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340:40-7-9. Mandatory pursuit of child support and other potential income

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Revised 6-1-09

(a) Mandatory referral to the Oklahoma Child Support Services (OCSS). When one or both of the child's parents are absent from the home, the client must agree to pursue child support through OCSS for all children who must be included in the same household in accordance with OAC 340:40-7-6 before subsidized child care benefits are approved. • 1

(1) When an OCSS referral is required. The client is required to pursue child support for all children living in the home for which one or both parents are absent unless good cause exists as described at paragraph (2) or (6) of this subsection. This includes when:
- (A) the parent or caretaker is not requesting subsidized child care benefits for every child living in the home;
- (B) the client is already receiving court-ordered child support; • 2
- (C) there is a joint custody agreement and neither parent is ordered to pay support; • 3
- (D) parental rights have been terminated except in the case of adoption per Section 7006-1.3 of Title 10 of the Oklahoma Statutes; • 4
- (E) an additional child whose parent is absent is added to the household after certification; • 5 or
- (F) one or both parents leave the home after certification. • 6
(2) When an OCSS referral is not required. The client is not required to complete child support forms when:
- (A) he or she is a foster parent to the child and the OCSS referral was completed in the child's SoonerCare (Medicaid) case; • 7
- (B) the client is an adoptive parent and provides proof of a single parent adoption;
- (C) a parent is temporarily out of the home in accordance with OAC 340:40-7-6(c) and is still considered part of the household;
- (D) the child whose parent is absent is not required to be considered part of the household in accordance with OAC 340:40-7-6; or • 8
- (E) the client is a minor parent and is not living with his or her own parents. The minor parent must pursue child support for his or her own child but not for himself or herself.
(3) Required forms. The worker makes the referral to OCSS by completing with the client Form 08TA001E, Absent Parent (AP) Information Sheet, for each absent parent. • 9 The client must sign Form 08TA012E, Cooperation Agreement and Request for Good Cause, as described at paragraph (6) of this subsection. The worker gives Appendix C-16, Child Support Services and Responsibilities, to the client. The form explains OCSS services and client expectations. Supplemental information sent to the appropriate OCSS district office by the worker includes:
- (A) a signed and completed Form 03EN002E, Affidavit of Child Support Payments Received; and
- (B) copies of any legal documents concerning custody or child support.
(4) Centralized Support Registry (CSR). After the worker approves the client for subsidized child care benefits, all future child support payments must be made to the CSR. Appendix C-16 contains the address for the CSR.
(5) Establishment of paternity. If paternity has not yet been established, the worker discusses the voluntary acknowledgment of paternity process with the alleged father when he is located. If the alleged father admits paternity, the worker secures the alleged father's and the mother's signature on Form 03PA209E, Acknowledgment of Paternity, per instructions under the Notice of Rights and Responsibilities on the form. • 10
(6) Good cause. Although the client's cooperation in the pursuit of child support through OCSS is required as a condition of eligibility for child care, good cause for refusal to cooperate may be granted when such cooperation is not in the best interest of the child. The Oklahoma Department of Human Services (OKDHS) may determine that child support activities can be safely conducted without the cooperation of the client.
- (A) The client must sign Form 03TA012E, Cooperation Agreement and Request for Good Cause, at the time of the initial application, at the time of an additional child request, or when circumstances result in an applicant or recipient's request for good cause. The worker does not deny, delay, or discontinue subsidized child care benefits pending a determination of good cause for refusal to cooperate if the applicant or recipient has complied with the requirements to furnish evidence or information. • 11
- (B) OKDHS determines that the client has good cause for refusing to cooperate only if:
  - (i) there is possible physical or emotional harm to the child;
  - (ii) there is possible physical or emotional harm to the parent or caretaker;
  - (iii) the child was conceived as a result of incest or forcible rape;
  - (iv) legal proceedings for adoption of the child are pending before a court; or
  - (v) the client is currently being assisted by a public or licensed private social agency to resolve the issue of whether to keep the child or relinquish the child for adoption.
- (C) It is the responsibility of the applicant or recipient who makes a claim for good cause to supply documentary evidence to establish the claim, or to furnish sufficient information to permit OKDHS to investigate the circumstances of good cause for refusing to cooperate. Uncorroborated statements of the applicant or recipient are not acceptable documentation. The evidence must be of probative value and supported by written statements to the extent possible. Examples of acceptable written statements include:
  - (i) birth certificate or medical or law enforcement records which indicate that the child was conceived as a result of incest or forcible rape;
  - (ii) court documents or other records which indicate that legal proceedings for adoption are pending before a court of competent jurisdiction;
  - (iii) criminal, medical, child protective services, social services, psychological, or law enforcement records indicating that the putative or absent parent might inflict physical or emotional harm on the child or caretaker;
  - (iv) medical records indicating the emotional health history and present emotional health status of the caretaker or child, or a written statement from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the caretaker or child;
  - (v) a written statement from a public or licensed private social agency that the applicant or recipient is being assisted by OKDHS to resolve the issue of whether to keep the child or relinquish the child for adoption; and
  - (vi) sworn statements from persons other than the client with knowledge of the circumstances which provide the basis for the good cause claim.
- (D) Upon request, the worker assists the client in obtaining evidence that is not reasonably obtainable. This requirement is limited to the specific documentary evidence in (C)(i) through (vi) of this subsection. The client must specify the type of document or record needed, as well as provide sufficient identifying information to make it possible to be obtained.

