reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 3 - Conditions of Eligibility - Need › Part 5 - ASSISTANCE PAYMENTS › Section 340:10-3-59 - Assistance benefits

Current through Vol. 41, No. 20, July 1, 2024
(a)
Availability of funds.
The Oklahoma Human Services (OKDHS)
				  Temporary Assistance for Needy Families (TANF) Cash Assistance Program is
				  funded by a federal TANF block grant. In the event of insufficient block grant
				  funds, the program may be terminated or benefits not paid during the
				  insufficiency period.
(b)
Maximum benefits.
The maximum benefit a TANF assistance unit is
				  eligible to receive cannot exceed a nine-person payment standard, per OKDHS
				  Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule IX. A
				  TANF eligible child(ren) who is not a blood-related sibling to the other TANF
				  eligible child(ren) must receive benefits in a separate case, per Oklahoma
				  Administrative Code (OAC)
				  340:10-3-56(a).
(c)
Minimum payments.
The
				  minimum TANF benefit paid to a recipient is $10 unless the payment is reduced
				  to recoup an overpayment, per OAC
				  340:65-9-6. When the TANF cash
				  assistance benefit would be less than $10, a benefit does not issue. The TANF
				  benefit remains in open status and, when applicable, per OAC 340:10-2, the
				  parent or needy caretaker is subject to TANF Work participation rules. The
				  assistance unit remains eligible for SoonerCare (Medicaid) and may continue to
				  receive food benefits in this case, when eligible.
(d)
Payment to minors.
Minors
				  may be the adult payee for TANF on behalf of others when the minor assumes the
				  responsibilities of an adult and meets all conditions of eligibility for TANF.
				  For rules regarding when a minor parent may not be considered part of the
				  assistance unit, refer to OAC
				  340:10-3-56(a)(3)(O).
(e)
Pregnant recipients.
A
				  pregnant TANF recipient who does not have any other children in the assistance
				  unit qualifies as a one-person household, per Appendix C-1, Schedule IX.A,
				  until the child's birth. After the birth, the worker adds the child to the
				  assistance unit.
(f)
Overpayments.
When the recipient received assistance but did not
				  meet all conditions of eligibility, refer to OAC 340:65-9 for overpayment
				  procedures.
(g)
Flat grant
				  system and use of benefits.
The flat grant system of budgeting was
				  developed to determine the extent of need based on the number of eligible
				  persons.
(1) A flat grant precludes any
				  agreement on the part of OKDHS to pay or guarantee payment for goods or
				  services provided to recipients by vendors in lieu of a monetary
				  payment.
(2) OKDHS issues TANF cash
				  assistance by debit card or direct deposit, per OAC
				  340:65-3-6.
(3) OKDHS does not restrict where the
				  recipient uses the TANF benefit, except per OAC
				  340:10-1-3(13).
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 3 - Conditions of Eligibility - Need › Part 5 - ASSISTANCE PAYMENTS › Section 340:10-3-59 - Assistance benefits

Current through Vol. 41, No. 20, July 1, 2024
(a)
Availability of funds.
The Oklahoma Department of Human Services
				  (DHS) Temporary Assistance for Needy Families (TANF) Cash Assistance Program is
				  funded by a federal TANF block grant. In the event of insufficient block grant
				  funds, the program may be terminated or benefits not paid during the
				  insufficiency period.
(b)
Maximum benefits.
The maximum benefit a TANF assistance unit is
				  eligible to receive cannot exceed a nine-person payment standard, per DHS
				  Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule IX. A
				  TANF eligible child(ren) who is not a blood-related sibling to the other TANF
				  eligible child(ren) must receive benefits in a separate case, per Oklahoma
				  Administrative Code (OAC)
				  340:10-3-56(a).
(c)
Minimum payments.
The minimum TANF benefit paid to a recipient is $10 unless the payment is
				  reduced to recoup an overpayment, per OAC
				  340:65-9-6.
				  When the TANF cash assistance benefit would be less than $10, a benefit does
				  not issue. The TANF benefit remains in open status and, when applicable, per
				  OAC 340:10-2, the parent or needy caretaker is subject to TANF Work
				  participation rules. The assistance unit remains eligible for SoonerCare
				  (Medicaid) and may continue to receive food benefits in this case, when
				  eligible.
(d)
Payment to
				  minors.
Minors may be considered as the adult payee for TANF on behalf
				  of others when the minor assumes the responsibilities of an adult and meets all
				  conditions of eligibility for TANF. For rules regarding when a minor parent may
				  not be considered part of the assistance unit, refer to OAC
				  340:10-3-56(a)(3)(O).
(e)
Overpayments.
When the recipient received assistance but did not meet all conditions of
				  eligibility, refer to OAC 340:65-9 for overpayment procedures.
(f)
Flat grant system and use of
				  benefits.
The flat grant system of budgeting was developed to determine
				  the extent of need based on the number of eligible persons.
(1) A flat grant precludes any agreement on
				  the part of DHS to pay or guarantee payment for goods or services provided to
				  recipients by vendors in lieu of a monetary payment.
(2) DHS issues TANF cash assistance by debit
				  card or direct deposit, per OAC
				  340:65-3-6.
(3) DHS does not restrict where
				  the recipient uses the TANF benefit, except per OAC
				  340:10-1-3(13).
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 3 - Conditions of Eligibility - Need › Part 7 - TRANSITIONAL BENEFITS › Section 340:10-3-75 - Continued medical benefits (CMB)

