COMMENT DUE DATE:
March 17, 2016
DATE:
February 16, 2016
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 15-08
The proposed policy is Permanent . This proposal is subject to Administrative Procedures Act
A public hearing is scheduled for 9:00 a.m. on March 25, 2016 at the Oklahoma Department of Human Services, Sequoyah Memorial Office Building, 2400 N. Lincoln Boulevard, Oklahoma City, OK73105, Room C-48. Anyone who wants to speak must sign in at the door by 9:05 a.m.
SUBJECT:CHAPTER 25. CHILD SUPPORT SERVICES
Subchapter 5. Operational Policies
Part 7. The Case Record – Computer File Records and Case Folders
OAC 340:25-5-55 [AMENDED]
Part 9. Disclosure of Information
OAC 340:25-5-67 [AMENDED]
Part 15. Case Initiation, Case Management, and Case Closure
OAC 340:25-5-124.2 [AMENDED AND RENUMBERED TO OAC 340:25-5-286]
OAC 340:25-5-124.3 [AMENDED]
OAC 340:25-5-124.4 [NEW]
Part 20. Medical Support
OAC 340:25-5-168 [AMENDED]
Part 21. Establishment
OAC 340:25-5-176.1 [AMENDED]
OAC 340:25-5-178 [AMENDED]
Part 22. Review and Modification
OAC 340:25-5-198.1 [AMENDED]
Part 23. Enforcement
OAC 340:25-5-200 [AMENDED]
OAC 340:25-5-200.1 [AMENDED]
OAC 340:25-5-200.3 [NEW]
OAC 340:25-5-211.1 [AMENDED]
OAC 340:25-5-213 [AMENDED]
Part 33. Interstate and International Intergovernmental Cases
OAC 340:25-5-270 [AMENDED]
OAC 340:25-5-285 [AMENDED]
OAC 340:25-5-286 [NEW]
Part 39. Accounting and Distribution
OAC 340:25-5-345.1 [AMENDED]
(Reference WF 15-08)
SUMMARY:The proposed amendments to Chapter 25 Subchapter 5 amend the rules to: (1) implement policy changes recommended during the annual Child Support Services (CSS) policy review process; (2) comply with statutory changes following the passage of Senate Bill (SB) 486; and (3) make non-substantive housekeeping changes to improve the rule clarity.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services, Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); Section 1681b of Title 15 of the United State Code (15 U.S.C. § 1681b); 18 U.S.C. § 228; 28 U.S.C. § 1738B; 31 U.S.C. § 3716; 42 U.S.C., Chapter 7, Subchapter IV, Part D; 50A U.S.C. §§ 501 through 596; Sections 285.1 and 285.3 of Title 31 of the Code of Federal Regulations (31 C.F.R. §§ 285.1 and 285.3); 45 C.F.R., Subtitle B, Chapter III; 3A O.S. § 724.1; 10 O.S. § 83; 10A O.S. §§ 1-4-702, 7700-307, 7700-308, and 7700-312; 12 O.S. §§ 719 through 726, 842, 1171.2, and 2005; 21 O.S. §§ 566, 566.1, 567, and 852; 24 O.S. §§ 112 through 123; 36 O.S. §§ 6058A and 6059A; 43 O.S. §§ 112, 112A, 112.1A, 118 through 118I, 118.2, 119, 120, 135, 137, 139, 139.1, 140, 413, 601-100 through 601-901; 47 O.S. §§ 1-153, 6-201, 6-201.1, 6-211, and 6-212; 56 O.S. §§ 183, 230.50, and 231 through 240.23; Title 58; Title 62; 63 O.S. §§ 1-311 and 1-311.3; 68 O.S. §§ 205.2 and 205.3; 70 O.S. § 11-103; Internal Revenue Service Publication 1075; Executive Order 13019; and Section 6305 of the Internal Revenue Code of 1954.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From: Jim Hutchinson, Interim Director
Child Support Services
Date:January 20, 2016
Re:CHAPTER 25. CHILD SUPPORT SERVICES
Subchapter 5. Operational Policies
Part 7. The Case Record – Computer File Records and Case Folders
OAC 340:25-5-55 [AMENDED]
Part 9. Disclosure of Information
OAC 340:25-5-67 [AMENDED]
Part 15. Case Initiation, Case Management, and Case Closure
OAC 340:25-5-124.2 [AMENDED AND RENUMBERED TO OAC 340:25-5-286]
OAC 340:25-5-124.3 [AMENDED]
OAC 340:25-5-124.4 [NEW]
Part 20. Medical Support
OAC 340:25-5-168 [AMENDED]
Part 21. Establishment
OAC 340:25-5-176.1 [AMENDED]
OAC 340:25-5-178 [AMENDED]
Part 22. Review and Modification
OAC 340:25-5-198.1 [AMENDED]
Part 23. Enforcement
OAC 340:25-5-200 [AMENDED]
OAC 340:25-5-200.1 [AMENDED]
OAC 340:25-5-200.3 [NEW]
OAC 340:25-5-211.1 [AMENDED]
OAC 340:25-5-213 [AMENDED]
Part 33. Interstate and International Intergovernmental Cases
OAC 340:25-5-270 [AMENDED]
OAC 340:25-5-285 [AMENDED]
OAC 340:25-5-286 [NEW]
Part 39. Accounting and Distribution
OAC 340:25-5-345.1 [AMENDED]
Contact:Tammy Hall, Programs Manager, 522-0022
A.Brief description of the purpose of the proposed rule:
The proposed amendments to Chapter 25 Subchapter 5 amend the rules to: (1) implement policy changes recommended during the annual Child Support Services (CSS) policy review process; (2) comply with statutory changes following the passage of Senate Bill (SB) 486; and (3) make non-substantive housekeeping changes to improve the rule clarity.
