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COMMENT DUE DATE:  

July 24, 2020

DATE: 

July 14, 2020

Laura Brown AFS Policy Liaison (405) 521-4396

Dena Thayer, Programs Administrator (405) 693-6542

Nancy Kelly, Policy Specialist (405) 885-7805

RE:  

APA WF 20-04

It is very important that you provide your comments regarding the DRAFT COPY of policy by the comment due date. Comments are directed to *STO.LegalServices.Policy@okdhs.org

The proposed policy is  Emergency .  This proposal is subject to Administrative Procedures Act

It is important that you provide your comments regarding the draft copy of policy by the comment due date.Comments are directed to *STO.LegalServices.Policy@okdhs.org.The proposed policy is EMERGENCY.

SUBJECT:

CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)

Subchapter 1. General Provisions

340:10-1-5 [NEW]

Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program

340:10-2-4 [AMENDED]

Subchapter 23. Temporary Assistance for Needy Families (TANF) State or National Emergency [NEW]

340:10-23-1 [NEW]

(Reference WF 20-04)

SUMMARY:The proposed revisions to Chapter 50, Subchapter 3 amend the rules to: (1) remove the ability to postpone the interview requirement for expedited services and a worker instruction regarding quality control reviews; (2) remove incorrect information about scheduling an interview outside of normal office hours; (3) add information regarding the notice of missed interview and procedures to follow when this occurs; (4) add additional worker responsibilities during the client interview; (5) rearrange and add information for greater clarity; and (6) update terminology.

The proposed revisions to Chapter 50, Subchapter 7 amend the rules to add a new Section regarding resource requirements for households containing a sponsored alien and non-categorically eligible households to:(1) describe which households must have resources considered in determining their eligibility for Supplemental Nutrition Assistance Program (SNAP) food benefits; (2) describe what is considered countable, excluded, and transferred resources; (3) clarify that resource requirements only apply to households with substantial lottery or gambling winnings the first time they apply and are approved following closure due to the winnings; and (4) add legal and policy citations.

The proposed revisions to Chapter 50, Subchapter 11 amend the rules to:(1) remove the ability to postpone the interview requirement for expedited services; (2) clarify reasonable efforts to verify information prior to certification and by what dates the household must provide postponed verification to avoid a break in benefits; (3) rearrange and add information and taglines for greater clarity; and (4) update the list of households that cannot be considered categorically eligible to include households that: (a) were closed because of substantial lottery or gambling winners the first time they reapply following closure; (b) include a household member disqualified for .an intentional program violation, (c) disqualified for being a fleeing felon, probation or a parole violator, or convicted of certain crimes; or (d) include a head of household disqualified for failing to comply with work requirements.

EMERGENCY APPROVAL:Emergency rulemaking approval is requested to comply with recently issued federal guidance.

LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes; Sections 273.2, 273.8, and 273.11 of Title 7 of the Code of Federal Regulations (C.F.R); FNS Informational Memo Discontinuation of the Postpone Expedited Service Waiver, and FNS Informational Memo: Questions and Answers: Final Rule Implementation Memo for Lottery and Gambling Provisions.

Rule Impact Statement

To:Programs Administrator

Legal Services - Policy

From:Patrick Klein,Director

Adult and Family Services

Date:July 14, 2020

Re:CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)

Subchapter 1. General Provisions

340:10-1-5 [NEW]

Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program

340:10-2-4 [AMENDED]

Subchapter 23. Temporary Assistance for Needy Families (TANF) National or State Emergency [NEW]

340:10-23-1 [NEW]

(Reference WF 20-04)

Contact:Laura Brown, 405-521-4396

A.Brief description of the purpose of the proposed rule:

Purpose.

The proposed amendments to Chapter 10 Subchapter 1 amend the rules to issue a new section to add:(1) what benefits and services may be included in a non-assistance program; (2) five programs considered non-assistance programs; (3) the eligibility requirements for each non-assistance program; and (4) rule and legal citations.

The proposed revisions to Chapter 10 Subchapter 2 amend the rules to:(1) allow certain non-TANF participants who have a biological child receiving TANF, Supplemental Nutrition Assistance Program (SNAP), Child Care Subsidy, or SoonerCare (Medicaid) benefits to participate in the Subsidized Employment Program (SEP); (2) clarify that the earned income disregard period available to working TANF clients runs concurrently with SEP disregards; (3) update Work Opportunity Tax Credit criteria; and (4) update terminology.

Chapter 10 Subchapter 23 is issued to initiate rules that may be implemented during a national or state emergency that include:(1) allowing TANF funds to be used to issue one or more non-recurring short term benefits (NRST); (2) allowing waiver of the in-person interview requirement and normal processes regarding substance abuse screening, education assessments, TANF Work hours; and TANF sanctions when warranted; and (3) excluding economic impact payments.

Strategic Plan Impact.

The proposed amendments achieve Oklahoma Human Services (OKDHS) goals providing a hope-centered culture to move families out of poverty, be engaged with communities to meet the needs of Oklahomans, and have a culture of continuous improvement.

Substantive changes.

Subchapter 1. General Provisions

Oklahoma Administrative Code (OAC) 340:10-1-5 is issued to add: (1) what benefits and services may be included in a non-assistance program; (2) five programs considered non-assistance programs; (3) the eligibility requirements for each program; and (4) rule and legal citations.

Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program

OAC 340:10-2-4 amended to:(1) allow certain non-TANF participants who have a biological child receiving TANF, SNAP, Child Care Subsidy, or SoonerCare (Medicaid) benefits to participate in SEP; (2) clarify that the earned income disregard period available to working TANF clients runs concurrently with SEP disregards; (3) update Work Opportunity Tax Credit criteria; and (4) update terminology.

Subchapter 23 Temporary Assistance for Needy Families (TANF) State or National Emergency [NEW]

OAC 340:10-23-1 is issued to initiate rules that may be implemented during a national or state emergency that include:(1) allowing TANF funds to be used to issue one or more NRST benefits; (2) allowing waiver of the in-person interview requirement and normal processes regarding substance abuse screening, education assessments, TANF Work hours, and TANF sanctions when warranted; and (3) exclude economic impact payments.

Reasons.

The proposed issuance of the rule regarding non-assistance payments is issued to clarify the difference between non-assistance programs and assistance programs and that non-assistance programs may have variable income limits.It further clarifies non-assistance as an appropriate use of TANF funding in response to state audit findings regarding use of TANF funds to provide emergency family services to families involved with Child Welfare Services to avoid placement of a child in out-of-home care or to assist in reuniting a child with his or her family when in an out-of-home placement.

