Okla. Admin. Code § 340:25-5-123

Current through Vol. 42, No. 7, December 16, 2024

Section 340:25-5-123 - Case closure system

(a) Oklahoma Human Services OKDHS Child Support Services (CSS) closes cases eligible for closure per Section 303.11 of Title 45 of the Code of Federal Regulations (45 C.F.R. § 303.11) .

(b) A child support case may not be closed when there is a pending paternity, establishment, or modification action CSS filed with the court and the non-applicant has been served, unless the pending action is withdrawn or dismissed at the discretion of the CSS state's attorney.

(c) A child support case may be closed when any of the criteria in (1) and (2) of this subsection applies.

(1) There is no current support order and arrears are unenforceable. Arrears are determined to be unenforceable when:

(A) there has been no collection during the past year; and

(B) the noncustodial parent (NCP) has no known or prospective income or assets.

(2) The NCP's sole income is from Supplemental Security Income (SSI) or a combination of SSI and Social Security Disability Insurance, or Social Security Retirement.

(d) A child support case may be closed when the:

(1) case was referred to CSS by an assistance program, per Oklahoma Administrative Code (OAC) 340:25-5-117 and the:

(A) referral is inappropriate to establish or enforce a child support order; and

(B) custodial person (CP) or NCP has not applied for services with CSS;

(2) CP receives non-TANF Sooner Care (Medicaid) child only benefits and the case is received from the Oklahoma Health Care Authority as a referral, but CSS learns the CP desires to decline child support services and no service of process is initiated on a legal action filed by CSS to establish or enforce the child support order, including the medical support portion; or

(3) CP:

(A) cannot be located per 45 C.F.R. § 303.11(b)(15);or

(B) fails to cooperate and an action by the CP is essential for the next step in providing child support services per 45 C.F.R. § 303.11(b)(16).

(e) The case applicant requests that a child support case be closed by submitting CSS Form 03GN542E, Case Closure Application - Child Support Services. When a case closure application is received, CSS staff determines if the case meets federal case closure criteria per 45 C.F.R. § 303.11.

(f) When CSS staff closes a case, CSS:

(1) terminates the Order/Notice to Withhold Income for Child Support with the employer per OAC 340:25-5-201.1;

(2) resolves enforcement actions filed and CSS processes that are specific to the case being closed;

(3) reviews the Family Violence Indicator per OAC 340:25-5-67.1;

(4) removes case balances; and

(5) documents the date and amounts removed on the Oklahoma Support Information System Case Log (CSLOG) screen.

(g) Per 45 C.F.R. § 302.33 when Title IV-A Temporary Assistance for Needy Families (TANF), Title IV-E foster care, and non-TANF SoonerCare (Medicaid) services are discontinued, CSS notifies the recipient that CSS maintains a full-service child support case, unless the CP declines services in writing. When the CP declines services in writing, CSS closes the case. When the CP fails to respond, CSS maintains a full-service child support case.

Okla. Admin. Code § 340:25-5-123

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 20 Ok Reg 1240, eff 7-1-03 ; 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 411, eff 12-15-08 (emergency); 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 30 Ok Reg 645, eff 7-1-13

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/15/2015

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023