case because of unreimbursed assistance owed to the state.

(c) Referrals from other jurisdictions. OCSS accepts cases referred:

(1) by any state or tribal Title IV-D agency and from other countries when the noncustodial parent resides in Oklahoma. OCSS does not require an application for cases referred from another Title IV-D agency;

(2) by interstate referrals for judgment only collections if the case was opened in the initiating state during the minority of any child on the case; or

(3) when Oklahoma is an appropriate jurisdiction to establish, enforce, modify, or determine the controlling order per the Uniform Interstate Family Support Act in Sections 601-101 through 601-901 of Title 43 of the Oklahoma Statutes, whether or not the noncustodial parent resides in Oklahoma.

(d) Responses from noncustodial parents who sign an acknowledgment of paternity.OCSS opens full-service cases for noncustodial parents who have filed Form 03PA209E, Acknowledgment of Paternity, with the Oklahoma State Department of Health, Division of Vital Records, and requested child support services by completing and signing Form 03EN001E in response to outreach letters sent to them.

(e) Other Title IV-D cases.Except as provided in subsections (a), (c), and (d) of this Section, an applicant must submit a completed and signed Form 03EN001E to receive all appropriate child support services or locate only services.

(f) Building case balances.

(1) OCSS builds case balances on new and reopened cases per OAC 340:25-5-140.

(2) When OCSS opens a case and has information the noncustodial parent has made payments in excess of the court-ordered child support order, OCSS only collects the excess payment when a court has determined the amount of the excess payment and ordered that it be satisfied by offset against the monthly current child support obligation.¢ 67

INSTRUCTIONS TO STAFF 340:25-5-117

Revised 7-1-139-15-14

1.(a) When one district office transfers a referral that is 15 or fewer calendar days old to another office through an update on the automated Oklahoma Support Information System (OSIS) Referral List screen (RFLI), the sending office notifies the receiving office of the transfer by email.The email includes the Family Group Number (FGN) and the district court case number when applicable.

(b) When the referral is more than 15 calendar days old, the initiating office builds or cross-references the case on OSIS prior to transferring the case and notifies the receiving office of the transfer by email.The initiating office updates the OSIS Case Log (CSLOG) screen with information about the actions taken.

2.When the Oklahoma Department of Human Services Child Support Services (CSS) receives a referral where the applicant for benefits is not the biological parent (BP) of the child(ren) on the case, but the BP is listed as a member of the household on the benefits case, CSS staff builds the child support case with the BP as the custodial person (CP).When there is an order in place naming the applicant/non-biological parent as the legal custodian of the child(ren), CSS staff builds the case with the applicant listed as the CP.

23.Oklahoma Child Support Services (OCSS) CSS staff is not authorized to select and update Oklahoma Health Care Authority Agency View with the primary care provider, unless the SoonerCare (Medicaid) client advised OCSS CSS what provider to add.

34.The exceptions to the cooperation requirement include:

(1) SoonerCare (Medicaid) eligible pregnant women during their pregnancy and postpartum period;

(2) persons receiving continued medical benefits; and

(3) persons with good cause.

45.(a) When initiating child support cases on non-TANF (Temporary Assistance for Needy Families) SoonerCare (Medicaid) referrals, OCSS CSS staff follows the:

(1) Case Initiation and Case Closure Child Support Manual, The Application Process & Building the Case in OSIS Chapter in the Case Initiation and Case Closure section of the Education page on the CSS InfoNet for information on the application process and building the case on OSIS.OCSS staff accesses the Child Support Manual on the OCSS InfoNet;

(2) Medical Child Support Manual, Medical Support Chapter in the Medical Section of the Education page on the CSS InfoNet for information on medical support; and

(3) federal Office of Child Support Enforcement (OCSE) Dear Colleague Letter DCL-00-122, Health Care Financing Administration Letter to State Medicaid Directors, available from the OCSE website, http://www.acf.hhs.gov/programs/cse/pol/DCL/2000/dcl-00-122.htm.

(b) OCSS CSS staff follows the Child Support Training Minute:Case Initiation on Resolving Erroneous and Duplicate Referral Information from the Oklahoma Health Care Authority for the process to close the case, update the referral to the appropriate level of child support services, or to remove the referral by indicating child support services were declined.OCSS CSS staff accesses the Child Support Training Minute on the OCSS CSS InfoNet Home Education page.

56.Once the referral is sent to OCSS CSS, the custodial person may call OCSS CSS and request the child support case be closed because he or she is receiving court-ordered child support per Adult and Family Services memo 05-12.OCSS CSS staff decides whether the child support case can be closed without penalty to the child care subsidy recipient.When OCSS CSS staff decides no penalty is required, closure reason code 01 on the CCPI CSCU screen of OSIS is used.

67.OCSS CSS does not build the excess payment as part of the case balance.When a court ordered the excess payment to be satisfied by offset against monthly current child support, OCSS CSS gives credit each month against the monthly child support obligation until the excess payment is satisfied in full.For example, when the monthly child support obligation is $1,000 and the noncustodial parent paid $600 in excess of the child support order prior to OCSS CSS opening the case, OCSS CSS staff builds the $1,000 obligation on OSIS and reduce reduces the monthly child support obligation by $200 per month each month until the $600 is paid in full.

340:25-5-123. Case closure system

(a) Oklahoma Child Support Services (OCSS) closes cases eligible for closure per Section 303.11 of Title 45 of the Code of Federal Regulations (45 C.F.R. § 303.11).¢ 1

(b) A child support case may not be closed when there is a pending paternity, establishment, or modification action filed with the court by OCSS and the non-applicant has been served, unless the pending action is withdrawn or dismissed at the discretion of the OCSS state's attorney.¢ 2 & 3

(c) A child support case may be closed when any of the criteria in (1) through (4) of this subsection applies.

(1) Less than $500 in court-ordered support is owed to the state, unless there has been a:

(A) collection during the past six months; or

(B) federal or state income tax refund intercept in the past 18 months. ¢ 32

(2) The custodial person (CP) is participating in the Oklahoma Department of Human Services (OKDHS) Child Care Subsidy Program, is not receiving Temporary Assistance for Needy Families (TANF) or non-TANF SoonerCare (Medicaid), requests closure, and (A) and (B) apply.

