SECTION 340:25-5-286. Tribal case referrals and transfers

(a)   Legal basis. When referring to or processing cases from a comprehensive tribal Title IV-D agency (tribal program), Oklahoma Department of Human Services Child Support Services (CSS) is governed by:

(1)   Section 1738B of Title 28 of the United State Code (28 U.S.C. § 1738B) and 42 U.S.C. §§ 654, 659A, and 666;

(2)   Part 302.36 of Title 45 of the Code of Federal Regulations (45 C.F.R. § 302.36) and 45 C.F.R. § 303.7;

(3)   the Uniform Interstate Family Support Act per Sections 601-101 through 601-903 of Title 43 of the Oklahoma Statutes (43 O.S. §§ 601-101 through 601-903); and

(4)   56 O.S. § 240.9.

(b)   Scope. Tribal programs provide child support services under applicable federal law and are governed by relevant tribal law as to their administrative processes and the jurisdiction of the tribal courts.

(c)   Intergovernmental case referrals. CSS and tribal programs request assistance from each other by referring cases for full or limited services.

(1)   Outgoing referrals. CSS may initiate an outgoing intergovernmental referral to a tribal program when CSS determines the noncustodial parent is within the tribal program's jurisdiction and it is not appropriate for CSS to use its one-state remedies to establish paternity or establish, modify, or enforce a support order in accordance with 45 C.F.R. 303.7 (c)(3 & 4). A separate case is maintained by CSS when an outgoing intergovernmental referral is sent to a tribal program.

(2)   Incoming referrals. CSS accepts a referral from a tribal program in accordance with 45 C.F.R. § 303.7.

(d)   Program of choice and case transfer. When an applicant on an existing CSS case completes a tribal program application that includes a request that CSS close its case, CSS may accept that as a request for transfer of its case to the tribal program and for closure of the CSS case. CSS refers the case for limited services and does not close its case, when:

(1)   state services are being provided or if there is unpaid assigned support;

(2)   there is an active deprived or delinquent state juvenile court case; or

(3)   there is a pending paternity, establishment, or modification action filed with the court by CSS and the non-applicant was served, unless the pending action is withdrawn or dismissed.

(e)   Registration of tribal child support orders. CSS registers tribal child support orders in state courts per 28 U.S.C. § 1738B.

[Source: Amended and renumbered from 340:25-5-124.2 at 33 Ok Reg 1592, eff 9-15-16]