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2021 Policy Updates

Policy Updates for Legislative Year 2021 Per Amended OAC Rules and Instructions to Staff.

Effective September 15, 2021 and Legislation Effective November 1, 2021.

The need for these amended rules and Instructions to Staff (ITS) was identified during the CSS annual review of rules in OAC 340:25 and CSS review of changes in state and federal laws. Legislation was identified and developed by the Center for Operations, Office of Impact Advocacy and Legal Outreach with the CSS Director.

The rules may be viewed in Word in Outlook://Public Folders/All Public Folders/OCSS All/Policy Unit/ Rules/Current Rules.

The 2021 Policy Index CSQuest article which links to the OKDHS website will be updated as soon as possible with the 2021 information.

OAC Section Summary of Amendments
340:25-1-1.1 Definitions Page 3

  • amended to add a definition for “Intergovernmental”.
  • Non substantiative cleanup
340:25-1-2.1 Location for information Page 6
ITS only: amended to update the Center now responsible for interpretation services
340:25-1-1.2 Structure and services Page 8
ITS only: amended to include interest when enforcing a fixed sum judgment for costs incurred by the mother for the child’s birth.
340:25-3-1 Authority and scope Page 10
ITS only: is amended to remove a note.
340:25-3-3 Service of process Page 12
is amended to add the process for subsequent consent of electronic service. This includes completion of the Notice of Consent to Electronic Service. Pleadings asserting new or additional claims require a new Notice of Consent to Electronic Service.
340:25-5-67.1 Family violence Page 14
ITS only: is amended to provide direction when address information is unclear and there are family violence issues. If unsure, staff contacts the Family Violence Coordinator in CPD for guidance.
340:25-5-114 Procedures for determining and processing noncooperation on Temporary Assistance for Needy Families (TANF) and non-TANF SoonerCare (Medicaid) cases Pages 15-16
is amended to:

  • remove references to obsolete child care subsidy practices & policy
  • redefine noncooperation as when the custodial person (CP) fails to participate in a scheduled CSS conference or meeting. Removed reference to CP coming to CSS office. – [This definition now same as non-cooperation in 340:25-5-117 & AFS policy.]ITS: Changes to ITS are non-substantive/clean up only.
340:25-5-117 Initiation of Title IV-D cases Pages 19 -20 is amended to:

  • (a)(1)&(4) remove references pertaining to obsolete child care subsidy referrals;
  • (a)(3) add that CSS initiates a case when either an NCP or CP assigns medical support rights when they apply for SoonerCare for themselves and child. [Was just a CP made it both CP & NCP]
  • (g) remove language that could put the CP or children at risk when an NCP submits an application for services in a case previously closed for good causeITS: is amended to: remove obsolete instructions to staff
  • (1) & (9) remove obsolete references and instructions on how to process child care subsidy referrals;
  • remove the obsolete language in ITS 2 which pertains to transfer of referrals on RFLI from one district office to another. This change was a request from Case Initiation CE.
  • ITS old 8, new 7, removed reference to outdated training manual.
340:25-5-118 Noncooperation on non-Temporary Assistance for Needy Families (TANF) cases Page 23

  • is amended to remove obsolete references to child care subsidy referral requirements.

ITS: (pg. 24) is amended to remove references to child care subsidy.
340:25-5-123 Case closure system Pages 24-26
is amended to:

  • (c)(2) & (3) remove obsolete references to child care subsidy; and
  • (c)(4) adds language to include a combination of Supplemental Security Income (SSI) and Supplemental Security Disability Income (SSDI) for the when, a case may be closed per 45 C.F. R § 303.1
  • Clean up non-substantive language.ITS: is amended to: (1) In old 7 and 8, remove references to child care subsidy case closure procedures;
  • New 8, adds instructions for when CSS receives a payment on a non-Temporary Assistance for Needy Families SoonerCare benefits only case;
  • In new 9, provide instruction for next steps when closing a case prior to paternity or a child support being established. It also provides guidance on modification to zero before closing when a child support order’s been established.
340:25-5-124 Assignment and Transfer of cases Pages 29-32
[These all came from the CE case initiation group]
is amended to:

  • New 3 clarifies case assignment when there is both an Oklahoma order and an intergovernmental order per 43 O.S. §§ 601-601 through 601-614; and
  • New 11 (pg.30) clarifies case assignment per OAC 340:25-5-185.1 when there is an existing OAH order that has not been docketed. The case goes back to county/office that obtained the admin order.ITS: is amended to:
  • (ITS2) Provides guidance on office assignment when there is a prior order and the parties divorce and subsequently remarry; It also explains the legal effect on the order provisions of the parties’ marriage or remarriage;
  • (ITS4) provide case assignment instructions when there are multiple Oklahoma orders and
  • (ITS 5) provide guidance when there are multiple orders in and out of state.
  • (ITS 6) provide direction when address information is unclear and there are family violence issues. If unsure, staff contacts the Family Violence Coordinator in CPD for guidance.
  • (ITS 8, pg.32) provide case assignment instructions when the NCP’s finding address and address of record are different;
  • (ITS 13, pg.34) provide direction on which office is responsible for coordinating remote hearing for the parties when the parties no longer reside in the original county; and
  • (ITS 14) add language clarifying case transfer process when there are extenuating circumstances, including the filing of the Notice of Transfer with OAH.
340:25-5-124.3 Assignment and management of deprived cases Pages 34-37
is amended to clarify that when there is an existing family and domestic district court case, the child support case is assigned to the office serving the county of the deprived actions.ITS: (pg. 35-37) is amended to remove reference to obsolete offices.
340:25-5-140 Past support Page 41
ITS Only: is amended to instruct that CSS continues to collect arrears that accrued under a district court temporary order when the underlying court action is later dismissed and the support order was never vacated.
340:25-5-140.1 Interest Page 42
is amended to clarify that interest also accrues on child care costs and accrued fixed medical judgments per 43 O.S. § 114.
ITS: Non-substantive cleanup.
340:25-5-169 Establishment of medical enforcement only cases Page 45
is amended to remove references to child care subsidy.
ITS: Non-substantive cleanup
340:25-5-176 Establishment of parentage Page 49
ITS only: is amended to:

  • ITS(3)(a)(4) clarifies that when a mother has not returned a PO4, CSS may request a default order when the state’s attorney determines there is sufficient legal basis without the participation of the mother; and
  • Non-substantive cleanup.
340:25-5-179.1 Establishment of support for a prior period Pages 51-52
is amended to:

  • clarifies CSS establishes support for a prior period when child support is initially established, not sought. [changed child support sought to child support established];
  • remove unnecessary language when an NCP is incarcerated. Process on how to proceed with an incarcerated NCP is provided in OAC 340:25-5-178.ITS (pg. 52): is amended to
  • ITS 2 is existing language that is just moved up
  • ITS 3 clarify credit is given when there are other qualified children per 43 OS §118C;
  • (2) ITS 4 direct staff to inform parties to proceed with their own court action when support for a prior period was previously reserved or not addressed. Provided example of when this applies: (1) custodial person fails to appear for the hearing after service; or
  • (2) noncustodial parent is incarcerated.
340:25-5-198.2 Modification Page 55
ITS: is amended to:

  • (ITS 3 and 4) provide instruction that at a modification hearing, the CSS attorney will determine when to ask the court to confirm a judgment for arrears accrued under a prior order when the CP fails to appear or the NCP is incarcerated.
  • Staff do not remove the balances when modifying an order for an incarcerated NCP. State’s Attorneys decide when to ask the court to confirm a judgment for accrued arrears.
340:25-5-200 Enforcement Page 55
is amended to clean up a citation.
ITS: Non-Substantive cleanup.
340:25-5-203.1 Collection from lottery prize winnings Page 59
ITS Only: Revoked ITS.
340:25-5-286 Tribal case referrals and transfers Page 60
ITS: [all changes were channeled through Tony & Carlissa in CPD – cleaned up tribal case process now that we have a dedicated Tribal position in STO] is amended to:

  • (New ITS 2) instruct staff to not send the case file to another IV-D program, including Tribal Programs – also moves existing ITS language regarding federal guidance documents to this ITS
  • (New ITS 3) add that staff contract the CPD tribal liaison when determining whether to request when to proceed with a request to a tribal IV-D program;
  • (New ITS 4) removed instructions on how to proceed with cases in a tribal guardianship action;
  • (Old ITS 6) Struck obsolete process when there is a referral to Tribal programs.
  • (New ITS 5) removed obsolete language concerning when a Tribal case may not be closed, clarifying that case cannot be closed when TANF is being provided.
  • (New ITS 6) clarifies that CSS retains a case when Title IV-E or non-IV-E funds are being expended by the state.
  • (New ITS 7) when an applicant on an existing CSS case requests a Tribal program and CSS closed the case, there is a pending action filed with the court, this ITS directs staff to communicate with the Center for Coordinated Programs tribal liaison to determine whether legal action should be completed or dismissed.
340:25-5-305 Overpayment and recovery policies Page 62-64
is amended to:

  • (g)(1) advise that prior to disbursing an overpayment, CSS conducts a case review; and
  • (g)(2)(C) add language stating CSS does not create or recover an overpayment when cash medical support was distributed to a CP and the Oklahoma Health Care Authority retroactively certifies medical assistance.ITS (pg.64): is amended to provide the case review procedure for when an overpayment is in excess of $500.
340:25-5-328 Recovery of overpayments from other entities Page 65
ITS: is amended to clean up language and correct citation.
340:25-5-340 Collection and maintenance of address of record Page 66
ITS: is amended to instruct that CSS does not establish or update an address of record through a default court order.