(A) There is a child support order.

(B) The CP is receiving the full amount of the current monthly child support obligation and has reported to his or her Adult and Family Services worker receipt of this child support income.¢ 3 & 4

(3) The CP is participating in the OKDHS Child Care Subsidy Program, is receiving non-TANF SoonerCare (Medicaid) benefits for a child(ren) only, requests closure, and all the criteria in (2) of this subsection apply.¢ 1, 3 & 54

(4) The noncustodial parent is receiving Supplemental Security Income, has no income or assets to pay arrears, and the child support order is set at or modified to $0 per month due to the parent's disability and lack of income.¢ 5

(d) A child support case may be closed when the CP receives non-TANF SoonerCare (Medicaid) child-only benefits when:

(1) the case is received from Oklahoma Health Care Authority as a referral, but OCSS learns the CP desires to decline child support services and no service of process is initiated on a legal action filed by OCSS to establish or enforce the child support order, including the medical support portion; or¢ 6

(2) the CP:

(A) cannot be located 45 C.F.R. § 303.11(b)(10); or

(B) fails to cooperate and an action by the CP is essential for the next step in providing child support services per 45 C.F.R. § 303.11(b)(11).¢ 7

(e) The case applicant requests that a child support case be closed by submitting OCSS Form 03GN542E, Application for Case Closure.When an Application for Case Closure is received, OCSS staff determines whether the case meets federal case closure criteria per 45 C.F.R. § 303.11.

(f) When OCSS staff closes a case, OCSS:¢ 8 & 9

(1) terminates the Order or Notice to Withhold Income for Child Support with the employer per OAC 340:25-5-201.1;¢ 810

(2) removes case balances¢ 11; and

(3) documents the date and amounts removed on the automated Oklahoma Support Information System Case Log (CSLOG) screen.

(g) Per 45 C.F.R. § 302.33 when Title IV-A TANF, Title IV-E foster care, and non-TANF SoonerCare (Medicaid) services are discontinued, OCSS notifies the recipient that OCSS maintains a full-service child support case, unless the CP declines services in writing.If the CP declines services in writing, OCSS closes the case.If the CP fails to respond, OCSS maintains a full-service child support case.

INSTRUCTIONS TO STAFF 340:25-5-123

Revised 7-1-139-15-14

1.(a) Oklahoma Department of Human Services Child Support Services (OCSS)(CSS) staff follows the Case Initiation and Case Closure Child Support Manual, Case Closure Chapter for information on case closure.OCSS CSS staff accesses the Child Support Manual on the OCSS CSS InfoNet Home page.

(b) When CSS receives a written request for case closure for good cause by a non-applicant, district office management in consultation with the Family Violence Program Field Representative, determine whether good cause is met per Oklahoma Administrative Code (OAC) 340:10-10-6 criteria.

(c) When a 60-calendar day closure notice is required, CSS staff refers to the Case Closure Training Minute on the CSS InfoNet Home Page.

2.OCSS may withdraw or dismiss a pending action at the OCSS state's attorney's discretion if the withdrawal or dismissal is in the best interest of the child.

3.OCSS CSS does not close a case only because the applicant moves out-of-state.

43.(a) OCSS CSS staff manually reviews the OCSS CSS CP Day Care Closure (CSDCC) screen on the automated Oklahoma Support Information System (OSIS) to determine if the amount of child support income in the F95 block on the EF screen of the automated Adult and Family Services (AFS) PS2 system is equal to or greater than the child's court-ordered monthly child support amount on the Obligation Current Support Inquiry (OBCSI) screen.

(b) If When the amount in the F95 block is equal to or greater than the amount on the OBCSI screen, a message, "ENTER 'X' TO CLOSE CASE," appears on the CSDCC screen allowing child support staff to close the case if when the criteria in OAC 340:25-5-123(c) are met.

(c) If When the amount per child in the F95 block is less than the court-ordered amount, the message "IF FSSD HAS VERIFIED CHILD SUPPORT INCOME, ENTER 'X' TO CLOSE CASE" appears.OCSS CSS staff emails the Adult and Family Services (AFS) worker and the county director to report the discrepancy and request verification of the monthly amount of child support income reported by the custodial person (CP) to the AFS program worker.

(d) OCSS CSS staff documents on the Case Log Add (CSLOGA) screen when the email was sent to the AFS program worker.When the AFS program worker emails OCSS CSS staff confirming the monthly amount of child support income reported by the CP, OCSS CSS staff may close the child support case if when the criteria in OAC 340:25-5-123(c) are met.OCSS CSS staff must document on CSLOGA the date when the AFS program worker emailed OCSS and the information provided.

54.(a) OCSS CSS does not close a child support case in which a CP is receiving a child care subsidy referral at the CP's request, except per OAC 340:25-5-123(c)(2).

(b) When OCSS CSS receives a payment on a non-Temporary Assistance for Needy Families (TANF) SoonerCare (Medicaid) benefits only case, OCSS CSS staff processes the case as described in (1) through (3) of this subsection.

(1) District office staff:

(A) resolves the payment on OSIS in the OCSS CSS Undistributed Payments Select Menu (UNDL) screen by using the OCSS CSS Financial Notes Add (UNDR) screen and coding the payment with a 'W' resolution indicator and a note that the payment is a non-Title IV-D pass through; and

(B) closes the case on OSIS with the closure codes 04/01.

(2) Center for Finance and Budget staff logs the payment for issuance to the CP as a non-Title IV-D pass through case per OAC 340:25-5-350.3.

(3) District office staff reviews the child support order for a medical support provision per OAC 340:25-5-168 and, if there is no such provision:

(A) re-opens the child support case to obtain a modification of the child support order to include a medical support provision, document medical insurance actually provided, and/or issue a National Medical Support Notice to an existing employer per OAC 340:25-5-171;

(B) updates OSIS with this information; and

(C) closes the case with OSIS closure codes 04/01.

5.When the monthly child support is not set at $0 prior to closing, CSS modifies the order for current support to $0 per month so child support does not accrue.

