Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 50 - Supplemental Nutrition Assistance Program › Subchapter 5 - Non-Financial Eligibility Criteria › Part 1 - HOUSEHOLD DEFINITION › Section 340:50-5-10.1 - Excluded household members

Current through Vol. 41, No. 20, July 1, 2024
(a)
Excluded household members.
Excluded household members may not
				  participate as a separate food benefit household. When excluded members live
				  with the food benefit household, they are excluded from the household's size
				  when determining benefits and comparing the household's monthly income with the
				  income eligibility standards. Depending on the reason they are excluded, all or
				  a portion of their income is included as countable income for the food benefit
				  household and deductible expenses may be prorated, per Section 273.11(c) of
				  Title 7 of the Code of Federal Regulations (7 C.F.R. §
											273.11(c)) . Refer to
				  Oklahoma Administrative Code (OAC)
				  340:50-7-29(d),
				  to determine how the income and expenses of excluded household members is
				  counted.
(b)
Disqualified
				  household members.
A household member may be disqualified for
				  Supplemental Nutrition Assistance Program (SNAP) food benefits, per
				  7 C.F.R. §
											273.1(b)(7) for:
(1) committing an intentional program
				  violation or fraud, per OAC
				  340:50-15-25;
(2) failing to meet work registration
				  requirements, per OAC
				  340:50-5-85
				  through OAC
				  340:50-5-89;
(3) being a fleeing felon. Per
				  7 C.F.R. §
												273.11(n)(1), for a person
				  to be considered a fleeing felon, the worker must verify:
(A) there is an outstanding arrest warrant
				  for the person issued for his or her arrest by a federal, state, or local law
				  enforcement agency or court and, the underlying cause for the warrant is for
				  committing or attempting to commit a crime that is a felony under the law of
				  the place from which the person is fleeing, or a high misdemeanor under the law
				  of New Jersey;
(B) the person is
				  aware of, or should have reasonably expected that a felony warrant was, or
				  would have been, issued;
(C) the
				  person took some action with intent to avoid being arrested or jailed;
				  and
(D) a federal, state, or local
				  law enforcement agency is actively seeking the person. "Actively seeking" is
				  when a federal, state, or local law enforcement agency:
(i) informs Oklahoma Human Services (OKDHS)
				  that it intends to enforce an outstanding felony warrant, as described in
				  (b)(3)(A) of this Section, within 20-calendar days of submitting a request for
				  information about the person to OKDHS;
(ii) presents a felony arrest warrant to
				  OKDHS that conforms to one of the National Crime Information Center uniform
				  offense classification codes, to obtain information on the location of and
				  other information about the person named in the warrant. National Crime
				  Information Center uniform offense classification codes are:
(I) escape, code 4901;
(II) flight to avoid prosecution,
				  confinement, and such, code 4902; or
(III) flight-escape, code 4999; or
(iii) states it intends to enforce
				  an outstanding felony warrant within 30-calendar days of the date of the
				  request from OKDHS about a specific outstanding felony warrant; or
(4) being a probation or
				  parole violator meeting criteria of this paragraph. Per
				  7 C.F.R. §
												273.11(n)(2), to be
				  considered a probation or parole violator, the Adult and Family Services
				  director's designee must determine that:
(A)
				  the person violated a condition of his or her probation or parole imposed under
				  federal or state law; and
(B)
				  federal, state, or local law enforcement authorities are actively seeking the
				  person to enforce the conditions of the person's probation or parole. "Actively
				  seeking" is when a federal, state, or local law enforcement agency:
(i) informs OKDHS that it intends to arrest a
				  person for a probation or parole violation within 20-calendar days of
				  submitting an information request about the person to OKDHS; or
(ii) states that it intends to arrest the
				  person for a probation or parole violation within 30-calendar days of the
				  request date from OKDHS about a specific outstanding felony warrant or parole
				  violation.