Current through Vol. 41, No. 20, July 1, 2024
(a)
Conditions for CMB.
The Temporary Assistance for Needy Families
				  (TANF) assistance unit is eligible to receive CMB for the time period described
				  in (b) or (c) of this Section following TANF benefit closure due to child or
				  spousal support receipt or new or increased earnings of the TANF payee provided
				  the payee is included in the benefit, per Section 408 of the Social Security
				  Act, Section 608 of Title 42 of the United States Code. The medical coverage
				  for CMB recipients is the same as for TANF recipients. CMB eligibility begins
				  effective the TANF benefit closure date or the effective date of closure had
				  the income been reported timely. Only persons included in the assistance unit
				  when the TANF benefit is closed are eligible for CMB. To be eligible for CMB
				  the assistance unit must meet all of the requirements listed in (1) - (5) of
				  this subsection.
(1) At least one member
				  received TANF in at least three of the six months immediately preceding the
				  month the TANF benefit closed.
(2)
				  The payee must be included in the TANF benefit in the month of closure and
				  remain as payee during CMB receipt.
(3) The assistance unit did not fraudulently
				  receive TANF benefits in the six months preceding TANF closure. Refer to
				  Oklahoma Administrative Code (OAC)
				  340:65-9-4 for fraudulent
				  receipt rules.
(4) The assistance
				  unit must include an eligible child.
(A) An
				  eligible child is a child who is included in the TANF cash assistance benefit
				  in the closure month and continues to meet age requirements, per OAC
				  340:10-5-1 and relationship
				  requirements, per OAC
				  340:10-9-1
				  while receiving CMB.
(B) A child
				  who is not included in the TANF cash assistance benefit because of Supplemental
				  Security Income receipt is also considered an eligible child when he or she is
				  the only child in the home meeting age and relationship requirements.
(C) The eligible child must have
				  met deprivation requirements, per OAC
				  340:10-10-1
				  prior to TANF benefit closure but is not subject to deprivation requirements
				  during the CMB eligibility period.
(5) The payee must comply with Soonercare
				  (Medicaid) citizenship and identity verification rules, per OAC
				  317:35-5-25.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 3 - Conditions of Eligibility - Need › Part 7 - TRANSITIONAL BENEFITS › Section 340:10-3-76 - Closure due to child support or spousal support [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
					 527, eff 12-8-92 (emergency); Revoked at 10 Ok Reg 2813, eff
					 6-25-93
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 3 - Conditions of Eligibility - Need › Part 7 - TRANSITIONAL BENEFITS › Section 340:10-3-77 - Closure due to loss or reduction of earned income exemption [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
					 527, eff 12-8-92 (emergency); Revoked at 10 Ok Reg 2813, eff
					 6-25-93
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 3 - Conditions of Eligibility - Need › Part 7 - TRANSITIONAL BENEFITS › Section 340:10-3-78 - Closure due to new or increased earnings of caretaker relative [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
					 527, eff 12-8-92 (emergency); Revoked at 10 Ok Reg 2813, eff
					 6-25-93
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 3 - Conditions of Eligibility - Need › Part 7 - TRANSITIONAL BENEFITS › Section 340:10-3-79 - Reporting [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
					 527, eff 12-8-92 (emergency); Revoked at 10 Ok Reg 2813, eff
					 6-25-93
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 3 - Conditions of Eligibility - Need › Part 7 - TRANSITIONAL BENEFITS › Section 340:10-3-80 - Procedures - continued medical benefits at Temporary Assistance for Needy Families (TANF) case closure [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 527, eff 12-8-92 (emergency); Amended at 10 Ok Reg 2813, eff 6-25-93; Amended
					 at 14 Ok Reg 947, eff 2-1-97 (emergency); Amended at 14 Ok Reg 1310, eff
					 5-12-97; Revoked at 17 Ok Reg 2271, eff 5-1-00
					 (preemptive)
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 3 - Conditions of Eligibility - Need › Part 7 - TRANSITIONAL BENEFITS › Section 340:10-3-81 - Adjustment period

