Library: Policy

OKDHS:10-1-18. Structure of the assistance unit

Issued 4-1-98

     The structure of the assistance unit is defined as:

• (1) Individuals whose needs must be included unless otherwise excluded in accordance with paragraph (3) of this subsection are:
  • (A) at least one AFDC eligible child; and
  • (B) the natural or adoptive parent(s); or
  • (C) all blood-related minor siblings living in the home with the AFDC eligible child, including half-brothers and sisters. This does-not apply to siblings of a minor parent when the minor parent is the adult in the assistance unit.
• (2) Individuals whose needs may be included:
  • (A) the caretaker (relative-payee other than the natural or Adoptive parent(s) with whom the child resides, if this individual meets the definition of "needy" and is of the specified degree of relationship. A caretaker (other than stepparent) may be included in the assistance unit only when the natural or adoptive parent(s) is absent from the home. A stepparent may be included in the assistance unit when the natural or adoptive parent(s) is incapacitated or absent; and
  • (B) the natural or adoptive parent(s) or other caretaker relative when the only dependent child(ren):
    • (i) receives SSI;
    • (ii) is sanctioned for failure to participate in ET&E; or
    • (iii) is receiving federal, state, or local foster care maintenance payments;
  • (C) the adoptive parent(s) when the only dependent child(ren) receives a Title IV-E or state adoption subsidy.
• (3) Individuals whose needs may not be included:
  • (A) the individual who has received an SSP payment for the same month;
  • (B) the individual who has received or is included in an SSI payment for the same month;
  • (C) the spouse of the payee if the payee is not the natural or adoptive parent;
  • (D) a child who is receiving foster care;
  • (E) an adopted child(ren) receiving an adoption subsidy;
  • (F) an individual who does not meet program requirements;
  • (G) an alien who is not legally admitted to the U.S. for permanent residence;
  • (H) a caretaker (other than a stepparent) when the natural or adoptive parent is in the home;
  • (I) an individual whose period of ineligibility due to receipt of a lump sum payment has not expired; and
  • (J) A stepparent when the natural or adoptive parent is in the home and not incapacitated;
  • (K) a minor unmarried payee who has a dependent child(ren) in the minors care and does not reside with a parent(s), legal guardian, or other adult relative age 18 or older. For the minor payee to be eligible for AFDC benefits, the minor must live with the minor's natural or adoptive parent(s) or a step-parent, legal guardian or other adult relative age 18 or older, a foster home, maternity home, or other supportive living arrangement supervised by an adult. A supportive living arrangement is where a private family setting is maintained and an adult assumes the responsibility for the care and control of the minor and the minor's dependent child(ren) or provides supportive services such as counseling and guidance. The minor payee could reside elsewhere and be eligible for AFDC if good cause were established by one of the following reasons:
    • (i) the minor has no living parent or legal guardian whose whereabouts are known;
    • (ii) the parent(s), legal guardian or other adult relative will not allow the minor to live in the home;
    • (iii) the physical or emotional health or safety of the minor or the minor's dependent child(ren) would be jeopardized if the minor or the minor's dependent child(ren) lived in the home with the parent(s), legal guardian or other adult relative age 18 or older;
    • (iv) the minor parent has lived apart from the minor's parent(s), legal guardian or other adult relative age 18 or older, for at least one year before the birth of any dependent child, or before the minor applied for benefits; or
    • (v) the minor parent is legally emancipated pursuant to Chapter 4, Title 10 of the Oklahoma Statutes. For a minor to be legally emancipated. the district court must have granted the minor the authority to act on the minor's own behalf.