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2022 Policy Updates

Policy Updates for Legislative Year 2022 Per Amended OAC Rules and Instructions to Staff.

Effective September 15, 2022 and Legislation Effective November 1, 2022.

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.

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
340:25-3-1 Authority and scope Page 1

·       Revoked per Executive Order 13563: Improving Regulation and Regulatory Review.

340:25-3-1.1. Definitions Page 2

·       Revoked per Executive Order 13563: Improving Regulation and Regulatory Review.

340:25-3-3. Service of process Page 2

·       Revoked and renumbered to 340:25-5-190.

340:25-3-5. Use of force Page 4

·       Revoked per Executive Order 13563: Improving Regulation and Regulatory Review.

340:25-5-67. Information disclosure [ITS Only]  Page 6

·       Add that CSS staff does not share facsimile documents with federal tax information

·       ITS 2: Requires staff to report unauthorized FTI disclosures to CSS Informational Technology (IT) Security email

·       New ITS 3: Prohibits staff from allowing individuals to bypass access control restrictions to enter areas containing federal tax information and directs staff to contact building management when an unauthorized entry occurs

·       New ITS 4: Direct staff not to print documents that contain FTI and direct staff how to dispose when FTI is accidentally printed.

·       Removes restrictive language when CSS releases information to Child Welfare Services

·       Provides direction to staff on when it is appropriate to add an attorney to a case.

·       ITS 7 – How to proceed when unable to determine if a party is represented by an attorney.

340:25-5-67.1. Family violence [ITS Only] Page 11

·       ITS 6 – Changed to mandate CSS consults with the CSS Family Violence Coordinator for clarity on how to proceed when family violence is an issue.

340:25-5-75. Authority and responsibility Page 13

·       Adds procedures for national criminal history background checks and fingerprints in order to have to access to the OKDHS and CSS networks, according to IRS Publication 1075, Title 26 of the United States Code (U.S.C.) § 6103, and 74 O.S. § 150.9.1.

ITS:

·       ITS 3 – Adds a list of favorability standards that outlines disqualifying history reveled in national background checks

·       Outlines process for CSS manager when reviewing background check results.

·       Add that background investigations include fingerprint checks by local law enforcement where the individual worked and lived for the past 5 years

·       Add that the agency pre-hire processing validates eligibility to legally work in the United States.

340:25-5-114. Procedures for determining and processing noncooperation on Temporary Assistance for Needy Families (TANF) and non-TANF SoonerCare (Medicaid) cases Page 15

·       Centralizes Good Cause determination for noncooperation in CSS non-TANF SoonerCare cases process.

ITS:

·       ITS 1/6/9 – Directs staff to follow the Centralized Good Cause Quest article for TANF and Non-TANF SoonerCare cases

·       ITS 7/8 – Removes CSS input from the TANF good cause determination process.

340:25-5-124. Assignment and transfer of cases to child support offices [ITS Only]  Page 21

·       ITS 12 – Removes obsolete transfer form

·       ITS 12 – Instructs staff to follow the Electronic Transfer Quest article when transferring cases between offices.

340:25-5-124.1. Transfer of administrative establishment case to another district child support office [ITS Only] Page 25

·       ITS 2 – Removes obsolete process for transferring paper files between offices

·       ITS 2 – Directs staff to current electronic case transfer process.

340:25-5-124.3. Assignment and management of deprived cases [ITS Only] Page 27

·       Removes reference to physical case files

·       ITS 2 – Directs staff to current electronic case transfer process.

340:25-5-124.4. Multiple case processing [ITS Only] Page 30

·       ITS 6 – Removes reference to physical case files

·       ITS 10 – Directs staff to current electronic case transfer process.

340:25-5-134. Default orders [ITS Only] Page 33

·       ITS 3 – Provides consistent process and time frames when a party does not appear for an OAH hearing.

·       ITS 3 – Provides steps prior to requesting a default order in administrative court.

·       ITS 3 – Provides guidance on how to proceed when the defaulting party is represented by an attorney.

·       ITS 4 – Adds to list of steps that CSS may enter an agreed order when a written request to reconsider a default order is received.

340:25-5-140. Past support  Page 34

·       Clarifies how to determine whether past due support is due or creates a rebuttable presumption for an NCP’s ability to pay, per 43 O.S. § 118I

o      When a payment is made during incarceration, the presumed ability to pay child support may be rebutted for that payment period.  CSS makes a final determination whether the order is abated.

o      ITS 8 – We have clarified when an NCP is in a work release program, that takes a majority of the NCP’s earnings that staff does not abate, but requests the court modify the order using actual income minus the cost of room and board.

o      ITS 8 – Continued abatement is appropriate when a payment is from a source not ongoing and regular, such as a tax intercept or payments from a relative.

