OKDHS - OAC 340:10-10-5. Requirement for assignment of support rights and cooperation

340:10-10-5. Requirement for assignment of support rights and cooperation

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Revised 7-1-10

(a) As a condition of eligibility, when the reason for deprivation is absence, each applicant or recipient of Temporary Assistance for Needy Families (TANF) must assign to the Oklahoma Department of Human Services (OKDHS) any support rights, including cash medical, that is pending or continuing for any family member included in the assistance unit. This assignment excludes amounts ordered for past due or judgment amounts for persons who have never received TANF prior to this application. For persons who have previously received TANF, the assignment includes past due or judgment amounts previously assigned to OKDHS for the period of time the applicant received TANF. Failure to assign support rights makes the assistance unit ineligible for TANF.

(b) As a condition of eligibility for TANF, each applicant or recipient must cooperate with OKDHS in obtaining support for each child of the individual. Failure of the applicant or recipient to cooperate without good cause may be indicated either during the intake interview or at any time further action by the recipient is necessary. • 1

(c) If the applicant or recipient refuses to cooperate with OKDHS without good cause, the cash assistance must be reduced by 25% of the TANF payment standard the next effective date. • 2

(d) The Oklahoma Child Support Services (OCSS) district office makes the determination that an individual is not cooperating in establishing paternity or in establishing, modifying, or enforcing a support order as required by Section 454(29) of the Social Security Act. • 3 Non-cooperation is indicated by:

(1) failure to appear at a OCSS district office to provide information or evidence relevant to the case;
(2) refusal to complete and sign documents necessary to take legal action against the absent parent(s) when requested to do so by the OCSS district office;
(3) failure to comply with an order for genetic testing for the individual and the appropriate child to determine paternity;
(4) failure to appear as a witness at an administrative or district court hearing or other proceeding when cooperation is essential for the next step in providing child support services;
(5) failure to provide information, or attest to lack of information, under penalty of perjury;
(6) failure to forward to OCSS all child support payments received from the absent parent(s) after receiving the initial TANF benefit;
(7) refusal to make a repayment agreement or to comply with a repayment plan when child support payments are retained; and
(8) failure to notify OCSS of the pursuit of private legal action affecting the status or amount of a support obligation.

(e) When OCSS determines the individual is cooperating, the worker is notified and the 25% penalty is removed the next effective date. • 4

INSTRUCTIONS TO STAFF 340:10-10-5

Revised 7-1-10

1. If the worker becomes aware of a client's apparent non-cooperation, the worker notifies the local Oklahoma Child Support Services (OCSS) district office.

2. (a) The 25% penalty only applies if the applicant or recipient is the natural or adoptive parent of the child(ren). The 25% penalty applies to adult only cases when the child(ren) is receiving State Supplemental Payment (SSP) and/or Supplemental Security Income (SSI). If the adult is receiving SSP and/or SSI, and fails to cooperate with OCSS, the 25% penalty is coded on the child(ren) in the Temporary Assistance for Needy Families (TANF) benefit.

(b) OAC 317:35-5-7 states the TANF applicant or recipient is not included in the health benefit if good cause has not been determined by OCSS. The worker updates the Family Assistance/Client Services (FACS) Household tab for the SoonerCare (Medicaid) benefit to show "Income and resources are considered. Not included in the benefit." This does not apply to an applicant or recipient who is receiving pregnancy related services or is under age 19. When good cause has been approved and the applicant or recipient who has been removed from the SoonerCare (Medicaid) benefit agrees to cooperate, the worker updates the FACS Household tab for the SoonerCare (Medicaid) benefit to show "Added to the benefit."

3. Refer to OAC 340:25-5-114.

4. Refer to OAC 340:10-3-57(g).

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