reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-230.63. Failure to cooperate in approved work activities or child support enforcement programs - Fraud control program.

A. 1. If a recipient, without good cause, does not cooperate with the Department of Human Services in approved work activities as required by the Department pursuant to the Temporary Assistance for Needy Families (TANF) program, the Department shall close the case.
2. If a recipient, without good cause, does not cooperate with the Department in administering the child support enforcement program relating to the establishment, modification, or enforcement of a support order, the Department shall reduce benefits to the recipient under the Temporary Assistance for Needy Families (TANF) program in an amount to be determined by the Department.
B. 1. The Department of Human Services shall establish and operate a fraud control program. The Department shall proceed against any individual member of a family, regardless of payment status under the TANF program, whom it believes to have committed an intentional program violation pursuant to federal law, through an administrative hearing or by referring the matter to the appropriate authorities for civil or criminal action in a state or federal court.
2. In proceeding against such an individual, the Department shall coordinate its actions with any corresponding actions being taken under Medicaid fraud programs where the factual issues arise from the same or related circumstances.
Added by Laws 1995, c. 346, § 25, eff. July 1, 1995. Amended by Laws 1997, c. 414, § 14, eff. Sept. 1, 1997. Renumbered from § 230.16 of this title by Laws 1997, c. 414, § 32, eff. Sept. 1, 1997.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-230.64. Case management services.

A. The Department of Human Services shall provide case management services to recipients under the Temporary Assistance for Needy Families (TANF) program. Case management services shall include, but not be limited to:
1. Intensive and in-depth employability assessment of a recipient's education, training, skills, prior work experience and supportive service needs;
2. Development of an employability plan which incorporates the results of the assessment; and
3. Close follow-up of program implementation requirements and participation pursuant to a personal responsibility agreement as provided in Section 16 of this act.
B. The Department of Human Services is hereby directed to develop policy outlining procedural and educational expectations for recipients of benefits under the TANF program.
Added by Laws 1995, c. 346, § 26, eff. July 1, 1995. Amended by Laws 1997, c. 414, § 15, eff. Sept. 1, 1997. Renumbered from § 230.17 of this title by Laws 1997, c. 414, § 32, eff. Sept. 1, 1997.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-230.66. Compulsory school attendance.

A. Compulsory school attendance for a child from the age at which the child is eligible to attend kindergarten to eighteen (18) years of age, unless the child is being home educated as per the Oklahoma Constitution and statutes, shall be a condition for participation in the Temporary Assistance for Needy Families (TANF) program.
B. The Commission for Human Services shall promulgate rules for implementing the provisions of this section which will authorize the Department to deny a recipient of benefits under the TANF program that portion of payments which relate to an individual who fails to comply with the requirements of this section.
Added by Laws 1992, c. 291, § 3, eff. Sept. 1, 1992. Amended by Laws 1995, c. 346, § 13, eff. July 1, 1995; Laws 1997, c. 414, § 17, eff. Sept. 1, 1997. Renumbered from § 234.1 of this title by Laws 1997, c. 414, § 32, eff. Sept. 1, 1997.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-230.67. Application for Earned Income Tax Credit - Assistance from Department of Human Services.

The Department of Human Services shall ensure, to the fullest extent possible, that any recipient of benefits under the Temporary Assistance for Needy Families (TANF) and the food stamp programs, who may qualify for receipt of the Earned Income Tax Credit (EITC), pursuant to 26 U.S.C., Section 32(a-j), applies for such credit. The Department shall have EITC forms readily available and shall provide assistance and encouragement to those wishing to apply for the EITC.
Added by Laws 1995, c. 346, § 22, eff. July 1, 1995. Amended by Laws 1997, c. 414, § 18, eff. Sept. 1, 1997. Renumbered from § 230.13 of this title by Laws 1997, c. 414, § 32, eff. Sept. 1, 1997.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-230.68. Fraud hot line.

A. The Department of Human Services shall establish and maintain a statewide incoming areawide telephone service hot line for the purpose of reporting suspected cases of welfare eligibility fraud, Temporary Assistance for Needy Families (TANF) fraud and food stamp fraud.
B. The Commission for Human Services shall promulgate rules to enact the provisions of this section, and shall include in such rules procedures which address false reports and issues of confidentiality.
Added by Laws 1995, c. 346, § 24, eff. July 1, 1995. Amended by Laws 1997, c. 414, § 19, eff. Sept. 1, 1997. Renumbered from § 230.15 of this title by Laws 1997, c. 414, § 32, eff. Sept. 1, 1997.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-230.69. Child care resource and referral centers.

