§ 8-208. Closure of child support cases.
A. The ONCSS shall establish policy and procedures for case closure in accordance with federal child support laws for both public assistance and nonpublic assistance applicants.
B. The ONCSS may close a child support case that meets at least one of the following criteria, but is not limited to:
1. There is no longer a current support order and arrearages are under Five Hundred Dollars ($500.00) or unenforceable under tribal law;
2. The noncustodial parent or alleged father is deceased and no further action, including a levy against the estate can be taken;
3. Paternity cannot be established because:
a. A genetic test or a court or administrative process has excluded the alleged father and no other alleged father can be identified;
b. The ONCSS has determined that it would not be in the best interest of the child to establish paternity in a case that involved incest or forcible rape, or in any case where legal proceedings for adoption are pending;
c. The identity of the biological father is unknown and cannot be identified after diligent efforts, including at least one interview by the ONCSS with the recipient of services;
d. The child is at least eighteen (18) years old and paternity has not been established.
4. The noncustodial parent’s location is unknown and the Osage Nation has made diligent efforts using multiple sources, all of which have been unsuccessful, to locate the noncustodial parent:
a. Over a three-year period when there is sufficient information to initiate an automated locate effort, or
b. Over a one-year period when there is not sufficient information to initiate an automated locate effort;
5. The noncustodial parent cannot pay support for the duration of the child’s minority because the parent has been institutionalized in a psychiatric facility, is incarcerated with no chance for parole, or has a medically verified total and permanent disability with no evidence of support potential. The Osage Nation must determine that no income or assets are available to the noncustodial parent which could be levied or attached for support.
6. The noncustodial parent is a citizen of, and lives in, a foreign country or another tribal jurisdiction; does not work for the federal government or a company with headquarters or offices in the United States, and has no reachable domestic income or assets; and the Osage Nation has been unable to establish reciprocity with the country or tribe.
C. The ONCSS has provided location-only services as requested by another state or tribal child support enforcement agency.
D. The ONCSS has made a finding of good cause or other exceptions to cooperation and has determined that support enforcement may not proceed without risk or harm to the child or caretaker.
E. The ONCSS documents failure by the initiating state or tribe to take an action which is essential for the next step in providing services.
F. An applicant may request his or her case be closed provided there is no state or tribal public assistance monies owed to a state or tribe or arrearages which accrued under a support order. An applicant whose case is subsequently closed, may request at a later date the case be reopened if there is a change in circumstances which lead to the case being closed. To reopen a case, the applicant shall complete a new application for child support services.
G. The ONCSS shall not close a case when there is court-ordered support owed to a state and the support is being paid through an income assignment.
H. After a case has been closed, the ONCSS shall retain child support files and records for a minimum of three years. ONCA 12-51, eff. June 18, 2012.