Rule Impact Statement
To: Programs administrator
Legal Services - Policy
From: Andrea Giezentanner, Director
Child Support Services
Date: June 1, 2025
Re: CHAPTER 25. CHILD SUPPORT SERVICES
Subchapter 1 Scope and Applicability
340:25-1-5.1 [AMENDED]
Subchapter 5 Operational Policies
Part 9. Disclosure of Information
340:25-5-67 [AMENDED]
Part 15. Case initiation, case mangement, and case closure
340:25-5-114 [AMENDED]
340:25-5-124.4 [AMENDED]
Part 22. Review and Modification
340:25-5-198.2 [AMENDED]
Part 23. Enforcement
340:25-5-200 [AMENDED]
340:25-5-211.1 [AMENDED]
(Reference WF 26-25)
Contact: Bryson Carter, Programs Manager, 405-982-2855
A. Brief description of the purpose of the proposed rule:
(i) Purpose:
The proposed amendments to Chapter 25 Subchapter 5 amend the rules to: (1) implement rule changes recommended during the annual Child Support Services (CSS) Standing Rules Committee (SRC) policy review process; (2) amend legal authorities as necessary; (3) clarify federal regulations in Sections 302 and 303 of Title 45 of the Code of Federal Regulations (45 C.F.R. §§ 302 and 303); and (4) make non-substantive changes to improve rule clarity.
(I) Rule classification. The proposed amendments are classified as non-major rules as they will not exceed one million dollars over the initial five-year period following the promulgation of the proposed rule.
(II) A determination whether the proposed rule is mandated by federal law, or as a requirement for participation in or implementation of a federally subsidized or assisted program. The proposed amendments to OAC 340:25-1-5.1, 340:25-5-67, 340:25-5-124.4, and 340:25-5-211.1 are not mandated by federal law and serve to clarify rules. The proposed amendments to OAC 340:25-5-114 are mandated by federal law and serve to clarify existing federal regulations.
(III) A determination whether the proposed rule exceeds the requirements of the applicable federal law. The proposed amendments to OAC 340:25-1-5.1, 340:25-1-67, 340:25-5-198.2 and 340:25-5-200 exceed federal requirements by providing additional operationally focused information and promoting clarity in OKDHS CSS rules beyond the minimum federal standard.
(IV) A summary and preliminary comparison of any existing or proposed federal regulations that are intended to address the activities to be regulated by the proposed rule. The proposed amendments to OAC 340:25-5-67 clarify information disclosure regulations set forth in 45 C.F.R. § 303.21. The proposed amendments fix citations to federal regulations and state statutes in rules and are not mandated by federal authorities. Citation syntax is not addressed in 45 C.F.R. § 303.21.
The proposed amendments to OAC 340:25-5-114 clarify the application of case closure regulations as set forth in 45 C.F.R. § 303.11(b)(16). The proposed amendments are required by federal law to clarify existing federal regulations by providing procedures for uncooperative custodial parent (CP) nonapplicants when CSS has an application from a noncustodial parent (NCP). States operating a IV-D child support enforcement program must adopt and implement case closure procedures that align with federal law to ensure continued eligibility for federal financial participation.
The proposed amendments to OAC 340:25-5-198.2 exceed federal requirements in 45 C.F.R. § 303.31 by clarifying the effective date of a cash medical order which is part of a modification action. 45 C.F.R. § 303.31 provides information on mandated healthcare coverage for child support orders and when cash medical is appropriate. The proposed amendments address a need not provided for in federal regulations.
The proposed amendments to OAC 340:25-5-200 clarify federal regulations set forth in 45 C.F.R. § 303.7 governing the provision of services in intergovernmental IV-D cases. The proposed amendments exceed the federal requirements in 45 C.F.R. 303.7 by providing more details to staff on when to register a foreign support order for enforcement.
(ii) Strategic Plan Impact.
The proposed amendments achieve Oklahoma Human Services (OKDHS) goals to improve the well-being of the families we serve, to engage with stakeholders to meet the needs of Oklahoma families, and to promote a culture of continuous improvement and efficient program administration.
(iii) Substantive changes.
Subchapter 1. Scope and Applicability
Part 9. Disclosure of Information
OAC 340:25-1-5.1 is amended to correct outdated references.
Subchapter 5. Operational Policies.
OAC 340:25-5-67 is amended to correct statutory citations
Part 15. Case initiation, case mangement, and case closure
OAC 340:25-5-114 is amended to: (1) add guidance for when an NCP is an applicant and a CP is noncooperative; (2) clarify when noncooperation procedures in policy apply to CP applicants; and (3) add nonsubstantive statutory cleanup.
OAC 340:25-5-124.4 is amended to correct a reference to a revoked rule directing staff to the problem solving court program.
Part 22. Review and Modification
OAC 340:25-5-198.2 is amended to specify that unless the parties agree to a different date, when cash medical is ordered as part of a modification, the cash medical support order is effective the same date the modified child support amount is effective.
Part 23. Enforcement
OAC 340:25-5-200 is amended to: (1) specify CSS registers a support order from another state when CSS determines registration is necessary for enforcement or modification; and (2) correct a citation to the problem solving court program.
