COMMENT DUE DATE:
February 22, 2016
DATE:
February 5, 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:
Non-APA 16-C
The proposed policy is Non-APA . This proposal is not subject to Administrative Procedures Act
Effective date:March 1, 2016
SUBJECT:
CHAPTER 25. OKLAHOMA CHILD SUPPORT SERVICES
Part 9. Disclosure of Information
OAC 340:25-5-67.1 INSTRUCTIONS TO STAFF (ITS) ONLY [AMENDED]
Part 15. Case Initiation, Case Management, and Case Closure
OAC 340:25-5-110.1 ITS ONLY [AMENDED]
OAC 340:25-5-123 ITS ONLY [AMENDED]
OAC 340:25-5-124 ITS ONLY [AMENDED]
Part 21. Establishment
OAC 340:25-5-176 ITS ONLY [AMENDED]
OAC 340:25-5-179 ITS ONLY [AMENDED]
Part 22. Review and Modification
OAC 340:25-5-198.2 ITS ONLY [AMENDED]
Part 38. IV-D and Non IV-D Central Case Registry Information
OAC 340:25-5-340 ITS ONLY [AMENDED]
(Reference WF 16-C)
SUMMARY:
Part 9. Disclosure of Information
OAC 340:25-5-67.1 ITS is amended to: (1) provide staff with guidance when a case participant obtains a new name and Social Security number due to family violence; (2) instruct staff that children are not automatically flagged with family violence and to remove existing family violence flags when cases close; and (3) general clean-up of language.
Part 15. Case Initiation, Case Management, and Case Closure
OAC 340:25-5-110.1 ITS is amended to: (1) instruct staff to open a customer’s case using the name provided in the application or referral; (2) general clean-up of language.
OAC 340:25-5-123 ITS is amended to: (1) instruct staff to remove family violence indicators from children when a case closes; (2) provide staff guidance on when to immediately stop current support; and (3) general clean-up of language.
OAC 340:25-5-124 ITS is amended to (1) defines when conflict of interest exist (2) clarify process when it appears conflict may exist; (3) Provides examples of when a conflict of interest does not routinely exist;(4) Provides direction on what is prohibited when there is conflict of interest; and (5) general clean-up of language.
Part 21. Establishment
OAC 340:25-5-176 ITS is amended to: (1) instruct staff to establish paternity within an action to establish a child support obligation against the mother if paternity is not legally established; (2) add state’s attorneys determine when the P04, Paternity Questionnaire, is necessary; (3) add CSS follows the CSS Consistent Excellence Paternity Legal Review Process; and (4) general clean-up of language.
OAC 340:25-5-179 ITS is amended to: (1) remove an obsolete court case reference; (2) provide guidelines on when a child is regularly and continuously attending high school and what proof is required; (3) provide instructions on General Educational Development (GED) programs; (4) direct staff to set a case for hearing when there is a dispute; and (5) general clean-up of language.
Part 22. Review and Modification
OAC 340:25-5-198.2 ITS is amended to: (1) direct staff to update the computer system after a child support order was modified; (2) general clean-up of language.
Part 38. IV-D and Non-IV-D Central Case Registry Information
OAC 340:25-5-340 ITS is amended to: (1) clarify an annual notice only establishes an address of record for the noncustodial parent; (2) provide staff with guidance when a case participant obtains a new name and Social Security number due to family violence.
LEGAL AUTHORITY:
Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes.
CHAPTER 25. CHILD SUPPORT SERVICES
SUBCHAPTER 5. OPERATIONAL POLICIES
PART 9. DISCLOSURE OF INFORMATION
340:25-5-67.1. Family violenceITS ONLY
(a) Oklahoma Child Support Services (OCSS) establishes and maintains records regarding family violence per Sections 303.21 and 307.11 of Title 45 of the Code of Federal Regulations and Sections 653 and 654 of Title 42 of the United States Code (42 U.S.C. §§ 653 and 654).
(b) OCSS is committed to promoting the safety and well-being of its customers and staff.¢ 1 & 2
(c) A family violence indicator is a designation placed on a participant in a Title IV-D or non-IV-D case by OCSS indicating the risk of child abuse or domestic violence.The family violence indicator is used to restrict disclosure of the location of a participant who is reported to OCSS as being at risk of family violence.¢ 3 & 4
(d) OCSS considers as reasonable evidence of family violence, and enters a family violence indicator on appropriate persons, when:¢ 25
(1) a parent or custodian states that he or she or the child(ren) is at risk of emotional or physical harm from another person in the same child support case; or
(2) OKDHS has knowledge of a court-ordered protective order or other information that family violence exists.
(e) OCSS makes available to custodial persons and noncustodial parents Form 03EN008E, Family Violence - Address of Record Statement, to collect address of record information and explain how the information is used.The custodial person or noncustodial parent may use Form 03EN008E to:
(1) request that his or her home address, or location information, not be released to another parent or party in a child support case because release could result in family violence to the requesting person or his or her children; or
(2) designate an address of record per OAC 340:25-5-340.OCSS may release the address of record per OAC 340:25-5-340.1.
(f) The presence or absence of a family violence indicator on a case does not guarantee anyone's safety.OCSS is not liable for harm arising from the use or non-use of a family violence indicator.
(g) OCSS may remove a family violence indicator from a case participant when OCSS receives:
(1) a written request from the participant;
(2) information that the family violence indicator was entered in error; or
(3) a court order to remove the family violence indicator.