A. The Department of Human Services shall, as funds become available, work with local communities to establish a statewide system of child care resource and referral centers.
B. The child care resource and referral centers shall be responsible for:
1. Providing consumer education;
2. Maintaining child care databases and linking working families to relevant services available in their communities;
3. Developing child care supply and demand reports;
4. Fostering partnerships between Head Start programs, churches, schools, government and nonprofit agencies;
5. Providing information and technical assistance to individuals and groups wishing to develop or expand child care services;
6. Coordinating training programs and informing child care providers about available training; and
7. Working with the Department of Human Services on licensing and regulatory issues.
Added by Laws 1997, c. 414, § 20, eff. Sept. 1, 1997.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-230.72. Medicaid assistance.

The Department of Human Services and the Oklahoma Health Care Authority shall jointly establish eligibility criteria which ensure that recipients of assistance pursuant to the federal Temporary Assistance to Needy Families Program (TANF), who become employed or who are at risk of losing Medicaid because of earned income disregards or other excluded resources pursuant to the
Statewide Temporary Assistance Responsibility System (STARS), will continue to receive Medicaid assistance as otherwise specified by state or federal law.
Added by Laws 1997, c. 414, § 25, eff. Sept. 1, 1997. Amended by Laws 2004, c. 378, § 1, emerg. eff. June 3, 2004.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-230.75. Task Force on State Plan Options for the Temporary Assistance to Needy Families Program (TANF Options Task Force).

A. There is hereby created until June 1, 2000, the "Task Force on State Plan Options for the Temporary Assistance to Needy Families Program". The Task Force may be referred to as the "TANF Options Task Force".
B. The Task Force on State Plan Options for the Temporary Assistance to Needy Families Program shall:
1. Review:
a.
the options available to Oklahoma under the federal Personal Responsibility and Work Opportunities Reconciliation Act related to the eligibility of persons who are victims of domestic abuse or who are receiving or in need of treatment for substance abuse under the State Plan for Temporary Assistance to Needy Families pursuant to the federal Personal Responsibility and Work Opportunities Reconciliation Act, and
b.
the effects or potential effects of adopting such options; and
2. Make recommendations to the Legislature on or before January 1, 1999, concerning legislation or other state action which the Task Force deems necessary or desirable.
Added by § 1 of Enrolled House Joint Resolution No. 1025 of the 2nd Session of the 46th Oklahoma Legislature. Codified by Laws 1998, c. 414, § 21, emerg. eff. June 11, 1998.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-230.76. TANF Options Task Force — Membership.

A. The Task Force on State Plan Options for the Temporary Assistance to Needy Families Program shall consist of thirteen (13) members and shall be composed as follows:
1. The Speaker of the House of Representatives shall appoint three members of the House of Representatives, one member who shall represent a statewide domestic violence association, and one member who at the time of appointment is a TANF participant;
2. The President Pro Tempore of the Senate shall appoint three members of the State Senate, one member who shall represent a statewide association of substance abuse treatment providers, and one member who at the time of appointment is a TANF participant;
3. The Director of the Department of Human Services or the designee of the Director;
4. The Commissioner of the Department of Mental Health and Substance Abuse Services or the designee of the Commissioner; and
5. The Administrator of the Oklahoma Health Care Authority or the designee of the Administrator.
B. The Speaker shall appoint the chair of the Task Force and the President Pro Tempore shall appoint the vice-chair from their appointees.
C. Nonlegislative members of the Task Force shall be reimbursed by their appointing authority for necessary travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act. Legislative members shall be reimbursed pursuant to the provisions of Section 456 of Title 74 of the Oklahoma Statutes.
D. The House of Representatives and Senate shall provide staff support as required by the Task Force. The Department of Human Services, Department of Mental Health and Substance Abuse Services and the Oklahoma Health Care Authority shall provide the Task Force with information and assistance as requested by the Task Force.
Added by § 2 of Enrolled House Joint Resolution No. 1025 of the 2nd Session of the 46th Oklahoma Legislature. Codified by Laws 1998, c. 414, § 21, emerg. eff. June 11, 1998.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-230.77. Delivery system for redemption of vouchers for services from faith-based providers.

A. The Department of Human Services shall establish a service delivery system under the Temporary Assistance for Needy Families (TANF) Program that provides for redemption of vouchers for TANF services at participating private faith-based providers and federally recognized Indian tribes if they are effective and competitively priced for the results achieved.
B. The vouchers shall be made payable, on behalf of the TANF recipient, for the provision of TANF services that include, but are not limited to, subsidized and unsubsidized hourly employment, work experience, on-the-job training, assisted job search, job readiness assistance, job skills training, community service, substance abuse treatment, literacy and adult basic education, vocational-educational programs and child care.
C. The Department shall establish a procedure whereby a qualified private faith-based provider that wishes to provide services to TANF recipients may register with the Department.
D. The Commission for Human Services shall promulgate rules to implement the provisions of this act.
Added by Laws 2002, c. 272, § 1, eff. Nov 1, 2002.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-230.78. Oklahoma Marriage Initiative public service announcement campaign.

