This guide outlines procedures for handling child support cases when another state’s agency fails to cooperate. These steps ensure compliance with federal regulations, per 45 CFR 303.7.
- Incoming Interstate Cases: Initiating Agency Non-Cooperation (for a list of initiating state responsibilities, see 45 CFR 303.7(c))
Oklahoma, as the responding state, can close an incoming case if the initiating agency (the requesting state) fails to take an action essential for the next step in providing services.
Example Scenario:
- Arkansas makes a request by Transmittal #1 for Oklahoma to enforce their order on an NCP residing in Oklahoma.
- The Transmittal #1 was acknowledged in Oklahoma and assigned to a local office.
- An arrears balance accumulates over time, but there is no payment plan on the arrearage.
- Oklahoma plans an Annual Notice action to set a payment plan on the arrears.
- Oklahoma then requests an updated Arrears Calculation from Arkansas using both CSENet and Transmittal #2.
- No response is received.
Action:
- Per 45 CFR 303.7(c)(6), an initiating state has 30 calendar days to provide requested information or notify the responding state when it will be provided.
- After 30 days without response, Oklahoma can update CSCU to set the case to close 04/13 for interstate non-cooperation, per 45 CFR 303.11(b)(17).
II. Outgoing Interstate Cases: Responding State Non-Response
For a list of responding state responsibilities, see 45 CFR 303.7(d).
When Oklahoma sends an outgoing referral and the other state fails to respond, it presents a unique challenge. State Office guidance is provided below. Use these four-steps as a best practice for communicating and elevating inquiries.
Before You Start:
- If Transmittal #1 has NOT been previously acknowledged by the responding state, go immediately to Step 2.
- If Transmittal #1 HAS been acknowledged and the case has been assigned to a responding state local office, continue to Step 1.
Escalation Steps:
Step 1: Contact the Local Office
- Start with: The local office in the responding state.
- Methods: Communicate using CSENet, Electronic Document Exchange (EDE), Email, Communication Center, phone calls, regular mail, and fax.
- Note: Remember to send Transmittal #2 communications through EDE (if available in the other state) or by regular mail. A handful of states (e.g., Mississippi) still regularly use fax communications.
- Documentation: Use multiple methods to communicate with the other state. Document all efforts in OSIS case logs.
Step 2: Elevate to the Intergovernmental Central Registry (ICR)
- When: After case staffing with supervisor(s) or following your local office protocol.
- Action: Elevate to the Intergovernmental Central Registry (ICR) of the responding state.
- The ICR has an obligation under 45 CFR 303.7(b) to facilitate communications between states.
- Contact Info: Central Registry contact information for every state can be found in the Intergovernmental Reference Guide (IRG) of the OCSE Child Support Portal.
Step 3: Utilize Complaint Process or IV-D Director Contact
- When: After documented failure of steps 1 and 2, staff with your local Managing Attorney or follow your local office process.
- Action: Reach out to the responding state using their “Complaint” or “Comments” process found within their agency website. A link to each agency’s website can be found on the IRG near the map icon of the state.
- Alternative: If no such process is available, reach out to the responding state’s IV-D Director. Their contact information is also available in the IRG.
Step 4: Formal Complaint to Federal Regional Office
- When: After completion of Steps 1 through 3 and with assistance of the local Managing Attorney or following local office protocol.
- Action: Make a formal complaint to the federal Regional Office that oversees that state:
- Submit complaint to OCSE Regional office: Contacts for OCSS Regional Offices | The Administration for Children and Families
or, if those contacts are not working…
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- Contact Anthony Jackson, Deputy Director or Andrea Giezentanner, Director for further assistance with this step.
Important Email Communication Tip:
- When communicating with other states by email, remember to include both the Oklahoma IV-D number (FGN) and the other state’s IV-D number within the subject line.
If you identify another best practice that enhances communication with other state child support programs, kindly share it with all of CSS using the Comments or Suggestions form at the bottom of this Quest page.