The proposed issuance of a rule to add the Family Violence Emergency Assistance (FVEA) program and to open up SEP to certain non-TANF recipientswithwho have a biological child receiving TANF, SNAP, Child Care Subsidy, or SoonerCare (Medicaid) benefits is issued as an effective way to spend any excess TANF carryover funds in a way that is allowable under federal non-assistance program regulations, in keeping with the TANF family centered coaching model, and offers a holistic approach to working with and providing a hope-centered culture to move families out of generational poverty.

The proposed issuance of rules that may be implemented during a national or state emergency are issued to provide economic relief to TANF applicants and recipients and other low-income Oklahomans in response to the COVID-19 pandemic and future emergencies and to ensure TANF funds are only used for purposes included in the TANF State Plan.

Repercussions.

If the proposed revisions to issue rules regarding non-assistance programs and rules that may be implemented during a national or state emergency are not implemented, use of funds for these purposes is out of compliance with federal regulations and subject to state audit findings and may hinder OKDHS efforts to provide funds to enable domestic violence victims to transition into safe and stable housing, out of work parents, and families during national or state emergencies.

Legal authority.

Director of Human Services; Section 162 of Title 56 of the Oklahoma Statues; and Section 260.31 of Part 261 of Title 45 of the Code of Federal Regulations.

Emergency rulemaking approval is requested to allow OKDHS to use TANF funds to make non-assistance programs available to provide emergency family services to families involved with Child Welfare Services to avoid placement of a child in out-of-home care or to assist in reuniting a child with his or her family when in an out-of-home placement; and NRST benefits to families receiving TANF and other low-income Oklahoma families to obtain subsidized employment, obtain safe and stable housing when fleeing domestic violence situations, or help during national or state emergencies and be in compliance with federal regulations.

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 most likely to be affected by the proposed amendments are households applying for or receiving TANF cash assistance benefits; non-TANF participants who have a biological child receiving TANF, SNAP, Child Care Subsidy, or SoonerCare (Medicaid) benefits; families in certified domestic violence shelters; 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 households applying for or receiving TANF; non-TANF participants who have a biological child receiving TANF, SNAP, Child Care Subsidy, or SoonerCare (Medicaid) benefits; families in certified domestic violence shelters; and OKDHS staff.The affected classes of persons will bear no costs associated with implementation of the rules.

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 fee change:The proposed amendments do not have an economic impact on the affected entities.There are no fee changes associated with the proposed amendments.

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 estimated to be less than $20.

Use of TANF funds to pay for NRST benefits to help non-TANF participants who have a biological child receiving TANF, SNAP, Child Care Subsidy, or SoonerCare participate in SEP; to help domestic violence to obtain safe and stable housing; or to help families during a national or state emergency will be based on funding availability.The anticipated budgeted amount for SEP is $200,000 and for FVEA is $75,000.The availability and use of TANF funds to provide NRST benefits during a national or state emergency will be determined at the time of such emergency.

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 amendments 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 amendments.

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 less costly or non-regulatory methods or less intrusive methods for achieving the purpose of the proposed amendments.

H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory 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 achieving the purpose of the proposed amendments.

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:The proposed rule to expand use of SEP to help non-TANF participants who have a biological child receiving TANF, SNAP, Child Care Subsidy, or SoonerCare (Medicaid) benefits obtain a livable wage will provide more income to families to alleviate poverty and move families off of public assistance programs and into the work force.The proposed rule to provide FVEA to families who are in certified domestic violence shelters to help them relocate into safe and stable housing away from the perpetrator will increase the safety and stability of these families.The proposed rule to provide NRST benefits when funding is available during a national or state emergency may provide economic relief during the crisis.

J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed amendments are not implemented, OKDHS will not be in compliance with federal regulations if TANF funds are used for non-assistance programs.If OKDHS does not use TANF funds for the specified non-assistance programs, out-of-work parents, families fleeing domestic violence, or families experiencing economic hardship during a national or state emergency may experience public health and safety risks that may have been avoided.

K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared on June 3, 2020; modified July 14, 2020.

CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)

SUBCHAPTER 1. GENERAL PROVISIONS

340:10-1-5. Non-Assistance Programs

Issued 9-16-20

(a) Non-assistance programs. Programs that do not constitute assistance programs, per Section 260.31(b) of Title 45 of the Code of Federal Regulations may be available to Temporary Assistance for Needy Families (TANF) recipients and other eligible Oklahoma families with minor child(ren) within a specified degree of relationship, per Oklahoma Administrative Code (OAC) 340:10-9-1.When eligibility for a program is based on the family's income, the maximum income level is specified, per (b) of this Section.Programs may vary due to geographic location and funding availability.Non-assistance programs may include:

(1) non-recurring short-term (NRST) benefits that:

(A) are designed to deal with a specific crisis situation or episode of need;

(B) are not intended to meet recurrent or ongoing needs; and

(C) do not extend beyond four months;

(2) payments to employers or third parties to help cover the cost of employee wages, benefits, supervision, or training;

(3) supportive services, such as child care or transportation, provided to families who are employed;

(4) refundable earned income tax credits;

(5) contributions to, and distributions from Individual Development Accounts;

(6) services that do not provide basic income support, such as:

(A) counseling;

(B) case management;

(C) peer support;

(D) child care information and referral;

(E) transitional services;

(F) job retention;

(G) job advancement; and

(H) other employment-related services; and

(7) transportation benefits provided under a Job Access or Reverse Commute project, per Section 404(k) of the Social Security Act to a person who is not otherwise receiving assistance.

(b) Program types.Program types that may be available in Oklahoma are described in (1) through (5) of this subsection.