There shall be created a statewide public service announcement campaign, under the Oklahoma Marriage Initiative, promoting marriage as a tool against poverty and targeting all members of the public. No person appointed or elected to any public office in this state shall appear in the public service announcement campaign described in this section. No person, persons, or business entities employed in political consulting or receiving payment through funds related to any campaign for public office in this state shall be contracted to produce, develop, or otherwise provide any services related to any provision of this act.
Added by Laws 2013, c. 231, § 1, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-231. Applicant for assistance to request filing of criminal charges.

Any person who shall make application for aid for dependent children with the Department of Public Welfare, or any of its county offices or other subagencies, must, in order to be eligible for further assistance payments, where the person or persons legally responsible for such support is willfully and without lawful excuse failing to furnish necessary food, clothing, shelter or medical attendance for such child or children, within three (3) months from the day of application request the district attorney of the county where such applicant resides to file criminal charges against the person or persons legally responsible for the support of such child or children, and cooperate fully in prosecuting such charges to completion when filed by the district attorney.
Added by Laws 1951, p. 14, § 1.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-232. Public Welfare Commission - Notice and information to district attorney.

It shall be the duty of the Oklahoma Public Welfare Commission, its director, its agents and employees, in all cases where application is made for aid for neglected and dependent children to ascertain as to whether or not the need for such aid arises from the willful desertion or abandonment of said children by the person or persons obligated by law to provide for said children, and if said children are willfully abandoned or neglected by the person or persons required by law to support said children, to report the same to the district attorney of the county in which said children reside, and to furnish the district attorney with the names of witnesses and all information which they may have that the district attorney may require for the purpose of prosecuting the person or persons obligated by law to support such children under the criminal statutes of this state, and to require the applicant to request the district attorney of the county to file criminal charges against the person or persons legally responsible for the support of such child or children, and cooperate fully in prosecuting such charges to completion when filed by the district attorney, within three (3) months from the day of application in order to be eligible for further assistance payments.
Added by Laws 1951, p. 14, § 2.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-233. Referral of willfully delinquent parents to district attorney for prosecution.

A. If any parent of a child is determined by the Department of Human Services to be willfully violating the provisions of Section 852 of Title 21 of the Oklahoma Statutes, the Department may refer the case to the proper district attorney for prosecution.
B. The Department shall provide assistance to the district attorneys in such prosecutions.
Added by Laws 1968, c. 165, § 1, emerg. eff. April 11, 1968. Amended by Laws 1975, c. 102, § 1, emerg. eff. May 2, 1975; Laws 1995, c. 346, § 16, eff. July 1, 1995; Laws 2008, c. 407, § 16, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-234. Actions to secure compliance with court's support or maintenance orders.

A. If a party in a divorce action or other civil case has disobeyed or failed to comply with an order of the court to make payments for the support or maintenance of a child for whom the Department of Human Services thereafter makes payments in its program for Temporary Aid to Needy Families (TANF), the Department may file and prosecute in such action or civil case an application to have a party cited and punished for contempt of court, or any other pleading to secure compliance with the court's order.
B. The Department of Human Services, in coordination with district attorneys, is authorized to periodically offer an amnesty program for those who owe past-due child support. The Department, in coordination with district attorneys, may announce and publicize a program that offers those who owe past-due child support an opportunity to pay off the past-due support by a certain date. If payment in full is made, the Department, in coordination with district attorneys, may forego the use of other enforcement remedies for support past-due and accrued interest on that amount owed to the state up to that date. For accrued interest owed to a parent, the parent may, by affidavit, waive the past-due interest.
Added by Laws 1968, c. 165, § 2, emerg. eff. April 11, 1968. Amended by Laws 1999, c. 422, § 5, eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-235. Payments to Department of Human Services.

Any court ordering a party in a civil case to make payments for the support or maintenance of a child may direct, and upon application of the Director of the Department of Human Services, the court shall direct, that such payments be made to the Department of Human Services which shall be disbursed according to federal regulations. The court's order, or payments made pursuant thereto, shall not affect the amount of such assistance payments so long as the custodian of the child makes all reasonable efforts, when necessary, to cause the court's order to be obeyed. If payments are not made by such party as directed by the court, the Director of the Department of Human Services may file and prosecute in the case an application to have the party cited for contempt of court, or other pleading to secure a compliance with the court's order. Provided, the authority of the Director of the Department of Human Services to take such action shall not affect the right or responsibility of the custodian of the child to take, or excuse her or him from taking, similar action. The Oklahoma Commission for Human Services shall have authority to adopt such rules and regulations as it deems necessary to carry out the provisions of this act.
Added by Laws 1968, c. 165, § 3, emerg. eff. April 11, 1968. Amended by Laws 1988, c. 326, § 17, emerg. eff. July 13, 1988.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-236. Legal division or unit - Contracts for private legal counsel.

