0 chapters · 401 sections in this title.
56 O.S. § 236 Legal division or unit - Contracts for private legal counsel
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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 a…
56 O.S. § 237 Support collection, parent location and paternity determination services
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A. The Oklahoma Department of Human Services, hereinafter referred to as "Department", as the single state agency designated to administer a statewide plan for child support, is authorized, in accordance with Title IV, Part D, of the Federal Social Security Act, as amended, 42 U.…
56 O.S. § 237.1 Agreements between district attorneys and the Department for enforcement and collection of child support obligations
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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 f…
56 O.S. § 237.10 Docketing of administrative orders
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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 custo…
56 O.S. § 237.2 Child Support Enforcement Division - Providing information to governmental and private entities by electronic media
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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 submitte…
56 O.S. § 237.3 Attorneys employed by or contracting with Department of Human Services - Duties - Relationship
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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 …
56 O.S. § 237.5 AFDC payments to adult custodians - Purpose
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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 co…
56 O.S. § 237.6 AFDC recipients required to participate in parent or early childhood education programs
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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 chi…
56 O.S. § 237.7 Definitions
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For the purposes of Sections 237 through 240.23 of this title: 1. The "Child Support Enforcement Division of the Department of Human Services", hereinafter referred to as the "Division" or as the "Department", is the state agency designated to administer the child support enforce…
56 O.S. § 237.8 Order of administrative law judge
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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 …
56 O.S. § 237.9 Administrative law judge authorized to conduct hearings by electronic means
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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.
56 O.S. § 237.9a Electronic transmittal of documents, electronic signature - Rules
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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 o…
56 O.S. § 237A Notice to obligor - Administrative procedures
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A. In all cases being enforced by the Department of Human Services pursuant to the state child support plan, unless the amount of past due support has been determined in a court proceeding within the past twelve (12) months, the Department shall serve a notice upon the obligor no…
56 O.S. § 237B Insurance claimant owing child support - Exchange of information between insurance company and Department of Human Services - Penalties and liability
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A. For the purposes of this section, the word “claimant” has the same meaning as defined in the Unfair Claims Settlement Practices Act in Title 36 of the Oklahoma Statutes and is limited to an individual who makes a personal injury, wrongful death, or workers’ compensation claim …
56 O.S. § 238 Payment of public assistance creating debt to Department
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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 n…
56 O.S. § 238.1 Notice of support obligation - Service - Content - Voluntary acknowledgment of obligation
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A. For the purposes of establishing the amount of the debt which has accrued as provided for in Section 238 of this title, to establish an obligation for support in the absence of a court order of support, or to establish a judgment for support preceding the filing of the support…
56 O.S. § 238.2 Assignment of earnings to be honored by employer - Release from liability
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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 …
56 O.S. § 238.3a Failure to appear at hearing - Administrative order
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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 …
56 O.S. § 238.4 Hearing on debt - Appeal - Orders
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A. A hearing shall be held at the time and place given on the notice of support debt served upon the obligor or the attorney for the obligor, with a duly qualified administrative law judge appointed for that purpose by the Department. The hearing shall be held in the county of re…
56 O.S. § 238.5A Use of child support guidelines
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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. N…
56 O.S. § 238.6 Administrative procedures - Use
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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 …
56 O.S. § 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
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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 i…
56 O.S. § 238.6B Notice of paternity and support obligations - Contents - Voluntary acknowledgments - Entry of father's name on child's birth certificate - Genetic testing - Change of child's surname
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A. The Department of Human Services may serve a notice of paternity and support obligations on an individual alleged to be the parent of a child for whom paternity has not been judicially or administratively established. Venue for such action shall be, at the option of the Depart…
56 O.S. § 238.7 Modification of final order to pay child support
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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 o…
56 O.S. § 239 Annual report
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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 Hous…
56 O.S. § 240.1 Authority of Child Support Enforcement Division to pursue collection of support
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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 assig…
56 O.S. § 240.10 Action to require participation in certain programs by unemployed or underemployed obligors
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A. When child support services are being provided for the benefit of the child under the state child support plan as provided in Section 237 of this title, the Department may initiate an administrative or district court action to obtain an order to require an unemployed or undere…
56 O.S. § 240.12 Assistance in locating parents delinquent on child support or their assets - Duty of political subdivisions and corporations or other businesses
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A. Each agency of the state or any political subdivision thereof shall provide information requested by the Oklahoma Department of Human Services when the Department is attempting to establish, modify, or enforce a child support order. Requested information may include, but shall…
56 O.S. § 240.13 Guidelines for indirect contempt and purge fees - Request to Oklahoma Supreme Court
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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.