6.OCSS CSS staff follows the Child Support Training Minute:Case Initiation on Resolving Erroneous and Duplicate Referral Information from the Oklahoma Health Care Authority for the process to close the case, update the referral to the appropriate level of child support services, or to remove the referral by indicating that child support services have been were declined.OCSS CSS staff accesses the Child Support Training Minute on the OCSS CSS InfoNet Home page.

7.Examples of appropriate and not appropriate for noncooperation in a child-only SoonerCare (Medicaid) case include, but are not limited to:

(1) appropriate:when the CP refuses to bring the child in for court-ordered genetic testing, despite multiple notices to do so.The case may be closed because genetic testing when ordered, is an essential next step for establishing paternity per OAC 340:25-5-114 Instructions to Staff # 2 for noncooperation.; or

(2) not appropriate:when the noncustodial parent has requested a review of the order, but the CP fails to appear at the modification hearing after having been served with notice.The court enters an order imputing income to the CP despite the CP's failure to appear.The case may not be closed because OCSS CSS was able to proceed with the modification without the CP's appearance per OAC 340:25-5-114 ITS 2(c).

8.(a) When CSS is no longer providing child support services staff resolves enforcement actions by:

(1) releasing liens and levies;

(2) dismissing pending court actions, such as contempt;

(3) reinstating any revoked or suspended licenses;

(4) removing the NCP from the Most Wanted and Missing Parents Program lists; and

(5) requesting the court withdraw bench warrants.

(b) Staff leaves in place actions that affect any case other than the case being closed.

9.When a case is closing and has a Family Violence Indicator (FVI):

(1) without a pass-through, staff follows the Child Support Manual, Address of Record & Family Violence Chapter on the CSS InfoNet Education page for direction to remove the FVI and document the removal on CSLOGA; or

(2) with a pass-through and an Order/Notice to Withhold Income for Child Support (IWO), staff does not remove the FVI.

810.When it has been is determined that a case qualifies for closure, OCSS CSS terminates the state's Order/Notice to Withhold Income for Child Support (IWO).At the applicant's request, OCSS CSS initiates a new IWO in the applicant's name, at the same time the state's IWO is terminated.

11.When a 60 Day Closure Notice is sent, CSS finance staff sets the child support accrual end date on the Obligation Information Per Child page of the OBLU screen in OSIS, as the last day of the month following the 60-calendar day period.Staff removes balances from the case after the 60-calendar day time period lapses.

PART 21. ESTABLISHMENT

340:25-5-176. Establishment of paternity

(a) In cases where paternity has not been legally established, Oklahoma Child Support Services (OCSS) establishes paternity and provides genetic testing per:

(1) Sections 653, 654, and 666 of Title 42 of the United States Code;

(2) Parts 302 and 303 of Title 45 of the Code of Federal Regulations; and

(3) Sections 83, 84, 90.4, and 7700-101 through 7700-902 of Title 10, Sections 601-201, 601-401, and 601-701 of Title 43, Sections 230.60 and 231 through 240.23 of Title 56, and Sections 1-311 and 1-321 of Title 63 of the Oklahoma Statutes.¢ 1

(b) OCSS only initiates a paternity action when the child has no legal father.¢ 2 & 3 through 5A child has a legal father when:

(1) paternity has been voluntarily acknowledged in Oklahoma or another state and not rescinded within 60 days; [10 O.S. §§ 7700-301 through 7700-314]

(2) the child has a presumed father; or [10 O.S. § 7700-204]¢ 46

(3) paternity has been established by a district or administrative court order.[10 O.S. § 7700-636]

(c) OCSS provides Form 03PA209E, Acknowledgment of Paternity, for voluntary acknowledgment of paternity under Section 7700-312 of Title 10 and Sections 1-311 and 1-311.3 of Title 63 of the Oklahoma Statutes.OCSS also provides several companion forms described in paragraphs (1) through (4) of this subsection.The forms include instructions for completion.Signed and witnessed forms must be filed with the Oklahoma State Department of Health (OSDH), Division of Vital Records.

(1) When parents of an adult child, age 18 years or older, complete Form 03PA209E, the adult child must give consent to add the natural father's name to the birth certificate.The child indicates consent by signing Form 03PA212E, Adult Child's (18 Years or Older) Consent.

(2) Form 03PA210E, Denial of Paternity, must accompany Form 03PA209E if the mother of a child is married to someone other than the natural father and the child is born within 300 days after the marriage is terminated under Section 7700-204 of Title 10 of the Oklahoma Statutes.¢ 57

(3) Under Sections 7700-307 and 7700-312 of Title 10 of the Oklahoma Statutes, OCSS provides Form 03PA211E, Rescission of Acknowledgment of Paternity, for a person to use to cancel the legal finding of paternity created by having previously signed Form 03PA209E.This form must be completed, signed, and filed with the OSDH Division of Vital Records within 60 days after the date of the last signature on Form 03PA209E.¢ 3

(A) When a person submits Form 03PA211E within 60 days after the date of the last signature on Form 03PA209E, OCSS sends notice of the rescission to all other signatories on Forms 03PA209E and 03PA210E.Notice is given by mailing a copy of the rescission to the address of the signatories as shown on Forms 03PA209E and 03PA210E and to the last-known address of the signatories, if different.

(B) When rescissions are submitted to OCSS past the 60-day time period, OCSS sends a letter to the person who submitted Form 03PA211E informing the person that the rescission is invalid because it was not timely submitted.

(4) Under Sections 7700-307 and 7700-312 of Title 10 of the Oklahoma Statutes, OCSS provides Form 03PA213E, Rescission of Denial of Paternity, for a person to use to cancel the legal finding of paternity created by having previously signed Form 03PA210E.Form 03PA213E must be completed, signed, and filed with the OSDH Division of Vital Records within 60 days after the date of the last signature on Forms 03PA209E and 03PA210E.¢ 57

(A) When a person submits Form 03PA213E to OCSS within 60 days after the date of the last signatures on Forms 03PA209E and 03PA210E, OCSS sends notice of the rescission to all other signatories of Forms 03PA209E and 03PA210E.Notice is given by mailing a copy of the rescission to the address of the signatories as shown on Forms 03PA209E and 03PA210E and to the last known addresses of the signatories, if different.