Legislation

Summary of Bills – all effective 11/1/21

This bill (SB 134, Daniels) amends 43 OS § 119.1 adding information for the House and Senate Judiciary Committees to consider as part of their review every 4 years:

  • Obtain from OKDHS Child Support Services (CSS):
    • Economic data on cost of raising children,
    • Labor market data and
    • Case data and analysis.
  • OKDHS promulgates rules on the data to provide.
  • Provide opportunity for public input, including from:
    • Low income custodial and noncustodial parents and representatives.
  • Publish all aspects of the quadrennial review on internet, including:
    • House and Senate Judiciary Committee members,
    • Date of guidelines laws and schedule of basic obligations and
    • Date of next review.

Failure to comply with federal requirements for quadrennial reviews may result in rejection of the OKDHS CSS state plan and jeopardize federal funding for CSS and the TANF block grant.

This bill (SB 208, Garvin) clarifies that DHS/CSS can receive all birth and adoptions records of the OSDH electronically.

  • OSDH to receive paternity order data from DHS/CSS electronically and be authorized to update birth certificates based on electronic information, rather than paper copies of orders.  This will create tremendous efficiencies in processes for both agencies. OSDH to send DHS demographic date on births, deaths and adoptions. This data will be used for multiple purposes in DHS, e.g. close CSS and SNAP cases from death data, process paternity and child support cases.

This bill (SB 421, Rosino) makes several changes for CSS case processing:

  • Amends 43 OS §118G to remove the child care subsidy calculation resulting in litigants using the actual co-payment amount; same as with private child care.
  • Amends 43 OS §118B to address new federal requirements for income in the child support computation.
  • Start with current monthly gross income or average of previous year (was 3 years).
  • Only impute income if don’t have actual income.
  • If equitable, consider new factors of a) average wages and hours worked in parent’s industry and geographic area and education, training, work experience and ability to work impute 25 hours of minimum wage, b) wage parent could earn consistent with minimum wage of not less than 25 hours/week (was 40 hours/week).
  • Amends 43 OS §118B to add per diem or other allowance to self-employment fringe benefits.
  • Amends 43 OS §118B to add VA disability received by a child to be treated in the CS Computation the same as SSD benefits.
  • Amends 43 OS §118I to add incarceration for more than 180 days as a reason for a modification.
  • Amends 43 OS §118I to change that a modification shall be effective on 1st day of the month following date of motion to modify unless parties agree to another date.
  • Amends 43 OS §118A, §118B and §118I to address new federal income requirements for incarceration to not count as voluntary unemployment when determining income as follows: Amends 43 OS §118B if a parent’s incarcerated in prison or jail for more than 180 days, use current income which shall not be imputed. Doesn’t apply if incarcerated for crime against CP or child or for contempt of court or felony omitting to provide.
  • New subsection added to 43 OS §118I that there is a rebuttable presumption that an NCP incarcerated for 180 days or more is unable to pay child support and therefore existing child support orders are automatically abated.
    • The abatement goes back to the 1st day of the month following the NCP’s entry into jail or prison.
    • This doesn’t apply if NCP committed crimes listed above.
    • Upon release from incarceration, the obligation reverts to the pre-incarceration order amount beginning 1st day of the month following a lapse of 90 days.
    • Abatement does not affect past-due support that accrued prior to abatement, (e.g. pre-incarceration arrears).

This is an OESC bill (SB 794, Leewright) – Requires all unemployment insurance benefits (UIB) offsets to be made through the CSS IV-D program.

  • Section 10 addresses child support obligations in 40 OS Section 2-801:
    • Changes the process for out-of-state IV-D child support agencies and private attorneys for obtaining UIB offsets through OESC for past due child support obligations.
    • Requires OESC to enter in a data match agreement with DHS/CSS to identify persons who owe child support.
    • DHS/CSS determines the child support amount to withhold from UIB.
    • Requires child support amounts withheld from UIB to be paid to the Centralized Support Registry.

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