Strategic Plan Impact.
The proposed amendments support Oklahoma Department of Human Services (DHS) goals of helping Oklahomans lead safer, healthier, more independent and productive lives; keeping our workforce informed, supported, and engaged; meeting the needs of vulnerable Oklahomans; and cultivating a culture of continuous improvement.These proposed rules support the CSS strategic plan by providing customers access to tools and resources to achieve and maintain healthy families, expanding services offered through the Court Liaison Program (CLP), right-sizing child support orders, and streamlining how multiple offices work cases together.
Substantive changes.
Subchapter 5. Operational Policies
Part 7. The Case Record – Computer File Records and Case Folders
Oklahoma Administrative Code (OAC) 340:25-5-55 is amended to: (1) clarify the procedure and form customers use to update a case participant’s legal name in Child Support Services (CSS) case records; and (2) general language clean-up.
Part 9. Disclosure of Information
OAC 340:25-5-67 is amended to: (1) add the release of Federal Parent Locator Service information is only “for an authorized purpose”; (2) add CSS releases information to persons with written authorization from a child support case member; and (3) general language clean-up.
Part 15. Case Initiation, Case Management, and Case Closure
OAC 340:25-5-124.2 is amended and renumbered to OAC 340:25-5-286, as tribal child support case referrals are considered intergovernmental, the same as interstate referrals.This rule was amended and moved to Part 33, Interstate and International Intergovernmental Cases.
OAC 340:25-5-124.3 is amended to: (1) change the CSS office assignment from where the permanent custody child resides to the CSS district office serving the county where one or both noncustodial parents reside; and (2) general language clean-up.
OAC 340:25-5-124.4 is issued to: (1) establish the process for working a noncustodial parent’s multiple cases together in order to encourage setting fair and reliable child support orders for all the children and families involved; (2) establish definitions for terminology specific to this process; (3) establish criteria for which CSS considers conducting a multiple case action; (4) establish the process for when one or more of the cases involved is an interstate case; (5) set guidelines for transferring cases between offices in a multiple case action; (6) provide individual and combined child support computation preparation instructions that treat all children as one family; (7) establish the CSS process for filing in the Office of Administrative Hearings: Child Support and district courts; and (8) establish that CSS returns cases to the original offices at the conclusion of a multiple case action.
Part 20. Medical Support
OAC 340:25-5-168 is amended to remove the requirement that CSS requests the court order cash medical support against a parent who equally shares physical custody with at least 182 overnights.
Part 21. Establishment
OAC 340:25-5-176.1 is amended to clarify that CSS brings a paternity challenge to the court when a party timely objects to the entry of an order against an alleged father.
OAC 340:25-5-178 is amended to: (1) clarify that the actions taken with a DHS Child Care Subsidy case can apply to either parent; and (2) add that CSS establishes a child support order against each parent when juvenile cases are referred.
Part 22. Review and Modification
OAC 340:25-5-198.1 is amended to add that CSS does not: (1) initiate a review of a support order upon request when there is evidence the child support amount is based on the noncustodial parent’s ability to pay and the noncustodial parent is working in a job consistent with his or her education and training; and (2) seek an upward modification of a support order when the noncustodial parent is employed full-time in an occupation consistent with his or her education and training, currently ordered to pay more than 20 percent of gross income, and not paying the full monthly child support amount.
Part 23. Enforcement
OAC 340:25-5-200 is amended to: (1) add that CSS considers a noncustodial person’s participation in the CLP when choosing enforcement remedies; and (2) general clean-up of language and legal citation format.
OAC 340:25-5-200.1 is amended to: (1) extend the time period customers have to request a hearing on an administrative review decision from 15-calendar days to 20-calendar days; and (2) general language clean-up.
OAC 340:25-5-200.3 is added to: (1) establish that the CLP is the problem-solving court program designated by CSS referenced in 43 O.S. § 140; (2) direct CSS staff to coordinate consistent case management strategies when a noncustodial parent is complying with CLP requirements or a seek work order; and (3) define complying with the CLP.
OAC 340:25-5-211.1 is amended to: (1) add that CSS may request license reinstatement when reinstatement will increase the likelihood the noncustodial parent will pay support; and (2) general clean-up of language and legal citation format.
OAC 340:25-5-213 is amended to: (1) clarify that an annual notice only establishes an address of record for the noncustodial parent; and (2) general clean-up of language and legal citation format.