(1) Family Violence Emergency Assistance (FVEA).FVEA is intended to stabilize low-income families while addressing family violence issues and homelessness.FVEA provides one-time assistance up to $3,000 for rent, utilities, deposits, and moving expenses to allow domestic violence victims to transition to safe and stable housing.FVEA may only be provided once in the applicant's lifetime.To qualify for the program, the applicant must:

(A) submit an application and be interviewed, per OAC 340:65-3-1.FVEA applications cannot be submitted online;

(B) be residing in a shelter operated by a domestic violence/sexual assault program certified by the Oklahoma Office of the Attorney General due to a domestic violence situation;

(C) have a minor child(ren) within the specified degree of relationship, per OAC 340:10-9-1, living with him or her;

(D) have income at or below 300 percent of federal poverty guidelines, per Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule XVIII;

(E) have resources at or below the maximum standard, per OKDHS Appendix C-1, Schedule XVIII.Refer to OAC 340:10-3-4 through 340:10-3-5 for countable resource information;

(F) meet citizenship and alienage requirements, per OAC 340:10-15-1;

(G) provide a Social Security number (SSN) or proof of a pending SSN application for every assistance unit member, per OAC 340:10-12-1;

(H) have explored and exhausted all other means of outside funding prior to utilizing FVPA;

(I) provide documentation that he or she has or is pursuing a victim protective order against the perpetrator when it is safe to do so.When it is not safe to do so, provide a statement from the domestic violence counselor working with the family about the safety issues; and

(J) agree to attend a required Within My Reach Prevention and Relationship Education Program (PREP) workshop or comparable approved curriculum after approval.

(2) Family Strengthening Program (FSP).FSP includes programs that are not means-tested, such as but not limited to:¢ 1

(A) relationship education;

(B) parenting classes;

(C) financial literacy; and

(D) an intensive service program for child safety, per OAC 340:10-19-9;

(3) Home-based services.Home-based services may be provided to families by Oklahoma Human Services (OKDHS) Child Welfare Services or the Office of Juvenile Affairs when immediate action is required to avoid placement of a child in an out-of-home placement or to assist in reuniting a child with his or her family when in an out-of-home placement, per OAC 340:10-19-9.Families' incomes may not exceed 300 percent of federal poverty guidelines, per OKDHS Appendix C-1, Schedule XVIII.

(4) Subsidized Employment Program (SEP) for non-TANF participants.When funding is available, SEP placements may be made available, per OAC 340:10-2-4(c)(1) to non-TANF participants who:

(A) are unemployed;

(B) reside in a county authorized by Adult and Family Services (AFS) TANF Unit staff for expanded SEP eligibility;¢ 2 and

(C) have a biological child receiving TANF, Supplemental Nutrition Assistance Program, Child Care Subsidy, or SoonerCare (Medicaid) benefits.¢ 3

(5) National or state emergency. When a national or state emergency is declared by the President of United States or Governor of the State of Oklahoma that causes a hardship to TANF recipients and non-recipient families, refer to OAC 340:10-23-1 for information regarding NRST benefits and economic impact payments.

INSTRUCTIONS TO STAFF 340:10-1-5

Issued 9-16-20

1.Family strengthening programs include, but are not limited to, services, such as:

(1) Family expectations;

(2) Motherwise;

(3) Wellspring Retreats; and

(4) Fatherhood Initiative.

2.(a) The list of counties currently authorized to extend Subsidized Employment Program (SEP) eligibility to non-Temporary Assistance for Needy Families(TANF) participants is available on the Adult and Family Services (AFS) Job Functions Infonet page.

(b) Due to limited funding, SEP contracts require AFS TANF Unit staff approval before sending the person for an interview or completing Form 08TW017E, Subsidized Employment Program (SEP) Contract, with an employer.To request approval the worker emails TANF@okdhs.org and includes the non-TANF participant's name, the child's name and case number, a contact number, and employer contact information.

(c) When approved, AFS TANF Unit staff emails county staff with a SEP authorization number.

3.Non-TANF participants may include the non-custodial parent of a child receiving one of the core AFS-administered benefits when benefit receipt can be verified without breaching the custodial parent's confidentiality.The non-custodial parent is not required to apply for SEP.The TANF Work authorization is placed on the child's case number.

SUBCHAPTER 2. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) WORK PROGRAM

340:10-2-4. Employment

Revised 10-1-179-16-20

(a) Applicability.Temporary Assistance for Needy Families (TANF) Work activities are designed to help the participant participants obtain employment to achieve economic selfsufficiency, per Sections 261.2, 261.10, and 261.30 of Title 45 of the Code of Federal Regulations (45 C.F.R. §§ 261.2, 261.10, and 261.30).Work allows participants to enhance their self-esteem and to become more independent.Every effort is made to assist participants in securing jobs that provide financial security and opportunities for advancement.The appropriate employment criteria for subsidized and unsubsidized employment are included in (1) through (5) of this subsection.

(1) Appropriate employment may be temporary, permanent, full-time, part-time, or seasonal work, as long as the daily and weekly hours of employment do not exceed those customary to the occupation.

(2) The wage must meet or exceed the federal or state minimum wage laws or the prevailing rate for similar employment, whichever is applicable.The state law applies when federal law does not cover the job.

(3) A participant is not required to accept employment when the position offered is vacant due to a strike, lockout, or other bona fide labor dispute.

(4) A participant is not required to work for an employer when it is contrary to the conditions of membership in the union governing that occupation.Employment not governed by the rules of the union to which the participant belongs may be appropriate.

(5) A participant is not required to accept employment that results in the net loss of income.

(b) Unsubsidized employment.The State Work Incentive Program and any employment for which the employer does not receive reimbursement for any portion of the wages paid are examples of unsubsidized employment.

(1) State Work Incentive Program.The State Work Incentive Program is designed to assist in employing TANF participants into entry level positions in all branches of state government.The Oklahoma Department of Human Services (DHS) (OKDHS), in cooperation with other state agencies and the Office of Management and Enterprise Services Human Capital Management, coordinates job placements for TANF participants referred to the program on Form 08TW023E, State Work Incentive Referral.¢ 1

(A) Employment of eligible participants may be considered for positions of unclassified status for a two-year period in a full-time or part-time capacity.These positions are not included within any limitation on full-time equivalent employee positions for any agency.

(B) Participants hired under this program are eligible for leave and other benefits available to other state employees, subject to other eligibility requirements, and may be reassigned or promoted while in the program.

(C) Participants hired are exempt from probationary hiring procedures.They may be considered for conversion to permanent, classified status after two years of continuous program participation.

(D) Requirements for placing employees in permanent status include:

(i) completing satisfactory performance ratings conducted during employment; and

(ii) having possession of possessing the minimum requirements stated in the job specifications.

(2) Other unsubsidized employment.Unsubsidized employment includes any employment in which a participant is hired by a private or public employer and there is no reimbursement of any portion of the wages paid to the recipient.

(c) Subsidized employment.The Subsidized Employment Program (SEP) and on-the-job training (OJT) are examples of subsidized employment.The employment criteria in (a) of this Section apply.