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scope.
In an effort to promote marriage and provide a more secure
				  and stable family situation, an adjustment period up to three months of the
				  existing Temporary Assistance for Needy Families (TANF) benefit may be approved
				  by the worker. The intent of the adjustment period is to assist the family in
				  the payment of outstanding bills and to allow for the gradual assumption of
				  financial responsibilities.
(1) When a TANF
				  recipient marries and the income of the spouse will close the case, an
				  adjustment period may be made available to the family.
(2) If deprivation ends for the child(ren)
				  when the spouse returns home and he or she is not incapacitated or does not
				  meet the unemployed parent policy, an adjustment period may be made available
				  to the family.
(3) At the time the
				  recipient reports his or her marriage or the return of the spouse, it is the
				  responsibility of the worker to discuss the adjustment period with the family
				  to determine possible eligibility.
(4) The marriage of the recipient or return
				  of the spouse must be reported timely. If the TANF recipient fails to report
				  the marriage or return of the absent spouse, the number of months of benefits
				  approved is adjusted accordingly.
(5) The TANF recipient must be made aware the
				  receipt of an adjustment period counts towards the 60-month lifetime limit of
				  receipt of TANF.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 4 - Conditions of Eligibility - Mandatory Drug Screening › Section 340:10-4-1 - Mandatory Drug Screening

Current through Vol. 41, No. 20, July 1, 2024
(a) Per Section
				230.52 of Title 56 of the Oklahoma
				Statues, adult parents, or needy caretakers who apply for Temporary Assistance
				for Needy Families (TANF) cash assistance are screened for illegal use of a
				controlled substance. This screening is necessary to ensure that children are
				safe in their own homes by ensuring their adult parent(s) or needy caretaker is
				not using or is not under the influence of illegal substances. Minor parents
				under 18 years of age are exempt from the provisions in this Section.
(b) The minimum drug screening includes a
				Substance Abuse Subtle Screening Inventory (SASSI). Additional screening
				methods may be used based on the person's history with Oklahoma Human Services
				(OKDHS). When the SASSI screening results high probability, high defense, or
				invalid, or the client self-declares a substance abuse problem, the client
				completes a chemical drug screen.
(1) When
				drug screening results indicate low probability or are negative for the illegal
				use of a controlled substance, the worker does not include substance abuse
				treatment or mental health counseling as a part of the adult parent's or needy
				caretaker's employability plan.
(2)
				When the chemical drug screen shows a positive result for an illegal substance,
				the:
(A) adult parent or needy caretaker must
				participate in substance abuse treatment or mental health counseling as a part
				of the employability plan, per Oklahoma Administrative Code
				340:10-2-3; and
(B) worker considers whether a referral to
				the Child Abuse and Neglect Hotline at 1-800-522-3511 is appropriate given the
				circumstances surrounding the positive result and the statutory requirements in
				Section 1-2-101 of Title 10A of the
				Oklahoma Statutes (10A O.S. §1-2-101), 10A O.S. § 1-1-105(23), and
				10A § 1-1-105(49).
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 4 - Conditions of Eligibility - Mandatory Drug Screening › Section 340:10-4-1 - Mandatory Drug Screening

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Per Section
				230.52 of Title 56 of the Oklahoma
				Statues, adult parents, or needy caretakers who apply for Temporary Assistance
				for Needy Families (TANF) cash assistance are required to be screened for
				illegal use of a controlled substance or substances. This screening is
				necessary to ensure that children are safe in their own homes by ensuring their
				adult parent(s) or needy caretaker is not using or is not under the influence
				of illegal substances. TANF child-only cases and minor parents under 18 years
				of age are exempt from the provisions in this Section.
(b) At any point Oklahoma Human Services
				(OKDHS) has reasonable cause to believe the adult parent or needy caretaker
				currently receiving TANF cash assistance is engaged in the illegal use of a
				controlled substance or substances, the adult parent or needy caretaker is
				required to be screened. OKDHS requests a chemical drug screen. Behaviors OKDHS
				or community resource partners observe and report that might indicate illegal
				use of a controlled substance or substances include, but are not limited to:
(1) slurred speech;
(2) unsteady gait;
(3) inability to focus;
(4) lethargy;
(5) excessive nervousness or
				agitation;
(6) showing flat affect
				or no emotion;
(7) inappropriate
				responses to questions;
(8)
				inappropriate anger or hostility;
(9) excessive worry;
(10) facial tics or muscle spasms;
(11) erratic attendance in TANF Work
				activities;
(12) lack of follow
				through with agreed upon plans; or
(13) government or law enforcement documents
				indicating the person was engaged in the illegal possession or use of a
				controlled substance or substances within the last 30-calendar
				days.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 5 - Conditions of Eligibility - Age › Section 340:10-5-1 - Age

Current through Vol. 41, No. 20, July 1, 2024
(a)
Age
				requirement.
A child meets the age requirement to receive Temporary
				Assistance for Needy Families (TANF) from birth through the month he or she
				turns:
(1) 18 years of age; or
(2) 19 years of age when he or she attends
				school full time, per Oklahoma Administrative Code (OAC)
				340:10-13-1 and expects to
				graduate during or before the month he or she turns 19 years of
				age.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 5 - Conditions of Eligibility - Age › Section 340:10-5-1 - Age

