OKDHS - OAC 340:25-5-124. Assignment and transfer of cases to child support offices

340:25-5-124. Assignment and transfer of cases to child support offices

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Revised 7-1-09

In assigning cases to child support offices, Oklahoma Child Support Services (OCSS) considers whether the case is eligible for assignment to one of the tribal programs under OAC 340:25-5-124.2. OCSS treats an order registered in Oklahoma under Sections 601-601 through 601-614 of Title 43 of the Oklahoma Statutes as an Oklahoma order for purposes of OAC 340:25-5-124(1) and (2). If the case is not assigned to one of the tribal programs, OCSS assigns cases under this Section.

(1) Oklahoma child support cases are assigned to a district office serving the county where a prior Family and Domestic district court case exists involving the parents and child(ren), regardless of whether or not a child support order was entered as to either parent. If there is a guardianship order in effect, the case is assigned to the district office serving the county in which the guardianship action was filed. The district office proceeds to:
- (A) petition the guardianship court to defer jurisdiction of child support to OCSS. The case then follows regular case assignment rules;
- (B) petition the guardianship court to defer jurisdiction of child support to a pre-existing Family and Domestic court case involving the parents and child(ren) to enforce an existing child support order or establish a child support order. The case is assigned to the district office serving the county with the existing Family and Domestic court order; or
- (C) petition the guardianship court to establish a child support order. The case is assigned to the district office serving the county of the guardianship. • 1
(2) Child support orders from another state, or federal or tribal child support orders are assigned to a district office serving the county in which the order is registered under Sections 601-601 through 601-614 of Title 43 of the Oklahoma Statutes. If there are multiple Oklahoma support orders, cases are assigned to a district office serving the county where the presumed controlling order for current child support was entered or docketed in district court.
(3) Cases are assigned to a district office serving the county where the custodian of the child(ren) resides when there is:
- (A) no Oklahoma child support order and there is no prior Family and Domestic district court case on file;
- (B) a federal or tribal child support order; or
- (C) a child support order from another state. • 2
(4) When the applicant for child support services is the noncustodial parent and the location of the custodial person and child is unknown and there is no prior paternity or child support order established, cases are assigned to the office responsible for the county in which the noncustodial parent resides until the custodial person and child are located.
(5) Except in cases where a child support order is registered in Oklahoma, if the custodian of the child(ren) does not reside in Oklahoma, cases are assigned to the district office serving the county where the noncustodial parent or alleged father resides.
(6) When there is no Oklahoma order and no party resides in Oklahoma, cases are assigned to the district office serving the county with significant contacts with the case. When more than one county has significant contacts with the case, the case is assigned to the district office having the most recent significant contact. • 3
(7) OCSS does not transfer cases docketed or registered under Sections 601-601 through 601-614 of Title 43 of the Oklahoma Statutes in district court because the custodial person or noncustodial parent moves to a county outside of the original district office's service area.
(8) OCSS does not transfer cases because the custodial person files a contempt action in a county outside of the original district office’s service area. • 4
(9) OCSS reassigns a case to another district office to avoid a conflict of interest under OAC 340:2-1-8. • 5

INSTRUCTIONS TO STAFF 340:25-5-124

Revised 7-1-09

1.   Prior Family and Domestic district court case.

(1) When there is a Family and Domestic district court case involving the same parents [Absent Parent/Biological Parent (AP/BP)] and there is a subsequent child born, the case is assigned to that district office.

(2) When there is a third party custodian and there is a prior Family and Domestic district court case involving the same parents (AP/BP), the case is assigned to the district office responsible for the county in which the prior Family and Domestic district court case was filed, regardless of the county of residence of the current custodian.

(3) When there is a prior Family and Domestic district court case involving other children of the same parents, an action to establish paternity and/or support of an additional child of the same parents born during the marriage but omitted from the prior order, the case is assigned to the district office responsible for the county in which the prior Family and Domestic action was filed.

(4) When the district office dockets an administrative child support order in a Family and Domestic district court case but the individual parties subsequently file a new Family and Domestic district court case which addresses child support in addition to custody, visitation, and/or property settlement, the case is transferred to the district office responsible for the new case.

2.   Case assigned to district office.

(1) When the custodial person is receiving public assistance and there is a question about where the custodial person resides, child support staff assign the case to the district office serving the county in which the custodial person is receiving any type of public assistance, such as Temporary Assistance for Needy Families, SoonerCare (Medicaid), Supplemental Nutrition Assistance Program benefits, or Child Care Subsidy.