(1) SEP.SEP is a subsidized employment program through which DHS OKDHS reimburses employers hiring TANF participants and certain non-TANF participants into full-time, nonprofit, private agencies, and private employers are eligible to participate.When a state agency expresses an interest in participating in the program, DHS OKDHS staff informs agency personnel that the subsidized employment reimbursement must not be used by the state agency to claim matching federal funds.When, for any reason in any given month, a SEP participant is paid less than the amount of his or her cash assistance at the time of entry into the program, the SEP participant receives a supplemental TANF benefit.SEP participants are entitled to all benefits the employer makes available to other employees.Participants are assigned based on their employability plan and the availability of appropriate and willing employers.¢ 2

(A) Participant requirements.TANF participants are:

(i) included in the cash assistance unit; and

(ii) available for immediate employment.

(B) Non-TANF participant requirements.When funding is available, SEP placements may be made available to non-TANF participants who:¢ 2

(i) are unemployed;

(ii) reside in a county authorized by Adult and Family Services (AFS) TANF Unit staff for expanded SEP eligibility; and¢ 3

(iii) have a biological child receiving TANF, Supplemental Nutrition Assistance Program (SNAP), Child Care Subsidy, or SoonerCare (Medicaid) benefits.¢ 4

(C) Position requirements.Position requirements must include:

(i) full-time employment for a minimum of 35 hours per week;

(iii)(ii) the same wages, benefits, and working conditions as provided to other employees performing a substantially equivalent job;

(iv)(iii) an employer agreement to conform to the Equal Employment Opportunity Commission and fair employment practices, such as nondiscrimination regarding age, race, sex, color, national origin, disability, and in some cases religion religious or political belief beliefs; and

(v)(iv) employer assurance the position does not:

(I) displace the employer's current employees, including any involved in a strike, or lockout, or other labor dispute involving a work stoppage;

(II) involve commission sales when at least $10 per hour is not guaranteed; or

(III) is not for casual, intermittent, or seasonal labor.

(C)(D) Recruitment of employers Employer recruitment.Designated county staff or the career development specialist (CDS) recruits employers interested in SEP.The employer is asked to notify designated county staff or the CDS of potential positions with job specifications and qualifications in order to match the employer with an appropriate TANF participant referral.Designated county staff or the CDS give Form 08TW011E, Subsidized Employment Program (SEP) Referral, to the TANF participant to take to the employer specified on the form.

(i) When explaining SEP to employers, designated county staff or the CDS emphasizes that employers are expected to retain the SEP participant in full-time employment unless there is good cause for the dismissal.Employers who fail to continue the successful SEP participant's employment without good cause are not granted subsequent contracts.Good cause reasons for dismissal occur, when:

(I) there is a lay-off due to economic reasons that results in a reduction-in-force;

(II) the employee is frequently absent from work or engages in disruptive or inappropriate behavior; or

(III) the employee is unable to perform at an acceptable skill level.

(ii) Before designated county staff or the CDS writes new or additional contracts with an employer, SEP employees or other employees in lay-off status must be recalled.

(iii) Designated county staff or the CDS has the responsibility for ensuring the employer is complying with the contract.

(D)(E) SEP placements. Designated county staff or the CDS arranges interviews between participants and potential employers.SEP participants may begin employment any time during the month.The employer is informed that reimbursement begins after the participant completes the first 30-calendar days of employment.

(i) Following the employer's agreement to participate and selection of a TANF participant, designated county staff or the CDS negotiates the contract, Form 08TW017E, Subsidized Employment Program (SEP) Contract, with the employer.Negotiation includes the employee's beginning employment date of employment, the employee's salary, and the employee's planned number of employment hours per week.¢ 35

(ii) Upon receipt of the contract, designated county staff or the CDS reviews it for completeness and, when approved, signs and dates the contract.¢ 46Designated county staff or the CDS delivers the employer's copy of the contract and Form 08TW018E, Subsidized Employment Program (SEP) Invoice, for requesting to the employer.The employer uses Form 08TW018E to request reimbursement to the employer from OKDHS.

(iii) Designated county staff or the CDS contacts the participant to complete and sign Form 08TW006E, Subsidized Employment Program (SEP) Temporary Assistance for Needy Families (TANF) Participant Agreement.¢ 57

(iv) When a contract is not approved, a letter is mailed by the designated county staff or the CDS to the employer explaining the disapproval reason for the disapproval.¢ 68 Designated county staff or the CDS notifies the participant by phone or letter that the contract was not approved.¢ 79

(E)(F) Program procedures.The procedures for programs listed in (i) through (iv) of this subparagraph are used for TANF participants.

(i) TANF cash assistance.Under SEP, eligibility for TANF cash assistance is frozen.During the participation period, the TANF assistance unit cannot be determined ineligible.The earned income disregard period runs concurrently with SEP, per Oklahoma Administrative Code (OAC) 340:10-3-31.1.¢ 810

(ii) Medical benefits.SEP participants whose TANF cash assistance is frozen, continue to be eligible for SoonerCare (Medicaid) benefits unless found ineligible for a reason other than earned income.

(iii) Food benefits.SEP participants whose TANF cash assistance is frozen and who are receiving Simplified Supplemental Nutrition Assistance Program (SSNAP) benefits, per Oklahoma Administrative Code (OAC) 340:50-11-20 continue to receive SSNAP benefits without consideration of the SEP income during the participation period as long as the household composition remains the same.Once the SEP participation period ends and the TANF benefit closes, the household may be eligible for transitional food benefits, per OAC 340:50-11-27.

(iv) Child care.During the SEP participation period while the TANF cash assistance is frozen, the child remains predetermined eligible for child care subsidy benefits with a zero family share copayment, per OAC 340:40-7-1.Once the SEP participation period ends and the TANF benefit closes, the worker determines if the participant's child care renewal is due, per OAC 340:40-9-1.When the child care renewal is due, the worker considers the participant's earnings and computes the family share copayment, per DHS OKDHS Appendix C-4, Child Care Eligibility/Copayment Chart.When the child care renewal is not due, the participant's family share copayment does not increase until the renewal is due, per OAC 340:40-5-1(9).¢ 911

(F)(G) Payment of employers Employer payment.Employers are eligible for:

(i) one hundred 100 percent reimbursement of the employee's gross wages, capped at a maximum of 40 hours per week, at $12 per hour, for the first 30-calendar days of employment.

(I) Employers are eligible to apply for reimbursement 30-calendar days following the date of hire.