Current through Vol. 41, No. 20, July 1, 2024
(a)
Age
				requirement.
A child meets the age requirement to receive Temporary
				Assistance for Needy Families (TANF) through the month he or she turns:
(1) 18 years of age; or
(2) 19 years of age when he or she attends
				school full time, per Oklahoma Administrative Code (OAC)
				340:10-13-1 and
				expects to graduate during or before the month he or she turns 19 years of
				age.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 7 - Conditions of Eligibility - Residence › Section 340:10-7-1 - Residence

Current through Vol. 41, No. 20, July 1, 2024
(a)
Residency
				requirement.
A person must be an Oklahoma resident to receive Temporary
				Assistance for Needy Families (TANF). A person's statement that he or she is an
				Oklahoma resident and is not residing in Oklahoma for a temporary purpose is
				sufficient when consistent with other known facts. When the statement is
				inconsistent with other known facts, further substantiation is necessary.
(1) Once residency is established, a person
				does not lose Oklahoma residency status when he or she:
(A) is removed from Oklahoma against his or
				her will and held in another state, for example, when the person is sent to a
				federal prison; or
(B) goes
				out-of-state to look for a job or to attend school.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 7 - Conditions of Eligibility - Residence › Section 340:10-7-2 - Homeless individuals [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg
				  153, eff 10-10-93 (emergency); Amended at 11 Ok Reg 1639, eff 5-12-94; Amended
				  at 17 Ok Reg 2271, eff 5-1-00 (preemptive)
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 7 - Conditions of Eligibility - Residence › Section 340:10-7-3 - Institutional residence [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg
				  153, eff 10-10-93 (emergency); Amended at 11 Ok Reg 1639, eff 5-12-94; Amended
				  at 15 Ok Reg 145, eff 11-1-97 (emergency); Amended at 15 Ok Reg 1602, eff
				  5-11-98; Revoked at 17 Ok Reg 2271, eff 5-1-00
				  (preemptive)
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 9 - Conditions of Eligibility - Relationship of Payee to Child › Section 340:10-9-1 - Relationship of payee to child

Current through Vol. 41, No. 20, July 1, 2024
(a)
Specified degree of relationship.
To be eligible to receive
				Temporary Assistance for Needy Families (TANF), in addition to other
				qualifications, a child must be living with a person having a specified degree
				of relationship in a place of residence maintained by one or more of such
				relatives as his or her own home. An otherwise eligible person is not denied
				assistance solely because the home is not a fixed address or does not have a
				mailing address. An individual is recognized as meeting the specified degree of
				relationship if the individual is related within the fifth degree of kinship.
				It is only when the child is living with a person of one of these degrees of
				relationship that there is an eligible payee for the TANF benefit.
(1)
Related by blood.
Blood
				lines remain intact in terms of legal responsibility except when parental
				rights are terminated or the child is legally adopted by someone else. Blood
				relatives, including half blood, are:
(A)
				parent(s) including a natural parent even if the child is legally adopted and
				deprivation is based on the absence of the adoptive parent(s);
(B) siblings;
(C) grandparent(s) including those denoted by
				prefixes of great, great-great, and great-great-great;
(D) aunt(s) and uncle(s) including those
				denoted by the prefixes of great and great-great;
(E) niece(s) and nephew(s) including those
				denoted by prefixes of grand and great-grand; and
(F) first cousin(s) and first cousin(s) once
				removed.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 9 - Conditions of Eligibility - Relationship of Payee to Child › Section 340:10-9-2 - Definition of "living with a relative" [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
				  527, eff 12-8-92 (emergency); Amended at 10 Ok Reg 2813, eff 6-25-93; Amended
				  at 10 Ok Reg 4337, eff 7-19-93 (emergency); Amended at 11 Ok Reg 1639, eff
				  5-12-94; Amended at 13 Ok Reg 281, eff 5-18-95 (emergency); Amended at 13 Ok
				  Reg 2167, eff 6-14-96; Revoked at 17 Ok Reg 2271, eff 5-1-00
				  (preemptive)
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 9 - Conditions of Eligibility - Relationship of Payee to Child › Section 340:10-9-3 - Verification of relationship [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
				  527, eff 12-8-92 (emergency); Amended at 10 Ok Reg 2813, eff 6-25-93; Amended
				  at 11 Ok Reg 153, eff 10-10-93 (emergency); Amended at 11 Ok Reg 1023, eff
				  1-1-94; Amended at 11 Ok Reg 1639, eff 5-12-94; Amended at 12 Ok Reg 373, eff
				  11-17-94 (emergency); Amended at 12 Ok Reg 1159, eff 5-11-95; Amended at 13 Ok
				  Reg 435, eff 9-1-95 (emergency); Amended at 13 Ok Reg 2167, eff 6-14-96;
				  Revoked at 17 Ok Reg 2271, eff 5-1-00
				  (preemptive)
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 10 - Conditions of Eligibility - Deprivation › Section 340:10-10-1 - Deprivation of parental support or care by a natural or adoptive parent