(b) Failure to cooperate in the pursuit of child support. Failure to cooperate in pursuit of child support without good cause may be indicated at the time of application or at any time further action by the client is necessary.

(1) Actions indicating failure to cooperate include refusals to:
- (A) identify and assist in locating a known parent;
- (B) establish paternity; or
- (C) establish, modify, or enforce a support order.
(2) When the worker is informed by OCSS that the client is not cooperating, the worker closes or denies the subsidized child care benefits for all children included in the child care benefits effective ten calendar days from the date action is taken. • 12

(c) Cooperation with OCSS following closure of the subsidized child care benefits. The client must verify that he or she is cooperating with OCSS before subsidized child care benefits can be approved again. • 13

(1) If the client cooperates with OCSS within 30 calendar days of the closure of the subsidized child care benefits and the worker is notified of this cooperation within this time frame, the worker can reopen the benefits back to the date they closed without imposing a penalty period. • 14
(2) If the client does not cooperate with OCSS or waits to inform the worker of this cooperation for more than 30 calendar days from the date the subsidized child care benefits closed, the client must complete a new application before care can be approved. The earliest date subsidized child care benefits can be approved is the date the client completes a child care interview and provides all necessary verification in accordance with OAC 340:40-3-1.

(d) Exploration and development of potential income other than child support. The worker explores all other potential sources of income such as Social Security benefits, Supplemental Security Income (SSI), unemployment benefits, veterans benefits, and increased wages at the time of application and at each review for all members of the household whose income must be considered in accordance with OAC 340:40-7-6. • 15 The client must apply for or continue to pursue all potential sources of income for which it appears likely he or she may be eligible except for SSI. The client is encouraged but not required to apply for SSI when the client indicates that a household member has a disability. The worker gives the client 90 calendar days from the date potential income is identified to pursue such income. • 16

(1) If the client refuses to pursue available income at the time of request, the worker denies the child care request.
(2) If the client agrees to pursue all potential income and then fails to do so, the worker closes subsidized child care benefits effective ten calendar days from the date the worker takes action. • 17
(3) If the client is approved for the potential income or offered a raise in pay and refuses to accept it, the worker closes the subsidized child care benefits effective ten calendar days from the date the worker takes action.
(4) If the client's pay is decreased either in rate of pay or number of hours worked, the worker explores why the decrease occurred. If the client requested the decrease to avoid a family share co-payment increase or to maintain eligibility for the subsidized child care benefits, the worker closes the subsidized child care benefits. • 18
(5) At each review, the worker determines whether the client continues to pursue potential income.
- (A) If the client begins receiving previously identified potential income, the worker considers the income for the next negative action deadline after it is reported.
- (B) If the client was determined not eligible for the income, the client must verify this. The worker records in the case record the verification provided and stops exploring this potential income with the client.
- (C) If the client stops pursuing the income and was not determined ineligible for it, the worker closes the client's child care benefit for failure to cooperate effective ten calendar days from the date the worker takes action.
(6) If the client's subsidized child care benefits were closed because of failure to cooperate, the client must verify receipt or pursuit of such income or that such income is no longer potentially available before child care can be approved.
- (A) If the client verifies cooperation within 30 calendar days of the closure of subsidized child care benefits, the worker can reopen the benefits back to the date they were closed without imposing a penalty. • 14
- (B) If the client does not cooperate or waits to verify cooperation for more than 30 calendar days from the date the subsidized child care benefits close, the client must complete a new application before care is approved. The earliest date subsidized child care benefits can be approved is the date the client completes a child care interview and provides all necessary verification in accordance with OAC 340:40-3-1.

