SECTION 340:10-10-5. Requirement for assignment of support rights and cooperation

(a)   As a condition of eligibility, when the reason for deprivation is absence, each applicant or recipient of Temporary Assistance for Needy Families (TANF) must assign to the Oklahoma Department of Human Services (OKDHS) any support rights, including cash medical, that is pending or continuing for any family member included in the assistance unit. This assignment excludes amounts ordered for past due or judgment amounts for persons who have never received TANF prior to this application. For persons who have previously received TANF, the assignment includes past due or judgment amounts previously assigned to OKDHS for the period of time the applicant received TANF. Failure to assign support rights makes the assistance unit ineligible for TANF.

(b)   As a condition of eligibility for TANF, each applicant or recipient must cooperate with OKDHS in obtaining support for each child of the individual. Failure of the applicant or recipient to cooperate without good cause may be indicated either during the intake interview or at any time further action by the recipient is necessary.

(c)   If the applicant or recipient refuses to cooperate with OKDHS without good cause, the cash assistance must be reduced by 25% of the TANF payment standard the next effective date.

(d)   The Oklahoma Child Support Services (OCSS) district office makes the determination that an individual is not cooperating in establishing paternity or in establishing, modifying, or enforcing a support order as required by Section 454(29) of the Social Security Act. Non-cooperation is indicated by:

(1)   failure to appear at a OCSS district office to provide information or evidence relevant to the case;

(2)   refusal to complete and sign documents necessary to take legal action against the absent parent(s) when requested to do so by the OCSS district office;

(3)   failure to comply with an order for genetic testing for the individual and the appropriate child to determine paternity;

(4)   failure to appear as a witness at an administrative or district court hearing or other proceeding when cooperation is essential for the next step in providing child support services;

(5)   failure to provide information, or attest to lack of information, under penalty of perjury;

(6)   failure to forward to OCSS all child support payments received from the absent parent(s) after receiving the initial TANF benefit;

(7)   refusal to make a repayment agreement or to comply with a repayment plan when child support payments are retained; and

(8)   failure to notify OCSS of the pursuit of private legal action affecting the status or amount of a support obligation.

(e)   When OCSS determines the individual is cooperating, the worker is notified and the 25% penalty is removed the next effective date.

[Source: Added at 17 Ok Reg 444, eff 11-1-99 (emergency); Added at 17 Ok Reg 2075, eff 7-1-00; Amended at 20 Ok Reg 6, eff 1-03-; Amended at 22 Ok Reg 764, eff 5-12-05; Amended at 27 Ok Reg 1860, eff 7-1-10]