Current through Vol. 41, No. 20, July 1, 2024
(a) A child is
				eligible for Temporary Assistance for Needy Families (TANF) if, in addition to
				meeting other conditions of eligibility, he or she is deprived of parental
				support or care of at least one natural or adoptive parent(s). The deprivation
				of parental support or care does not apply before the child's birth.
(1) When there is one parent in the home,
				deprivation of parental support is based on the:
(A) death of the other parent; or
(B) continued absence from the home and
				failure to provide maintenance, physical care, or guidance of the other
				parent.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 10 - Conditions of Eligibility - Deprivation › Section 340:10-10-1 - Deprivation of parental support or care by a natural or adoptive parent

Current through Vol. 41, No. 20, July 1, 2024
(a) A child is
				eligible for Temporary Assistance for Needy Families (TANF) if, in addition to
				meeting other conditions of eligibility, he or she is deprived of parental
				support or care of at least one natural or adoptive parent(s).
(1) When there is one parent in the home,
				deprivation of parental support is based on the:
(A) death of the other parent; or
(B) continued absence from the home and
				failure to provide maintenance, physical care, or guidance of the other
				parent.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 10 - Conditions of Eligibility - Deprivation › Section 340:10-10-2 - Physical or mental incapacity of the natural or adoptive parent

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scope and
				applicability.
The physical or mental incapacity of a natural or
				adoptive parent exists when one parent has a physical or mental illness or
				impairment that substantially reduces or eliminates the parent's ability to
				support or care for his or her child(ren). To be considered incapacitated, the
				parent's illness or impairment must be expected to last for at least a
				30-calendar day period. The physical or mental incapacity must be supported by
				competent medical and social evidence.
(1)
				Both parents may be included in the assistance unit when either parent is
				incapacitated regardless of whether the parent who is not incapacitated is
				employedor the incapacitated parent's usual function as a homemaker or wage
				earner.
(2) The reduction of the
				ability to provide support to an eligible child is not the same as the
				inability to perform work. A parent may be working or capable of work but still
				be incapacitated for the purposes of establishing eligibility for Temporary
				Assistance for Needy Families (TANF). The criterion is the reduced ability of
				the parent to provide support or care, not the parent's employability.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 10 - Conditions of Eligibility - Deprivation › Section 340:10-10-3 - Unemployed parent

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
Deprivation for the child(ren) may be established
				when both natural or adoptive parents reside with the child(ren) and the parent
				determined to be the principal wage earner (PWE), per (b) of this Section,
				meets the conditions to qualify as unemployed, per (c) of this
				Section.
(b)
PWE
				designation.
The PWE is defined as the parent who earned the most gross
				income during the 24-month period ending with the month prior to the Temporary
				Assistance for Needy Families (TANF) application. The PWE designation is made
				regardless of when the parent's relationship began or when the parent(s) began
				residing with the child(ren). The employment or receipt of unemployment
				insurance benefits (UIB) of the parent not designated as the PWE is not a
				factor in determining deprivation.
(1)
Earnings documentation.
The assistance unit is responsible for
				verifying the source and gross amount of each parent's earnings and dates
				received for the prior 24-month period to the best of its ability. Acceptable
				documentation includes:
(A) previously
				verified earnings documented in Oklahoma Human Services (OKDHS) case
				records;
(B) employer verbal or
				written statements;
(C) pay
				stubs;
(D) Income Eligibility
				Verification System (IEVS), also referred to as data exchange information,
				Oklahoma Wage Link (OWL) or Oklahoma Wage (OWG);
(E) federal or state tax returns;
(F) employee W-2 forms; or
(G) when self-employed, gross and net
				earnings from tax returns or business records.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 10 - Conditions of Eligibility - Deprivation › Section 340:10-10-3 - Unemployed parent

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
Deprivation for the child(ren) may be established
				when both natural or adoptive parents reside with the child(ren) and the parent
				determined to be the principal wage earner (PWE), per (b) of this Section,
				meets the conditions to qualify as unemployed, per (c) of this Section.
(b)
PWE designation.
The PWE is defined as the parent who earned the most gross income during the
				24-month period ending with the month prior to the Temporary Assistance for
				Needy Families (TANF) application. The PWE designation is made regardless of
				when the parent's relationship began or when the parent(s) began residing with
				the child(ren). The employment or receipt of unemployment insurance benefits
				(UIB) of the parent not designated as the PWE is not a factor in determining
				deprivation.
(1)
Earnings
				documentation.
The assistance unit is responsible for verifying the
				source and gross amount of each parent's earnings and dates received for the
				prior 24-month period to the best of its ability. Acceptable documentation
				includes:
(A) previously verified earnings
				documented in Oklahoma Human Services (OKDHS) case records;
(B) employer verbal or written statements;
(C) pay stubs;
(D) Income Eligibility Verification System
				(IEVS), also referred to as data exchange information, Oklahoma Wage Link
				(OWL)or Oklahoma Wage (OWG);
(E)
				federal or state tax returns;
(F)
				employee W-2 forms; or
(G) when
				self-employed, gross and net earnings from tax returns or business records.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 10 - Conditions of Eligibility - Deprivation › Section 340:10-10-4 - Continued absence of the natural or adoptive parent(s) from the home

