SECTION 340:40-7-9. Mandatory pursuit of child support and other potential income

(a)   Mandatory referral to Child Support Services (CSS). When one or both of the child's parents are absent from the home, the client must agree to pursue child support through CSS for all children who must be included in the same household, per Oklahoma Administrative Code (OAC) 340:40-7-6 before subsidized child care benefits are approved.

(1)   When a CSS referral is required. The client is required to pursue child support for all children living in the home when one or both parents are absent, unless good cause exists per (2) or (6) of this subsection, including when:

(A)   the parent or caretaker is not requesting subsidized child care benefits for every child living in the home;

(B)   the client receives court-ordered child support;

(C)   there is a joint custody agreement and neither parent is ordered to pay support;

(D)   parental rights are terminated, except in the case of adoption, per Section 1-4-906 of Title 10A of the Oklahoma Statutes;

(E)   an additional child, whose parent is absent, is added to the household after certification; or

(F)   one or both parents leave the home after certification.

(2)   When a CSS referral is not required. The client is not required to complete child support forms when:

(A)   he or she is a foster parent to the child and the CSS referral was completed in the child's SoonerCare (Medicaid) case;

(B)   the client is an adoptive parent and provides proof of a single parent adoption;

(C)   a parent is temporarily out of the home, per OAC 340:40-7-6(c) and is considered part of the household;

(D)   a child is not required to be considered part of the household, per OAC 340:40-7-6; or

(E)   the client is a minor parent.

(3)   Required forms. The worker makes the referral to CSS by completing with the client Form 08TA001E, Absent Parent (AP) Information Sheet, for each absent parent. The client must sign Form 08TA012E, Cooperation Agreement and Request for Good Cause, per (6) of this subsection. The worker gives the Oklahoma Department of Human Services (DHS) Appendix C-16, Child Support Services and Responsibilities, to the client. The form explains CSS services and client expectations. The worker sends copies of legal documents concerning custody or child support to the appropriate CSS district office.

(4)   Oklahoma Centralized Support Registry (CSR). After approval, the client must send all future child support payments to the CSR. DHS Appendix C-16 contains the CSR address. CSR returns the child support payments to the client unless the client receives Temporary Assistance for Needy Families, per OAC 340:10-10-7.

(5)   Paternity establishment. When the worker is able to contact the alleged father, the worker asks him if he is willing to acknowledge paternity. When the alleged father agrees to acknowledge paternity, the worker gives or sends him Form 03PA209E, Acknowledgment of Paternity, to review. The worker advises him to contact CSS at the phone number on the back of the form when, after review, he is willing to sign the form.

(6)   Good cause. Good cause for refusal to cooperate in pursuing child support may be granted when cooperation is not in the child's or parent's best interest. DHS may continue to pursue child support when CSS determines child support activities may be safely conducted without the client's cooperation.

(A)   The client must sign Form 08TA012E, Cooperation Agreement and Request for Good Cause, and state if he or she wants to request good cause:

(i)   at the time of the initial application;

(ii)   at the time of an additional child request; or

(iii)   when the recipient wants to request for good cause after certification.

(B)   The worker does not deny, delay, or discontinue subsidized child care benefits pending a good cause determination when the applicant or recipient furnishes evidence or information supporting the good cause claim.

(C)   DHS determines the client has good cause for refusing to cooperate only when:

(i)   there is possible physical or emotional harm to the child;

(ii)   there is possible physical or emotional harm to the parent or caretaker;

(iii)   the child was conceived as a result of incest or forcible rape;

(iv)   legal proceedings for adoption of the child are pending before a court; or

(v)   the client is currently being assisted by an attorney or a public or licensed private social agency to decide whether to keep the child or relinquish the child for adoption.

(D)   The applicant or recipient claiming good cause is responsible for supplying documentary evidence to establish the claim or furnishing sufficient information to permit DHS to investigate the good cause claim. Uncorroborated statements of the applicant or recipient are not acceptable documentation. The evidence must be of probative value and supported by written statements to the extent possible. Acceptable documentation may include:

(i)   a birth certificate or a medical or law enforcement report that indicates the child was conceived as a result of incest or forcible rape;

(ii)   court documents or other records indicating legal adoption proceedings are pending before a court of competent jurisdiction;

(iii)   court, medical, child protective services, social services, psychological, or law enforcement records indicating the alleged father or non-custodial parent might inflict physical or emotional harm on the child or caretaker;

(iv)   medical records or a written statement from a licensed mental health professional as defined in Title 43A of the Oklahoma Statutes indicating that the parent or caretaker or the child suffered emotional harm due to the non-custodial parent's actions;

(v)   a written statement from an attorney or a public or licensed private social agency that states the applicant or recipient is being assisted to decide whether to keep the child or give the child up for adoption; and

(vi)   statements from persons other than the client with knowledge of the circumstances that provide the basis for the good cause claim, except in the case of adoption.

