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340:25-5-117. Initiation of IV-D cases
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Revised 7-1-09

 

(a) IV-A, IV-E foster care, non-TANF SoonerCare (Medicaid), and child care subsidy referrals.

  • (1) Oklahoma Child Support Services (OCSS) automatically initiates child support cases without additional application for certified IV-A, IV-E foster care, non-TANF (Temporary Assistance for Needy Families) SoonerCare (Medicaid), and child care subsidy referrals.
  • (2) Custodial persons who apply for non-TANF SoonerCare (Medicaid) on behalf of themselves and their child(ren) must assign medical support rights to the state under Section 1396k of Title 42 of the United States Code.
    • (A) These custodial persons must cooperate in establishing paternity and obtaining medical support unless an exception exists under Sections 1396a(l)(1)(A), 1396k, or 1396r‑6 of Title 42 of the United States Code.  • 1
    • (B) OCSS must open a IV-D medical enforcement only case as described in OAC 340:25-5-169.  OCSS may open a full-service case to provide all appropriate IV‑D services as described in OAC 340:25-1-1.2 at the custodial person's request.  • 2
  • (3) When OCSS receives a referral from the Family Support Services (FSS) worker, OCSS must open a full-service case if any child in the household is certified for a child care subsidy under OAC 340:40-7-9.  • 3
  • (4) When OCSS receives a non-TANF SoonerCare (Medicaid) referral from the FSS worker in which assigned court-ordered child support is owed, OCSS must open a full-service case under OAC 340:25-5-169.
  • (5) Custodial persons 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 (a)(3) of this Section applies, OCSS does not provide child support services unless the custodial person has made a request for a full‑service case or the case is for medical enforcement only.  • 2

(b) Termination of IV-A, IV-E foster care, and non-TANF SoonerCare (Medicaid) benefits.  When a family is no longer eligible for assistance under IV-A, IV-E foster care, or SoonerCare (Medicaid) programs, all appropriate IV-D services continue without application under 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.  If a custodial person refuses continued IV-D services and subsequently requests services, the person must submit a completed and signed Form 03EN001E, Application for Child Support Services, even if OCSS has an active case because of unreimbursed assistance owed to the state.

(c) Referrals from other jurisdictions.  OCSS accepts cases referred:

  • (1) by any state or tribal IV-D agency and from other countries when the noncustodial parent resides in Oklahoma. OCSS does not require an application for cases referred from another IV-D agency;
  • (2) by interstate referrals for judgment only collections if the case was opened in the initiating state during the minority of any child on the case; and
  • (3) when Oklahoma is an appropriate jurisdiction to establish, enforce, modify, or determine the controlling order under the Uniform Interstate Family Support Act in Sections 601-101 through 601-901 of Title 43 of the Oklahoma Statutes, whether or not the noncustodial parent resides in Oklahoma.

(d) Responses from noncustodial parents who sign an acknowledgment of paternity.  OCSS opens full-service cases for noncustodial parents who have filed Form 03PA209E, Acknowledgment of Paternity, with the Oklahoma State Department of Health, Division of Vital Records, and requested child support services in response to outreach letters sent to them as described in OAC 340:25‑5‑110.1.

(e) Other 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 to receive locate only services.

 

INSTRUCTIONS TO STAFF 340:25-5-117

Revised 7-1-09

 

1.  The exceptions to the cooperation requirement include:

(1) SoonerCare (Medicaid) eligible pregnant women during their pregnancy and postpartum period;

(2) persons receiving continued medical benefits;

(3) persons receiving family planning services only; and

(4) persons with good cause.

2.  When initiating child support cases on non-TANF (Temporary Assistance for Needy Families) SoonerCare (Medicaid) referrals, child support staff follow the:

(1) Child Support Manual, Volume 2 - Case Initiation and Case Closure, Case Initiation chapter for information on the application process and building the case on the Oklahoma Support Information System.  Child support staff access the Child Support Manual on the OCSS InfoNet;

(2) Child Support Manual, Volume 6 - Medical Support, Medical Support chapter for information on medical support; and

(3) federal Office of Child Support Enforcement (OCSE) Dear Colleague Letter DCL-00-122, Health Care Financing Administration Letter to State Medicaid Directors, available from the OCSE Web site at http://www.acf.dhhs.gov/programs/cse/pol/DCL/2000/dcl-00-122.htm.

3.   As long as at least one child in the household receives a child care subsidy, child support staff open a full-service case even if the referral was received for a child who is not receiving a child care subsidy.  When at least one child in the household receives a child care subsidy, the custodial person must pursue child support for all children in the household with at least one parent absent regardless of whether those children receive a child care subsidy.



Last Updated:  7/2/2009
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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