Current through Vol. 41, No. 20, July 1, 2024
(a)
Determining absence.
Continued absence of the natural or adoptive
				parent(s) from the home constitutes a reason for deprivation of parental care.
(1) The applicant or recipient must be the
				primary caretaker of the child(ren) to be eligible due to the absence of the
				other parent. A single parent of an unborn child does meet this requirement.
(2) When both parents exercise
				responsibility for the child(ren), provide day-to-day care, share maintenance,
				physical care, and guidance for the child(ren), deprivation does not exist.
				When one of these conditions is not met, the child(ren) is deprived of parental
				care.
(3) The absence of the parent
				must interrupt or stop the parent's functioning as a provider of maintenance,
				physical care, or guidance for the child(ren). The amount of time the parent
				has been absent is not considered when determining deprivation based on
				absence.
(4) A child is not
				considered deprived due to absence when the parent is out of the home due
				solely to employment, looking for employment, education, or active duty in the
				United States uniformed services.
(5) A parent(s) who is a convicted offender
				but is permitted to live at home while serving a court-imposed sentence by
				performing unpaid public work or unpaid community service during the workday is
				considered absent from the home.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 10 - Conditions of Eligibility - Deprivation › Section 340:10-10-4 - Continued absence of the natural or adoptive parent(s) from the home

Current through Vol. 41, No. 20, July 1, 2024
(a)
Determining absence.
Continued absence of the natural or adoptive
				parent(s) from the home constitutes a reason for deprivation of parental care.
(1) The applicant or recipient must be the
				primary caretaker of the child(ren) in order to be eligible due to the absence
				of the other parent.
(2) When both
				parents exercise responsibility for the child(ren), provide day-to-day care,
				share maintenance, physical care, and guidance for the child(ren), deprivation
				does not exist. When one of these conditions is not met, the child(ren) is
				deprived of parental care.
(3) The
				absence of the parent must interrupt or stop the parent's functioning as a
				provider of maintenance, physical care, or guidance for the child(ren). The
				amount of time the parent has been absent is not considered when determining
				deprivation based on absence.
(4) A
				child is not considered deprived due to absence when the parent is out of the
				home due solely to employment, looking for employment, education, or active
				duty in the United States uniformed services.
(5) A parent(s) who is a convicted offender
				but is permitted to live at home while serving a court-imposed sentence by
				performing unpaid public work or unpaid community service during the workday is
				considered absent from the home.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 10 - Conditions of Eligibility - Deprivation › Section 340:10-10-6 - Good cause