A. The Commission for Human Services shall establish or provide for a legal division or unit in the Department of Human Services. The Director of the Department of Human Services shall employ attorneys as needed, which may be on full-time and part-time basis. Such attorneys, in addition to advising the Commission, Director and Department personnel on legal matters, may appear for and represent the Commission, Director and Department in legal actions and proceedings. Provided, that it shall continue to be the duty of the Attorney General to give his official opinion to the Commission, Director or Department, and to prosecute and defend actions therefor, if requested to do so. The Attorney General may levy and collect costs, expenses of litigation and a reasonable attorney's fee for such legal services from the Commission. Provided, however the charges which the Attorney General is authorized to levy and collect shall only include those costs and charges which exceed the costs associated with the salary and benefits of one attorney FTE position per fiscal year.
B. The Commission shall not contract for representation by private legal counsel unless approved by the Attorney General. Such contract for private legal counsel shall be in the best interests of the state.
C. The Attorney General shall be notified by the Commission or its counsel of all lawsuits against the Commission, its officers or employees that seek injunctive relief which would impose obligations requiring the expenditure of funds in excess of unencumbered monies in the agency's appropriations or beyond the current fiscal year. The Attorney General shall review any such cases and may represent the interests of the state, if he considers it to be in the best interest of the state to do so, in which case he shall be paid as provided in subsection A of this section. Representation of multiple defendants in such actions may, at the discretion of the Attorney General, be divided with counsel for the Commission as necessary to avoid conflicts of interest.
Added by Laws 1968, c. 165, § 4, emerg. eff. April 11, 1968. Amended by Laws 1992, c. 33, § 1, emerg. eff. April 3, 1992; Laws 1992, c. 288, § 1, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-237.1. Agreements between district attorneys and the Department for enforcement and collection of child support obligations.

District attorneys may enter into agreements with the Department of Human Services for the enforcement and collection of child support obligations under Part D of Title IV of the federal Social Security Act, 42 U.S.C.A. Section 651 et seq. Such agreements may include provisions for the payment of federal or state funds to the district attorney for the payment of any expense incurred in the operation of the district attorney's office for the purposes of such agreement. All funds, except payroll funds, shall be transmitted to the county treasurer and deposited in a special fund to be known as the "District Attorney Child Support Contract Fund" and be disbursed in accordance with accounting procedures prescribed by the State Auditor and Inspector. Such special funds shall not be a part of the general fund of the county and shall not be subject to appropriation by the county excise board. Payroll funds, which shall be governed by Section 215.30 of this title, shall be paid pursuant to the agreement.
Added by Laws 1980, c. 22, § 1, emerg. eff. March 24, 1980. Amended by Laws 1982, c. 340, § 20, emerg. eff. June 2, 1982; Laws 1995, c. 346, § 19, eff. July 1, 1995.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-237.2. Child Support Enforcement Division - Providing information to governmental and private entities by electronic media.

The Child Support Enforcement Division of the Department of Human Services is authorized to provide information or referrals, including but not limited to, income assignments, tax refund offsets, liens and notices, by means of an abstract of the information, which may be submitted to any governmental or private entity by electronic media in the most economical, effective and timely method, including on-line, real time access or various methods of batch processing.
Added by Laws 1990, c. 309, § 14, eff. Sept. 1, 1990.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-237.3. Attorneys employed by or contracting with Department of Human Services - Duties - Relationship.

A. Attorneys employed by or contracting with the Department of Human Services for the establishment of paternity and the establishment, enforcement, and collection of child support obligations under Part D of Title IV of the Federal Social Security Act, 42 U.S.C., Section 651 et seq., or attorneys acting for the Department through an agreement as set forth in Section 237.1 of this title may represent the state or other states in administrative or civil actions.
B. Department attorneys represent the state and not the interests of any other party. Providing services under Title IV-D of the Federal Social Security Act does not create an attorney-client relationship with any other party.
C. Neither the Department of Human Services nor any attorney providing services under Title IV-D of the Federal Social Security Act shall be authorized to accept service, as authorized in Section 2005 of Title 12 of the Oklahoma Statutes, for any party other than the Department of Human Services.
Added by Laws 1992, c. 153, § 3, emerg. eff. April 30, 1992. Amended by Laws 2000, c. 384, § 11, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-237.5. AFDC payments to adult custodians - Purpose.