(B) When a rescission of denial is submitted to OCSS past the 60-day time period, OCSS sends a letter to the person who submitted Form 03PA213E informing the person that the rescission of denial is invalid because it was not timely submitted.

(d) When OCSS establishes paternity against an alleged father or with a custodial person, either of whom is a servicemember, OCSS applies the provisions of the Servicemembers Civil Relief Act, codified in Sections 501 through 596 of Title 50A of the United States Code.¢ 68

(e) When OCSS has the cooperation of a deceased alleged father's relatives, OCSS establishes paternity of the child(ren) through genetic testing of the relatives as necessary according to the standards and provisions of the Uniform Parentage Act, Sections 7700-501 through 7700-511 of Title 10 of the Oklahoma Statutes.¢ 7 5 & 9

(f) OCSS establishes paternity against an alleged father who is disabled and receiving monthly Supplemental Security Income before reviewing the case for possible closure per OAC 340:25-5-123.

(g) When a default paternity order has been entered and either party contacts OCSS in writing within 30 days of entry of the default order, OCSS treats the request as a motion to vacate or modify the default order.After the request is filed with the district court or Office of Administrative Hearings:Child Support, OCSS pursues genetic testing and vacates or amends the default order as necessary based on findings.¢ 810

(h) Genetic testing costs incurred in paternity establishment cases are paid as follows:

(1) OCSS advances the costs for genetic testing and recovers the genetic test costs from the noncustodial parent or as ordered by the court.

(2) When OCSS paternity results are contested, OCSS requests payment in advance of a second genetic test by the requesting party.

(3) When a court orders OCSS to provide genetic testing and OCSS does not have a case open for services, OCSS requires a party to complete an application for services prior to advancing the costs of genetic testing.

(4) In interstate cases, OCSS follows OAC 340:25-5-270.

INSTRUCTIONS TO STAFF 340:25-5-176

Revised 7-1-139-15-14

1.The Oklahoma Department of Human Services (OKDHS) (DHS) Director authorizes Oklahoma Child Support Services OCSS CSS state's attorneys, as designees, to approve orders for genetic testing issued by the Director's authority under per Section 240.23 of Title 56 of the Oklahoma Statutes, (56 O.S. § 240.23) through the OCSS CSS Director's Authorization memorandum dated December, 2012.

2.(a) The P04, Paternity Questionnaire, completed by the mother is an essential step in OCSS CSS paternity actions.OCSS CSS staff proceeds with a paternity action when the case file includes a completed and signed P04 for each child. When OCSS CSS is unable to obtain a completed and signed P04 by the mother and has exhausted all applicable noncooperation processes under OAC per Oklahoma Administrative Code 340:25-5-114, staff consults the OCSS CSS state's attorneys to determine if OCSS CSS can proceed with the paternity action.

(b) OCSS CSS staff includes Form 03PA208E, Paternity Petition Cover Sheet, on every paternity action, as it explains the paternity action and the legal consequences when the alleged father does not respond in writing or appear at the hearing.

3.When an alleged father is incarcerated, OCSS CSS serves the alleged father with the paternity pleadings, and may also send a copy of the pleadings, a waiver of service, and a genetic test order by regular mail.OCSS CSS staff schedules genetic testing for an incarcerated, alleged father unless the father acknowledges paternity in writing or through court testimony.

4.When a party presents a genetic test result from an outside lab, CSS staff requests the state's attorney review the results prior to proceeding further. When the genetic test results are from a lab accredited per 10 O.S. § 7700-503, and the state's attorney accepts the genetic test results, CSS agrees to offer the genetic test results to the court as evidence of paternity. When the state's attorney questions the validity of the test, CSS requests a genetic test from the CSS contracted lab.

5.(a) When genetic testing is appropriate in more than one case, CSS may request the genetic testing lab use a genetic test sample previously drawn for another case when:

(1) CSS verifies the genetic test results are available;

(2) there are no outstanding issues in the case where the specimen was collected that require the specimen to be retained or retested; and

(3) the donor of the genetic sample has provided written permission to reuse the specimen.

(b) If the donor fails to appear or does not give permission to reuse the specimen, the CSS state's attorney may request a court order allowing the use of the previous genetic test specimen per 10 O.S. § 7700-508(A)(5).

46.When a non-public assistance application, or an Adult and Family Services Temporary Assistance for Needy Families (TANF) or non-TANF SoonerCare (Medicaid) referral indicates the parents were common-law married, OCSS CSS staff does not consider this as establishing a presumption of paternity in the common-law husband under Section 7700-204 of Title 10 of the Oklahoma Statutes per 10 O.S. § 7700-204.Instead, OCSSCSS staff works this fact pattern as a paternity case and file files a Notice of Paternity and Support Obligation court action.

57.OCSS CSS staff redacts all Social Security numbers when Forms 03PA209E, Acknowledgment of Paternity; 03PA210E, Denial of Paternity; 03PA211E, Rescission of Acknowledgment of Paternity; or 03PA213E, Rescission of Denial of Paternity, are used as an exhibit to a court action.

68.OCSS CSS staff follows the Guide to the Servicemembers Civil Relief Act (SCRA), available from the OCSS CSS InfoNet for procedure regarding:

(1) waivers of rights and protection under the SCRA;

(2) appearance in court actions;

(3) stays of court; and

(4) default orders.

79.When a relative does not volunteer to participate in the genetic testing, OCSS CSS does not file a forced probate court action to establish paternity against a deceased alleged father.

810.(a) When a party contacts OCSS CSS within 30 calendar days to request a reconsideration of a default paternity order, OCSS CSS staff notifies the party that he or she must make the request in writing within 30 calendar days of the entry of the default order.OCSS CSS staff provides the party with OCSS CSS pro se self-help motion to vacate.

(b) After one party files a written request, OCSS CSS sets the case for hearing and notifies the parties by mail under Rule 2 of the Rules for District Courts.The OCSS CSS state's attorneys prepare a genetic test order and request the court reserve the motion to vacate pending the outcome of genetic testing.After testing is complete, OCSS CSS requests the court either:

(1) dismiss or deny the motion to vacate and leave the default order in effect;

(2) enter a new order replacing the default order; or

(3) vacate the default order by agreement and dismiss the paternity case when the noncustodial parent is excluded as the biological father.