·       Added “abate” and “incarceration” definitions per 43 O.S. § 118A

ITS:

·       ITS 6 – Informs staff that payment matching settlements must be approved by state’s attorney, and memorialized in a court order

·       ITS 6 – Directs that CSS staff follow the Quest Arrears Reduction Campaign Training Guide when determining settlement criteria.

340:25-5-140.1. Interest [ITS Only] Page 39

·       ITS 3 – Clarifies that interest accrues on court-ordered balances despite changes in a modification or reduced due to a judgment.

·       ITS 12 – Directs CSS staff follow the Quest Arrears Reduction Campaign Training Guide when determining settlement criteria.

340:25-5-168. Establishment of medical support [ITS Only] Page 46

·       ITS 8 – Directs staff on process when terminating cash medical for an intact family.

340:25-5-169. Establishment of medical enforcement only cases [ITS Only] Page 49

·       ITS 3 – Directs staff to remove balances when converting from a full-service to a medical enforcement only case.

340:25-5-176. Establishment of parentage [ITS Only] Page 52

·       ITS 1 – Updates most current Director’s Authorization memorandum date for genetic testing orders.

·       ITS 3 – Clarifies that CSS case files are electronic

340:25-5-178. Calculation of new and modified child support obligations Page 55

·       Removes parents’ situations when determining gross income advising staff to follow 43 O.S. § 118B to use actual income.

·       Removes references to child care subsidy calculation and DHS appendix C-4 per changes to 43 O.S. § 118G.

o      The child care subsidy copay is now the actual child care expense used in the child support computation.

·       Clarifies abatement of child support for qualified incarcerated NCPs per 43 O.S. §§ 118B and 118I. Provides process on how to proceed when an NCP is released from incarceration and the abatement period has ended.

ITS:

·       ITS 2 – Provides direction to staff on how to complete the child’s portion on the child support computation when the NCP receives Social Security Disability.

340:25-5-179.1. Establishment of support for a prior period [ITS Only]  Page 62

·       ITS 3 – Directs staff how to proceed with support for a prior period when there is a different man has been disestablished as a presumed or acknowledged or father and directs staff to policy and ITS to explain overpayment process.

340:25-5-190. Service of Process

 

Page 64

·       New rule which relocates the service of process subsection deleted from Chapter 3

·       Only new language: Introduces guidance of service by electronic means provided in Section 2005.2 of Title 12 of the Oklahoma Statutes (12 O.S. §2005.2).

ITS:

·       ITS – Relocates the service of process ITS previously deleted from Chapter 3

·       ITS 8 – Introduces new language directing staff to the Consent to Electronic Service Quest article

340:25-5-198.2. Modification Page 67

·       Amended to align incarceration policy with 43 O.S. § 118I.

340:25-5-200. Enforcement

 

Page 68

·       Adds authority for abatement of child support for incarcerated NCPs per 43 O.S. § 118I.

340:25-5-270. Intergovernmental cases

 

Page 72

·       Adds a federal form, the Nondisclosure Finding Affidavit used to help protect victims of family violence in intergovernmental cases.

o      ITS 4 – Instructs CSS staff to assist with form completion as needed and advises the customer the non-disclosure being checked on Uniform Interstate Family Support Act forms alone is not sufficient to protect victims of family violence.  This form does not require a notary or a witness.

·       The CSS Director or designee approves requests for limited services when a CP or NCP does not reside in Oklahoma.

340:25-5-285. International cases [ITS Only] Page 77

·       ITS 1 – Adds that staff follows OCSE “A Case Worker’s Guide to Processing Cases with FRC” (Foreign Reciprocating Country) when sending an outgoing intergovernmental application.

·       ITS 1 – Also, advises that CSS must translate applications and all accompanying documents into a language the FRC accepts.

340:25-5-305. Overpayment and recovery policies Page 78

·       Clarifies that CSS is not responsible for recovering overpayments on ongoing regular payments when NCP is incarcerated.

Legislation
Bill and Author Summary of Bill – all effective 11/1/22 Training Materials & Owner Implementation Needs
HB 3193, Williams ·        63 O.S. 2021, Section 1-311 is amended to add:

o      The phrase “the mother and father have agreed to the biological paternity of the child” in the paragraph about amending the birth certificate due to signed AOP.

o      This gives the mother and father equal rights and obligations to the child.  A child whose parentage has been determined as set forth shall be treated as a child of parents who were married at the time of the birth.

Liz NOTES:

CSS’s Streamlined Modification bill did not go through this year.

 

CSS’s position is that this doesn’t conflict with 10 O.S. 7800, “Except as otherwise provided by law, the mother of a child born out of wedlock has custody of the child until determined otherwise by a court of competent jurisdiction.”

 

This amendment can be interpreted that the mother is presumed to have custody and father who has been added to birth certificate because of AOP has rights to enforce visitation and/or seek custody.

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