For purposes of Title 56 of the Oklahoma Statutes, public assistance payments made to an eligible adult custodian in the Aid to Families with Dependent Children program shall be deemed to be made for the benefit of a minor child and shall be paid to the adult having actual and continuous physical custody of the minor child.
Added by Laws 1984, c. 5, § 4, eff. Nov. 1, 1984. Amended by Laws 1995, c. 346, § 9, eff. July 1, 1995.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-237.6. AFDC recipients required to participate in parent or early childhood education programs.

A. The Department of Human Services shall require, as a condition of participation, that parents or guardians receiving benefits pursuant to the Aid to Families with Dependent Children (AFDC) program participate in a parent education program or enlist or enroll their child or children in a Head Start program, a Parents as Teachers program, a local early childhood education program for four-year-old children, if available, in kindergarten programs, or in schooling deemed appropriate by school authorities, unless the child is being home educated as per the Oklahoma Constitution and statutes.
B. The Department shall allow parents or guardians who attend all parent-teacher conferences requested by teachers or other officials, or who participate in parent education programs offered by a school district to apply an equivalent amount of time towards any work experience or job training requirements.
Added by Laws 1989, 1st Ex. Sess., c. 2, § 37, emerg. eff. April 25, 1990. Amended by Laws 1995, c. 346, § 11, eff. July 1, 1995.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-237.8. Order of administrative law judge.

After evidence has been presented at a hearing, the administrative law judge shall enter a written order which shall contain findings of fact and conclusions of law as to each contested issue. The order shall be submitted to the district office and to the obligor or the attorney of the obligor by certificate of mailing within twenty (20) days after the conclusion of the hearing.
Added by Laws 1997, c. 403, § 13, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-237.9. Administrative law judge authorized to conduct hearings by electronic means.

Upon agreement or a showing of hardship by one of the parties, or upon the court's own motion, the administrative law judge may conduct administrative hearings telephonically or by other electronic means.
Added by Laws 1997, c. 403, § 14, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-237.9a. Electronic transmittal of documents, electronic signature - Rules.

A. The Office of Administrative Hearings (OAH) may allow electronic transmittals of documents and electronic signatures if safeguards are in place to protect against unauthorized use. If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath when filed with OAH, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
B. The Commission for Human Services shall promulgate rules to implement electronic filing and signatures for OAH.
Added by Laws 2007, c. 49, § 1, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-237.10. Docketing of administrative orders.

Administrative orders entered pursuant to this title shall be docketed in the county of the underlying district court order, if any. If there is no underlying district court order filed in this state, the administrative order shall be filed in the county of residence of the custodian of the child, or if the custodian resides out-of-state, in the county of residence of the obligor. The administrative order shall be enforced by the district court in the same manner as an order of the district court.
Added by Laws 1997, c. 403, § 15, eff. Nov. 1, 1997. Amended by Laws 2007, c. 140, § 3, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-238. Payment of public assistance creating debt to Department.

Any payment of public assistance money by the Department of Human Services, hereinafter referred to as "Department," to or for the benefit of any dependent child or children or a child in the custody of the Department creates a debt due and owing to the State of Oklahoma by the natural or adoptive parent or parents who are responsible for support of such child or children in an amount equal to the amount of public assistance money so paid.
Provided, that any debt under this section shall not be incurred by nor at any time be collected from a parent or other person who is the recipient of public assistance monies for the benefit of minor dependent children for the period such person or persons are in such status.
Provided further, that where there has been a court order, the debt shall be limited to the amount provided for by said order. The Department shall have the right to petition the appropriate court for modification of a court order on the same grounds as a party to said cause. The Department shall be subrogated to the right of said child or children to prosecute or maintain any support action or execute any administrative remedy existing under the laws of the State of Oklahoma to obtain reimbursement of money thus expended.
Added by Laws 1977, c. 173, § 1, emerg. eff. June 3, 1977. Amended by Laws 1990, c. 302, § 14, eff. Sept. 1, 1990.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-238.2. Assignment of earnings to be honored by employer - Release from liability.