(h) Upon order of a court having the authority to make or enforce child custody or visitation determinations per 42 U.S.C. § 663, OCSS may:
(1) request the federal Office of Child Support Enforcement to override a family violence indicator in a single instance; and
(2) authorize release of the person's home address or location to the court.¢ 36
(i) Interstate cases follow OAC 340:25-5-270.
INSTRUCTIONS TO STAFF 340:25-5-67.1
Revised 7-1-133-1-16
1.In cases where domestic violence is known or suspected, Oklahoma Department of Human Services Child Support Services (OCSS) (CSS) staff requests parties wait in separate rooms prior to a hearing or meeting, when possible.When appropriate, OCSS CSS staff may take other measures to promote the parties' safety.For example, OCSS CSS staff may request a law enforcement officer escort a party to his or her car after a hearing, arrange for parties to arrive at different times, or allow the victim to leave 20 minutes before the other party.
2.When a party to a case obtains a new name and Social Security number, CSS staff consults the CSS Family Violence Coordinator in the Center for Planning and Development for guidance on how to proceed.
3.When an adult case member is flagged with a Family Violence Indicator (FVI), CSS staff does not automatically flag the child(ren) on the case.
4.Upon case closure, CSS removes any existing FVI from the child(ren) on the case.To request FVI removal, CSS staff follows the Case Closure Application Training Minute available on the CSS Infonet.
5.When domestic violence is alleged in a conflict of interest case, per OAC Oklahoma Administrative Code 340:25-5-124 and Instructions to Staff, the case, like other conflict of interest cases, is transferred to, and worked by another OCSS CSS office.
36.OCSS CSS staff follows the:
(1) Case Management Child Support Manual, Address of Record and Family Violence Chapter on the OCSS CSS InfoNet;
(2) federal Office of Child Support Enforcement (OCSE) Action Transmittal AT-08-11, available from the OCSE website at http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-11.htm; and
(3) OCSE Dear Colleague Letter DCL-98-122, available from the OCSE website at http://www.acf.hhs.gov/programs/cse/pol/DCL/1998/dcl98122.htm.
PART 15. CASE INITIATION, CASE MANAGEMENT, AND CASE CLOSURE
340:25-5-110.1. ApplicationsITS ONLY
(a) To apply for child support services, a person must submit a completed and signed application form to the address on the form.A one cent application fee is paid by Oklahoma Child Support Services (OCSS) for each application received.An application for child support services is submitted in every circumstance, including applications received by: ¢ 1
(1) former Temporary Assistance for Needy Families (TANF), Aid to Families with Dependent Children (AFDC), or non-TANF Medicaid recipients with the Oklahoma Department of Human Services (OKDHS);
(2) former participants in Title IV-D cases;
(3) noncustodial parents listed on an existing medical enforcement only case, if the noncustodial parent is requesting a review and adjustment or to open a new case per OAC 340:25-5-198.1; or
(4) persons receiving child support payments from the Centralized Support Registry and not currently receiving child support services through OCSS.¢ 12
(b) Application forms are obtained at any child support or other OKDHS office or by writing or telephoning OCSS at the address and telephone numbers provided in OAC 340:25-1-2.1.Printable application forms are available from the OCSS website at http://www.okdhs.org/childsupport/.
(c) An applicant who is a custodial person must give OKDHS authority to endorse and negotiate payments related to child support and to spousal support on behalf of the custodial person and child(ren).
(d) OCSS accepts an application and opens a case when:
(1) the child is a minor or is still entitled to current support per Section 112 of Title 43 of the Oklahoma Statutes (43 O.S. § 112);
(2) the application is to enforce a child support order for an adult with disabilities per 43 O.S. § 112.1A;
(3) paternity must be established for a minor child against a deceased noncustodial parent consistent per OAC 340:25-5-176; or
(4) the former custodial person's parental rights have been terminated, then the child was adopted, and the application to collect past-due support owed to the former custodial person was received before the adoption.
(e) OCSS does not accept applications for collection of past-due support when:
(1) all children on the application have reached the age of majority and none is an adult with disabilities with an established child support order;¢ 23 & 4
(2) the child is deceased; or
(3) the child is a minor but no longer resides with the custodial person.¢ 3
(f) OCSS accepts applications for locate only services pursuant to OAC 340:25-5-155.
INSTRUCTIONS TO STAFF 340:25-5-110.1
Revised 7-1-123-1-16
1.Oklahoma Department of Human Services Child Support Services (CSS) staff opens a case with the name provided in the application or referral and documents any changes in the Oklahoma Support Information System (OSIS) Case Log.When necessary, CSS staff requests information to confirm a case participant's legal name.
2.When an intrastate case is opened for review and modification of the child support order, the case is a full-service case.
23.Oklahoma Child Support Services (OCSS) CSS staff follow OAC follows Oklahoma Administrative Code 340:25-5-117 for accepting to accept interstate referrals for judgment only collections, if when the case was opened in the initiating state during the minority of any child on the case.
34.OCSS CSS accepts an interstate referral:
(1) when the child has reached the age of majority in the initiating state; and
(2) when the case was opened in the initiating state during the child's minority;
(3)(2) when the application was received prior to the adoption; or
(4)(3) to enforce a child support order for an adult with disabilities.
340:25-5-123. Case closure systemITS ONLY
(a) Oklahoma Department of Human Services (DHS) Child Support Services (CSS) 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 CSS and the non-applicant has been served, unless the pending action is withdrawn or dismissed at the discretion of the CSS state's attorney.¢ 2
(c) A child support case may be closed when any of the criteria in (1) through (4) of this subsection applies.