(II) Employers file for reimbursement by submitting Form 08TW018E, with proof of the participant's earnings for the last six months attached, directly to Adult and Family Services (AFS) TANF Unit staff.¢ 1012

(III) When a business changes ownership, the SEP contract transfers with the business.When change of ownership occurs mid-month, the original owner maintains the right to file a claim for reimbursement for the transfer month.The new owner may claim for subsidized wages for the remaining months of the original SEP agreement;¢ 810

(ii) fifty percent reimbursement of the employee's gross wages, for the following three months, provided the employee remains employed a minimum of 35 hours per week and earning at least $10 per hour.The reimbursement is capped at a maximum of 40 hours per week, at $12 per hour; and

(iii) a bonus equal to 100 percent of the unsubsidized portion of wages up to 40 hours per week for the four month subsidized period, provided the SEP employee:

(I) remains employed a minimum of 35 hours per week;

(II) earns a minimum of $10 per hour; and

(III) is retained for a minimum period of six months after the subsidized agreement ends.¢ 1113

(G)(H) Supplemental payments to SEP participants.For TANF participants, AFS automatically issues supplemental payments for months in which income shown on Form 08TW018E is less than the amount of the SEP participant's cash assistance prior to entering the program.

(H)(I) SEP contract period completions.At the end of the fourth month of subsidized employment, the worker reviews the participant's continued TANF eligibility.¢ 1214

(I)(J) SEP contract terminations.When the SEP placement ends during the four months of subsidized employment, the worker reviews the participant's continued TANF eligibility.¢ 1315

(2) OJT.OJT is subsidized employment in which a private or public employer hires the participant and, while engaged in productive work, receives training that provides knowledge or skills essential to the full performance of the job.During the OJT period, the employer receives reimbursement for a portion of the wages paid to the employee.

(A) Participants who successfully complete the Work Experience Program, have a recent history of employment, or complete a job readiness activity are the primary candidates for OJT referral.¢ 1416

(B) Income from OJT is considered as any other earned income.¢ 1517

(C) The worker explains to the participant at the time of OJT entry the availability of transitional child care, per OAC 340:40-7-1 and continued medical benefits, per OAC 340:10-3-75 to the participant at the time of entry into OJT.The Work Opportunity Tax Credit (WOTC) is authorized under the Protecting Americans from Tax Hikes Act of 2015 (the PATH Act).

(d) Work Opportunity Tax Credit (WOTC).¢ 1618The WOTC law permits for-profit employers to take a federal income tax credit when workers from certain target groups are hired.Workers in these target groups have faced significant barriers to employment.The WOTC is equal to between 25 percent and 40 percent of the first year wages, up to $9000 $9,600, depending on the number of hours the employee works, and the applicable target group for the person.The main objective of this program is to enable targeted employees to gradually move from economic dependency into self-sufficiency as he or she earns while earning a steady income and become becoming contributing taxpayers, while the participating employers are compensated by reducing their federal income tax liability.

(1) WOTC is available to employers for workers hired from targeted groups.The targeted groups are:

(A) TANF recipients who received assistance for at least nine of the 18 months out of the last 18 months prior to the hiring date;

(B) qualified veterans.Qualified veterans are persons veterans who:

(i) received food benefits for at least three consecutive months within during the last 15 months preceding the hire date first year of employment;

(ii) are unemployed for a period totaling at least four weeks but less than six months in the one-year period ending on the veteran's hiring date.The weeks unemployed do not have to be consecutive;

(iii) are unemployed for a period totaling at least six months in the one-year period ending on the veteran's hiring date.The months unemployed do not have to be consecutive;

(iv) are entitled to compensation for a service-connected disability and are unemployed for a period totaling at least six months in the one-year period ending on the hiring date.The months unemployed do not have to be consecutive; or

(v) are disabled veterans entitled to compensation for a service-connected disability hired not more than one year after being discharged or released from active duty in the United States (U.S.) Armed Forces;

(C) qualified ex-felons.Qualified ex-felons are persons who were hired within one year of being convicted of a felony and within the last year were either convicted or being released from prison for a felony;

(D) designated community residents.Designated community residents are persons, who are at least 18 years of age, but not 40 years of age, on the hiring date, and whose principal place of residence is within an reside in a federally designated Empowerment Zone, Enterprise Community, or a Rural Renewal County Community, and for those who began work after May 25, 2007.This High-Risk Youth group was renamed "Designated Community Resident" and expanded to include residents of Rural Renewal Counties continue to reside at the location after employment;¢ 1719

(E) vocational rehabilitation referral recipients.¢ 20Vocational rehabilitation referral recipients are persons with who have a physical or mental disability who received or are and were referred to the employer while receiving or upon completion of vocational rehabilitation services from:

(i) a state plan approved under the Rehabilitation Act of 1973;

(ii) an Employment Network Plan under the Ticket to Work Program; or

(iii) a rehabilitation agency approved by the state or program carried out under the U.S. Department of Veterans Veteran Affairs;¢ 18

(F) qualified summer youth employees.Qualified summer youth employees are persons who are:

(i) at least 16 years of age, but not 18 years of age, on the hiring date or on May 1st, whichever is later;

(ii) and have a principal residence reside in an Empowerment Zone, Enterprise Community, or Rural Renewal County Community; and

(iii) hired are only employed between May 1 and September 15;

(G) qualified food benefit recipients.Qualified food benefit recipients are persons, who, prior to their hiring date, are:

(i) at least 18 years of age, but not and under 40 years of age, who are:; and

(i)(ii) members of a household that received food benefits for:

(I) the last six-consecutive months prior to their hiring date; or

(ii)(II) able-bodied adults without dependents no longer eligible for benefits who reside with a household currently receiving food benefits or a household that received food benefits for at least three months out of the last five consecutive months, prior to the hiring date;

(H) qualified recipients of Supplemental Security Income (SSI).Qualified recipients of SSI are persons who received SSI for any month during the within 60-calendar days before the of their hire date;

(I) long-term TANF recipients.Long-term TANF recipients are persons certified by a designated local agency as members of families who received TANF payments for:

(i) received TANF assistance for at least the previous 18 consecutive months ending on the hiring date;

(ii) a total of at least received TANF assistance for any 18 months, whether consecutive or not, beginning after August 5, 1997, when hired within two years after the date the 18 month total is reached; or

(iii) stopped being eligible for TANF assistance during the past two years because federal or state law limited the maximum time they could receive assistance; and

(J) Hurricane Katrina employees qualified long-term unemployment recipients.Hurricane Katrina employees do not require certification; Qualified long-term unemployment recipients are persons who have been unemployed for not less than 27-consecutive weeks at the hiring time and received unemployment compensation during some or all of the unemployment period.

