COMMENT DUE DATE:
September 2, 2008
DATE:
August 20, 2008
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 08-10
The proposed policy is Emergency . This proposal will go to the Commission meeting on
Chapter 40.CHILD CARE SERVICES
Subchapter 7. Eligibility
OAC 340:40-7-5 [AMENDED]
(Reference APA WF08-10)
SUMMARY:The proposed revisions to Subchapter 7 of Chapter 40 amend the rules regarding citizenship.Previously this section referred to Temporary Assistance for Needy Families (TANF) rules for citizenship.The TANF rules include a five year ban on eligibility for qualified aliens.OKDHS received recent federal interpretation that the Child Care Development Fund (CCDF) does not have the same ban for recipients of child care assistance.
OAC 340:40-7-5 is amended to add rules regarding citizenship for subsidized child care assistance.Previously the rule referenced OAC 340:10-15, TANF rules regarding citizenship.The TANF rules include a five-year ban on eligibility for qualified aliens.The CCDF does not have the same ban for recipients of child care assistance.
EMERGENCY APPROVAL:Emergency rulemaking approval is requested as OKDHS finds an imminent peril to the preservation of the public health, safety, or welfare for qualified alien children who may be inappropriately denied child care benefits.If this rule is not implemented, OKDHS will not be in compliance with federal law.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; 45 Code of Federal Regulations (CFR) Parts 98 and 99; Sections 203(a)(7), 207, 208, 212(d)(5), and 241(b)(3) of the Immigration and Nationality Act (INA) or [8 U.S.C. 1182, 1153, and 1157]; Section 501(e) of the Refugee Education Assistance Act of 1980; Personal Responsibility and Work Opportunity Reconciliation Act or [8 U.S.C.1641(c)]; Trafficking Victims Protection Act of 2003; and Section 71 of Title 56 and Section 20j of Title 74 of the Oklahoma Statutes.
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:Mary Stalnaker
Family Support Services Division
Date:August 14, 2008
Re:Chapter 40.CHILD CARE SERVICES
Subchapter 7. Eligibility
OAC 340:40-7-5 [AMENDED]
(Reference APA WF08-10)
Contact: Laura Brown 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapter 7 of Chapter 40 amend the rules regarding citizenship.Previously this section referred to Temporary Assistance for Needy Families (TANF) rules for citizenship.The TANF rules include a five year ban on eligibility for qualified aliens.OKDHS received recent federal interpretation that the Child Care Development Fund (CCDF) does not have the same ban for recipients of child care assistance.
Strategic Plan impact.The proposed rules support the Oklahoma Department of Human Services (OKDHS) goal of continuously improving systems and processes to achieve OKDHS goals.
Substantive changes.
340:40-7-5 is amended to add rules regarding citizenship for subsidized child care assistance.Previously the rule referenced OAC 340:10-15, TANF rules regarding citizenship.The TANF rules include a five-year ban on eligibility for qualified aliens.The CCDF does not have the same ban for recipients of child care assistance.
Reasons.The proposed revision is being made because OKDHS received a recent federal interpretation clarifying that there is no five year ban on eligibility for qualified aliens applying for child care assistance.
Repercussions. The proposed rules will allow qualified aliens that meet eligibility requirements to receive child care assistance.If the proposed revisions are not implemented, eligible qualified aliens will continue to be denied child care benefits.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; 45 Code of Federal Regulations (CFR) Parts 98 and 99; Sections 203(a)(7), 207, 208, 212(d)(5), and 241(b)(3) of the Immigration and Nationality Act (INA) or [8 U.S.C. 1182, 1153, and 1157]; Section 501(e) of the Refugee Education Assistance Act of 1980; Personal Responsibility and Work Opportunity Reconciliation Act or [8 U.S.C.1641(c)]; Trafficking Victims Protection Act of 2003; and Section 71 of Title 56 and Section 20j of Title 74 of the Oklahoma Statutes.
Emergency approval.Emergency rulemaking approval is requested as OKDHS finds an imminent peril to the preservation of the public health, safety, or welfare for qualified alien children who may be inappropriately denied child care benefits.If this rule is not implemented, OKDHS will not be in compliance with federal law.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:The classes of persons who will most likely be affected by theproposed rules are the clients receiving benefits administered by the Family Support Services Division (FSSD) and OKDHS staff. The affected classes of persons will bear no costs associated with implementation of the rules.
C.A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit are the clients receiving benefits administered by the FSSD and OKDHS staff.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each: The revised rules do not have an economic impact on the affected entities.There are no fee changes associated with the revised rules.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20.There may be additional children approved for the child care subsidy program based on this policy change.OKDHS does not have any figures showing the number of children this could affect.This should not cause a substantial increase in the dollar amount spent for the child care subsidy program.The revised rules will result in enhanced delivery of services to positively impact clients or families.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule: The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act: There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rule: There are no less costly or non-regulatory methods or less intrusive methods for complying with this federal mandate.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk: Implementation of the proposed rules will bring the rules into compliance with federal law, which will have a positive impact on the health, safety, and well-being of persons who are in need of child care assistance.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed rules are not implemented, rules will not be in compliance with federal regulations, placing children at further risk. This rule is needed to ensure that children who are eligible aliens receive child care assistance when other eligibility requirements are met.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared August 14, 2008. Modified August 19, 2008.
