OKDHS - OAC 340:25-5-124.2. Tribal case referral of cases to an Oklahoma tribal child support office

340:25-5-124.2. Tribal case referral of cases to an Oklahoma tribal child support office

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Revised 7-1-11

(a) Definitions. The following words and terms, when used in this Section, have the following meanings:

(1) "Native American" means a person who is an enrolled member of a federally recognized Indian tribe.
(2) "Tribal child support office program" means a federally recognized comprehensive IV-D child support program in Oklahoma.

(b) Scope. The tribal child support programs:

(1) provide child support services to tribal members as outlined in their tribal codes; and • 1 through • 3
(2) do not provide child support services when the child(ren) is in a deprived or delinquent state juvenile court action. • 4

(c) Tribal case referrals from Oklahoma Child Support Services (OCSS) to tribal child support programs.

(1) Per 340:25‑5‑124, Oklahoma's Interstate Central Registry and Oklahoma's Centralized Support Registry, also known as the State Disbursement Unit, assign to a district child support office incoming interstate referrals, Form 03EN001E, Application for Child Support Services, and Form 03AD020E, Request for Paternity Testing and Services Notice of Applicant Responsibilities, with a:
- (A) Native American noncustodial parent;
- (B) tribal child support order; or
- (C) tribal employer.
(2) OCSS retains cases with tribal members and tribal child support orders unless: • 1
- (A) the applicant of the OCSS case applies for child support services with a tribal child support program, and the OCSS case meets the eligibility requirements as determined by the tribal child support program; • 5
- (B) the noncustodial parent is a tribal employee, and the employer refuses to honor the OCSS income withholding order; or
- (C) the child is in a deprived or delinquent juvenile court case in tribal court and not subject to a state court deprived or delinquent juvenile action.
(3) Upon confirmation from a tribal child support program that the OCSS case applicant has applied for tribal child support services and there is no pending litigation, the district office provides copies of relevant documents from the district office case file to that tribal child support program and retains the district office case file.
(4) OCSS maintains a case record when state assistance is being provided to the child or assistance has been provided in the past and there is assigned child support or cash medical support owed per OAC 340:25-5-117. • 6 through • 8

(d) Tribal case referrals from tribal child support programs to OCSS. OCSS accepts case referrals from a tribal child support program when:

(1) there is lack of jurisdiction to proceed in the tribal court system;
(2) a current customer with a tribal child support program applies for services with OCSS; or
(3) a noncustodial parent leaves tribal employment and the applicant on the former OCSS case does not apply for services with the tribal child support program.

(e) Registration of tribal child support orders. OCSS registers tribal child support orders in state courts per The Full Faith and Credit for Child Support Orders Act (FFCCSOA) in Section 1738B of Title 28 of the United States Code and may establish and enforce a child support order in tribal or federal courts outside the tribal programs' service area. • 1

INSTRUCTIONS TO STAFF 340:25-5-124.2

Revised 7-1-11

1.   (a) The Full Faith and Credit for Child Support Orders Act (FFCCSOA) is found in Section 1738B of Title 28 of the United States Code. It requires courts of all United States territories, states, and tribes to accord full faith and credit to a child support order issued by another state or tribe that properly exercised jurisdiction over the parties and the subject matter. As described in the federal Office of Child Support Enforcement (OCSE) Action Transmittal AT-02-03, this includes registering, for enforcement or modification purposes, state child support orders in tribal courts or Courts of Indian Offenses. AT-02-03 is available from the OCSE Web site at http://www.acf.hhs.gov/programs/cse/pol/AT/2002/at-02-03.htm.

(b) Oklahoma Child Support Services (OCSS) accepts and reassigns cases returned from tribal child support programs when:

(1) there is lack of jurisdiction to proceed in the tribal court system;

(2) the tribal child support program determines there is not an enrolled member of a federally recognized Indian tribe in the tribal child support program service area;

(3) there is no tribal or federal court order and the non-Native American custodial person requests that the case be referred back to OCSS;

(4) the child(ren) is in a deprived or delinquent state juvenile court action; or

(5) the applicant in the tribal child support program case applies for child support services with OCSS.

2.  OCSS may request a tribal program's assistance to obtain service of process for a person who resides on tribal land or for issuance of an income assignment to a noncustodial parent who is employed with the tribe or in other extenuating case circumstances. Staff contact their district office tribal liaison for assistance from a tribal program.

3.  Tribal nations in Oklahoma that have tribal programs are the Chickasaw Nation, Cherokee Nation, Osage Nation, Kaw Nation, Muscogee (Creek)        Nation, Ponca Nation, Modoc Tribe, and the Comanche Nation.

4.   OCSS retains tribal cases when there is a deprived or delinquent state juvenile court action and the child is placed in the custody of a Native American.

5.  Prior to case referral, OCSS staff contact and confirm in writing with staff in the tribal child support program that a case meets their tribal code jurisdictional requirements, including, but not limited to, member enrollment, tribal employee status, residing on tribal land, existence of a tribal order, or tribal deprived or delinquent juvenile court case.

6.   If an Oklahoma tribal child support program uses the Oklahoma Support Information System (OSIS), the case remains in an active open status. OCSS child support staff change the office code to the appropriate tribal child support numeric office code and document case actions on the OSIS Case Log Add (CSLOGA) screen.

7.   Staff follow the procedures detailed in the Oklahoma Child Support Tribal Transfer and Referral Guide found on the OCSS InfoNet Library page and in Outlook Public Folder OCSS All/Tribal.

8.  When the tribal child support program is not from Oklahoma or using OSIS as their case management system, staff initiate an intergovernmental referral on the Referral Add (REFA) screen on OSIS using the assigned tribal FIPS code. Tribal FIPS codes are found in the Oklahoma Child Support Tribal Transfer Referral Guide found on the OCSS InfoNet Library page and in Outlook Public Folder OCSS All/Tribal.

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