(E)   Upon request, the worker helps the client obtain applicable documentary evidence listed in (D)(i) through (vi) of this subsection. The client must specify the type of document or record needed and provide sufficient identifying information to make it possible for the worker to obtain the documents.

(b)   Failure to cooperate in the pursuit of child support. Failure to cooperate in pursuit of child support without good cause may be indicated at the time of application or at any time further action by the client is necessary.

(1)   Actions indicating failure to cooperate include refusals to:

(A)   identify and assist in locating a known parent;

(B)   establish paternity; or

(C)   establish, modify, or enforce a support order.

(2)   When at application the client refuses to cooperate, the worker denies the child care subsidy application.

(3)   When an applicant applies for subsidized child care and is in non-cooperation status with CSS, the applicant must verify cooperation with CSS before the worker approves subsidized child care benefits.

(4)   When, after certification, CSS informs the worker the client is not cooperating, the subsidized child care benefits remain open until the child care renewal is due. At renewal, the worker reviews the client's cooperation with CSS. When the client is not cooperating, further care is not approved.

(c)   Cooperation with CSS following denial or closure of the subsidized child care benefits. The client must verify that he or she is cooperating with CSS before the worker approves subsidized child care benefits following a denial or closure based on non-cooperation with CSS.

(1)   When the client cooperates with CSS and notifies the worker of the cooperation within 30-calendar days of the:

(A)   denial of subsidized child care benefits, the client is not required to file a new application before benefits may be approved; or

(B)   closure of the subsidized child care benefits, the worker reopens the benefits back to the closure date.

(2)   When the client does not cooperate with CSS or cooperates, but waits to inform the worker of the cooperation for more than 30-calendar days from the denial or closure date, the client must complete a new application before care is approved. The earliest date subsidized child care benefits may be approved is the date the client completes a child care interview and provides all necessary verification, per OAC 340:40-3-1.

(d)   Exploration and development of potential income other than child support. The worker explores potential sources of income, such as Social Security benefits, Supplemental Security Income (SSI), unemployment benefits, veteran's benefits, and increased wages with the client at the time of application and each renewal for all members of the household whose income must be considered, per OAC 340:40-7-6. The client must apply for, or continue to pursue, all potential sources of income for which it appears likely he or she may be eligible, except for SSI before the next child care renewal is due. The client is encouraged, but not required, to apply for SSI when the client indicates a household member has a disability.

(1)   When the client refuses to pursue available income at the time of request, the worker denies the child care request.

(2)   When the client agrees to pursue all potential income and fails to do so within the 12-month eligibility period, further care is not approved at renewal.

(3)   When the client is approved for the potential income or offered a pay raise within the 12-month eligibility period and refuses to accept it, further care is not approved at renewal.

(4)   When the client's rate of pay or number of hours worked decreases, the worker explores why the decrease occurred. When the client requested the decrease to avoid a family share copayment increase or to maintain eligibility, the worker closes the subsidized child care benefits at renewal.

(5)   At each renewal, the worker determines whether the client continues to pursue potential income.

(A)   When the client begins receiving previously identified potential income, the worker adds the income to the case although the system does not decrease the benefit until renewal.

(B)   When the client was not approved for the income, the client must verify this. The worker records in the case record the verification provided and stops exploring this potential income with the client.

(C)   When the client stops pursuing potential income and was not determined ineligible for the income, further care is not approved at renewal.

(6)   When the client's subsidized child care benefits close at renewal because of failure to pursue potential income, the client must verify receipt or pursuit of such income or that such income is no longer potentially available before child care may be approved.

(A)   When the client verifies cooperation within 30-calendar days of the closure of subsidized child care benefits, the worker may reopen the benefits back to the date they were closed without imposing a penalty.

(B)   When the client does not cooperate or waits to verify cooperation for more than 30-calendar days from the date the subsidized child care benefits close, the client must complete a new application before care is approved. The earliest date subsidized child care benefits may be approved is the date the client completes a child care interview and provides all necessary verification, per OAC 340:40-3-1.

[Source: Added at 17 Ok Reg 25, eff 10-1-99 (emergency); Added at 17 Ok Reg 1244, eff 6-1-00; Amended at 20 Ok Reg 2048, eff 7-1-03; Amended at 21 Ok Reg 3159, eff 9-1-04 (emergency); Amended at 22 Ok Reg 61, eff 9-1-04 (emergency); Amended at 22 Ok Reg 796, eff 5-12-05; Amended at 23 Ok Reg 1872, eff 7-1-06; Amended at 25 Ok Reg 920, eff 6-1-08; Amended at 26 Ok Reg 820, eff 6-1-09; Amended at 27 Ok Reg 1220, eff 6-1-10; Amended at 28 Ok Reg 831, eff 6-1-11; Amended at 32 Ok Reg 1875, eff 10-1-15; Amended at 34 Ok Reg 58, eff 10-1-16 (emergency); Amended at 34 Ok Reg 1481, eff 10-1-17; Amended at 37 Ok Reg 1813, eff 9-15-20]