340:25-5-178. Establishment of current child support

(a) Oklahoma Department of Human Services (DHS) Child Support Services (CSS) establishes current child support per:

(1) Sections 654, 656, and 666 of Title 42 of the United States Code (42 U.S.C. §§ 654, 656, and 666);

(2) Parts 302 and 303 of Title 45 of the Code of Federal Regulations (45 C.F.R.); and

(3) Section 83 of Title 10 of the Oklahoma Statutes (10 O.S. § 83); Title 43 of the Oklahoma Statutes; and 56 O.S. §§ 231 through 240.23.

(b) CSS uses the child support guidelines in 43 O.S. §§ 118-118I and 119 to:

(1) establish the amount of current support; and

(2) prepare a child support computation form prescribed by CSS and published by the Administrative Office of the Courts on the Oklahoma State Courts Network Web site per 43 O.S. § 120.¢ 1 through 6

(c) Per 43 O.S. §§ 118-118I, OCSS uses the best evidence available to determine a parent's monthly gross income for the child support computation form, including written earning records, past job history, and earning ability based on education and training, with a continued emphasis on setting child support orders that are fair and equitable. When requesting the court enter or modify child support orders in a noncustodial parent's (NCP) multiple cases, CSS may request the court deviate from the child support guidelines amounts per 43 O.S. § 118H.¢ 7 & 8

(d) To establish the amount of current support, CSS considers "actual" child care expenses to be the amount paid to the child care provider by the custodial person (CP) except when (e) of this Section applies.CSS determines the amount of prospective annual child care costs and allocates this amount between the parents in the same proportion as their adjusted gross income.The amount allocated to the NCP becomes part of the fixed monthly child support obligation.

(e) When the CP is participating in the DHS Child Care Subsidy Program per 56 O.S. § 230.50, CSS uses DHS Appendix C‑4, Page 1, Child Care Eligibility/Rates Schedule to determine the family share co‑payment amount considered as actual child care costs on the child support computation form per 43 O.S. § 118G.

(1) CSS considers the NCP's share of the base monthly obligation for child support and the CP's gross monthly income as the CP's monthly income when applying Appendix C-4.Upon selecting the applicable income level on Appendix C-4, Page 1, CSS uses the corresponding family share co-payment amount based on the number of children in OKDHS subsidized child care.OCSS allocates the family share co‑payment amount indicated on Appendix C-4, Page 1, in the same proportion as base child support.CSS staff performs a separate child support guidelines calculation for each NCP.¢ 9

(2) If the CP has a child(ren) in DHS subsidized child care other than a child(ren) included in the child support case being established, CSS uses the proportionate share of the family share co-payment for the child(ren) included in the case.

(f) CSS establishes child support orders in deprived court actions per 10A O.S. § 1-4-702 and prepares the child support order on the standard child support order form prescribed by CSS and published by the Administrative Office of the Courts on the Oklahoma State Courts Network website.¢ 10

(g) CSS establishes child support orders for a child(ren) for whom child support is imposable under applicable law.¢ 11

(h) When the NCP is a minor, CSS establishes paternity per Oklahoma Administrative Code (OAC) 340:25-5-176 when necessary and establishes a child support order.When a minor NCP or a CP is under 16 years of age, CSS does not impute gross income for the minor parent in the child support computationand only usesactual income.When a minor NCP or CP is between 16 and 18 years of age and regularly and continuously attending high school, unless it is otherwise inappropriate, CSS uses eitherthe imputed gross income for the minor parent based on minimum wage at 20 hours per week, or actual income.

(i) CSS enforces child support orders for adults with disabilities per 43 O.S. § 112.1A.

(j) CSS establishes or modifies child support orders to continue after the child reaches the age of majority per 43 O.S. § 112.1A if the application or referral for Title IV-D services is received during the period when child support is due per 43 O.S. § 112.

(k) CSS establishes a child support and medical support order on an incarcerated NCP and requests the court order that the child support obligation begins the first day of the month following a lapse of 45 calendar days from release from incarceration.CSS requests the court reserve the amount of child support for the time period prior to the entry of the court order per OAC 340:25-5-179.1 through the time of incarceration to the date the current child support obligation begins.¢ 12

(l) When CSS establishes a child support order for a child of a NCP or a CP who is a servicemember, CSS applies the provisions of the Servicemembers Civil Relief Act, codified in 50A U.S.C. §§ 501 through 596.¢ 13

(m) CSS does not impute gross income to a person determined disabled by the Social Security Administration.¢ 3 & 5

(n) When a default order for child support has been ordered and either party contacts CSS in writing within 30 calendar days of entry of the default order and provides information to calculate an accurate child support obligation, CSS treats the request as a motion to vacate or modify and requests the court enter a new order consistent with the evidence presented.¢ 14 & 15

INSTRUCTIONS TO STAFF 340:25-5-178

Revised 7-1-139-15-14

1.Oklahoma Department of Human Services Child Support Services OCSS CSS staff must calculate, per Section 118 of Title 43 of the Oklahoma Statutes (43 O.S. § 118), on the child support computation form, each parent's contribution toward:

(1) the base child support according to the combined adjusted gross income of both parents following the child support guidelines schedule per 43 O.S. § 119;

(2) any actual medical and dental insurance premium; and

(3) any actual employment related child care expenses per 43 O.S. § 118(E)(13) and OAC Oklahoma Administrative Code 340:25-5-178.

2.When the child(ren) is receiving monthly Social Security (SS) benefits from the noncustodial parent's (NCP) claim, either disability or retirement, the benefit is offset from current child support per 43 O.S. § 118B(G), and the remainder is offset against any cash medical support.

3.(a) If the NCP When a parent or minor child is disabled and either is receiving monthly Supplemental Security Income (SSI), OCSS CSS excludes SSI from either parent's gross income per 43 O.S. § 118(E)(2)(b).