SUBCHAPTER 7. ELIGIBILITY
340:40-7-5. Resources, residence, and citizenship
Revised 6-1-08 11-1-08
(a) Resources are not considered in determining eligibility for subsidized child care.
(b) A parent or caretaker's statement that he or she lives in Oklahoma meets the residence requirement for child care.¢ 1
(c) Only the child(ren) child for whom child care is requested must meet the citizenship and alienage requirements listed in OAC 340:10-15.For eligible children age 14 or older, see OAC 340:65-3-1 for additional citizenship requirements.¢ 2
(1) A child eligible to be included in a child care benefit must be either a:
(A) citizen or a national of the United States (U.S.), including the 50 states, District of Columbia, Commonwealth of Puerto Rico, Virgin Islands, Guam, American Samoa, and Northern Mariana Islands.The child may be a citizen of the U.S. by being born in the U.S. or by being born in some other country but moving to the U.S. and being granted U.S. citizenship through the U.S. Citizenship and Immigration Services (USCIS), a bureau of the Department of Homeland Security; ¢ 3 or
(B) qualified alien:
(i) who is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA);
(ii) who is paroled into the U.S. under Section 212(d)(5) of INA [8 U.S.C. 1182] for a period of at least one year;
(iii) who is granted conditional entry pursuant to Section 203(a)(7) of INA [8 U.S.C. 1153] as in effect prior to April 1, 1980;
(iv) who is granted asylum under Section 208 of INA;
(v) who is admitted to the U.S. as a refugee under Section 207 of INA [8 U.S.C. 1157];
(vi) whose deportation is withheld under Section 241(b)(3) of INA;
(vii) who is a Cuban or Haitian entrant as defined in Section 501(e) of the Refugee Education Assistance Act of 1980;
(viii) who was battered or whose parent or caretaker was battered as defined in Section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act as amended [8U.S.C.1641(c)];or
(ix) who was a victim or whose parent or caretaker was a victim of a severe form of trafficking pursuant to Section 107(b) of the Trafficking Victims Protection Act of 2000 which was reauthorized and amended by the Trafficking Victim's Protection Reauthorization Act of 2003.¢ 4
(2) A declaration of citizenship and alien status is required for all children included in the child care benefit. This requirement is met when an adult member of the household completes and signs the application or review form attesting to the citizenship and alien status for all children included in the benefit. Refer to OAC 340:65-3-1(g) for additional citizenship requirements for persons 14 years of age and older pursuant to Section 71 of Title 56 and Section 20j of Title 74 of the Oklahoma Statutes.¢ 5
(3) An alien child determined to have satisfactory alien status must have the status verified through Systematic Alien Verification for Entitlements (SAVE). In situations which require a written inquiry to the USCIS, the worker must not delay, deny, terminate, or reduce benefits to an alien pending USCIS verification of submitted documentation.¢ 6
INSTRUCTIONS TO STAFF 340:40-7-5
Revised 7-1-04 11-1-08
1.In situations where a non-custodial parent needs child care while his or her child(ren) child is visiting from another state, the parent's residence qualifies the family for this eligibility criteria.Individuals Persons who maintain a residence out‑of‑state and commute to Oklahoma for work, school, or any other reason do not meet the residence requirement.
2.The parent or caretaker's citizenship status is not a condition of eligibility.See OAC 340:50-5-67 and 340:50-5-8.1 for citizenship requirements for food stamp benefit recipients.See OAC 317:35-5-25 for citizenship requirements for medical assistance recipients.
3.All persons born in the United States (U.S.) are, with rare exceptions, U.S. citizens.Documents of citizenship or national status of persons from certain U.S. territories or possessions may not be in their possession nor available.Their status can usually be determined by birth certificate, passport, or other official document.Any questions regarding whether any other official document provides reliable evidence of citizenship or national status are referred to the Family Support Services Division Child Care Section.
4.The Office of Refugee Resettlement (ORR) provides a certification letter to a person 18 years of age or older and an eligibility letter to a person who has not attained 18 years of age.These persons are also provided T Visas which indicates eligibility for federally funded or administered benefits to the same extent as a refugee.The T Visas are T-2, T-3, T-4, and T-5 referred to collectively as derivative T Visas.To determine the validity of the letters issued by ORR and to inform ORR which benefits the person has applied for, the worker must call the toll-free trafficking verification number 1-866-401-5510.
5.See OAC 340:40-9-2 for additional requirements when adding a child to the benefit after certification.
6.Refer to OAC 340:65-3-4(5) and Instructions to Staff 15 for information regarding the Systematic Alien Verification for Entitlements (SAVE).