Part 33. Interstate and International Intergovernmental Cases
OAC 340:25-5-270 is amended to: (1) update language and legal citations to comply with the recent passage of SB 486; (2) general clean-up of language and legal citation format.
OAC 340:25-5-285 is amended to: (1) remove obsolete policy about bilateral agreements; and (2) general clean-up of language and legal citation format.
OAC 340:25-5-286 is renumbered from OAC 340:25-5-124.2 and issued to: (1) list legal authorities; (2) update language regarding tribal case referrals to reflect the current outgoing and incoming referral processes; (3) add language regarding referrals for limited services; and (4) clarify CSS registers tribal orders in state courts.
Part 39. Accounting and Distribution
OAC 340:25-5-345.1 is amended to:(1) add that CSS follows the fiscal policy and procedure as directed by the Office of Management and Enterprise Services; and (2) general clean-up of language and legal citations.
Reasons.
Chapter 25 Subchapter 5: The proposed revisions: (1) maintain funding by bringing CSS policy into compliance with the recent passage of SB 486; (2) amend policy to provide improved customer service; (3) provide additional clarification and guidance to staff; (4) amend policy to reflect tribal child support programs’ current jurisdiction and case transfer processes; (5) add policy to incorporate additional processes promoting fair child support orders; (6) add policy to incorporate the CSS Court CLP into existing processes, standardize how offices work CLP cases, and provide instruction on how multiple offices work CLP cases together; (7) amend CSS policy to encourage and facilitate noncustodial parents obtaining employment; and (8) clarify and update language and legal authorities.
Repercussions.
Chapter 25 Subchapter 5: The proposed rules are designed to contribute to the health, safety, and wellbeing of children entitled to support and promote healthy families by:(1) increasing program efficiency; (2) improving customer service; and (3) providing clear and accurate guidance to staff to ensure consistency in policy application.
Failure to adopt these rules could cause hardships on families by negatively impacting the services CSS provides and result in unnecessary expenditures of public funds to provide support for children that could otherwise be provided by noncustodial parents.
Legal authority.
Director of Human Services, Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); Section 1681b of Title 15 of the United State Code (15 U.S.C. § 1681b); 18 U.S.C. § 228; 28 U.S.C. § 1738B; 31 U.S.C. § 3716; 42 U.S.C., Chapter 7, Subchapter IV, Part D; 50A U.S.C. §§ 501 through 596; Sections 285.1 and 285.3 of Title 31 of the Code of Federal Regulations (31 C.F.R. §§ 285.1 and 285.3); 45 C.F.R., Subtitle B, Chapter III; 3A O.S. § 724.1; 10 O.S. § 83; 10A O.S. §§ 1-4-702, 7700-307, 7700-308, and 7700-312; 12 O.S. §§ 719 through 726, 842, 1171.2, and 2005; 21 O.S. §§ 566, 566.1, 567, and 852; 24 O.S. §§ 112 through 123; 36 O.S. §§ 6058A and 6059A; 43 O.S. §§ 112, 112A, 112.1A, 118 through 118I, 118.2, 119, 120, 135, 137, 139, 139.1, 140, 413, 601-100 through 601-901; 47 O.S. §§ 1-153, 6-201, 6-201.1, 6-211, and 6-212; 56 O.S. §§ 183, 230.50, and 231 through 240.23; Title 58; Title 62; 63 O.S. §§ 1-311 and 1-311.3; 68 O.S. §§ 205.2 and 205.3; 70 O.S. § 11-103; Internal Revenue Service Publication 1075; Executive Order 13019; and Section 6305 of the Internal Revenue Code of 1954.
Permanent 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 rules are children entitled to support, noncustodial parents who owe child support, custodial persons who are owed child support, DHS staff, courts, and 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 children, noncustodial parents, custodial persons, DHS staff, employers, courts, and taxpayers.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change:The proposed rules create a process for calculating child support that will impact some custodial persons and noncustodial parents.Child support may be adjusted as orders are established and modified based on current circumstances and actual income.There are no fee changes associated with the revised rules.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:The probable cost to DHS includes the cost of printing and distributing the rules and training materials estimated to be under $100 and is within the current budget and requires no additional funding.These proposals do not increase any agency’s duties or need for additional FTE.Any costs of implementation are expected to be offset by an increase in collections caused by:improving success rates of federal remedies, encouraging and facilitating employment of noncustodial parents, and improving efficiency by consolidating multiple case actions.These proposed rules should not have a substantial effect on state revenues.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule:These proposed rules are intended to minimize compliance costs and intrusive regulations while fully complying with state and federal mandates.There are no less costly or intrusive methods to achieve full compliance.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk:These proposed rules are intended to comply with state and federal child support mandates, increase program effectiveness, and improve services delivered to families, thereby contributing to 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:Failure to adopt these rules could cause hardships on families by negatively impacting the services CSS provides and result in unnecessary expenditures of public funds to provide support for children that could otherwise be provided by noncustodial parents.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared:May 27, 2015; modified December 17, 2015; modified January 20, 2016.