(1) There is no current support order and arrears are unenforceable.Arrears are determined to be unenforceable when:
(A) there has been no collection during the past year; and
(B) the noncustodial parent (NCP) has no known or prospective income or assets.¢ 3 through 5
(2) The custodial person (CP) is participating in the DHS 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.¢ 6 & 7
(3) The CP is participating in the DHS 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, 6 & 7
(4) NCP 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.¢ 8
(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 the Oklahoma Health Care Authority as a referral, but CSS learns the CP desires to decline child support services and no service of process is initiated on a legal action filed by CSS to establish or enforce the child support order, including the medical support portion; or¢ 9
(2) the CP:
(A) cannot be located per 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).¢ 10
(e) The case applicant requests that a child support case be closed by submitting CSS Form 03GN542E, Case Closure Application – Child Support Services.When a case closure application is received, CSS staff determines whether the case meets federal case closure criteria per 45 C.F.R. § 303.11.
(f) When CSS staff closes a case, CSS:
(1) terminates the Order or Notice to Withhold Income for Child Support with the employer per Oklahoma Administrative Code (OAC) 340:25-5-201.1;¢ 11
(2) resolves enforcement actions filed and CSS processes that are specific to the case being closed; ¢ 12
(3) reviews the Family Violence Indicator per OAC 340:25-5-67.1;¢ 13
(4) removes case balances;¢ 14 and
(5) documents the date and amounts removed on the Oklahoma Support Information System Case Log (CSLOG) screen.
(g) Per 45 C.F.R. § 302.33 when Title IV-A Temporary Assistance for Needy Families (TANF), Title IV-E foster care, and non-TANF SoonerCare (Medicaid) services are discontinued, CSS notifies the recipient that CSS maintains a full-service child support case, unless the CP declines services in writing.When the CP declines services in writing, CSS closes the case.When the CP fails to respond, CSS maintains a full-service child support case.
INSTRUCTIONS TO STAFF 340:25-5-123
Revised 9-15-143-1-16
1.(a) Oklahoma Department of Human Services Child Support Services (CSS) staff follows the Case Initiation and Case Closure Child Support Manual, Case Closure Chapter for information on case closure.CSS staff accesses the Child Support Manual on the 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 using the criteria in Oklahoma Administrative Code (OAC) 340:10-10-6.
(c) When a 60 Day Closure Letter is required, CSS staff refers to the Case Closure Training Minute on the CSS InfoNet Home Page.
2.CSS staff does not close a case only because the applicant moves out-of-state.
3.When CSS staff reviews a case to determine whether the arrears are unenforceable, staff looks for any evidence for future collection.For example, CSS staff does not determine the arrears are unenforceable when the noncustodial parent (NCP):
(1) has pending insurance intercept collections;
(2) has assets or an inheritance on a pending estate subject to a child support claim;
(3) is receiving unemployment benefits; or
(4) owns assets, such as financial accounts or non-exempt real property with equity.
4.CSS staff does not proceed with closure using unenforceable arrears as the closure reason when the payment records show the NCP once a year:
(1) receives an income tax refund intercept;
(2) works at a seasonal job; or
(3) makes any type of payment.
5.During the 60-calendar day closure notice time period, if the custodial person (CP) provides information regarding the NCP's income or attachable assets, CSS does not consider the case unenforceable and does not close.
6.(a) CSS staff manually reviews the CSS CP Day Care Closure (CSDCC) screen on the 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) 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 when the criteria in OAC 340:25-5-123(c) are met.
(c) 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.CSS staff emails the Adult and Family Services (AFS) worker and the county director to report the discrepancy and requests verification of the monthly amount of child support income reported by the CP to the AFS worker.
(d) 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 CSS staff confirming the monthly amount of child support income reported by the CP, CSS staff may close the child support case when the criteria in OAC 340:25-5-123(c) are met.CSS staff must document on CSLOGA when the:
(1) AFS worker emailed; and
(2) the information provided on CSLOGA.
7.(a) 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 CSS receives a payment on a non-Temporary Assistance for Needy families (TANF) SoonerCare (Medicaid) benefits only case, CSS staff processes the case as described in paragraphs (1) through (3) of this subsection.
(1) District office staff:
(A) resolves the payment on OSIS in the CSS Undistributed Payments Select Menu (UNDL) screen by using the 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 when 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.
8.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 that child support does not accrue.
9.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.CSS staff accesses the Child Support Training Minute on the CSS InfoNet Home page.
10.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 (ITS) # 2 for noncooperation; or
(2) not appropriate:when the NCP 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 CSS was able to proceed with the modification without the CP's appearance per OAC 340:25-5-114 ITS # 2(c).
11.When it is determined a case qualifies for closure, CSS terminates the state's Order/Notice to Withhold Income for Child Support (IWO).At the applicant's request, CSS initiates a new IWO in the applicant's name at the same time the state's IWO is terminated.
12.(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 Programs; and
(5) requesting the court withdraw bench warrants.
(b) Staff leaves in place actions that affect any case other than the case being closed.
13.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.Upon case closure, CSS removes the Family Violence Indicator (FVI) from the child(ren) on the case.To request FVI removal, CSS staff follows the Case Closure Application Training Minute available on the CSS InfoNet.
14.(a) When a 60 Day Closure Letter has been was sent, CSS finance staff:
(1) 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; or
(2) immediately ends current support when CSS receives:
(A) a court order terminating current child support;
(B) a final adoption order; or
(C) confirmation custody transferred to the NCP or a third party not receiving public assistance.
(b) Staff removes any balances from the case after the 60-calendar day time period has elapsed.
