Current through Vol. 42, No. 1, September 16, 2024
(a) Title
IV-A, Title IV-E foster care, and non-Temporary Assistance for Needy Families
(TANF) SoonerCare (Medicaid).
(1) Oklahoma
Human Services Child Support Services (CSS) automatically initiates child
support cases without additional application for certified Title IV-A, Title
IV-E foster care, and TANF SoonerCare (Medicaid).
(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) When either the custodial person (CP) or
non-custodial parent (NCP) applies for non-TANF SoonerCare (Medicaid) for
themselves and their child(ren), he or she 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 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.
(5) 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 non-TANF 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 NCPresides 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)
opens the case when good cause no longer exists;
(2) opens the case when family violence may
still exist and the CP gives permission; or
(3) declines to reopen when good cause still
exists.
(h) CSS does not
open a case when the case was previously closed and the circumstances that led
to the closure have not changed.
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
