Library: Policy

OKDHS:10-1-1. Purpose and legal base

Issued 4-1-98

(a) On August 22, 1996, President Clinton signed the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193 (PRWORA). Among other things, PRWORA consolidated the Federal Aid to Families with Dependent Children (AFDC), Job Opportunities and Basic Skill, and Emergency Assistance programs into a single block grant entitled "Temporary Assistance for Needy Families" (TANF). Historically, financial eligibility for Title IV-E has been predicated on eligibility for AFDC, and remains so despite the creation of TANF. Section 108 of the PRWORA amended sections 470, 472 and 472 of the Social Security Act, linking Title IV-E financial eligibility to the Title IV-A AFDC program as it was in effect on June 1, 1995, known as the "IV-E AFDC lookback date". A PRWORA technical amendment which conformed the IV-E date with the "Medicaid - AFDC lookback date" of July 16, 1996 was enacted on August 5, 1997 and is contained at section 5513 (b) of the Balanced Budget Act of 1997 (P.L. 105-33).

(b) To comply with PRWORA, the State must assure that it has obtained and is using the relevant sections of the State's AFDC plan as in effect on July 16, 1996 in making Title IV-E eligibility determinations and to submit copies of those relevant sections of the Title IV-A AFDC state plan to the appropriate Federal Regional Office. A copy of those sections are bound and on file in the Division of Children and Family Services.

(c) The State must now determine Title IV-E eligibility using the Title IV-A AFDC plan as it was in effect on July 16, 1996. As the rules contained in that plan have been revised to reflect the TANF program, they are being restated in this section. The information appears verbatim as it was in the plan, but has been renumbered to reflect this Section of DHS policy.