INSTRUCTIONS TO STAFF 340:40-7-9

Revised 6-1-09

1. If the child is a sibling to other children that must be included in the child care household, the client must be willing to pursue child support for all children in order to be eligible for subsidized child care benefits for some of the children.

2. If the client is receiving court-ordered child support, he or she must still complete required child support forms. Once the referral is sent to Oklahoma Child Support Services (OCSS), the client can call OCSS and request that the child support case be closed because he or she is receiving court-ordered child support in accordance with FSS memo 05-12. OCSS staff decides whether the child support case can be closed without penalty to the client. When OCSS staff decides no penalty is required, they use the closure reason code of 01 on the CCPI screen.

3. When there is a court order stating that child support was not ordered, OCSS staff determine whether the order is being followed as written and whether it is feasible to pursue support. If OCSS staff determines it is not feasible to pursue child support, they use the closure reason code of 01 on the CCPI screen.

4. The termination of parental rights does not eliminate the obligation of either parent to provide financial support for his or her minor child. Per Section 7006-1.3 of Title 10 of the Oklahoma Statutes, termination of parental rights affects the parent's rights, not his or her responsibility to support the child except in the case of adoption.

5. When child support forms are required after certification because an additional child request is received, the worker informs the client that he or she must be willing to pursue child support for that child and arranges for a time to complete required forms with the client. As long as the client does not refuse to complete these forms, certification for the child is not held up pending completion of these forms. Instead, the worker authorizes the child for subsidized child care benefits and sends Form 08AD092E, Client Contact and Information Request, to set an appointment to complete required child support forms. If the client does not complete required forms, the worker closes child care benefits for the additional child and all siblings of this child.

6. When one parent leaves the home, Form 08AD092E is sent to set an appointment to complete required child support forms. If both parents leave the home, a new child care application is required that would include completion of child support forms.

7. The worker documents in Family Assistance/Client Services (FACS) Case Notes the case number where child support is being pursued and cross references that case number on the system.

8. An example is when a client's household consists of his or her own children as well as other children such as nieces, nephews, or grandchildren. If the client only wants child care for the other children, the client is not required to pursue child support for his or her own children.

9. The worker enters information from Form 08TA001E, Absent Parent (AP) Information Sheet, in the Deprivation tab of the Family Assistance/Client Services (FACS) Interview Notebook. The client must give enough information so that the referral crosses over to OCSS. Required entries in the Deprivation tab include:

(1) the "name of the absent parent" field I4. This can be shown as unknown;

(2) "sex" field I13;

(3) "deprivation factor" field F48;

(4) "client assignment of child support" field I25. This is marked "refused to assign support" for child care;

(5) "cooperation" field I26. This is marked as "agreed to cooperate" or "pending determination of good cause";

(6) "person number for the child" field I61; and

(7) "absent parent legal status" field I64.

10. The worker sends the original and one copy of Form 03PA209E, Acknowlegment of Paternity, to the Oklahoma State Department of Health (OSDH), Division of Vital Records and gives a copy to the mother and the alleged father. Completion and filing of Form 03PA209E legally establishes paternity for a child. If either parent, within 60 calendar days of completing Form 03PA209E, changes his or her mind about acknowledging paternity, he or she signs Form 03PA211E, Rescission of Acknowledgment of Paternity. Copies of the form are distributed as indicated on the form.

11. When a claim for good cause is made, the worker updates the Deprivation tab in the Interview Notebook of FACS to indicate that a good cause determination is pending. OCSS forms are completed but not submitted until a good cause determination is made. The good cause determination process is completed when Form 08TA009E, Good Cause Report, and appropriate documentation supporting the good cause claim are forwarded to the appropriate OCSS district office.

(1) On an application without a previous good cause request, the worker and supervisor determine whether good cause is justified after evaluating all of the information.

(2) If the human services center (HSC) staff and OCSS district office staff concur with the client's claim for good cause, the worker updates the appropriate entries on the Deprivation tab of FACS.

(3) If the HSC staff and OCSS district office staff do not concur with the client's claim of good cause, the worker advises the client that if he or she continues to refuse to cooperate, the child care benefit must be closed. If the client agrees to cooperate at this point, he or she signs a new Form 08TA012E, Cooperation Agreement and Request for Good Cause. The worker submits the appropriate OCSS forms to the appropriate OCSS district office and updates the Deprivation tab to indicate the client is cooperating.