Current through Vol. 41, No. 20, July 1, 2024
(a)
Cooperation.
When deprivation is based on absence, the custodial
				parent is required to cooperate in pursuing child support, per Oklahoma
				Administrative Code (OAC)
				340:10-10-5,
				unless there is a good cause reason not to cooperate. When the client claims
				good cause, it is expected that a good cause determination be made with the
				same degree of promptness as the determination of Temporary Assistance for
				Needy Families (TANF) eligibility unless there are difficulties in gathering
				needed information.
(b)
Basis
				for client to claim good cause.
To claim good cause for not cooperating
				with child support, the client must provide or Oklahoma Human Services (OKDHS)
				must obtain documentary evidence when available, per (d) of this Section that
				shows it is not in the best interest of the child or the applicant or recipient
				to pursue support.
(1) It is clear that the
				physical safety and well-being of the custodial parent or caretaker relative
				are relevant to the child's best interest determination when an adverse impact
				on the custodial parent or caretaker relative will have an adverse impact upon
				the child. When cooperation by the mother in establishing paternity or securing
				support could subject her to physical or emotional harm, such cooperation is
				against the child's best interest when harm to the mother is sufficiently
				severe to affect her ability to care for the child adequately.
(2) OKDHS determines that the client has good
				cause for refusing to cooperate only when:
(A) there is possible physical or emotional
				harm to the child;
(B) or the
				parent or caretaker relative-payee;
(C) the child was conceived as a result of
				incest or forcible rape;
(D) legal
				proceedings for adoption of the child are pending before a court; or
(E) the client is currently being assisted by
				an attorney or a public or licensed private social agency to decide whether to
				keep the child or relinquish the child for adoption.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 11 - Conditions of Eligibility - Deprivation of Parental Support or Care by a Natural or Adoptive Parent [Revoked] › Section 340:10-11-1 - Deprivation of parental support or care by a natural or adoptive parent [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
				  3587, eff 7-24-92 (emergency); Amended at 10 Ok Reg 3601, eff 7-12-93; Revoked
				  at 17 Ok Reg 444, eff 11-1-99 (emergency); Revoked at 17 Ok Reg 2075, eff
				  7-1-00
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 11 - Conditions of Eligibility - Deprivation of Parental Support or Care by a Natural or Adoptive Parent [Revoked] › Section 340:10-11-2 - Procedures for determining continued absence [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
				  3587, eff 7-24-92 (emergency); Amended at 10 Ok Reg 3601, eff 7-12-93; Amended
				  at 12 Ok Reg 3564, eff 8-3-95 (emergency); Amended at 13 Ok Reg 439, eff
				  11-14-95 (emergency); Amended at 13 Ok Reg 2167, eff 6-14-96; Revoked at 17 Ok
				  Reg 444, eff 11-1-99 (emergency); Revoked at 17 Ok Reg 2075, eff
				  7-1-00
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 11 - Conditions of Eligibility - Deprivation of Parental Support or Care by a Natural or Adoptive Parent [Revoked] › Section 340:10-11-3 - Requirement for assignment of support rights and cooperation [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
				  3587, eff 7-24-92 (emergency); Amended at 10 Ok Reg 3601, eff 7-12-93; Amended
				  at 15 Ok Reg 145, eff 11-1-97 (emergency); Amended at 15 Ok Reg 1602, eff
				  5-11-98; Revoked at 17 Ok Reg 444, eff 11-1-99 (emergency); Revoked at 17 Ok
				  Reg 2075, eff 7-1-00
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 11 - Conditions of Eligibility - Deprivation of Parental Support or Care by a Natural or Adoptive Parent [Revoked] › Section 340:10-11-4 - Good cause [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
				  3587, eff 7-24-92 (emergency); Amended at 10 Ok Reg 3601, eff 7-12-93; Amended
				  at 12 Ok Reg 3564, eff 8-3-95 (emergency); Amended at 13 Ok Reg 2167, eff
				  6-14-96; Amended at 15 Ok Reg 145, eff 11-1-97 (emergency); Amended at 15 Ok
				  Reg 1602, eff 5-11-98; Revoked at 17 Ok Reg 444, eff 11-1-99 (emergency);
				  Revoked at 17 Ok Reg 2075, eff 7-1-00
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 11 - Conditions of Eligibility - Deprivation of Parental Support or Care by a Natural or Adoptive Parent [Revoked] › Section 340:10-11-5 - Protective payments [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 15 Ok Reg
				  145, eff 11-1-97 (emergency); Revoked at 15 Ok Reg 1602, eff
				  5-11-98
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 11 - Conditions of Eligibility - Deprivation of Parental Support or Care by a Natural or Adoptive Parent [Revoked] › Section 340:10-11-6 - Department responsibilities in relation to support payments [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
				  3587, eff 7-24-92 (emergency); Amended at 10 Ok Reg 3601, eff 7-12-93; Amended
				  at 13 Ok Reg 439, eff 11-14-95 (emergency); Amended at 13 Ok Reg 2167, eff
				  6-14-96; Amended at 15 Ok Reg 145, eff 11-1-97 (emergency); Amended at 15 Ok
				  Reg 374, eff 1-1-98 (emergency); Amended at 15 Ok Reg 1602, eff 5-11-98;
				  Revoked at 17 Ok Reg 444, eff 11-1-99 (emergency); Revoked at 17 Ok Reg 2075,
				  eff 7-1-00
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 11 - Conditions of Eligibility - Deprivation of Parental Support or Care by a Natural or Adoptive Parent [Revoked] › Section 340:10-11-7 - Physical or mental incapacity of natural or adoptive parent [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
				  3587, eff 7-24-92 (emergency); Amended at 10 Ok Reg 3601, eff 7-12-93; Revoked
				  at 17 Ok Reg 444, eff 11-1-99 (emergency); Revoked at 17 Ok Reg 2075, eff
				  7-1-00
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 11 - Conditions of Eligibility - Deprivation of Parental Support or Care by a Natural or Adoptive Parent [Revoked] › Section 340:10-11-8 - Transportation and subsistence necessary to determine incapacity [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
				  3587, eff 7-24-92 (emergency); Amended at 10 Ok Reg 3601, eff 7-12-93; Revoked
				  at 17 Ok Reg 444, eff 11-1-99 (emergency); Revoked at 17 Ok Reg 2075, eff
				  7-1-00
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 11 - Conditions of Eligibility - Deprivation of Parental Support or Care by a Natural or Adoptive Parent [Revoked] › Section 340:10-11-9 - Determination of incapacity at specified times other than at time of application [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
				  3587, eff 7-24-92 (emergency); Amended at 10 Ok Reg 3601, eff 7-12-93; Revoked
				  at 17 Ok Reg 444, eff 11-1-99 (emergency); Revoked at 17 Ok Reg 2075, eff
				  7-1-00
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 11 - Conditions of Eligibility - Deprivation of Parental Support or Care by a Natural or Adoptive Parent [Revoked] › Section 340:10-11-10 - Need for physical restoration and/or training [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
				  3587, eff 7-24-92 (emergency); Amended at 10 Ok Reg 3601, eff 7-12-93; Revoked
				  at 17 Ok Reg 444, eff 11-1-99 (emergency); Revoked at 17 Ok Reg 2075, eff
				  7-1-00
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 11 - Conditions of Eligibility - Deprivation of Parental Support or Care by a Natural or Adoptive Parent [Revoked] › Section 340:10-11-11 - Notification of denial or closure [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
				  3587, eff 7-24-92 (emergency); Amended at 10 Ok Reg 3601, eff 7-12-93; Revoked
				  at 17 Ok Reg 444, eff 11-1-99 (emergency); Revoked at 17 Ok Reg 2075, eff
				  7-1-00
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 11 - Conditions of Eligibility - Deprivation of Parental Support or Care by a Natural or Adoptive Parent [Revoked] › Section 340:10-11-12 - Unemployed parent [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
				  3587, eff 7-24-92 (emergency); Amended at 10 Ok Reg 3601, eff 7-12-93; Amended
				  at 11 Ok Reg 1023, eff 1-1-94 (preemptive); Amended at 13 Ok Reg 935, eff
				  1-24-95 (emergency); Amended at 13 Ok Reg 281, eff 5-18-95 (emergency); Amended
				  at 12 Ok Reg 3536, eff 6-16-95 (emergency); Amended at 13 Ok Reg 2167, eff
				  6-14-96; Amended at 15 Ok Reg 145, eff 11-1-97 (emergency); Amended at 15 Ok
				  Reg 1602, eff 5-11-98; Revoked at 17 Ok Reg 444, eff 11-1-99 (emergency);
				  Revoked at 17 Ok Reg 2075, eff 7-1-00
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 12 - Conditions of Eligibility - Social Security Numbers › Section 340:10-12-1 - Social Security number (SSN)