340:25-5-124. Assignment and transfer of cases to child support offices ITS ONLY
In assigning cases to child support offices, Oklahoma Child Support Services (OCSS) considers whether the case is eligible for assignment to one of the tribal programs under OAC 340:25-5-124.2.OCSS treats an order registered in Oklahoma under Sections 601-601 through 601-614 of Title 43 of the Oklahoma Statutes as an Oklahoma order for purposes of OAC 340:25-5-124(1) and (2).If the case is not assigned to one of the tribal programs, OCSS assigns cases under this Section. ¢ 1
(1) Oklahoma child support cases are assigned to a district office serving the county where a prior Family and Domestic district court case exists involving the parents and child(ren), regardless of the case style of the order or whether or not a child support order was entered as to either parent.If there is a guardianship order in effect, the case is assigned to the district office serving the county in which the guardianship action was filed.The district office proceeds to petition the guardianship court to:
(A) defer jurisdiction of child support to OCSS.The case then follows regular case assignment rules;
(B) defer jurisdiction of child support to a pre-existing Family and Domestic court case involving the parents and child(ren) to enforce an existing child support order or establish a child support order.The case is assigned to the district office serving the county with the existing Family and Domestic court order; or
(C) establish a child support order.The case is assigned to the district office serving the county of the guardianship.¢ 2
(2) Child support orders from another state, or federal or tribal child support orders, are assigned to a district office serving the county in which the order is registered under Sections 601-601 through 601-614 of Title 43 of the Oklahoma Statutes.If there are multiple Oklahoma support orders, cases are assigned to a district office serving the county where the presumed controlling order for current child support was entered or docketed in district court.
(3) Cases are assigned to a district office serving the county where the custodian of the child(ren) resides when there is:
(A) no Oklahoma child support order and there is no prior Family and Domestic district court case on file;
(B) a federal or tribal child support order; or
(C) a child support order from another state.¢ 3
(4) When the applicant for child support services is the noncustodial parent, the location of the custodial person and child is unknown, and there is no prior paternity or child support order established, cases are assigned to the office responsible for the county in which the noncustodial parent resides until the custodial person and child are located.
(5) Except in cases where a child support order is registered in Oklahoma, if the custodian of the child(ren) does not reside in Oklahoma, cases are assigned to the district office serving the county where the noncustodial parent or alleged father resides.
(6) When there is no Oklahoma order and no party resides in Oklahoma, cases are assigned to the district office serving the county with significant contacts with the case.When more than one county has significant contacts with the case, the case is assigned to the district office having the most recent significant contact.¢ 4
(7)OCSS does not transfer cases docketed or registered under Sections 601-601 through 601-614 of Title 43 of the Oklahoma Statutes in district court because the custodial person or noncustodial parent moves to a county outside of the original district office's service area.
(8) OCSS does not transfer cases because the custodial person files a contempt action in a county outside of the original district office’s service area.¢ 5
(9)OCSS reassigns a case to another district office to avoid a conflict of interest under OAC 340:2-1-8.¢ 6
INSTRUCTIONS TO STAFF 340:25-5-124
Revised 7-1-133-1-16
1.When one district office transfers a case to another office through an update on the automated Oklahoma Support Information System (OSIS), the sending office notifies emails the receiving office of the transfer by email to the person designated by the office to receive transfers to receive transfers in the receiving office.The email includes the family group number(FGN) and the district court case number, when applicable.
2.Prior Family and Domestic district court case.
(1) When there is a Family and Domestic district court case involving the same parents, Absent Parent/Biological Parent (AP/BP) noncustodial parent/biological parent (NCP/BP), and a subsequent child is born, the case is assigned to that the district office in the county with the existing district court case.
(2) When there is a third party custodian and a prior Family and Domestic district court case involving the same parents, AP/BP NCP/BP, the case is assigned to the district office responsible for the county in which where the prior Family and Domestic district court case was filed, regardless of the current custodial person's (CP's) (CP)'s county of residence.
(3) When there is a prior Family and Domestic district court case involving other children of the same parents, an action to establish paternity and/or support of an additional child of the same parents born during the marriage but omitted from the prior order, the case is assigned to the district office responsible for the county in which where the prior Family and Domestic action was filed.
(4) When the district office dockets an administrative child support order in a Family and Domestic district court case but the individual parties subsequently file a new Family and Domestic district court case that addresses child support in addition to custody, visitation, and/or property settlement, the case is transferred to the district office responsible for the new case.
3.Case assigned to district office.When the CP is:
(1) When the CP is receiving public assistance and there is a question about where the CP resides, Oklahoma Child Support Services (OCSS) (CSS) staff assigns the case to the district office serving the county in which where the CP is receiving any type of public assistance, such as Temporary Assistance for Needy Families, SoonerCare (Medicaid), Supplemental Nutrition Assistance Program benefits, or Child Care Subsidy subsidy.
(2) When the CP is not receiving public assistance, OCSS CSS staff assigns the case to the district office serving the county of the CP's finding address even when the CP's address of record is in another county.When the CP indicates the finding address is confidential due to family violence issues, staff assigns the case to the district office serving the county of the CP's address of record
4.Significant contact.
(1) A county may have significant contact with a case per, Oklahoma Administrative Code (OAC) 340:25-5-124 if when the county is the location where:
(A) the noncustodial parent's (NCP's) employer conducts business;
(B) a child, parent, or CP formerly resided;
(C) the child was conceived; or
(D) the NCP owns property.
(2) When more than one district office has significant contact with the case and the heads of the district offices management involved in the case transfer cannot reach an agreement, they must contact the OCSS CSS Center for Operations, who will resolve the disagreement with the OCSS director's concurrence for resolution.