(K) unemployed veterans.Unemployed veterans are persons hired after 2008, and before 2011, who:

(i) were discharged or released from active duty in the United States (U.S.) Armed Forces at any time during the five-year period ending on the hiring date; and

(ii) received unemployment compensation under federal or state law for at least four weeks during the one-year period ending on the hiring date; and

(L) disconnected youth.Disconnected youth are persons certified as:

(i) having attained 16 years of age, but not 25 years of age, on the hiring date;

(ii) not regularly attending any secondary, technical, or post-secondary school during the six month period preceding the hiring date;

(iii) not regularly employed during the six month period preceding the hiring date; and

(iv) not readily employable by reason of lacking a sufficient number of basic skills.

(2) Through an agreement with the Oklahoma Employment Security Commission, DHS OKDHS issues WOTC conditional certification forms for DHS U.S. Department of Labor Form ETA-9062, Conditional Certification Work Opportunity Tax Credit, to TANF and food benefit recipients.

(3) U.S. Department of Labor The worker gives the participant Form ETA-9062, Conditional Certification Work Opportunity Tax Credit, and a letter from the worker stating the number of months the participant received DHS TANF and/or food benefits is given to the participant to present to the employer, on or before, the first day of employment.An explanation is given to The worker informs the participant about the purpose of the form and how the tax credit may help the participant get a job.

(e) Work Experience Program (WEP).The purpose of WEP is to provide job skills and work enhancement to TANF participants enabling them to move toward self-sufficiency and obtain unsubsidized employment following completion of the placement.¢ 1921

(1) Benefits.Program benefits for participants include an opportunity to establish a work history and earn a recommendation from an employer.Participants also learn to balance the demands of home and work, gain confidence by performing in a job setting, enhance current job skills, learn marketable skills on-the-job, and determine interest and aptitude for a particular type of work by doing the job.

(2) WEP assignments.WEP assignments are approved for an initial period of 90- calendar days.

(A) No salary is paid.

(B) With respect to injuries incurred during WEP working hours, federal law requires medical coverage be offered under state workers' compensation law or by DHS OKDHS.Oklahoma workers' compensation law does not cover WEP participants.Medical coverage is provided by the SoonerCare (Medicaid) Program.¢ 2022

(3) WEP referrals.Participants are referred to WEP slots based on the employability plan.The worker coordinates assignment to a WEP position with the participant.Based on the employability plan, the worker:

(A) determines which facility best meets the participant's needs;

(B) arranges an interview between the facility and the participant; and

(C) notifies the participant of the place, time, and interviewer's name.¢ 2123

(4) WEP facilities.Facilities selected for WEP placements must be capable of providing employment and have an apparent intent to hire, or be able to provide quality job skills enhancement.WEP facilities are solicited by designated county staff, the CDS, or a contracted entity who agreed to assist with job development and placement, including WEP.¢ 2224Local job market conditions, opportunities for employment following completion of WEP participation, as well as the ability of the facility to provide the necessary supervision and skills enhancement are criteria used when soliciting a facility.

(A) WEP slots are developed to meet participant employment needs as determined by the employability plan.When a facility agrees to participate in WEP, the facility representative is requested to provide:¢ 2325

(i) a written description of the type of activities in which the participant will be involved;

(ii) the number of participants the facility can accept;

(iii) the hours of participation; and

(iv) any special requirements, such as uniforms or special equipment.

(B) There are two types of WEP facilities, WEP Non-profit (WEP-NP) and WEP-For-Profit (WEP-FP).

(i) WEP-NP placement is approved for public and private non-profit organizations or businesses.When a participant requires additional skills enhancement, the worker may approve a 60-calendar day extension.Extensions are not granted when the primary purpose is to provide additional help to the facility.The criteria listed in (I) through (VII) of this unit are used as a guide in determining the appropriateness of requesting an extension beyond the initial three-month period.

(I) The participant needs additional time to acquire skills to meet minimum hiring requirements.

(II) The participant demonstrates a willingness to learn, but needs additional time to develop new skills, to compete in the labor market.

(III) The facility agrees to hire the participant, but does not have funds available or a job opening until a specific date.

(IV) The facility has an opening in a different area from where the participant was working and agrees to hire the participant when additional time is granted for additional development of job skills.

(V) The participant showed improvement in all areas, but needs additional socialization skills and improved behavior patterns in a work setting.

(VI) The participant missed more than two weeks due to illness or the illness of a household member.

(VII) There are extenuating circumstances that prevented the participant from receiving full benefit of the job skills enhancement.

(ii) WEP-FP is approved for businesses or entities that operate for profit.Only one WEP-FP placement is allowed per 25 full-time employees in a for-profit business or entity.The criteria in (I) through (II) of this unit must be in effect prior to a WEP-FP placement.

(I) The placement matches the participant's employability plan and the career path chosen by the participant.

(II) The employer committed to hire the participant, on or before, the completion of the three-month placement.

(5) WEP procedures.Upon the county director, designated county staff, or the CDS approval, the worker contacts the WEP facility to complete Form 08TW015E, Work Experience Program – Non-profit Training Agreement, or Form 08TW115E, Work Experience Program – For-Profit Training Agreement.

(A) The worker instructs the facility representative or supervisor on the purpose and use of Form 08TW013E, Time and Progress Report.

(B) It is the participant's responsibility to complete Form 08TW013E and submit it to the worker by the day of the month shown on the form.¢ 2426

(C) Approved WEP slots not utilized within a six-month period are reviewed for appropriateness.When the position is no longer feasible, designated county staff or the CDS sends a letter to the facility stating the WEP slot is no longer active and may be re-evaluated at the facility's request.

(6) Non-cooperation by WEP facility.When the worker obtains information the facility is violating the terms and conditions of Forms 08TW015E and/or or 08TW115E, or participants are treated unfairly, the county director is informed immediately.The nature of the allegations guides the necessary action that may include:

(A) suspension of subsequent assignments at the facility;

(B) immediate removal of current participants; or

(C) termination of the agreement.

(7) Notification to participant and facility.Ten-calendar days prior to the anticipated WEP completion date, or at any time the participant becomes ineligible for WEP, the worker notifies the participant by letter or phone call.The worker notifies the facility by letter or phone call five-calendar days prior to the termination.