Current through Vol. 41, No. 20, July 1, 2024
Federal regulations require a SSN or application for a SSN
				  for each individual determined eligible for Temporary Assistance for Needy
				  Families (TANF). The individual's needs are included in the TANF benefit with a
				  25% penalty reduction of the payment standard until a SSN is applied for or
				  provided for that individual(s). The 25% penalty is removed effective the date
				  the SSN is applied for or provided.
Added at 15 Ok Reg 145,
				  eff 11-1-97 (emergency); Added at 15 Ok Reg 1602, eff 5-11-98; Amended at 21 Ok
				  Reg 814, eff 5-1-04
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 13 - Conditions of Eligibility - School Attendance › Section 340:10-13-1 - School attendance

Current through Vol. 41, No. 20, July 1, 2024
(a)
School attendance requirement.
Regular school attendance is a
				Temporary Assistance for Needy Families (TANF) eligibility condition for each
				child eligible for kindergarten through 18 years of age unless the child is
				home educated, per the Oklahoma constitution and Section
				230.66
				of Title 56 of the Oklahoma State Statutes (56 O.S. § 230.66). High school
				equivalency (HSE) , alternative high schools, or virtual schools meet this
				requirement.
(1) When the worker determines
				that a school age child receiving TANF is not attending school regularly, the
				TANF cash assistance must be reduced by 25 percent of the payment standard, per
				Section 604(i) of Title 42 of the United States Code, 56 O.S. §
				230.52(c)(3), and Oklahoma Administrative Code
				340:10-3-57(g).
(2) The 25 percent penalty is removed the
				next effective date after the parent or caretaker relative provides
				verification the child is attending school. At application and at each renewal
				, the worker verifies regular school attendance for each child in the family.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 14 - Conditions of Eligibility - Immunizations › Section 340:10-14-1 - Immunizations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scope.
Sections
				230.52,
				230.56,
				and
				230.65
				of Title 56 of the Oklahoma Statutes and Section 608 of Title 42 of the United
				States Code address Temporary Assistance for Needy Families (TANF) recipients'
				responsibility to immunize their children. Immunization of minor children two
				months of age and older is a variable condition of eligibility that must be
				addressed before certification and at renewal. The parent or caretaker relative
				must provide proof that each child is current on age-appropriate immunizations
				within 90-calendar days of certification and when additional immunizations
				become due in the future unless he or she requests and, is approved for a good
				cause exemption, per (b) of this Section. Refer to the Oklahoma State
				Department of Health (OSDH) website at www.ok.gov/health/ for current
				immunization schedules and vaccination information. Proof of immunization
				includes providing a copy of the vaccination record issued by the local health
				official or a licensed physician.
(1) When
				the minor child attends a licensed child care center or home or a parochial,
				private, or public school, proof of current immunization is not required as
				each of these entities require proof of immunization or a signed OSDH Form
				216-A, Certificate of Exemption, on file with OSDH as a condition of
				attendance.
(2) When the child does
				not attend a facility, per (a)(1) of this Section and the client fails to
				provide proof of current immunization within 90-calendar days without good
				cause, the worker reduces the TANF cash assistance by 25 percent of the payment
				standard, per Oklahoma Administrative Code
				340:10-3-57(g).
				The worker removes the 25 percent penalty the next effective date after the
				client provides proof of current immunization.