Policy Updates for Legislative Year 2023 Per Amended OAC Rules and Instructions to Staff.
Effective September 15, 2023 and Legislation Effective November 1, 2023.
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 & Legal Outreach with the CSS Director.
- Access a copy of Policy Effective 09-15-23 – remediated.pdf
- Access a copy of 2023 Policy Marked Changes – remediated.pdf
- Access a copy of Training Matrix 2023 – remediated.pdf
- Access a copy of Policy Index 2023 – remediated.pdf
- Access a copy of Policy Street – Rules effective 2023 – 08-22 draft – remediated.pptx
- Access current DHS internal regulations and OHCA OAC and an official copy of all OAC
| OAC Section | Summary of Amendments |
| 340:25-1-1 Purpose and legal base | Page 1
· Changed the rule name to include the added legal authorities from revoked 340:25-1-2 that govern the Oklahoma child support program. |
| 340:25-3-1.1. Definitions | Page 3
· Added “duty stations” in the definition of a district office. |
| 340:25-1-1.2 Structure and service | Rule
Page 8 · Added that CSS provides paternity establishment only services when the alleged father is deceased. ITS Page 8 · Added an ITS 7, directing staff that Child Support Services (CSS) follows the Paternity Establishment on Deceased NCP Quest article. |
| 340:25-1-2 Legal base | Page 9
· Revoked per Executive Order 13563: Improving Regulation and Regulatory Review. Relevant information moved to 340:25-5-1.1 |
| 340:25-5-55 Case Records | Rule
Page 10 · Added existing language requiring record disposal authority from revoked OAC 340:25-5-95 ITS Page 10 · Added revoked language from OAC 340:25-5-95 that clarifies when staff eliminate closed case records |
| 340:25-5-66 Legal basis for release of information | Page 11
· Revoked per Executive Order 13563: Improving Regulation and Regulatory Review. Relevant information moved to 340:25-5-67 |
| 340:25-5-67 Information disclosure | Rule
Page 11 · Amended to relocate existing relevant legal authorities from revoked 340:25-5-66 and put the process required when case information is requested from revoked 340:25-5-68 ITS: Amended per IRS requirements Amended to: . Added new language stating facsimile documents to the list of documents with federal tax information that CSS staff does not share. . Added when an unauthorized closure occurs staff report the incident to OCSS.ITsecurity . Added CSS staff are prohibited from allowing an individual to bybass access controls to enter an area containing FTI . Added CSS staff do not print any documents containing FTI and gives directions for when FTI is printed by accident. . corrected name for the Center responsible for providing information to housing authority inquiries. . ITS 11 and 12 added existing revoked language from 340:25-5-68 that directs staff to properly provide and protect information when requested. |
| 340:25-5-67.1 Family Violence | (already live from ITS only submission)
. amended to remove “may” to read CSS staff consults the Family Violence Coordinator for guidance in family violence cases. – now directs staff to contact the centralized family violence coordinator. |
| 340:25-5-68 Procedure for requesting case information from CSED | Page 17
· Revoked per Executive Order 13563: Improving Regulation and Regulatory Review. Relevant information moved to 340:25-5-67 |
| 340:25-5-95 Scope and applicability | Page 17
· Rule and ITS revoked per Executive Order 13563: Improving Regulation and Regulatory Review. Relevant information moved to 340:25-5-55 |
| 340:25-5-114 Procedure for determining and processing noncooperation | Rule
Page 18 Amended to: . Updated tagline to merge two (public assistance and private) noncooperation polices into one. . (a) added existing language from 340:25-5-118 federal authority Section 303.11 of Title 45 of the Code of Federal Regulations. . (d) Added existing language from revoked 340:25-5-118 to clarify CSS determines if a case is eligible for closure for noncooperation . (e) Added existing language from revoked 118 to state CSS requires a new application to reopen a case closed for noncooperation. ITS Page 20 . Amended ITS 2 to clarify instructions for updating noncooperation in child OSIS from revoked rule 340:25-5-118. . ITS 3 added existing language from 340:25-5-118 that failure to provide an order does not constitute noncooperation. |
| 340:25-5-118 Noncooperation on non-TANF cases | Page 21
· Rule & ITS revoked per Executive Order 13563: Improving Regulation and Regulatory Review. Relevant language moved to 340:25-5-114. |
| 340:25-5-123 Case closure system | Rule
Page 22 · Amended to comply with change to 45 CFR § 303.11 that updates closure criteria by adding allowable closure when the child support payor receives Supplemental Security Income and Social Security Disability or Social Security Retirement . Removed requirement to modify an order to 0 prior to closure. ITS Page 23 · ITS 7 & 9 No longer mandates but allows discretion that a case be modified to zero prior to closure. . ITS 13 removed requirement to release liens prior to closure |
| 340:25-5-124.3 Assignment and management of deprived cases | Rule
Page 25 amended to: . Streamlined the process for transferring and working a child support case when the family is involved in a juvenile deprived court case. . Added the process when a requested deferral per 10A O.S. § 1-4-702 is approved. ITS: Page 27 · Removed obsolete and confusing instructions to reflect current process through CIC. . Added the current process for assignment and transfer of case(s) involved in the deprived court system. . Added that prior to transfer staff follow the Legal Authority for Assignment and Management of Deprived Cases Quest article. |
| 340:25-5-169 Medical enforcement only cases | No new language in this rule.