5.OCSS CSS staff works together when a contempt action is filed in a county other than the original district office's service area.OCSS CSS state's attorneys in the district office where the contempt is filed make appearances on behalf of the assigned district office without transferring the case.
6.Conflict of interest.
(1) To avoid A conflict of interest, OCSS staff exists, when:
(A) does not access or work their own case files or those of a relative per OAC 340:2-1-8 CSS staff assigned to a case and a case participant or party have a conflict and there is no agreement that CSS staff can be fair and impartial in performing their official duties; or
(B) follows the process described in the Administration Child Support Manual, Ethics for the Child Support Professional Chapter on the OCSS InfoNet relationship between a CSS staff member and a case participant or other party adversely affects the delivery of services; and
(C) refers to OAC 340:2-1-8 for further information on conflicts of interest and guidance on Oklahoma Department of Human Services (OKDHS) policy on employee prohibitions.
(2) When a potential A conflict of interest arises may exist when the CP, NCP, or other case participant or party to a case, per OAC 340:2-1-8 is:
(A) OCSS staff promptly reports the circumstances to the head of the district office, who reviews the case to make a determinationa staff member of the assigned district office;
(B) the head of the district office takes appropriate steps to reassign the case, if a conflict of interest exists, as described in (3) of this Instruction to avoid the appearance of impropriety and ensure that customer services are unaffected. related to a staff member; or
(C) residing in the staff member's home.
(3) Duty to report:
(A) When a conflict of interest may exist, per 6 (1) and (2) of this Instruction, the employee promptly reports the relationship to his or her managing attorney or center head; and
(B) management determines when a conflict exists and when it is appropriate for the case to remain in the assigned district office or be reassigned.
(3)(4) A When there is a conflict of interest exists when or to avoid conflict of interest, CSS staff:
(A) the CP, NCP, or other case participant or party to a case, does not access or work his or her own case files or those of a relative, per OAC 340:2-1-8, is:
(i) a staff member of the assigned district office;
(ii) related to a staff member; or
(iii) residing in the staff member's home;
(B) an OCSS staff member assigned to a case and a case participant or party have a legal conflict and there is no agreement that OCSS can be fair and impartial without adversely affecting the case participant or other party under Oklahoma Rules of Professional Conduct 1.7, 1.8, and 1.9 follows process described in the Ethics for the Child Support Professional Chapter process on the CSS InfoNet; or and
(C) the relationship between an OCSS staff member and a case participant or other party adversely affects the delivery of services refers to OAC 340:2-1-8 for further guidance on Oklahoma Department of Human Services (DHS) policy on employee prohibitions regarding conflicts of interest.
(4)(5) A When a conflict of interest does not ordinarily exist when the was determined, and the case was reassigned, the staff member with the conflict is prohibited from:
(A) employee conducts business with a case participant or other party on a casual basis.For example, an OCSS staff member frequents a business where the case participant or other party works accessing the CSS conflict case or electronic file;
(B) OCSS staff member and the case participant or other party are involved in the same non-business activities, but only occasionally interact, for example, both attend the same church exerting influence involving the CSS conflict case on the CP or NCP; or
(C) case participant is unsatisfied with OCSS procedures.OAC 340:25-1-5.1 provides OCSS customers an opportunity to raise concerns about services or treatment received interfering with the CP or NCP’s attorney-client relationship;
(D) preparing paperwork related to the child support conflict case without the agreement of the CP, NCP, and the involved CSS district offices; or
(E) notarizing child support documents from CSS for the CP or NCP.
(5)(6) When there is a conflict of interest, the head of thedistrict office management transfers the case to another district office in the same geographical area.For example, the Lawton and Chickasha/Duncan offices are neighbors and therefore transfer conflict of interest cases among themselves.McAlester and Okmulgee are 53 miles apart and would likely could partner on conflict of interest cases.
(A) If When the heads management of the two district offices involved in the case transfer cannot reach an agreement that a case qualifies as a conflict of interest case, they must contact the OCSS CSS Center for Operations, who will resolve the disagreement with the OCSS director's concurrence for resolution.
(B) When an office has too many conflict cases to transfer to only one office, cases may be distributed to several offices.
(7) A conflict of interest does not ordinarily exist when the:
(A) employee conducts business with a case participant or other party on a casual basis.For example, a CSS staff member frequents a business where the case participant or other party works;
(B) CSS staff member and the case participant or other party are involved in the same non-business activities, but only occasionally interact.For example, both attend the same church; or
(C) case participant is not satisfied with CSS procedures.OAC 340:25-1-5.1 provides CSS customers an opportunity to raise concerns about services or treatment received.
(6)(8) Per OAC 340:2-28-26, cases with an Office of Administrative Hearings:Child Support (OAH) number transferred to another district office require an OAH Notice of Transfer or Motion and Order for Transfer before the cases are sent to another district office in the area.
(A) OCSS CSS staff documents the circumstances of the conflict of interest on the OSIS Case Log Add (CSLOGA) screen.The receiving district office informs the applicant of the transfer by letter.
(B) If When the conflict ceases to exist, the receiving office verifies the conflict no longer exists before returning the case to the sending district office, and documents the case transfer on CSLOGA.
(7)(9) Prior to transfer, OCSS CSS staff completes all court actions, organizes, and secures case files.OCSS CSS staff uses Form 03AD002E, File Transfer, to accurately determine which office is assigned the file.
(8)(10) Conflict of interest cases in which domestic violence is alleged or suspected are worked, per OAC 340:25-5-67.1.