(b) When an NCP's Social Security Disability Insurance (SSD) benefit amount or a combination of SSD and SSI benefits does not exceed the maximum monthly SSI benefit amount, CSS staff uses only the SSD amount as income and requests the court deviate from the guidelines to set the current child support at $0.In support of the deviation, CSS state's attorneys advocate the guidelines amount is unjust or inappropriate under the circumstances, because it treats a similarly situated NCP who receives only SSI benefits differently from an NCP receiving a combination of benefits that equals the SSI amount.

(1) An example of the unjust guideline amount is:

(A) an NCP with some work history receives a total of $710 in monthly Social Security benefits.This includes $350 SSD and $360 SSI benefits.Under the guidelines, child support is calculated based on the monthly $350 SSD benefit.The NCP would be ordered to pay child support because the child is not receiving a SSD benefit at this payment level.

(B) A similarly disabled NCP without work history would receive the full $710 as SSI benefits and not be ordered to pay any child support. Therefore, CSS state's attorneys request the court to deviate from the guideline computation per 43 O.S. § 118H, due to the guideline amount being unjust and inappropriate under these circumstances.

(2) The maximum monthly SSI benefit amount may be found at SSI Federal Payment Amounts webpage, at: http://www.ssa.gov/oact/cola/SSIamts.html.

4.(a) When CSS staff verifies an NCP is receiving disability through the Veterans Administration (VA) and the custodial person (CP) is receiving an apportionment of the benefits on behalf of a minor child, CSS requests the court:

(1) consider the apportionment as alternative compliance with the child support order; and

(2) calculate child support in the same manner as when SSD benefits are received on behalf of a minor child per 43 O.S. § 118B(G).

(b) CSS staff requests the court include the apportionment as part of the NCP's income.

(c) When the child support amount is:

(1) greater than the apportionment, CSS requests the court find the apportionment partially satisfied the child support obligation and the NCP pay only the amount in excess of the apportionment; or

(2) equal to, or less than the apportionment, CSS requests the court find the child support obligation is met and no additional child support amount is paid by the NCP.

(d) When the court grants the CSS request, CSS staff memorializes the court's order regarding the offset of the current child support amount by the apportionment.For example, CSS staff includes the following language in the child support order.When the child support amount is:

(1) greater than the apportionment: "The court finds the obligor is satisfying the child support obligation by the apportionment of VA benefits in the amount of $x.xx.Therefore, the obligor is ordered to pay the remaining amount of $x.xx.If at any time the apportionment is not in effect, the obligor is responsible for payment of the full, current child support as shown on the guidelines computation attached." or;

(2) equal to, or less than the apportionment: "The court finds the obligor is satisfying the child support obligation by the apportionment of VA benefits in the amount of $x.xx.Therefore, the court finds the child support obligation is met in full and no further payment by the obligor is required.If at any time the apportionment is not in effect, the obligor is responsible for payment of the full, current child support as shown on the guidelines computation attached."

45.OCSS CSS staff consults with their district office OCSS CSS state's attorneys for a legal interpretation when the amount of the monthly child support obligation in the body of an order conflicts with the amount in the child support computation form.

56.OCSS CSS staff computes the child support obligation on the basis of actual monthly gross income for a an NCP or a custodial person (CP) who is permanently physically or mentally incapacitated per 43 O.S. § 118(E)(4)(c).The documentation required to determine if a the NCP or a CP is permanently physically or mentally incapacitated, includes a Social Security Administration award letter or a physician's statement affirming the:

(1) person is unable to do the work they did before and cannot adjust to other work because of a medical condition; and

(2) disability must continue or be expected to continue for at least one year or to result in death.

67.OCSS CSS staff accesses the Guidelines screen (GLS) on the OCSS CSS automated Oklahoma Support Information System.OCSS CSS staff may also use Form 03EN025E, Child Support Computation, and its child support guidelines computation form completion instructions, available on the Oklahoma Department of Human Services(OKDHS) (DHS) website athttp://www.okdhs.org.

7.To determine the amount of monthly gross income a person with comparable education, training, and experience could reasonably expect to earn, OCSS staff uses the Oklahoma Wage Report available from the Oklahoma Employment Security Commission's website at http://www.oesc.state.ok.us/lmi/publications/publication.asp?pubID=12.

8.(a) OCSS CSS staff reviews information provided by the parents to determine if a parent's earning records or other evidence of income is in accordance with the parent's prior job history.OCSS CSS staff consults with their district office OCSS CSS state's attorneys if when the information provided by the parent differs significantly from the parent's known job history or earning ability.

(b) OCSS CSS applies the following hierarchy, subject to other evidence of a parent's job history or earning ability, when requesting the court to determine a parent's monthly gross income.

(1) Written earning record.

(A) When a parent has a written earning record, OCSS CSS uses the:

(A)(i) actual monthly gross income; or

(B)(ii) average of the gross monthly income for the time actually employed during the previous three years.

(B) When a parent has a written earning record from an employer, such as a paystub or employer verification of hourly wages, CSS uses that written earning record as the parent's income in the child support computation form.

(C) When a parent has evidence of employment for the last three years, but the parent's wages are inconsistent, CSS uses the average of the last three years income.

(D) When the biological parent is receiving family assistance benefits, CSS uses the total wages listed in the Information Management System, even when it is less than minimum wage.To determine income for an individual, CSS staff follows the Training Minute:Determining Individual Income Using IV-A Screens located in the Establishment section of the Education page on the CSS InfoNet.

(2) When Earning ability and no pay record.For time periods when a parent has an earning ability, but no reliable written pay records, OCSS CSS uses the most equitable of the: (A) minimum wage paid for a 40-hour work week; or

(B) an amount of gross income a person with comparable education, training, and experience could reasonably expect to earn using either Oklahoma Wage Report from the Oklahoma Employment Security Commission's website at http://www.oesc.state.ok.us/lmi/publications/publication.asp?publD=12 or Oklahoma State Occupational Employment and Wage Estimates from the United States Department of Labor website available at: www.bls.gov/oes/current/oes/ok.htm.For example, when:

(A) the parent is purposefully underemployed, CSS uses at least minimum wage in the child support computation forms; or

(B) there is information a parent is a plumber and CSS has no evidence of income, CSS may use the median hourly wage for a plumber in the child support computation form.

