Okla. Admin. Code § 340:25-5-124.3 - Assignment and management of deprived cases

Current through Register Vol. 39, No. 7, December 15, 2021

When a case includes a child(ren) in a deprived court action, Oklahoma Human Services Child Support Services (CSS) assigns cases per this Section.

(1) No existing child support order. When there is no existing child support order, the case is assigned to a district office serving the county in which the district court has jurisdiction over the deprived action.
(2) Existing case. When there is a prior Family and Domestic district court case involving the parent(s) and child(ren), the case is assigned to a district office serving the county of the deprived action.
(3) Split jurisdiction. When the case involves split jurisdiction, the district offices coordinate paternity and child support order establishment and child support order enforcement procedures with the district courts.
(4) No prior child support order. When no child support order was entered prior to the filing of the juvenile petition, there is no existing Family and Domestic district court case, the parental rights of the noncustodial parent (NCP) are terminated, and the child is not placed with the NCP, the child support case is assigned and transferred according to (A) through (D) of this paragraph, as applicable.
(A) When there is one NCP or when both NCPs reside in the same county, the CSS case is assigned to the district office serving the county where the NCP(s) resides.
(B) When there are multiple NCPs residing in different counties, the district offices within whose jurisdiction the NCPs reside reach an agreement regarding district office assignment.
(C) When parental rights are terminated CSS requests the court refer all child support issues regarding the parent whose rights were terminated to CSS for filing in the appropriate court.
(D) When the juvenile court entered a child support order but no longer desires to exercise jurisdiction to enforce the order, no prior Family and Domestic district court case exists, and the child(ren) is not placed with the NCP, CSS dockets the juvenile child support or paternity order in a new district court case according to (i) through (ii) of this subparagraph, as applicable:
(i) in the county in which the NCP resides or the NCP's last verified address; or
(ii) when both parents are NCPs, (B) of this paragraph applies.
(5) Prior child support order. When a prior child support order exists and after final adjudication and dismissal of the deprived action from the juvenile court, or when child support issues were deferred by the juvenile court, the office with the existing child support order dockets any juvenile child support or paternity order in its district court and proceeds with both judicial and non-judicial enforcement of the child support order.
(6) Adoption. When the child(ren) is adopted and the deprived action terminates, the child support case is assigned as described in (A) and (B) of this paragraph.
(A) When there is an existing child support order prior to the child(ren) entering foster care, the case is assigned to the district office serving the county where the order was established.
(B) When there is no existing child support order prior to the child(ren) entering foster care, and a child support order is established during the deprived action, the case is assigned to the district office serving the county where the NCP resides.

Notes

Okla. Admin. Code § 340:25-5-124.3
Added at 24 Ok Reg 1301, eff 7-1-07; Amended at 25 Ok Reg 1307, eff 7-1-08; Amended at 26 Ok Reg 1245, eff 7-1-09
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016 Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021

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