Revised 7-1-08
1. (a) See OAC 340:10-10-5 and 340:10-10-7. OAC 340:10-10-5(a) requires, as a condition of eligibility for Temporary Assistance for Needy Families (TANF), applicants or recipients who are parents of the child(ren) in their custody to cooperate with the Oklahoma Department of Human Services (OKDHS) to receive services. Custodial persons who are parents of the child(ren) receiving TANF benefits must cooperate with the Child Support Enforcement Division (CSED) in child support enforcement services. Other custodial persons receiving TANF benefits who are not parents of the child(ren), such as grandparents, aunts, or unrelated persons, are not subject to this requirement.
(b) Child support staff update the cooperation block on the CSED Custodial Person Data Update (CCPU) screen of the automated Oklahoma Support Information System to 'O' and notify Family Support Services (FSS) staff when a custodial person is not cooperating with CSED. If the custodial person resumes cooperation with CSED, that is, has taken specific action to cooperate, child support staff change the cooperation block on the CCPU screen to 'Y'. Child support staff do not consider the custodial person's statement of willingness to complete the requested action as fulfilling the requirement to cooperate.
(c) If the custodial person is noncooperative but cooperation is not essential for the next step in providing child support enforcement services, child support staff do not report noncooperation to FSS staff. For example, if the custodial person failed to appear at a child support hearing but the court entered a child support order, child support staff change the cooperation block on the CCPU screen to 'Y' since the custodial person's cooperation was not essential in obtaining the child support order.
(d) When CSED receives returned mail or is aware that the custodial person is not at the address used by FSS, child support staff do not report the custodial person as noncooperative. Instead, child support staff e-mail the FSS worker. The FSS worker is responsible for sending Form 08AD092E, Client Contact and Information Request, to the custodial person and terminating TANF or Medicaid benefits if the custodial person fails to contact the FSS worker with a current address. If the TANF or Medicaid case is closed, child support staff may close the child support case under Section 303.11(b)(10) of Title 45 of the Code of Federal Regulations.
(e) When noncooperation with CSED is determined, FSS staff in the county office local human services center (HSC) reduce the family's cash assistance by 25 percent of the TANF payment standard under OAC 340:10-10-5. The penalty for noncooperation with CSED by a custodial person who is receiving non‑TANF Medicaid benefits is the removal of the custodial person's Medicaid benefits from the case. There is no penalty for noncooperation with CSED on child‑only non-TANF Medicaid cases as there are no adults included in the case.
(f) CSED may pursue legal remedies, such as contempt citations, bench warrants, license revocations, and body attachments, to compel cooperation of custodial persons, both related and unrelated. Legal remedies such as these are the only means available to CSED to obtain the cooperation of:
(1) unrelated custodial persons, as their TANF payments are not reduced; and
(2) custodial persons in child-only non-TANF Medicaid cases, as they are not included in the case.
2. Retaining private counsel or other services for support collection purposes is not in and of itself justification for a noncooperation referral.
3. (a) If child support staff have reason to believe the custodial person has good cause for noncooperation with CSED, the staff refer the custodial person to OKDHS FSS staff in the county office local HSC for a good cause determination under OAC 340:10-10-6.
(b) The Instructions to Staff for OAC OAC 340:10-10-6 explain the process FSS uses for determining good cause for noncooperation with CSED after considering CSED's recommendation on Form 08TA009E, Good Cause Report.