(3) Combination of written earning record and no pay record.

(A) When a parent has a written earning record for some months, but no written earning record for other months, CSS may apply both (2) and (3) of this subsection.

(B) For example, a parent may have a written earning record showing earnings of $6,000 in a quarter and no written earning record for the other quarters of the year.Staff inquires about the parent's earning ability for those quarters without a written earning record and may impute income for those quarters or use actual wages, according to the evidence.

(3)(4) When Reduced earning ability.CSS uses actual income when a parent has reduced earning ability due to the parent's limited education, physical, or mental disability, incarceration, or other obstacle to employment, and there is evidence the parent has income of less than minimum wage for 40 hours per week,.OCSS may use the most equitable of For example, when:

(A) the parent's actual income; or a parent works 10 hours a week at $8 an hour, CSS uses actual income of $347.66 per month in the child support computation form;

(B) minimum wage for less than 40 hours per week. an incarcerated parent has no assets or income, CSS uses actual income of $0 per month in the child support computation form.When an NCP is incarcerated for crimes against the CP or child, CSS does not modify the order using $0 for the income; or

(C) a parent has documentation of a disability that prevents him or her from working at least 40 hours a week and is not receiving any disability benefits, CSS uses actual income, even when it is $0 per month, in the child support computation form.

(c) When establishing or modifying a child support order, CSS considers the Compliance Predictor Tool available on the Infonet.As part of the Healthy Families Initiative, The Compliance Predictor Tool is designed to encourage staff to request the court enter realistic child support orders.A realistic child support order is 20 percent or less of an NCP's gross monthly income.

9.When a CP is participating in the OKDHS DHS Child Care Subsidy Program, OCSS CSS staff uses the child support guidelines computation form for child care subsidy cases.

10.(a) OCSS CSS staff requests the court establish child support orders for each parent in a deprived court action.

(b) When the parent has lost custody of more than one child and one or more of these children has a different mother or father, OCSS CSS staff requests the court deviate from the child support guidelines and set a child support order for the parent who lost custody per subsection (c) of this Instruction.

(c) To determine the former CP's gross monthly income (Line 1 of the child support computation form), OCSS CSS staff follows 43 O.S. § 118(E)(4)(a)-(c).

(1) OCSS CSS staff calculates the child support obligation by using the former CP's gross monthly income and the average gross income amount of the other parent's in Line 1 of the child support computation form.

(2) To determine the amount to use in Line 1 for the other parent's income, OCSS CSS staff averages all of the other parents' gross incomes and divide the total by the number of the other parents.

(d) For example, a mother has three children with three different fathers.The mother's gross monthly income is $1,000 per month.Father # 1 earns $1,500 per month, father # 2 earns $1,800 per month, and father # 3 is imputed at minimum wage, or $893 per month.OCSS CSS staff totals the fathers' income ($1,500 + $1,800 + $893) to obtain a total of $4,193.This amount is divided by three to obtain an average of $1,397.66.OCSS CSS staff calculates the total child support obligation using $1,000 for the mother and $1,397.66 for the father.The mother's child support obligation would be $299.04 for three children, $254.41 for two children, and $176 for one child.If there is a prior order against this former custodial parent, a new child support order supersedes that order.

11.The age of majority varies by state.OCSS CSS staff may use the federal Office of Child Support Enforcement (OCSE) Online Intergovernmental Reference Guide (IRG) on the Internet at https://extranet.acf.hhs.gov/irg/welcome.html to obtain information about referrals to other states for establishment of support orders.

12.(a) In an incarcerated NCP's order, OCSS CSS staff calculates a sum certain under the child support guidelines for the current child support obligation and requests the court order that amount to begin the first day of the month following a 45 calendar day lapse after the NCP is released from incarceration.

(1) OCSS CSS staff updates the obligation on the OSIS Obligation (OBLN) screen as "A" for active or "C" for concurrent.

(2) When OCSS CSS staff updates the child page of the OCSS CSS automated Oklahoma Support Information System OBLN screen, both the "effective date" and the "from date" are calculated as the expected release date plus 45 calendar days.To determine the expected release date, OCSS CSS staff contacts the incarcerating facility and registers on VINE Link to be notified of the release.

(3) OCSS CSS staff registers on VINE Link at www.vinelink.com to be notified of the imminent release or transfer of an incarcerated NCP.When registering, staff provides the anonymous district office email address as the method of contact.

(b) For example, a child is born January 28, 2003.OCSS CSS files a paternity action April 1, 2008.The court entered an order on June 1, 2008.Current support for one child is calculated at $212 per month beginning on the first day of the month following a 45 calendar day lapse after the NCP is released from incarceration.Judgment for support from April, 2003, forward is reserved.The NCP is released from incarceration August 1, 2010.Current support begins October 1, 2010.OCSS CSS may request a judgment for the reserved time period of April, 2003, through September, 2010.

(c) For example, when an incarcerated NCP has an estimated parole date of August 1, 2010, OCSS CSS staff includes the October 1, 2010, effective date of current support in the establishment order.

13.OCSS CSS staff follows the Guide to the Servicemembers Civil Relief Act (SCRA), available from the OCSS CSS InfoNet for procedures regarding:

(1) waivers of rights and protection under SCRA;

(2) appearance in court actions;

(3) stays of court; and

(4) default orders.

14.When a party contacts OCSS CSS within 30 calendar days to request a reconsideration of a default support order, OCSS CSS staff notifies the party that he or she must make the request in writing within 30 calendar days of the entry of the default order.OCSS CSS staff provides the party with OCSS CSS pro se self-help motion to vacate.

15.After one party files a written request, OCSS CSS sets the case for hearing and notifies the parties by mail under Rule 2 of the Rules for District Courts.After considering the income information provided, OCSS CSS requests the court:

(1) dismiss or deny the motion to vacate and leave the default order in effect; or

(2) enter a new order replacing the default order.

 

340:25-5-179.1. Establishment of support for a prior period

(a) Oklahoma Child Support Services (OCSS) 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, OCSS 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, OCSS establishes support for a prior period per 43 O.S. §§ 118-118I and 119 and 56 O.S. § 238.1.¢ 1 & 2

(A) OCSS 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 years per OAC 340:75-13-26.

