Often, the requesting country will ask Oklahoma to forward the case to NCP’s new state of residence per 45 CFR 303.7(d)(3). If Oklahoma learns of NCP’s new state of residence before being asked, contact the requesting country and ask whether the requesting country prefers Oklahoma to close our case immediately or whether they prefer us to forward to the new state before closing.
Per PIQ-22-01, Question 4: If the respondent (NCP) is located in another U.S. state, 45 CFR 303.7(d)(3) requires the responding state agency to return the intergovernmental forms and documentation, including the new location, to the initiating agency, or, if directed by the initiating agency, forward the intergovernmental forms and documentation to the central registry in the state where the respondent has been located. Often, in a Convention case, the requesting Central Authority prefers that the forms and documentation be forwarded to the new location. If the responding state no longer has the original hard-copy case documentation, the state should transmit the case documentation that it has, even if electronic. Given the work involved in developing a Convention application, OCSS encourages responding state agencies to assist the requesting country’s Central Authority as much as possible.
In Oklahoma, we would need to locate the forms and documentation we originally received from the initiating country in Onbase. Send everything to NCP’s new state of residence with a simple cover letter stating “per the (initiating) requesting country, the attached referral is being forwarded to you in accordance with 45 CFR 303.7(d)(3).”
Do not open a new REFA in OSIS. Do not use a Transmittal #1 or any other UIFSA documents.
If possible, send everything using EDE. It is also good casework to also forward:
- Any Orders we obtained;
- A detailed payment record (FROPOS document in ALC) of all collections and distributions we processed; and
- Any other documents that the new state will need to know to take over handling the case.
At this point, the new state takes over the intergovernmental referral and communicates not with Oklahoma, but directly with the requesting country. Oklahoma CSS closes their referral from the requesting country, and if appropriate also closes our child support case. Case closure is based upon the requesting country’s implied request for Oklahoma to close its case at the time Oklahoma CSS is forwarding the case to NCP’s new state of residence.
Last, send a final communication by letter to the requesting country that Oklahoma has forward the case per their request. You will also want to let them know that the Oklahoma case has been closed.