(8) Changes in placements and subsequent placements.When the facility, worker, and participant determine placement in a different facility is more beneficial, the worker locates a new facility and arranges an interview for the participant.When the participant fails to secure employment following successful completion of WEP, a conference is held with the participant, worker, and supervisor to determine if a second WEP placement might be beneficial.The worker reviews the employability plan prior to allowing a participant to re-enter WEP.Consideration is given to reassignment to job search or another appropriate work activity.In making this decision, consideration must be given to the:

(A) participant's ability to secure and maintain full-time employment;

(B) opportunities for employment in the new field and in the area in which the participant received job skills enhancement;

(C) participant's efforts to secure employment; and

(D) length of time between assignments.

(f) Community Partnership (CP).CP is unpaid employment in which TANF recipients perform work for the direct benefit of the community.A CP may be approved for both public and non-profit agencies and organizations.A CP assignment is limited to projects that serve a useful community purpose and are designed to improve the employability of recipients not otherwise able to obtain employment.All CPs must be approved by AFS TANF Unit staff.Placements in CP require daily supervision.A recipient's training, experience, and skills are considered in making an appropriate CP assignment.¢ 2527

(1) Benefits.Participant program benefits include an opportunity to establish the basic skills necessary to obtain employment, such as daily attendance, appropriate attire, and proper behavior in a work environment.Participants also learn to balance the demands of home and work and gain confidence by performing in a job setting.

(2) CP facilities.CP facilities are solicited by designated county staff or the CDS.The ability of the CP to provide the necessary supervision and basic skills training are criteria used when soliciting a partnership.

(A) Training slots are developed to meet the participant's employment needs as determined by the employability plan.

(B) The worker submits Form 08TW019E, Community Partnership (CP) Approval Request, to AFS TANF Unit staff for training facility approval.

(C) When a CP agrees to participate, the facility representative is requested to provide:

(i) a written description of the type of activities in which the participants will be involved;

(ii) the number of participants the CP can accept;

(iii) the hours of participation; and

(iv) any special requirements, such as uniforms or special equipment.

(D) No salary is paid.

(E) When injuries occur during working hours in CP, federal law requires medical coverage be offered under either state workers' compensation law or by DHS OKDHS.Oklahoma workers' compensation law does not cover CP participants.Medical coverage is provided by the SoonerCare (Medicaid) Program.¢ 2628

(3) CP assignments.CP assignments are approved for an initial period of no more than 60-calendar days.When a participant requires additional training, the worker may approve a 30-calendar day extension.The criteria listed in (A) through (F) of this paragraph are used as a guide when determining the appropriateness of an extension request beyond the initial 60-calendar day period, but are not limited to the:

(A) the participant needs additional time to acquire skills to meet minimum hiring requirements;

(B) the participant demonstrates a willingness to learn, but needs additional time to develop basic job skills necessary to compete in the labor market;

(C) the CP has an opening in a different area from the one in which the participant was trained;

(D) the participant shows improvement in all areas, but needs additional socialization skills and improved behavior patterns in a work setting;

(E) the participant missed more than two weeks of training due to illness or the illness of a household member; or

(F) extenuating circumstances prevented the participant from receiving the full benefit of the training.

(4) CP referrals.Participants are referred to CP slots based on their employability plan and the availability of CP positions.¢ 2729Assignment to a CP position is coordinated between the participant, worker, and the CP.Based on the employability plan, the participant and worker determine:

(A) which CP best meets the participant's needs; and

(B) the location, date, and time to report to the CP.

(5) Procedures.Upon approval by AFS TANF Unit staff, the worker contacts the CP facility to complete Form 08TW020E, Community Partnership (CP) Agreement.

(A) The worker instructs the facility representative or the training supervisor regarding the purpose and use of Form 08TW013E.

(B) It is the participant's responsibility to complete Form 08TW013E and submit it to the worker by the day of the month shown on the form.¢ 2426

(6) Non-cooperation by CP.When the worker obtains information that the CP is violating the terms and conditions of Form 08TW020E or participants are treated unfairly, the worker informs the county director, designated county staff, or the CDS immediately.The nature of the allegations guides the necessary action that may include:

(A) suspension of subsequent CP assignments;

(B) immediate removal of the current participants; or

(C) termination of the agreement.

(7) Changes in placements and subsequent placements.Following successful completion of CP training, the worker and participant meet to determine if a second CP placement or other work activity might be beneficial.The worker reviews the employability plan prior to allowing a participant to enter the next work activity.¢ 2729When making this decision, consideration is given to:

(A) the participant's ability to secure and maintain employment;

(B) whether the participant needs additional training or placement opportunities to enhance employment skills; or

(C) whether the participant needs any educational opportunities to enhance employment skills.

INSTRUCTIONS TO STAFF 340:10-2-4

Revised 10-1-179-16-20

1.(a) When another state agency requests a referral for a Temporary Assistance for Needy Families (TANF) participant, designated county staff or the career development specialist (CDS) completes Form 08TW023E, State Work Incentive Referral, for the participant to take to the other state agency.

(b) When designated county staff or the CDS refers the participant to another county office, a referral form is not needed.

(c) Documentation of all referrals and outcomes must be kept in the case record.

2.(a) Due to limited funding, Subsidized Employment Program (SEP) contracts require Adult and Family Services (AFS), TANF Unit staff approval before completing Form 08TW017E, Subsidized Employment Program (SEP) Contract, with an employer.To request approval, the worker emails TANF@okdhs.org and includes, for:

(1) TANF participants, the client's name, case number, a contact number, and employer contact information; or

(2) non-TANF participants, the non-TANF participant's name, the child's name and case number, a contact number, and employer contact information.

(b) When approved, AFS TANF Program Unit staff emails the worker and designated county staff or the CDS with a SEP authorization number.

3.The list of counties currently authorized to extend SEP eligibility to non-TANF participants is available on the AFS Job Functions Infonet page.

4.Non-TANF participants may include the non-custodial parent of a child receiving one of the core AFS-administered benefits as long as benefit receipt can be verified without breaching the custodial parent's confidentiality. The non-custodial parent is not required to apply for SEP.The TANF Work authorization is placed on the on the child's case number.

35.When an employer has not previously contracted with the Oklahoma Department of Human Services (DHS) (OKDHS), the employer must also complete and sign Form 10CO135E, Vendor Information – Substitute W-9.

46.Designated county staff or the CDS files the original of images Form 08TW017E, Subsidized Employment Program (SEP) Contract, and Form 10CO135E, if when needed, in the case record and sends a copy the original Form 08TW017E to AFS TANF Unit staff.When Form 10CO135E is completed, designated county staff or the CDS must fax the form to Financial Services, Claims Auditing Unit at (405) 522-2082.

