Okla. Admin. Code § 340:25-1-1.2

Current through Vol. 41, No. 18, June 3, 2024

Section 340:25-1-1.2 - Structure and service

(a)Structure.

(1) Under Part A of Subchapter IV of Chapter 7 of Title 42 of the United States Code, every state must designate a single state agency to administer a statewide plan for child support services. Oklahoma Human Services is the designated agency in Oklahoma. Oklahoma Child Support Services (CSS) administers the plan.

(2) CSS provides services through a state office and offices throughout the state that may be administered through service agreements or contracts with district attorneys and other entities, such as Community Action Program agencies to provide legal child support services.

(3) The primary function of CSS is to provide child support services in all Title IV-A Temporary Assistance for Needy Families (TANF), Title IV-E foster care, and non-TANF SoonerCare (Medicaid) cases where eligibility is due to the absence of one or both parents, and in other cases for persons who have applied for services. CSS also provides these services in cases forwarded by:

(A) Title IV-D agencies of other states;

(B) Native American tribes; and

(C) foreign jurisdictions, as appropriate.

(4) CSS is committed to the right of all parties to have access to the justice system for the purpose of enhancing understanding and ownership of the case. In addition to the child support services CSS provides as described in this Chapter, when parties want to be heard on child support issues, regardless of whether the party's positions are contrary to the state's position and may be subject to legal defenses. CSS:

(A) provides available pro se self-help forms to request a hearing before either the Office of Administrative Hearings: Child Support (OAH) under Oklahoma Administrative Code 340:228-17.2 or the district court. OAH or the district court determine whether a hearing is granted;

(B) assists pro se customers in completing available CSS self-help forms upon request; and

(C) refers parties to community resources including, but not limited to:

(i) lawyer referral services;

(ii) community legal services;

(iii) other available self-help legal forms; and

(iv) other available informational and community resource materials.

(5) CSS complies with the standards for an effective program and the organization and staffing requirements, per Part 303 of Title 45 of the Code of Federal Regulations ( 45 C.F.R. Part 303 ).

(b)Services. CSS services include, but are not limited to:

(1) establishment of paternity, child support obligations, ongoing medical support, and ongoing child care obligations through administrative and court actions;

(2) enforcement of:

(A) child support;

(B) health insurance;

(C) fixed sums and judgments for medical support including birthing costs;

(D) fixed ongoing child care costs and judgments for child care costs; and

(E) certain spousal support obligations when due in conjunction with child support;

(3) location of noncustodial parents and their assets by establishing intrastate and interstate links with local, state, and federal agencies, private sources, and international central authorities;

(4) case reviews for modification of support orders as appropriate;

(5) collection and distribution of support payments per federal and state law; and

(6) establishment and maintenance of accounting and other records per federal and state law.

(c)Excluded services. CSS services do not include:

(1) establishment or modification of spousal support, visitation, or custody;

(2) establishment of judgment for unreimbursed medical expenses or child care costs that are not included in the fixed monthly child support obligation;

(3) enforcement of alimony in lieu of property division; and

(4) enforcement or collection of private attorney fee judgments.

(d)Limited services. CSS provides limited services :

(1) at the request of an initiating interstate Title IV-D agency or an international central authority, per Sections 601101 through 901 of Title 43 of the Oklahoma Statutes and 45 C.F.R. § 303.7. CSS provides limited services, when appropriate, even when the noncustodial parent or custodial person does not reside in Oklahoma. The CSS director or appointed designee approves requests for intergovernmental limited services not listed in 45 C.F.R. 303.7;or

(2) upon application for the establishment of paternity when the noncustodial parent is deceased.

Okla. Admin. Code § 340:25-1-1.2

Added at 17 Ok Reg 2426, eff 7-1-00; Amended at 22 Ok Reg 1221, eff 7-1-05; Amended at 23 Ok Reg 1842, eff 7-1-06; Amended at 24 Ok Reg 1301, eff 7-1-07; Amended at 25 Ok Reg 1307, eff 7-1-08; Amended at 26 Ok Reg 1245, eff 7-1-09; Amended at 29 Ok Reg 765, eff 7-1-12

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/15/2020

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023