(4) When the HSC staff and OCSS district office staff do not concur with each other in a determination of good cause, the worker submits all pertinent information, including Form 08TA009E to the Family Support Services Division (FSSD) where a final determination regarding good cause is made. The two offices make every effort to reconcile their decisions before referring the decision to FSSD. FSSD staff returns Form 08TA009E with Section V completed to the worker for appropriate action and sends a copy to the OCSS district office.

(5) When the client reapplies for child care and good cause has previously been approved, the worker interviews the client to determine if any changes have occurred from the circumstances that resulted in the previous good cause determination.

(A) If there are no changes, the worker completes Sections I, II, and III of Form 08TA009E and forwards it to the OCSS district office for concurrence.

(B) If changes have occurred that might affect the good cause determination, the worker asks the client to furnish sufficient documentary evidence to substantiate the reported changes. Upon receipt of the documentation, the worker completes Sections I, II, and III of Form 08TA009E, attaches a copy of the documentation, and forwards it to the OCSS district office for concurrence.

(6) At each child care review, the worker asks the client whether any circumstances have changed regarding good cause.

(A) If circumstances have not changed, the worker takes no further action regarding good cause.

(B) If it appears circumstances have changed and good cause may no longer exist, the worker completes Section VI of the original Form 08TA009E, attaches documentation of the change(s), and sends it to the OCSS district office for concurrence of the good cause consideration.

(C) If there is no Form 08TA009E in the case record, the worker completes Sections I and VI of a new Form 08TA009E. The OCSS district office completes Section VI and returns the form to the worker.

(7) If the HSC staff and OCSS staff jointly agree that good cause no longer exists, the client is advised he or she must pursue child support through OCSS or the child care benefit must be closed. If the client agrees to cooperate, he or she signs a new Form 08TA012E. The worker mails appropriate OCSS forms to the OCSS district office and updates the Deprivation tab in FACS.

(8) If an additional child is added to the case and good cause has already been approved for the same parent, the worker codes the "cooperation" field I26 of the Deprivation tab to show "good cause for not cooperating has been determined" unless good cause circumstances have changed.

12. (a) OCSS staff can inform a worker of non-cooperation by calling or e-mailing the worker. The FSSD Business Knowledge and User Support Section sends a OCSS Non-Cooperation Report to HSC staff monthly.

(b) When the client is also receiving Temporary Assistance for Needy Families (TANF) benefits and does not cooperate with OCSS, the system automatically closes the child care benefits.

(c) The worker checks the client's current cooperation status before closing or denying the subsidized child care benefits. The worker first finds the client's family group number (FGN) by entering PY space and the clients Social Security number. The worker then accesses the CCPI transaction by entering CCPI space the client's FGN. If the "cooperation" field is marked Y, the client is cooperating. If the "cooperation" field is marked O, the client is not cooperating and the subsidized child care benefits are closed or denied only if the "IV-D status" field is marked:

(1) 02;

(2) 04 and the reason is 17; or

(3) 10 and the reason is 31 or 32.

(d) The worker enters a FACS Case Note stating why the subsidized child care benefits were closed or denied.

13. The worker checks the CCPI transaction to confirm cooperation before reopening the subsidized child care benefits. The "cooperation" field must show a Y before the penalty is lifted. If OCSS staff contact the worker to confirm cooperation but CCPI has not been updated, the worker asks OCSS staff to update the CCPI transaction before subsidized child care benefits can be approved.

14. If the worker reopens the subsidized child care benefits more than ten calendar days from the date of the closure action, see OAC 340:40-10-4(e) regarding the manual claim process.

15. (a) The worker and the client jointly determine which sources of income may be available to the client and develop a plan to pursue identified potential income. The worker records this plan on the application or review form or in the FACS Interview Notebook under the Child Care tab.

(b) See OAC 340:40-7-8(a) and Instruction to Staff 3 for information about counseling with the client to increase income.

16. The worker sets a 90-day reminder to determine whether potential income is being pursued and sends Form 08AD092E at the time of certification advising the client what income must be pursued within 90 days.

17. If the worker has not received information verifying that the client is now pursuing potential income, he or she sends Form 08AD092E giving the client ten additional calendar days to provide proof that potential income is being pursued. If verification is not provided, the worker closes the child care benefit for the next negative action deadline date.

18. If the client tells the worker he or she decreased pay to reduce the family share co-payment or to remain eligible for child care, the child care benefit is closed. If the client tells the worker that pay was decreased for other reasons, the worker contacts the employer to gather information about why the client's pay was decreased. The worker consults with his or her supervisor prior to closing the client's subsidized child care benefits for this reason. FACS Case Notes must clearly document why subsidized child care benefits were closed.

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