(2) When the custodial person is not receiving public assistance, child support staff assign the case to the district office serving the county of the custodial person's finding address even if the custodial person's address of record is in another county. When the custodial person indicates the finding address is confidential due to family violence issues, staff assign the case to the district office serving the county of the custodial person’s address of record.

3.   Significant contact.

(1) A county may have significant contact with a case under this section if the county is the location where:

(A) the noncustodial parent's employer does business;

(B) a child, parent, or custodial person formerly resided;

(C) the child was conceived; or

(D) the noncustodial parent owns property;

(2) When more than one district office has significant contact with the case and the heads of the district offices involved in the case transfer cannot reach an agreement, they must contact Oklahoma Child Support Services (OCSS) Center for Coordinated Programs, who will resolve the disagreement with the concurrence of the OCSS director.

4.  Child support staff work together when a contempt action is filed in a county other than the original district office’s service area. State’s attorneys in the district office where the contempt is filed make appearances on behalf of the assigned district office without transferring the case.

5.   Conflict of interest.

(1) To avoid conflict of interest, child support staff:

(A) do not access or work their own case files or those of a relative as defined in OAC 340:2-1-8;

(B) follow the process described in the "Case Files of Employees and Relatives" section of the Child Support Manual, Volume 1 - Administrative, Office Manual chapter on the OCSS InfoNet; and

(C) refer to OAC 340:2-1-8 for further information on conflicts of interest and guidance on OKDHS policy on employee prohibitions.

(2) When a potential conflict of interest arises:

(A) child support attorneys, managers, supervisors, and workers promptly report the circumstances to the head of the district office, who reviews the case to make a determination; and

(B) the head of the district office takes appropriate steps to reassign the case, if conflict of interest exists, as described in (3) of this Instruction to avoid the appearance of impropriety and ensure that customer services are unaffected.

(3) A conflict of interest exists when:

(A) the custodial person, noncustodial parent, or other case participant or party to a case, under OAC 340:2-1-8, is:

(i) a staff member of the assigned district office;

(ii) related to a staff member; or

(iii) residing in the staff member's home;

(B) a child support staff member assigned to a case and a case participant or party have a legal conflict, and there is no agreement that OCSS can be fair and impartial without adversely affecting the case participant or other party under Oklahoma Rules of Professional Conduct 1.7, 1.8, and 1.9; or

(C) the relationship between a child support staff member and a case participant or other party adversely affects the delivery of services.

(4) A conflict of interest does not ordinarily exist when:

(A) the employee conducts business with a case participant or other party on a casual basis. For example, a child support staff member frequents a business where the case participant or other party works;

(B) the child support staff member and the case participant or other party are involved in the same non-business activities, but only occasionally interact, for example, both attend the same church; or

(C) the case participant is unsatisfied with OCSS procedures. OAC 340:25-1-5.1 provides OCSS customers an opportunity to raise concerns about services or treatment received.

(5) When there is a conflict of interest, the head of the district office transfers the case to another district office in the same geographical area. For example, the Lawton and Chickasha/Duncan offices are neighbors and therefore transfer conflict of interest cases among themselves. McAlester and Okmulgee are 53 miles apart and would likely partner on conflict of interest cases.

(A) If the heads of the two district offices involved in the case transfer cannot reach an agreement that a case qualifies as a conflict of interest case, they must contact the OCSS Office of Policy and Research, who will resolve the disagreement with the concurrence of the OCSS director.

(B) When an office has too many conflict cases to transfer to only one office, they may be distributed to several offices.

(6) Under OAC 340:2-28-26, cases with an Office of Administrative Hearings: Child Support (OAH) number that are transferred to another district office require an OAH Transfer Order before they are sent to another district office in the area.

(A) Child Support staff document the circumstances of the conflict of interest on the automated Oklahoma Support Information System Case Log Add (CSLOGA) screen. The receiving district office informs the applicant of the transfer by letter.

(B) If the conflict ceases to exist, the receiving office verifies the conflict no longer exists before returning the case to the sending district office, and documents the case transfer on CSLOGA.

(7) Prior to transfer, child support staff complete all court actions and organize and secure case files. Child support staff use Form 03AD002E, File Transfer, to accurately determine which office a file should be assigned.

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