Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 10 - Conditions of Eligibility - Deprivation › Section 340:10-10-5 - Requirement for assignment of support rights and cooperation

Current through Vol. 41, No. 20, July 1, 2024
(a)
Assignment of support rights.
When the reason for deprivation is
				absence, each applicant or recipient of Temporary Assistance for Needy Families
				(TANF) must assign to Oklahoma Human Services (OKDHS) any support rights,
				including cash medical, that is pending or continuing for any family member
				included in the assistance unit as a condition of eligibility. This assignment
				excludes amounts ordered for past due or judgment amounts for persons who never
				received TANF prior to this application. For persons who previously received
				TANF, the assignment includes past due or judgment amounts previously assigned
				to OKDHS for the time period the applicant received TANF. Failure to assign
				support rights makes the assistance unit ineligible for TANF.
(b)
Cooperation in obtaining
				support.
As a condition of TANF eligibility, each applicant or
				recipient, who is the natural or adoptive parent of the child(ren) included in
				the assistance unit, must cooperate with OKDHS in obtaining support for each
				child, per Section 608 of Title 42 of the United States Code (42
				U.S.C. §
										608) . Failure of the applicant
				or recipient to cooperate without good cause may be indicated during the
				application interview or at any time further action by the recipient is
				necessary.
(c)
Non-cooperation indicators.
Oklahoma Child Support Services (CSS)
				determines when an applicant or recipient is not cooperating in establishing
				paternity or in establishing, modifying, or enforcing a support order, per
				42 U.S.C. §
										654 and Section 264.30 of Title 45 of the
				Code of Federal Regulations. Per Oklahoma Administrative Code
				340:25-5-114,
				non-cooperation is indicated when the applicant or recipient:
(1) fails to participate in a scheduled CSS
				conference or meeting;
(2) refuses
				to complete and sign documents necessary to take legal action against the
				non-custodial parent(s) when requested to do so by CSS;
(3) fails to comply with an order to submit
				oneself or the child(ren) to genetic testing to determine paternity;
(4) fails to appear as a witness at an
				administrative or district court hearing or other proceeding;
(5) fails to provide information, or attest
				to lack of information, under penalty of perjury;
(6) fails to forward to CSS all child support
				payments received from the non-custodial parent(s) or other entities other than
				the Centralized Support Registry after receiving the initial TANF benefit;
(7) pursues private legal action
				affecting paternity, child support, medical support, or child care or
				authorizes payments made other than through the Centralized Support Registry
				without giving CSS notice, and fails to keep CSS informed of the case status;
				and
(8) engages in ongoing conduct
				detrimental to CSS enforcement efforts.