PART 21. ESTABLISHMENT
340:25-5-176. Establishment of paternityITS ONLY
(a) In cases where paternity has not been legally established, Oklahoma Department of Human Services Child Support Services (CSS) establishes paternity and provides genetic testing per:
(1) Sections 653, 654, and 666 of Title 42 of the United States Code (42 U.S.C. §§ 653, 654, & 666);
(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 of the Oklahoma Statutes (10 O.S. §§ 83, 84, 90.4 and 7700-101 - 7700-902), 43 O.S. §§ 601-201, 601-401, & 601-701, 56 O.S. §§ 230.60, 231 - 240.23, and 63 O.S. §§ 1-311 and 1-321.¢ 1 & 2
(b) CSS only initiates a paternity action when the child has no legal father.¢ 23 through 56A child has a legal father when:
(1) paternity has been voluntarily acknowledged in Oklahoma or another state and not rescinded within 60 calendar days per 10 O.S. §§ 7700-301 through 7700-314;
(2) the child has a presumed father per 10 O.S. § 7700-204; or¢ 67
(3) paternity has been established by a district or administrative court order per 10 O.S. § 7700-636.
(c) CSS provides Form 03PA209E, Acknowledgment of Paternity, for voluntary acknowledgment of paternity per 10 O.S. § 7700-312 and 63 O.S. §§ 1-311 & 1-311.3.CSS also provides companion forms, which include instructions for completion, described in paragraphs (1) through (4) of this subsection.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, 18 years of age 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 calendar days after the marriage is terminated per 10 O.S. § 7700-204.¢ 78
(3) Per 10 O.S. §§ 7700-307 & 7700-312, CSS 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 calendar days after the date of the last signature on Form 03PA209E.
(A) When a person submits Form 03PA211E within 60 calendar days after the date of the last signature on Form 03PA209E, CSS 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 CSS past the 60 calendar day time period, CSS sends a letter to the person who submitted Form 03PA211E informing the person the rescission is invalid because it was not timely submitted.
(4) Per 10 O.S. §§ 7700-307 & 7700-312, CSS provides Form 03PA213E, Rescission of Denial of Paternity, for a person to use CSS 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 calendar days after the date of the last signature on Forms 03PA209E and 03PA210E.¢ 78
(A) When a person submits Form 03PA213E to CSS within 60 calendar days after the date of the last signatures on Forms 03PA209E and 03PA210E, CSS 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 CSS past the 60 calendar day time period, CSS sends a letter to the person who submitted Form 03PA213E informing the person the rescission of denial is invalid because it was not timely submitted.
(d) When CSS establishes paternity against an alleged father or with a custodial person, either of whom is a servicemember, CSS applies the provisions of the Servicemembers Civil Relief Act, codified in 50A U.S.C. §§ 501-596.¢ 89
(e) When CSS has the cooperation of a deceased alleged father's relatives, CSS 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, 10 O. S. §§ 7700-501-7700-511.¢ 56 & 910
(f) CSS establishes paternity against an alleged father who is disabled and receiving monthly Supplemental Security Income before reviewing the case for possible closure per Oklahoma Administrative Code (OAC) 340:25-5-123.
(g) CSS pursues all alleged fathers before requesting the court enter a default paternity order when the custodial person (CP) has provided information that more than one man is possibly the child's biological father.
(1) CSS requests a default order when genetic testing shows one alleged father is the biological father or all other alleged fathers have been excluded by genetic testing.CSS uses other legal processes to compel genetic testing, such as license revocation or contempt of court proceedings.
(2) CSS requests the court determine paternity when unable to obtain genetic testing on two or more alleged fathers.
(h) CSS does not request a default paternity order when the alleged father is the case applicant and the CP objects to the alleged father being found the father without genetic testing.When a default paternity order has been entered and either party contacts CSS in writing within 30 calendar days of entry of the default order, CSS 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, CSS pursues genetic testing and vacates or amends the default order as necessary based on findings.¢ 1011
(i) Genetic testing costs incurred in paternity establishment cases are paid as follows:
(1) CSS advances the costs for genetic testing and recovers the genetic test costs from the noncustodial parent or as ordered by the court.
(2) When CSS paternity results are contested, CSS requests payment in advance of a second genetic test by the requesting party.
(3) When a court orders CSS to provide genetic testing and CSS does not have a case open for services, CSS requires a party to complete an application for services prior to advancing the costs of genetic testing.
(4) In interstate cases, CSS follows OAC 340:25-5-270.
INSTRUCTIONS TO STAFF 340:25-5-176
Revised 9-15-143-1-16
1.The Oklahoma Department of Human Services (DHS) Director authorizes Child Support Services (CSS) state's attorneys, as designees, to approve orders for genetic testing issued by the Director's authority, per Section 240.23 of Title 56 of the Oklahoma Statutes (56 O.S. § 240.23) through the CSS Director's Authorization memorandum dated December, 2012.
2.When an alleged father is the custodial person and paternity has not been legally established, CSS establishes paternity within the action to establish a child support obligation against the mother.
3.(a) The P04, Paternity Questionnaire, completed by the mother is an essential step in CSS paternity actions,. This includes actions involving Acknowledgments of Paternity or any other establishment action where the state's attorney determines the P04 is necessary prior to proceeding.CSS staff proceeds with a paternity action when the case file includes a completed and signed P04 for each child.When CSS is unable to obtain a P04 completed and signed P04 by the mother, and has exhausted all applicable CSS follows the Consistent Excellence Paternity Legal Review Process, and consults the CSS state's attorneys to determine if CSS can proceed with the paternity action or whether CSS pursues noncooperation processes, per Oklahoma Administrative Code 340:25-5-114, staff consults the CSS state's attorneys to determine if CSS can proceed with the paternity action.
