Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 25 - Child Support Services
Subchapter 1 - Scope and Applicability
Section 340:25-1-1.2 - Structure and service
Universal Citation: OK Admin Code 340:25-1-1.2
Current through Vol. 42, No. 1, September 16, 2024
(a) Structure.
(1) Under Part A of
Subchapter IV of Chapter 7 of Title 42 of the United States Code, every state
must designate a single state agency to administer a statewide plan for child
support services. Oklahoma Human Services is the designated agency in Oklahoma.
Oklahoma Child Support Services (CSS) administers the plan.
(2) CSS provides services through a state
office and offices throughout the state that may be administered through
service agreements or contracts with district attorneys and other entities,
such as Community Action Program agencies to provide legal child support
services.
(3) The primary function
of CSS is to provide child support services in all Title IV-A Temporary
Assistance for Needy Families (TANF), Title IV-E foster care, and non-TANF
SoonerCare (Medicaid) cases where eligibility is due to the absence of one or
both parents, and in other cases for persons who have applied for services. CSS
also provides these services in cases forwarded by:
(A) Title IV-D agencies of other
states;
(B) Native American tribes;
and
(C) foreign jurisdictions, as
appropriate.
(4) CSS is
committed to the right of all parties to have access to the justice system for
the purpose of enhancing understanding and ownership of the case. In addition
to the child support services CSS provides as described in this Chapter, when
parties want to be heard on child support issues, regardless of whether the
party's positions are contrary to the state's position and may be subject to
legal defenses. CSS:
(A) provides available
pro se self-help forms to request a hearing before either the Office of
Administrative Hearings: Child Support (OAH) under Oklahoma Administrative Code
340:228-17.2 or the district court. OAH or the district court determine whether
a hearing is granted;
(B) assists
pro se customers in completing available CSS self-help forms upon request;
and
(C) refers parties to community
resources including, but not limited to:
(i)
lawyer referral services;
(ii)
community legal services;
(iii)
other available self-help legal forms; and
(iv) other available informational and
community resource materials.
(5) CSS complies with the standards for an
effective program and the organization and staffing requirements, per Part 303
of Title 45 of the Code of Federal Regulations ( 45 C.F.R. Part 303
).
(b) Services. CSS services include, but are not limited to:
(1) establishment of paternity, child support
obligations, ongoing medical support, and ongoing child care obligations
through administrative and court actions;
(2) enforcement of:
(A) child support;
(B) health insurance;
(C) fixed sums and judgments for medical
support including birthing costs;
(D) fixed ongoing child care costs and
judgments for child care costs; and
(E) certain spousal support obligations when
due in conjunction with child support;
(3) location of noncustodial parents and
their assets by establishing intrastate and interstate links with local, state,
and federal agencies, private sources, and international central
authorities;
(4) case reviews for
modification of support orders as appropriate;
(5) collection and distribution of support
payments per federal and state law; and
(6) establishment and maintenance of
accounting and other records per federal and state law.
(c) Excluded services. CSS services do not include:
(1) establishment or
modification of spousal support, visitation, or custody;
(2) establishment of judgment for
unreimbursed medical expenses or child care costs that are not included in the
fixed monthly child support obligation;
(3) enforcement of alimony in lieu of
property division; and
(4)
enforcement or collection of private attorney fee
judgments.
(d) Limited services. CSS provides limited services :
(1) at the request of an initiating
interstate Title IV-D agency or an international central authority, per
Sections 601101 through
901 of Title 43 of the Oklahoma
Statutes and 45 C.F.R.
§
303.7. CSS provides limited services,
when appropriate, even when the noncustodial parent or custodial person does
not reside in Oklahoma. The CSS director or appointed designee approves
requests for intergovernmental limited services not listed in
45 C.F.R.
303.7;or
(2) upon application for the establishment of
paternity when the noncustodial parent is deceased.
Added at 17 Ok Reg 2426, eff 7-1-00; 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 29 Ok Reg 765, eff 7-1-12
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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