(B) OCSS may issue a Notice of Support Debt or file a district court action to establish support for a prior period.OCSS 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 OCSS 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), OCSS establishes support for a prior period under the criteria for establishing current child support per OAC 340:25-5-178.

(c) OCSS does not establish an order for support for a prior period on an incarcerated NCP.OCSS 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 OCSS establishes an order for support for a prior period for a child of a NCP or a custodial person who is a servicemember, OCSS applies the provisions of the Servicemembers Civil Relief Act, codified in Sections 501 through 596 of Title 50A of the United States Code.¢ 23

(e) When the NCP is a current TANF or Supplemental Security Income (SSI) recipient and OCSS:

(1) has information that the NCP had no obligation based on the child support guidelines for the prior period, OCSS requests the court set the judgment at $0; or

(2) determines a debt may be owed for a prior period, OCSS requests the court reserve the issue of support for a prior period until the NCP is no longer receiving TANF or SSI.

(f) OCSS sets a monthly payment schedule per OAC 340:25-5-140

INSTRUCTIONS TO STAFF 340:25-5-179.1

Revised 7-1-139-15-14

1.In all cases, Oklahoma Department of Human Services Child Support Service (OCSS) (CSS) staff requests the court set a periodic payment plan to collect support for a prior period.

2.When a custodial person (CP) fails to appear in an establishment action, CSS reserves any judgment owed to the CP for support for a prior period.CSS staff requests a judgment for any time periods assigned to the state.

23.OCSS CSS staff follows the Guide to the Servicemembers Civil Relief Act (SCRA), available from the OCSS CSS 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.

PART 23. ENFORCEMENT

340:25-5-200.2. Enforcement of spousal support

The Child Support Enforcement Division (CSED) enforces a spousal support obligation for a spouse or former spouse under Section 654 of Title 42 of the United States Code and Section 302.31 of Title 45 of the Code of Federal Regulations when CSED is enforcing that spouse's or former spouse's current child support obligation.¢ 1

 

INSTRUCTIONS TO STAFF 340:25-5-200.2

Issued 9-15-14

1.Oklahoma Department of Human Services Child Support Services staff does not collect spousal support for the custodial person (CP) to whom the spousal support is owed when the child no longer lives in the CP's home and the CP is not supporting the child.

 

340:25-5-211.1. License revocation and reinstatement for failure to comply with child support order

(a) Legal base.Oklahoma Child Support Services (OCSS) follows Sections 139 and 139.1 of Title 43 of the Oklahoma Statutes, Sections 1-153, 6-201, 6-201.1, and 6-211 of Title 47 of the Oklahoma Statutes, and Sections 237.1, 240.15 through 240.17, and 240.19 through 240.21A of Title 56 of the Oklahoma Statutes in processing enforcement actions to order the revocation, suspension, nonissuance, nonrenewal, or probation of a license for a noncustodial parent who is not in compliance with an order for child support.¢ 1

(b) License Reinstatement Process.

(1) Request for license reinstatement; desk review.When OCSS receives a written request to reinstate a license, OCSS conducts a desk review of the case file within 15 days after receipt of a written request for reinstatement.¢ 2

(2) Compliance with payment plan.

(A) When OCSS determines that a noncustodial parent is complying with a court-ordered payment plan and other terms of a support order, and the reinstatement provisions of Section 139.1 of Title 43 or Section 240.17 of Title 56 of the Oklahoma Statutes, OCSS requests a reinstatement of the license from the tribunal that revoked the license.

(B) OCSS may request a reinstatement of the license when the noncustodial parent is participating in a problem-solving court program under Section 140 of Title 43 or Section 240.10 of Title 56 of the Oklahoma Statutes.¢ 3 & 4

(3) Noncompliance with payment plan.

(A) When OCSS determines a noncustodial parent is not complying with a court-ordered payment plan, other terms of a support order, or the reinstatement provisions of Section 139.1of Title 43 of the Oklahoma Statutes, OCSS sends a notice to the noncustodial parent that the request for reinstatement of a license is denied.The notice advises the noncustodial parent that the noncustodial parent has 15 days to request a reinstatement hearing in writing. Upon timely receipt of a written request for a hearing, OCSS schedules the matter for a hearing before the tribunal that ordered the license revocation.

(B) OCSS provides notice of the hearing to the custodial person pursuant to Section 2005 of Title 12 or Section 112A of Title 43 of the Oklahoma Statutes.

(C) If a license has been reinstated pursuant to subsection (b) of this section and the noncustodial parent subsequently is in noncompliance with a payment plan, OCSS requests the court to immediately revoke the license(s) of the noncustodial parent.

INSTRUCTIONS TO STAFF 340:25-5-211.1

REVISED 9-15-14

1.When an obligor's licenses are placed on probation and a payment plan is set by the court, OCSS Oklahoma Department of Human Services Child Support Services (CSS) may request that the court amend the payment plan upon a change of circumstances.

2.When CSS staff receives a request for a provisional driver license per Section 6-212 of Title 47 of the Oklahoma Statutes (47 O.S. § 6-212) and Oklahoma Administrative Code 595:10-15-3, CSS staff informs the obligors they must first meet the reinstatement requirements per 43 O.S. § 139.1 and 56 O.S. § 240.17.When the obligor meets the reinstatement requirements, CSS provides documentation of compliance.

3.When lack of a driver license is an obstacle to the noncustodial parent (NCP) obtaining employment, CSS staff facilitates obtaining a reinstatement order through the Office of Administrative Hearings Child Support.CSS staff facilitates the reinstatement order even when the NCP has not complied with the reinstatement provisions of 43 O.S. § 139.1 or 56 O.S. 240.17 in the following situations when the NCP is:

(a) actively participating in the Court Liaison Program (CLP) and the assigned Court Liaison (CL) verifies the NP is complying with all CLP requirements; or

(b) not in the CLP but complying with a seek work order or otherwise cooperating with the office to remove barriers to payment of child support.

4.When the NCP has cases in multiple offices, the CSS staff coordinates license reinstatement with offices where the licenses were suspended or revoked.