(b) 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.
34.When an alleged father is incarcerated, 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.CSS staff schedules genetic testing for an incarcerated, alleged father unless the father acknowledges paternity in writing or through court testimony.
45.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.
56.(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 provides written permission to reuse the specimen.
(b) If When 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).
67.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, CSS staff does not consider this as establishing a presumption of paternity in the common-law husband per 10 O.S. § 7700-204.Instead, CSS staff works this fact pattern as a paternity case and files a Notice of Paternity and Support Obligation court action.
78.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.
89.CSS staff follows the Guide to the Servicemembers Civil Relief Act (SCRA), available from the 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.
910.When a relative does not volunteer to participate in the genetic testing, CSS does not file a forced probate court action to establish paternity against a deceased alleged father.
1011.(a) When a party contacts CSS within 30-calendar days to request reconsideration of a default paternity order, 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.CSS staff provides the party with CSS pro se self-help motion to vacate.
(b) After one party files a written request, CSS sets the case for hearing and notifies the parties by mail under Rule 2 of the Rules for District Courts.The 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, 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.
340:25-5-179. Duration of supportITS ONLY
(a) Section 112 of Title 43 of the Oklahoma Statutes governs the duration of a child's entitlement to support by parents when Oklahoma establishes the child support order.¢ 1 through 3
(b) Sections 601-604 and 601-611 of Title 43 of the Oklahoma Statutes govern the duration of a child's entitlement to support by parents when:
(1) another tribunal establishes the child support order; or
(2) Oklahoma modifies the child support order of another tribunal.¢ 24 & 35
INSTRUCTIONS TO STAFF 340:25-5-179
Revised 7-1-133-1-16
1.See Carr v. Carr, 834 P.2d 970 (Okla. 1992) that interprets Section 112 of Title 43 of the Oklahoma Statutes as meaning that support continues for an 18 year old child who is regularly and continuously attending high school when the custodial person is providing the child with the necessities of life.Oklahoma Department of Human Services Child Support Services (CSS) staff considers a child to be regularly enrolled in and attending high school as a full-time student when the custodial person (CP) provides proof of:
(1) full-time enrollment in a high school program accredited, per Section 11-103 of Title 70 of the Oklahoma Statutes (70 O.S. § 11-103);
(2) full-time enrollment and attendance in an alternative high school program, per 70 O.S. § 11-103 including internet-based or vocational-technical courses; or
(3) home-schooling, such as notebooks, study materials, curriculum, and anticipated date of graduation or graduation equivalent.CSS staff determines if the information provided by the CP is sufficient to continue current support for the child.
2.CSS staff does not consider a child's enrollment in a General Educational Development (GED) program as full-time enrollment unless the CP provides proof the student is attending a GED program for a number of hours per week equivalent to full-time high school enrollment.
3.When there is a dispute about the child's full-time attendance in an educational program, CSS staff sets the case for an evidentiary hearing.
4.If When Oklahoma modifies the order of another state, the law of the state in which the original controlling order was entered governs the duration of support for the modified order.
35.The age of majority varies by state.Child support CSS staff may use the federal Office of Child Support Enforcement online Intergovernmental Reference Guide on the Internet, available at https://extranet.acf.hhs.gov/irg/welcome.html https://ocsp.acf.hhs.gov/irg/welcome.html, to obtain states information about referrals to other states for establishment of support.
PART 22. REVIEW AND MODIFICATION
340:25-5-198.2. ModificationITS ONLY
(a) Authority for modification.Oklahoma Department of Human Services(DHS) Child Support Services (CSS) may initiate modification of a child support order per Sections 112, 118-118I, 118.1, 119, 601-611, 601-613, and 601-615 of Title 43 of the Oklahoma Statutes (43 O.S. §§ 112, 118-118I, 118.1, 119, 601-611, 601-613, and 601-615) and 56 O.S. § 237 in the appropriate tribunal when facts indicate modification is warranted under applicable state or federal law or regulation.
(b) Modification of child support order.CSS seeks a modification when:¢ 1
(1) there has been a material change in circumstancesper 43 O.S. § 118I including, but not limited to:
(A) a change in either parent's gross income or changes in child support guideline calculation, such as child care expenses or medical support;
(B) a child reaching the age of majority per 43 O.S. § 112;
(C) a component of or the new current child support amount is 20 percent higher or lower than the existing order;
(D) there is a change in physical custody verified per Oklahoma Administrative Code (OAC) 340:25-5-201.1;
(E) one of the parents is determined disabled by the Social Security Administration and the parent is receiving Supplemental Security Income or Social Security Disability Income; or¢ 12
(2) per 56 O.S. § 237 when the evidence in the case justifies a modification regardless of whether there has been a change of circumstances including, but not limited to, when:
(A) the original order fails to set child support according to the guidelines; or
(B) an adjustment is needed to maximize a noncustodial parent's (NCP's) available income to meet the current child support obligation in each of the NCP's cases; or
(C) a parent provides proof the child support obligation is being satisfied in full or in part by an apportionment of the veteran's disability compensation.¢ 23
(c) Modification of medical support order.
