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Library: Policy

340:10-7-1. Residence

Revised 9-15-20

To be eligible to receive Temporary Assistance for Needy Families (TANF), a person must be making his or her home in Oklahoma.Once established, a person does not lose Oklahoma residency status when he or she is removed from Oklahoma against his or her will and held in another state, for example, in federal prison or goes out-of-state to look for a job or to attend school.

(1) 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

(2) When a person lived in another state or states at any time that he or she lives in another state before applying for TANF in Oklahoma, the worker must contact the other state(s) to determine how many months, if any, the person received TANF and if cash assistance is currently open.

(A) When TANF is open in the other state, the closure date is coordinated between states to ensure the applicant does not receive TANF cash assistance in Oklahoma and the other state for the same month.

(B) When the person already received 60 months of TANF cash assistance TANF is not approved in Oklahoma unless a hardship extension is approved, per Oklahoma Administrative Code (OAC) 340:10-3-56(a)(2)(E). • 2

(3) Continuous residence is established when the case record and contact with the person show no evidence of absence from Oklahoma.

(A) Temporary residence.For purposes of TANF eligibility, a person is considered a resident of Oklahoma when he or she plans to reside in Oklahoma temporarily because of a job commitment or to seek employment, as long as the person does not receive cash assistance from another state.This includes migrant and itinerant workers who maintain a homestead in another state.A person traveling through the state or visiting relatives in this state is not considered a resident.

(B) Out-of-state visits.When a member of the TANF assistance unit temporarily leaves the state for a purpose described in OAC 340:10-3-56(b) and intends to return to Oklahoma when the purpose of the absence is accomplished, it does not interrupt Oklahoma residence.The recipient is responsible for informing the worker which member(s) of the assistance unit plans to visit out-of-state, for what purpose, and the planned departure and return dates.

(i) When a person included in a TANF assistance unit is temporarily absent from the state, he or she may continue to be included in the assistance unit for at least three months unless circumstances unrelated to the temporary absence occur, the purpose of the absence is accomplished, or a longer period of absence is permitted, per OAC 340:10-3-56(b). • 3The person is considered an Oklahoma resident until there is substantial factual evidence he or she chooses to establish residence in another state.

(ii) When the TANF Work participant is the person that temporarily leaves the state and does not participate in TANF Work activities during the absence, he or she may be sanctioned, per OAC 340:10-2-2 unless a good cause reason exists.

(iii) When the person applies for cash assistance in another state and is determined eligible by that state, the closure effective date in Oklahoma is coordinated with the effective date of certification in the other state, to ensure there is no interruption in the assistance payment or duplication of benefits.    • 4

Revised 9-15-20

1.When references are contacted, the worker documents in Family Assistance/Client Services case notes the:

(1) name and address of each reference;

(2) place and date of the contact;

(3) known facts; and

(4) basis for the person's knowledge of facts related to the person's residence.

2.Because Temporary Assistance for Needy Families (TANF) receipt is limited to 60 months when an adult is included in the benefit, the worker must verify the number of months out-of-state benefits were received since August 27, 1996.

(1) The worker may contact the other state by phone, email, or mailing Form 08AD080E, Out-of-State Inquiry, to verify the months and years TANF benefits were received.

(2) The worker:

(A) images the completed Form 08AD080E or any other document provided by the other state to the case record;

(B) documents out-of-state benefit information in FACS case notes; and

(C) emails TANF@OKDHS.org to inform Adult and Family Services (AFS) TANF staff of out-of-state benefit receipt.

(3) AFS TANF staff enters out-of-state benefit receipt information in the information management system (IMS) using BNPER2 space Social Security number (SSN).The worker may view this information by entering BNMENU space SSN.

3.(a) Factors to consider in determining the person's intent to return to Oklahoma include, if the person established living quarters, registered to vote, accepted work, or entered into business in the other state.

(b) Accepting temporary employment does not, by itself, constitute evidence of a residence change.

(c) Inability to return to the state because of a physical condition or a family emergency is not considered inconsistent with a statement of intent to retain Oklahoma residence since the person did not voluntarily choose to stay in the other state.

(d) Evidence of intentions to change residence may be a statement of intent at the point of departure or may develop later in the other location.

4.The worker documents the facts used to establish the closure effective date in Oklahoma with the certification date in other state in FACS case notes.

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