SECTION 340:25-5-117. Initiation of Title IV-D cases

(a)   Title IV-A, Title IV-E foster care, non-TANF SoonerCare (Medicaid), and child care subsidy referrals.

(1)   Oklahoma Department of Human Services Child Support Services (CSS) automatically initiates child support cases without additional application for certified Title IV-A, Title IV-E foster care, non-Temporary Assistance for Needy Families (TANF) SoonerCare (Medicaid), and child care subsidy referrals.

(2)   A referral from the assistance programs listed in (1) of this subsection, means receipt of data that includes verified information with no errors or duplications, sufficient and appropriate for CSS to initiate a child support case.

(3)   Custodial persons (CP)s who apply for non-TANF SoonerCare (Medicaid) for themselves and their child(ren) must assign medical support rights to the state, per Section 1396k of Title 42 of the United States Code (42 U.S.C. § 1396k).

(A)   These CPs must cooperate in establishing paternity and obtaining medical support unless an exception exists, per 42 U.S.C. §§ 1396a(l)(1)(A), 1396k, or 1396r-6.

(B)   CSS must open a Title IV-D medical enforcement only case, per Oklahoma Administrative Code (OAC) 340:25-5-169. CSS may open a full-service case to provide all appropriate Title IV-D services, per OAC 340:25-1-1.2 at the CP's request.

(4)   When CSS receives a referral from the Adult and Family Services worker, per OAC 340:40-7-9, CSS must open a full-service case when any of the applicant's children in the household are certified for a child care subsidy.

(5)   When CSS receives a non-TANF SoonerCare (Medicaid) referral from the Oklahoma Health Care Authority (OHCA) in which the CP has assigned court-ordered child support or cash medical support, CSS determines when it is appropriate to open a full-service case, per OAC 340:25-5-169.

(6)   CPs who apply for non-TANF SoonerCare (Medicaid) on behalf of their child(ren) only are not required to cooperate in establishing paternity and obtaining medical support. Therefore, except when (4) of this subsection applies, CSS does not provide child support services unless the CP made a request for a full-service case or the case is for medical enforcement only.

(b)   Termination of Title IV-A, Title IV-E foster care, and non-TANF SoonerCare (Medicaid) benefits. When a family is no longer eligible for assistance under Titles IV-A, Title IV-E foster care, or SoonerCare (Medicaid) programs, all appropriate Title IV-D services continue without application, per Section 302.33 of Title 45 of the Code of Federal Regulations. Non-TANF SoonerCare (Medicaid) cases previously limited to medical support continue as full-service cases. When a CP refuses continued Title IV-D services and subsequently requests services, the CP must submit a completed and signed Form 03EN001E, Application for Child Support Services, even when CSS has an active case because of unreimbursed assistance owed to the state.

(c)   Referrals from other jurisdictions. CSS accepts cases referred:

(1)   by any state or tribal Title IV-D agency and from other countries when the noncustodial parent (NCP) resides in Oklahoma. CSS does not require an application for cases referred from another Title IV-D agency;

(2)   by interstate referrals for judgment only collections when the case was opened in the initiating state during the minority of any child on the case; or

(3)   when Oklahoma is an appropriate jurisdiction to establish, enforce, modify, or determine the controlling order, per the Uniform Interstate Family Support Act in Sections 601-101 through 601-903 of Title 43 of the Oklahoma Statutes, whether or not the NCP resides in Oklahoma.

(d)   Responses from NCPs who sign an acknowledgment of paternity form. CSS opens full-service cases for NCPs who filed Form 03PA209E, Acknowledgment of Paternity, with the Oklahoma State Department of Health, Division of Vital Records and requested child support services by completing and signing Form 03EN001E, Application for Child Support Services.

(e)   Other Title IV-D cases. Except as provided in (a), (c), and (d) of this Section, an applicant must submit a completed and signed Form 03EN001E to receive all appropriate child support services or locate only services.

(f)   Building case balances.

(1)   CSS builds case balances on new and reopened cases, per OAC 340:25-5-140.

(2)   When CSS opens a case and has information the NCP made payments in excess of the court-ordered child support order, CSS only collects the excess payment when a court has determined the amount of the excess payment and ordered that it be satisfied by offset against the monthly current child support obligation.

(g)   Good cause. When the NCP submits an application for child support services in a case previously closed for good cause for noncooperation, CSS:

(1)   reviews the case to determine if:

(A)   good cause still exists for the CP not to cooperate with CSS; and

(B)   CSS can proceed without the CP's cooperation or participation;

(2)   opens the case when good cause no longer exists;

(3)   opens the case when good cause exists, but CSS can proceed without the CP's cooperation or participation; or

(4)   closes the case when good cause still exists and CSS cannot proceed without the CP's cooperation or participation.

(h)   CSS does not open a case when the case was previously closed and the circumstances that led to the closure have not changed.

[Source: Added at 9 Ok Reg 3275, eff 6-26-92 (emergency); Added at 10 Ok Reg 1813, eff 5-13-93; Amended at 17 Ok Reg 2426, eff 7-1-00; Amended at 21 Ok Reg 1344, eff 7-1-04; Amended at 21 Ok Reg 3155, eff 7-22-04 (emergency); 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 28 Ok Reg 812, eff 7-1-11; Amended at 29 Ok Reg 765, eff 7-1-12; Amended at 34 Ok Reg 1465, eff 9-15-17; Amended at 35 Ok Reg 1632, eff 9-17-18; Amended at 37 Ok Reg 1802, eff 9-15-20]