Page 31 · Amended tagline to combine all MEO policy and added existing language on medical enforcement only cases from revoked OAC 340:25-5-170 |
| 340:25-5-170 Enforcement of medical enforcement only cases | Page 32
· Revoked per Executive Order 13563: Improving Regulation and Regulatory Review. Relevant information moved to 340:25-5-169 |
| 340:25-5-178 Calculating new and modified child support obligations | Rule
Page 32 · Amended to remove non-substantive duplicated language cleanup in (e). ITS Page 34 amended to: . Added Veterans Administration benefits to the list of benefits offset from current child support per 11-2021 statutory change. . Added that CSS can deviate from the child support amount when a parent is receiving only Social Security Retirement (SSR) . Removed examples of unjust guideline amounts. . Removed the process when noncustodial parent receives disability through Veteran’s Administration. |
| 340:25-5-190 Service of Process | Rule
Page 38 . Clarified process when serving documents by email. This is codifying a best practice, we are already doing this. ITS Page 39 . Added that CSS staff may use electronic signing when providing documents by email. Other change is existing language just moved. |
| 340:25-5-200 Enforcement | Rule
Page 41 · Amended to include enforcement of spousal support legal authority from revoked OAC 340:25-5-200.2. ITS Page 43 · Added language from revoked OAC 340:25-5-200.2 advising that CSS does not enforce spousal support when the child no longer resides with the custodial parent. |
| 340:25-5-200.2 Enforcement of spousal support | Page 44
· Revoked per Executive Order 13563: Improving Regulation and Regulatory Review. Relevant information moved to 340:25-5-200. |
| 340:25-5-200.3 Problem solving court program
|
Page 45
· Revoked per Executive Order 13563: Improving Regulation and Regulatory Review. |
| 340:25-5-244 Review procedures for state tax refund offset program | Page 46
is amended to: . Clarified a state tax offset is for past due child support and overpayment recovery when notice is sent to the affected taxpayer allowing both CP & NCP tax offsets. . Cleanup existing language. |
| 340:25-5-200. Enforcement
|
Rule
Page 47 Amended to add: . CSS authority to access credit bureau information from revoked OAC 340:25-5-265.1. . Non substantive clean-up. ITS Page 47 . Added from revoked OAC 340:25-5-265.1 that staff consult federal publication PIQ-99-08 when accessing credit information. |
| 340:25-5-265.1 Access of consumer reporting agency – credit bureau – information
|
Page 48
. Revoked per Executive Order 13563: Improving Regulation and Regulatory Review. Relevant information moved to 340:25-5-265. |
| 340:25-5-305 Overpayment and recovery policies | Rule
Page 48 Amended to add existing language from revoked: . (f) 340:25-5-328 that CSS may collect an overpayment from another state or agency of this state without notice. · (l) 340:25-5-336 that outlines status and closure of inactive overpayment recovery cases. ITS Page 51 . Amended to direct staff to the CE Overpayment document after initial contact when the overpayments occurs with another state or entity of this state before creating an overpayment. |
| 340:25-5-328 Recovery of overpayments from other entities | Page 52
· Rule and ITS revoked and moved to 340:25-5-305 per Executive Order 13563: Improving Regulation and Regulatory Review. |
| 340:25-5-336 Inactive status and closure of overpayment recovery cases | Page 52
· Revoked per Executive Order 13563: Improving Regulation and Regulatory Review. Relevant information moved to 340:25-5-305. |
| 340:25-5-338 Purpose | Page 52
· Revoked per Executive Order 13563: Improving Regulation and Regulatory Review. Relevant information moved to 340:25-5-339. |
| 340:25-5-339 Central Case Registry | Page 53
Amended to: . Added “the purpose” from 340:25-5-338 advising the state Central Case Registry as defined in statute includes both IV-D and non IV-D cases. . Non substantive clean-up. |
| 340:25-5-340 Collection and maintenance of addresses of record | Rule
Page 53 · (d) Amended to add the process for disclosure of an address of record from revoked 340:25-5-340.1 and general clean up. ITS Page 54 · Amended to add existing instructions from revoked 340:25-5-340.1 regarding the process for release of and how to reference an address of record. |
| 340:25-5-340.1 Disclosure of address of record | Page 56
· Revoked per Executive Order 13563: Improving Regulation and Regulatory Review. Relevant information moved to 340:25-5-340.1. |
| Legislation | |
| Bill and Author | Summary of Bill |
| HB1027X | · Increases from 480 hours to 640 hours the annual leave accumulation and carryover limits for state employees with five or more years of service. |
| SB16X | · Provides six weeks of paid maternity leave to full-time state employees. To qualify for leave, an employee must have worked for the state for at least two years. |