Any person, firm, corporation, association, political subdivision or department of the state employing a person owing a support debt or obligation shall honor, according to its terms, a duly executed assignment of earnings presented by the Director as a plan to satisfy or retire a support debt or obligation. This requirement to honor the assignment of earnings and the assignment of earnings itself shall be applicable whether said earnings are to be paid presently or in the future and shall continue in force and effect until released in writing by the Director. Payment of money pursuant to an assignment of earnings presented by the Director shall serve as full acquittance under any contract of employment, and the state warrants and represents it shall defend and hold harmless such action taken pursuant to said assignment of earnings. The Director shall be released from liability for improper receipt of monies under an assignment of earnings upon return of any monies so received.
Added by Laws 1977, c. 173, § 3, emerg. eff. June 3, 1977.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-238.3a. Failure to appear at hearing - Administrative order.

If the obligor fails to appear at the hearing on the date and at the hearing place given in the notice or appears but absents the hearing prior to its conclusion, an administrative order will be entered. Such order shall include findings of facts and conclusions of law and shall be consistent with the notice served upon the obligor. The order shall be subject to collection action, and shall be filed in the office of the court clerk in the county of residence of the custodian of the child or, if the custodian resides out of state, in the county of residence of the obligor or elsewhere as provided in this act. The administrative order shall be enforced by the district court in the same manner as an order of the district court. A copy of such order shall be mailed to the obligor by the district office at the address where the obligor was served with the notice. The order shall be mailed to the obligor by certificate of mailing to the service address.
Added by Laws 1986, c. 176, § 7, emerg. eff. May 15, 1986. Amended by Laws 1994, c. 365, § 3, eff. Sept. 1, 1994; Laws 1997, c. 403, § 17, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-238.5A. Use of child support guidelines.

The amount of child support and other support shall be ordered and reviewed in accordance with the child support guidelines provided in Section 118 of Title 43 of the Oklahoma Statutes.
Added by Laws 1989, c. 362, § 6, eff. Nov. 1, 1989. Amended by Laws 2000, c. 384, § 13, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-238.6. Administrative procedures - Use.

The Department of Human Services may utilize any of the administrative procedures set forth in this title to establish, modify, or enforce a support order in all cases in which child support services are being provided pursuant to the state child support plan or state law.
Added by Laws 1984, c. 5, § 9, eff. Nov. 1, 1984. Amended by Laws 1990, c. 309, § 15, eff. Sept. 1, 1990; Laws 1994, c. 356, § 20, eff. Sept. 1, 1994; Laws 1998, c. 323, § 18, eff. Oct. 1, 1998.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-238.6A. Deciding issues of fact involving minor children and granting relief in cases pending before district court and before Administrative Law Unit of Department of Human Services.

A. In any case in which the same issues of fact involving minor children are pending before the district court and before the OAH, those issues may be decided and relief granted by the district court, or be remanded by the district court to OAH for determination.
B. In any case in which different issues of fact involving minor children are pending before the district court and before the OAH, all issues may be decided and all relief granted by the district court, if the district court finds it is in the interests of justice and judicial economy.
Added by Laws 1990, c. 309, § 16, eff. Sept. 1, 1990. Amended by Laws 1994, c. 365, § 5, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-238.7. Modification of final order to pay child support.

A final order of the Department of Human Services providing for the payment of child support which has not been set aside on appeal by the district court shall not be modified retroactively or payment of all or a portion of the past due amount waived, except by mutual agreement of the obligor and obligee or, if the child support rights have been assigned to the Department or other entity, by agreement of the Department or such entity.
Added by Laws 1987, c. 230, § 19, eff. Oct. 1, 1987.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-239. Annual report.

On or before December 31 of each year, the Department shall file a written report with the Division of the Budget and Division of Central Accounting and Reporting, the Director of the Legislative Service Bureau, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives, containing an accounting of all monies received by the Department from the federal programs pursuant to Title IV-D of the Social Security Act, as amended, and all monies received pursuant to orders for child support or administrative determinations of the Department for the preceding federal fiscal year. The report shall also specify any expenditures made by the Department pursuant to orders for child support or administrative determinations of the Department for the preceding federal fiscal year.
Added by Laws 1984, c. 5, § 10, eff. Nov. 1, 1984. Amended by Laws 1985, c. 319, § 8, operative Oct. 1, 1985; Laws 1994, c. 356, § 25, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-240.1. Authority of Child Support Enforcement Division to pursue collection of support.

