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.