OAC 340:25-5-211.1 is amended to correct a citation to the problem solving court program.
(iv) Reasons.
Chapter 25, Subchapter 1: The proposed amendments correct outdated division and departmental references.
Chapter 25, Subchapter 5: The proposed amendments: (1) amend rules to provide improved customer service; (2) provide additional clarification regarding CSS processes to the public; and (3) clarify language and legal citations.
(iv) Repercussions.
Chapter 25, Subchapter 1: The proposed amendments correct references to CSS and the CSS center for business.
Chapter 25, Subchapter 5: The proposed amendments are designed to use a Hope centered and trauma-informed framework as a guiding approach to rulemaking. CSS reviews and drafts rule changes to facilitate pathways to customer goal achievement which removes barriers by: (1) increasing program efficiency; (2) improving customer service; and (3) providing clear and accurate guidance to staff to ensure consistency in rule application. Failure to do so could lose or suspend Title IV-D federal funding.
(v) Legal authority.
Section 652 of Title 42 of the United States Code [42 U.S.C. 652]; 45 C.F.R. §§ 302, 303; 45 C.F.R. § 303.7; 45 C.F.R. § 303.11; 45 C.F.R. § 303.21; 45 C.F.R. § 303.31; Director of Human Services; 12 O.S. § 2004; 21 O.S. § 566; 43 O.S. §112A; 43 O.S. § 114; 43 O.S. § 118I; 56 O.S. § 162; 56 O.S. 240.1; 56 O.S. § 240.23; 62 O.S. § 34.64
(vi) Permanent rulemaking approval is requested.
B. A comprehensive analysis of the rule's economic impact on the Agency, including but not limited to, full-time employee count and any costs or benefits. The analysis includes a detailed explanation of the methodology and assumptions used to determine the economic impact, including, whenever possible, the dollar amounts calculated. The proposed amendments are not expected to have an economic impact on OKDHS, so no comprehensive analysis of impact is needed at this time.
C. A comprehensive analysis of the rule's economic impact outside the Agency, including a detailed quantification of implementation and compliance costs on the affected businesses, business sectors, public utility ratepayers, individuals, state or local government units, and on the state economy. The analysis includes a detailed explanation of the methodology and assumptions used to determine the economic impact, including, whenever possible, the dollar amounts calculated, as well as a list of fee changes with a separate justification for each fee change: CSS anticipates no fiscal impact to any businesses, sectors, state or governmental units, or the state economy. Considerations include programming changes needed to implement amendments, rule impacts on peer OKDHS divisions and other agencies, and additional staff needs.
D. 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 amendments are children entitled to support, NCP who owe child support, CP who are owed child support, CSS staff, private attorneys, and courts. The affected classes of persons will bear no costs associated with implementation of the amendments.
E. A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit are children, NCPs, CPs, CSS staff, employers, courts, and taxpayers.
F. A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change: There are no fee changes associated with these rule changes.
G. 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 amendments 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.
H. 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.
I. A description of any measure taken by the Agency to minimize the cost and impact of the proposed rule on business and economic development in this state, local government units of this state, and individuals: CSS anticipates no fiscal impact to state and local government units, individuals, or business and economic development in Oklahoma.
J. 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: The proposed amendments are intended to comply with state and federal child support mandates, increase program effectiveness, protect CSS ability to deliver services, and improve services delivered to families, thereby contributing to the health, safety, and wellbeing of children entitled to support.
K. A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: Failure to implement the proposed rules will result in adverse consequences for children and custodial parents who will be negatively impacted by a less effective child support program.
L. An analysis of alternatives to adopting the rule: Alternatives to the proposed amendments to OAC 340:25-1-5.1 and 340:25-5-67 included removing the citations from policy. SRC determined removing the reference was detrimental to staff guidance than correcting it.
Alternatives to the proposed amendments to OAC 340:25-5-114 included more robust training practices as opposed to a rule, more robust guidance in Instructions To Stuff, and updating current staff training materials. CSS SRC determined further clarity was needed in the rule to provide for noncooperation of CPs in NCP applicant cases.
There are no alternatives to adopting the proposed amendments to OAC 340:25-5-124.4.
Alternatives to the proposed amendments to OAC 340:25-5-198.2 included maintaining current business practices. CSS SRC determined overwhelming staff feedback warranted this amendment.
Alternatives to the proposed amendments to OAC 340:25-5-200 included more robust training practices as opposed to a rule, more robust guidance in Instructions To Stuff, and updating current staff training materials. CSS SRC determined the change was needed in rule to standardize business processes for registering orders statewide.
There are no alternatives to adopting the proposed amendments to OAC 340:25-5-211.1.
M. Estimates of the amount of time that would be spent by state employees to develop the rule and of the amount of other resources that would be utilized to develop the rule: One month prior to new rules being effective, trainers and associated staff working as a team: (1) identify the change and its impact on the current process to determine priorities; (2) review all areas (Quest, LMS, Simulations, Cheat Sheets, InfoNet, Internet, etc.) to determine how the rule change may impact the information in these areas; and (3) create new materials and make changes pursuant to updated guidance.
N. The date the rule impact statement was prepared and, if modified, the date modified: Prepared June 1, 2025; modified: July 28, 2025