A. 1. In cases in which child support services are being provided by the Child Support Enforcement Division of the Oklahoma Department of Human Services, the Division may:
a.
initiate enforcement proceedings to:
(1)
obtain a judgment for arrearages,
(2)
effectuate an income assignment,
(3)
receive current support and judgment payments, and
(4)
review and modify support orders pursuant to child support guidelines in Section 118 of Title 43 of the Oklahoma Statutes,
b.
initiate any other legal proceeding to implement the establishment and collection of support and other court-ordered requirements of support from an obligor including, but not limited to, medical expenses, insurance premiums, and child care costs, and
c.
appeal orders as necessary to implement the provisions of this section.
2. In any hearing on a notice of delinquency or other enforcement proceeding, the district or administrative court may include the amount of the child support services fee paid by the applicant in any judgment against the obligor.
B. The Division is authorized to initiate enforcement proceedings and receive payments pursuant to Section 237A and 240.2 of this title to effectuate an income assignment and payment plan for:
1. Spousal support or the support of a child or both for an applicant or any person who is the recipient of Temporary Assistance for Needy Families (TANF) program; and
2. Any debt due and owing to the person entitled to receive enforcement support services by the Department or to this state by a natural or adoptive parent or other person who is or was responsible for the support of a child pursuant to Section 238 of this title, or found to be responsible for the support of a child pursuant to Sections 238.1 through 238.6 of this title.
C. Upon application by an obligor who requests support enforcement services from the Department, the Division is authorized to initiate any proceedings necessary to provide support enforcement services to the obligor and to receive payments of the support obligation or any judgment.
D. The Director has the authority to enter orders in situations as defined in Section 240.23 of this title, without the necessity of obtaining an additional signature of a district or administrative judge.
E. The Division is authorized to refer any judgment for child support to the Secretary of Health and Human Services for passport denial, revocation, restriction, or limitation pursuant to federal law or regulation.
Added by Laws 1985, c. 297, § 23, operative Oct. 1, 1985. Amended by Laws 1994, c. 365, § 6, eff. Sept. 1, 1994; Laws 1997, c. 402, § 22, eff. July 1, 1997; Laws 1998, c. 5, § 17, emerg. eff. March 4, 1998; Laws 1998, c. 323, § 19, eff. Oct. 1, 1998; Laws 2000, c. 384, § 14, eff. Nov. 1, 2000; Laws 2001, c. 407, § 17, eff. July 1, 2001; Laws 2006, c. 219, § 3.
NOTE: Laws 1997, c. 272, § 8 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-240.4. Admissibility of report of payments.

A report of the payments made by the obligor or payor or of AFDC payments made to a person entitled to support which is prepared by the Division, the District Office, or by public agencies in other states with a certification of authenticity executed by the Division, the District Office, or a public agency in another state is admissible into evidence in district court or in an administrative court proceeding as self-authenticated.
Added by Laws 1985, c. 297, § 26, operative Oct. 1, 1985. Amended by Laws 1994, c. 365, § 9, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-240.5. Child support services - Fee.

A. Those persons not receiving aid to families with dependent children shall be given equal access to the services provided by the Department of Human Services through its statewide plan for child support authorized by the Federal Social Security Act, 42 U.S.C., Section 301 et seq.
B. The Department is authorized to study, develop and propose to the Legislature a fee schedule for child support enforcement services provided through the Child Support Enforcement Division of the Department.
Added by Laws 1985, c. 297, § 27, operative Oct. 1, 1985. Amended by Laws 1992, c. 153, § 4, emerg. eff. April 30, 1992.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-240.6. Enforcement of child support obligation.

In addition to the powers and duties of the Department provided in Section 237 of Title 56 of the Oklahoma Statutes, the Department of Human Services is authorized to enforce a support payment of a spouse or former spouse pursuant to a court order requiring such support if a child support obligation is being enforced under the state plan of the Department authorized by the federal Social Security Act.
Added by Laws 1985, c. 297, § 28, operative Oct. 1, 1985.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-240.7. Release of child support arrearage information to consumer reporting agencies.

A. Unless otherwise prohibited or restricted by federal law or regulation, the Commission for Human Services, by rule, shall adopt a reasonable fee that shall be paid by consumer reporting agencies for requests pursuant to this section. The fee shall not exceed the estimated average actual cost experienced by the Department in performing the duties imposed upon it by this section.
B. The Department of Human Services shall establish procedures for the periodic release to consumer reporting agencies of the names and amounts of child support arrearages of obligors who owe past-due support. This information shall be released if the person obligated to pay child support pursuant to a support order is in arrears for child support.
C. For purposes of this section, the term "consumer reporting agency" means any person who, for a fee, dues, or on a cooperative nonprofit basis, regularly engages in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and who uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.
D. Information shall not be made available to:
1. Any consumer reporting agency which the Department or other appropriate agency determines does not have sufficient capability to systematically and timely make accurate use of the information; or
2. Any entity which has not provided satisfactory proof to the Department that the entity is a consumer reporting agency.
E. Any person obligated for child support shall be notified prior to the release of the information to a consumer reporting agency and shall be given a reasonable opportunity to be heard regarding the accuracy of the information to be released.
Added by Laws 1985, c. 297, § 29, operative Oct. 1, 1985. Amended by Laws 1996, c. 260, § 1, eff. Nov. 1, 1996; Laws 1997, c. 402, § 34, eff. July 1, 1997.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-240.8. Publication and distribution of child support collection services.