56 O.S. § 240.15 Restriction of various licenses as remedy for noncompliance with support order or order for genetic testing to determine paternity
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A. 1. Except as otherwise provided by this section, the Department of Human Services, the “Department”, is authorized to initiate proceedings for the suspension or revocation of a license and driving privileges or placement of an obligor on probation who is not in compliance with…
56 O.S. § 240.16 Court-ordered payment plan - Probationary continuation of license
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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 prob…
56 O.S. § 240.17 Termination of suspension, revocation, nonissuance, or nonrenewal order
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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…
56 O.S. § 240.19 Implementation of order of suspension, revocation or probation
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A. Upon receipt of an administrative order issued by the OAH to suspend or revoke the license of an obligor, the licensing board shall implement the order by: 1. Determining if it has issued a license or has received an application for issuance or renewal of a license to the pers…
56 O.S. § 240.2 Initiation of enforcement proceedings by Division
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A. After receiving a referral or application for services, the Division may initiate enforcement proceedings. 1. The Division may notify the obligor of the intention to initiate enforcement proceedings by a notice. If an income assignment is not in place for collection of support…
56 O.S. § 240.20 Fees to cover administrative costs
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A licensing board may charge the obligor a fee to cover the administrative costs incurred by the licensing board pursuant to Sections 5 through 10 of this act. Fees collected pursuant to this section by a licensing board which has an agency revolving fund shall be deposited in th…
56 O.S. § 240.21 Promulgation of rules
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A. The Department of Human Services shall promulgate rules necessary for the implementation and administration of Sections 5 through 10 of this act. B. Each licensing board shall promulgate rules necessary for the implementation and administration of Sections 5 through 10 of this…
56 O.S. § 240.21A Applications for professional or occupational licenses to contain applicant's name, address, and social security number
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All applications for professional or occupational licenses in this state shall contain the applicant's name, address, and social security number. Added by Laws 1997, c. 402, § 38, eff. July 1, 1997.
56 O.S. § 240.22 Financial institution data match reporting system
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A. The Department of Human Services, in coordination with representatives of the financial industry in Oklahoma, shall develop and implement a financial institution data match reporting system. Such system shall be operated by the Department and shall use automated data exchanges…
56 O.S. § 240.22A Financial institution data match reporting system - Definitions
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As used in Section 240.22 et seq. of this title: 1. "Account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, money-market mutual fund account or brokerage account; 2. "Financial institution" means any federa…
56 O.S. § 240.22B Information required from financial institutions
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A. The Department shall make the first request to each financial institution to provide data in writing. Within thirty (30) days of such notification, each financial institution notified shall provide a list containing the name, record address, social security number, and other i…
56 O.S. § 240.22C Financial institution data match reporting system - Unauthorized disclosure of information by state employee or agent
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No employee or agent of this state shall divulge any information referred to in this act, except in the manner herein prescribed to any public or private agency or individual. Information may be disclosed and shared by and between any employee of an administering agency and any o…
56 O.S. § 240.22D Financial institution data match reporting system - Failure to comply with reporting requirements - Penalty
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Any financial institution which is required to submit a report pursuant to the provisions of this act which fails, without reasonable cause, to comply with such reporting requirements after notification by certified mail return receipt requested, and such failure continues for mo…
56 O.S. § 240.22E Financial institutions data match reporting system - Disclosure to depositors or account holders prohibited - Penalty - Liability - Unauthorized disclosure of financial records - Penalty
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A. Unless otherwise required by applicable law, a financial institution furnishing a report or providing information to the Department pursuant to this act shall not disclose to a depositor or an account holder that the name of such person has been received from or furnished to t…
56 O.S. § 240.22F Financial institution data match reporting system - Development of compatible systems - Survey of time and expense
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The Department shall determine by survey the likely time and expense required for individual financial institutions in Oklahoma to reprogram their data processing systems, if necessary and if reasonably possible, to carry out electronic data matches. Based on the information obta…
56 O.S. § 240.22G Financial institution data match reporting system - Levy of match accounts
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Upon matching a delinquent obligor with a financial account, the Division shall automatically issue a levy for each match account unless after reviewing each data match, it is found that a levy would be inappropriate under the particular circumstances, and there is full and timel…
56 O.S. § 240.23 Orders over signature of Director
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A. The Division has the authority to enter orders in the following actions over the signature of the Director and without the necessity of obtaining an additional signature of a district or administrative court judge: 1. To subpoena any financial or other information needed to es…
56 O.S. § 240.24 Delinquent or missing parent "Most Wanted" list
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A. The Department of Human Services may release a delinquent or missing parent “Most Wanted” type list of individuals who are in arrears in their district or administrative court-ordered child support obligations or who are sought for the purpose of establishing a child support o…
56 O.S. § 240.3 Appeals
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A. 1. Final orders of the Office of Administrative Hearings: Child Support (OAH) may be appealed to the district court pursuant to this section by any party directly affected and showing aggrievement by the order, or by the Oklahoma Department of Human Services. 2. An appeal shal…
56 O.S. § 240.4 Admissibility of report of payments
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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…
56 O.S. § 240.5 Child support services - Fee
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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 se…