Okla. Admin. Code § 340:25-5-114

Current through Vol. 42, No. 4, November 1, 2024

Section 340:25-5-114 - Procedures for determining and processing noncooperation

(a)Authority for cooperation of custodial persons (CP). The CPmust cooperate with the Oklahoma Human Services (OKDHS) Child Support Services (CSS) program in establishing paternity or in establishing, modifying, or enforcing a support order per Section 654 of Title 42 of the United States Code (42 U.S.C. § 654) and Sections 264.30 and 303.11 of Title 45 of the Code of Federal Regulations (45 C.F.R. §§ 264.30 and 303.11) . A CP:

(1) receiving Temporary Assistance for Needy Families (TANF) must assign rights to support to OKDHS per 42 U.S.C. § 608;

(2) receiving non-TANF SoonerCare (Medicaid) benefits for minor child(ren) must assign medical support rights to the Oklahoma Health Care Authority (OHCA) per 42 C.F.R. § 433.146; or

(3) not receiving public assistance is subject to case closure

(b)Noncooperation of CP. When a CP fails to cooperate, CSS reviews the case to determine noncooperation. When CSS determines noncooperation in a TANF case, CSS notifies Adult and Family Services (AFS) staff in the appropriate OKDHS county office. AFS staff updates the computer document for noncooperation with CSS and a computer-generated notice per Oklahoma Administrative Code (OAC) 340:65-5-1 is sent advising the recipient of any decrease in benefits due to noncooperation.

(1) For CSS to make a noncooperation determination the cooperation must be essential for the next step in providing child support services.

(2) Noncooperation is indicated when the CP:

(A) fails to participate in a scheduled CSS conference or meeting.;

(B) refuses to complete and sign documents necessary to take legal action against the noncustodial parent(s) (NCP) when requested to do so by CSS;

(C) fails to comply with an order to submit oneself or the child(ren) to genetic testing to determine paternity;

(D) fails to appear as a witness at an administrative, district court hearing, or other proceeding;

(E) fails to provide information or attest to lack of information under penalty of perjury;

(F) fails to forward to CSS all child support payments received from the NCPs or those received from entities other than the Centralized Support Registry;

(G) pursues private legal action affecting paternity, child support, medical support, or child care or authorizes payments made other than through the Centralized Support Registry without giving CSS notice, and fails to keep CSS informed of the case status; or

(H) engages in ongoing conduct detrimental to CSS enforcement efforts.

(3) OKDHS AFS staff determines in TANF cases when good cause for noncooperation with CSS exists per OAC 340:10-10-6.

(c)Noncooperation of CP on non-TANF SoonerCare (Medicaid) cases. When CSS receives an OHCA referral on a non-TANF or existing case update with a pending good cause indicator, CSS centralized good cause staff determines when good cause exists for noncooperation per OAC 317:35-5-7.

(d)Noncooperation in private cases. When CSS determines noncooperation in a non-TANF case, CSS closes the case per 45 C.F.R. § 303.11.

(e)Services after noncooperation closure. CSS requires a new application to reopen a case closed for noncooperation. The applicant for services must agree to cooperate with CSS.

Okla. Admin. Code § 340:25-5-114

Added at 9 Ok Reg 3275, eff 6-26-92 (emergency); Added at 10 Ok Reg 1813, eff 5-13-93 ; Amended at 15 Ok Reg 159, eff 11-1-97 (emergency); Amended at 15 Ok Reg 1614, eff 5-11-98 ; Amended at 17 Ok Reg 2426, eff 7-1-00 ; Amended at 20 Ok Reg 1240, eff 7-1-03 ; 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 28 Ok Reg 812, eff 7-1-11 ; Amended at 30 Ok Reg 645, eff 7-1-13

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022

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