A. The Department of Human Services shall provide, from any available funds, for the publication and statewide distribution to the public of information as to the availability of the services offered by the Department for the collection of child support.
B. The Department of Human Services shall provide copies of the information specified in subsection A of this section to the court clerks of each county for distribution to the public.
Added by Laws 1985, c. 297, § 30, operative Oct. 1, 1985.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-240.9. Filing cases involving concurrent jurisdiction - Enforcement of foreign orders.

In filing cases involving concurrent jurisdiction between the administrative proceedings of the Department of Human Services and the district court, the cases shall be filed in the administrative proceedings of the Department of Human Services. The Department of Human Services, by regulation, may establish exceptions from this requirement subject to federal approval.
Child support orders originating from other states shall be enforced to the same extent as orders originating within this state. Said orders to be filed in the county of residence of the obligor or in the county of residence of the person entitled to support.
Added by Laws 1985, c. 297, § 31, operative Oct. 1, 1985.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-240.13. Guidelines for indirect contempt and purge fees - Request to Oklahoma Supreme Court.

The Legislature hereby requests the Oklahoma Supreme Court to adopt guidelines for indirect contempt and purge fees on or before January 1, 1994.
Added by Laws 1993, c. 307, § 8, emerg. eff. June 7, 1993.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-240.16. Court-ordered payment plan - Probationary continuation of license.

When the obligor enters into a court-ordered payment plan to repay any past due support pursuant to Section 240.15 of this title and provides proof to the court that the obligor is complying with all other provisions of the order for support, the OAH may place the obligor on probation. Probation will allow the obligor to practice or continue to practice his or her profession, occupation or business or to operate a motor vehicle. Probation shall be conditioned upon full compliance with the order. If the OAH grants probation, the period shall not exceed three (3) years, and the terms of probation shall provide for automatic suspension of the license if the obligor does not fully comply with the order.
Added by Laws 1995, c. 354, § 5, eff. Nov. 1, 1995. Amended by Laws 2004, c. 124, § 5, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-240.17. Termination of suspension, revocation, nonissuance, or nonrenewal order.

A. When the Department of Human Services determines that all support due is paid in full and the obligor has complied with all other provisions of the support order, it shall notify the Department of Human Services, Office of Administrative Hearings: Child Support, the “OAH”, and the OAH shall terminate the order of suspension or revocation of the license or the order of probation without the necessity of a hearing.
B. An obligor who is in noncompliance with an order for support may request in writing that the obligor’s licenses be reinstated. The Department shall conduct a review and request the OAH to reinstate the obligor’s licenses and place on probation pursuant to Section 240.16 of this title if the obligor has:
1. Paid the current child support and the monthly arrearage payments each month for the current month and two months immediately preceding, or paid an amount equivalent to three months of child support and arrearage payments which satisfies the current child support and monthly arrearage payments for the current month and two months immediately preceding;
2. Disclosed all information regarding health insurance availability and obtained and maintained health insurance coverage required by an order for support;
3. Complied with all subpoenas and orders relating to paternity or child support proceedings;
4. Complied with all orders to submit to genetic testing to determine paternity; and
5. Disclosed all employment and address information.
C. An obligor whose written request for reinstatement has been denied by the Department may request a hearing before the OAH. If the OAH determines the requirements of subsection B of this section have been met, the OAH may reinstate the obligor’s licenses. If the OAH reinstates the obligor’s licenses, the OAH shall order probation pursuant to Section 240.16 of this title.
D. If the obligor fails to comply with the order of probation after the obligor’s licenses have been reinstated pursuant to subsection B or C of this section, the obligor’s licenses may again be suspended, revoked, not issued or not renewed. The Department may refuse to request the OAH to reinstate the obligor’s licenses unless the obligor makes additional payments in an amount determined by the Department to be sufficient to ensure future compliance and the obligor complies with other terms set by the Department.
E. The Department shall send a copy of the order reinstating the licenses to the licensing board, the obligor and the custodian.
F. Entry of an order to reinstate the obligor’s licenses pursuant to this section does not limit the ability of the OAH to issue a new order of suspension or revocation of the license of the same obligor or to place the obligor on probation in the event of another delinquency or failure to comply with an order for support.
Added by Laws 1995, c. 354, § 6, eff. Nov. 1, 1995. Amended by Laws 2000, c. 384, § 17, eff. Nov. 1, 2000; Laws 2004, c. 124, § 6, eff. Nov. 1, 2004.