(1) CSS seeks a modification of an order for medical support when:
(A) there is no existing order for either parent to provide dependent health care coverage.CSS initiates a modification of a support order to require either or both parents to provide dependent health care coverage when CSS obtains information the child(ren) is not covered under an existing health care plan other than SoonerCare (Medicaid), regardless of whether the coverage is currently available to either parent;
(B) the availability of medical insurance changes;
(C) there is an order for the custodial person to provide medical support for the minor child(ren) and enforcement of the order is not appropriate per 43 O.S. § 139.1 or 21 O.S. § 566;
(D) an order for the NCP to provide medical insurance and the release of information necessary for enrollment of the child is inappropriate due to family violence and a cash medical order is appropriate per OAC 340:25-5-198; or
(E) there is an order for a parent to provide medical insurance, the applicant for child support services has not requested services against that parent, and the ordered parent is not actually providing medical insurance for the child.¢ 34
(2) When CSS participates in the modification of a child support order filed by a party, CSS requests the court order contain a provision for medical support consistent with OAC 340:25-5-168.
(3) When a child support order exists, CSS considers a request to establish a medical support order as a request for modification of the order per 43 O.S. § 118.1.CSS seeks a medical support order in a tribunal that has jurisdiction to modify the child support order and follows procedures per OAC 340:25-5-198.1.
(4) When cash medical support is ordered as part of a modification action, CSS requests a cash medical support order be effective the first day of the month following the date the modification order is entered.
INSTRUCTIONS TO STAFF 340:25-5-198.2
Revised 7-1-103-1-16
1.Upon completion of a child support order modification, Oklahoma Department of Human Services Child Support Services (CSS) staff updates the OBLRV screen in the Oklahoma Support Information System (OSIS) associated with the current support amount that was modified.
2.When a parent is receiving Supplemental Security Income, staff follows Oklahoma Administrative Code (OAC) 340:25-5-178 and Instructions to Staff (ITS).
23.Oklahoma Department of Human Services Child Support Services (CSS) CSS requests the court consider the apportionment of the veteran's disability compensation amount, per OAC 340:25-5-178 and ITS.
34.When a third party custodial person does not seek services against one of the parents and that parent is ordered to provide medical support for the child, CSS cannot enforce the medical support order.Therefore, if when the ordered parent is not providing the medical insurance, CSS seeks modification to establish the medical support order against the parent for whom CSS has an open case.
PART 38. IV-D AND NON-IV-D CENTRAL CASE REGISTRY INFORMATION
340:25-5-340. Collection and maintenance of addresses of recordITS ONLY
(a) Scope and authority.Section 112A of Title 43 of the Oklahoma Statutes (43 O.S. § 112A) provides the basis for Oklahoma Department of Human Services (DHS) Child Support Services (CSS) to collect and maintain addresses of record for:
(1) parties and custodial persons (CP) subject to paternity orders or child support orders entered in Oklahoma;
(2) noncustodial parents (NCP) per (56 O.S. § 237A) and Oklahoma Administrative Code 340:25-5-213;
(3) parties and CPs subject to paternity orders or child support orders entered in other jurisdictions; and
(4) parties and CPs when they voluntarily submit them.
(b) Establishment of address of record.CPs and NCPs establish the initial address of record through:¢ 1
(1) completion of Form 03EN008E, Child Support Services - Address of Record and/or Family Violence Statement;
(2) designation in form 03EN001E, Application for Child Support Services;
(3) a court order; or
(4) a support order summary form when services are not provided under the DHS state Title IV-D plan per 56 O.S. § 237.
(c) Updating an address of record.
(1) A person who is responsible for maintaining an address of record on file with CSS per 43 O.S. § 112A or 56 O.S. § 237A must notify CSS of any change in the address within 30 calendar days.The person may send changes to CSS, Central Case Registry, PO Box 248843, Oklahoma City, Oklahoma 73124-8843 or to a district child support office.CSS may require proof of a person's identity before establishing or changing a person's name or the address of record and may attempt to verify or confirm the correctness of the address of record.¢ 2
(2) A CP updates an address of record:
(A) by submitting a new address of record in writing;¢ 13
(B) by telephoning CSS customer service at 405-522-2273 in the Oklahoma City calling area, 918-295-3500 in the Tulsa calling area, or toll-free at 1-800-522-2922 and entering a DHS customer identification number and personal identification number.This provides restricted access to the CP's case information for CSS to update the address of record by telephone; or
(C) through a court order.
(3) A CP who is represented by an attorney may designate the attorney's address as the address of record per 43 O.S. 112A & 413(F) by completing Form 03EN026E, Designation of Custodial Person's Address of Record.The designation must include the CP's and the attorney's signatures.In accepting designation as the CP's address of record, the attorney becomes responsible for receiving the CP's legal documents and other official papers by regular mail and may receive the CP's payments.When a CP has designated an attorney's address as the address of record, the address of record can be updated by the CP completing Form 03EN030E, Termination of Attorney Address of Record Designation.
(4) CSS does not change a CP's address of record to that of a collection agency to send support payments to the collection agency's address.CSS denies any such request, unless there has been an assignment of child support to an attorney per 43 O.S. § 118.4.
(5) An NCP updates an address of record:
(A) by submitting a new address of record in writing; or¢ 13
(B) through a court order.
INSTRUCTIONS TO STAFF 340:25-5-340
Issued 9-15-153-1-16
1.Oklahoma Department of Human Services Child Support Services (CSS) staff does not establish or update the custodial person's address of record based only on an Annual Notice proceeding.
2.When a party to a case obtains a new name and Social Security number due to domestic violence, CSS staff consults the CSS Family Violence Coordinator in the Center for Planning and Development for guidance on how to proceed.
3.A case participant designates or changes an address of record by completing and submitting Form 03EN008E, Child Support Services - Address of Record and/or Family Violence Statement, or another document that provides appropriate notice regarding the purposes of the address of record.