57.Designated county staff or the CDS gives the original Form 08TW006E, Subsidized Employment Program (SEP) Temporary Assistance for Needy Families (TANF) Participant Agreement, to the participant, images a copy in the case record, and sends a copy to AFS TANF Unit staff.Designated county staff or the CDS also updates Form 08TW002E, TANF Work/Personal Responsibility Agreement, with the client for the new employment.

68.Designated county staff or the CDS files a copy of the letter and contract in the participant's case record.

79.Designated county staff or the CDS records the date and means of contact with the participant and the employer in Family Assistance/Client Services (FACS) case notes.

810.(a) Upon receipt of completed Forms 08TW006E and 08TW017E, designated county staff or the CDS opens a full time TANF Work authorization for the client and determines if the new SEP employer is on the provider file.

(1) To view provider files, enter P space federal identification (ID) number on the information management system (IMS) network.

(2) When the new SEP employer is not on the provider file, designated county staff or the CDS enters PU.This transaction brings up a screen designated staff must complete by entering the type of request as N, the business name, address, telephone phone number, and the new employer's federal identification (ID) number.

(3) When ownership of the business changes, the new owner information must be on the provider file.

(b) Once the employer is listed on the provider file, designated county staff or the CDS authorizes payment by entering AUWC, space, the participant's case number, and inputting information on the screen, per AUW transaction instructions.After the authorization clears, the computer automatically updates the case status to Special Medical, effective the following regular roll.

(c) The worker completes periodic renewals of eligibility, per Oklahoma Administrative Code (OAC) 340:65-3-8(b) time frames.

911.When the renewal is not due, the system does not increase the family share copayment and the worker does not decrease the number of units or unit type until renewal.The worker may increase the number of units and unit type when applicable.

1012.Upon receipt of Form 08TW018E, Subsidized Employment Program (SEP) Invoice, AFS TANF Unit staff audits the invoice for completeness and compensability, signs it, and processes the claim for reimbursement.

1113.(a) When the employer is eligible for the bonus reimbursement, the SEP authorization remains open until the bonus payment is made to the employer.Once the payment is made, the worker closes the SEP authorization, effective the last day of the 10th month of employment.

(b) When the employer is not eligible for the bonus reimbursement, the SEP authorization remains open until the final SEP payment is made.The worker closes the SEP authorization, effective the last day of the fourth month of the subsidy period.

1214.(a)Designated county staff or the CDS submits the final Form 08TW018E to AFS TANF Unit staff.

(b) Once the SEP participation period ends and the TANF recipient remains employed, the worker evaluates the participant's eligibility before closing the TANF benefit.

(b)(c) When the participant remains eligible for TANF, the worker updates the participant's TANF:

(1) TANF ET&E Work status field F154 of the TANF Work tab in the FACS Interview Notebook; and

(2) TANF benefit status by resending the benefit (F24), status (F25), and effective date (F26) fields in the Household tab.

(c)(d) When the participant is not eligible for TANF, the worker closes the Financial Assistance section in the FACS Eligibility Notebook using the appropriate reason and updates other benefits sections as needed and closes the participant's employment ET Work authorization.

1315.(a) When the participant remains eligible for TANF, the worker updates the participant's TANF:

(1) TANF ET&E Work status field F154 of the TANF Work tab in the FACS Interview Notebook; and

(2) TANF benefit status by resending the benefit (F24), status (F25), and effective date (F26) fields in the Household tab.

(b) When the participant is not eligible for TANF, the worker closes the TANF benefit for the appropriate reason and updates other benefits sections as appropriate.The worker must determine the client's eligibility for other cash assistance, medical benefits, food benefits, and child care benefits as soon as possible and issue supplements when necessary.

1416.The worker refers participants to on-the-job training (OJT) by completing Form 08TW003E, Interagency Referral and Information.

1517.Refer to OAC 340:10-3-40(12) when the OJT is AmeriCorps Vista.

1618.The designated county staff or CDS informs the employer of the Work Opportunity Tax Credit (WOTC) availability as it relates to the SEP.WOTC is available for the unsubsidized portion of the wages actually paid.To claim the WOTC, employers must submit required paperwork to the Internal Revenue Service and the United States Department of Labor, Employment, and Training Administration, within 28-calendar days of the new employee's hire date.

1719.For information about Enterprise Communities, refer to www.ezec.gov.

1820.A person participating in a drug or alcohol treatment facility does not qualify.

1921.Designated county staff or the CDS avoids placement of trainees with facilities that consistently use Work Experience Program (WEP) participants without providing first option employment.

2022.The county director reports injuries to DHS OKDHS Human Resources Management (HRM) Employee Focused Services on Form 23RS046E, Employee's Report of Job-Related Accidental Injury or Illness the Workers' Compensation Incident Investigation Report.

2123.Following the participant's interview with the facility and the facility's acceptance of the participant for training, the worker makes a notation on the copy of Form 08TW002E, TANF Work/Personal Responsibility Agreement, and initiates an authorization.The worker completes Form 08TW014E, Work Experience Program – Nonprofit Participant Agreement, or Form 08TW114E, Work Experience Program – For-Profit Participant Agreement, at this time.The worker mails a copy of Form 08TW014E or Form 08TW114E to the facility as notification of the participant's starting date.

2224.A contracted entity may include, but is not limited to, the:

(1) Oklahoma Department of Career and Technology Education (ODCTE);

(2) Oklahoma State Regents for Higher Education (OSRHE);

(3) (WIA) Workforce Investment Innovation and Opportunity Act partners; or

(4) Oklahoma Employment Security Commission (OESC).

2325.The worker forwards the written description to the county director or designee requesting training slot approval.

2426.Form 08TW013E, Time and Progress Report, advises the participant to submit pages one and two to the local county office by the 20th of the current month and pages three and four by the fifth of the next month.

2527.Examples of Community Partnerships may include:

(1) community outreach and enrichment programs, such as free clinics, the Urban League, community food banks, and clothes closets;

(2) public safety organizations, such as the Oklahoma Department of Environmental Quality, local police or fire departments, the Oklahoma Department of Transportation, County Commissioners' offices, and the Oklahoma State Department of Health city or county offices;

(3) educational facilities, such as local schools and colleges.Activities at local schools might include janitorial or maintenance work, playground monitors, or cafeteria workers;

(4) animal welfare organizations, such as the Oklahoma Department of Wildlife Conservation, local humane societies, and animal shelters;

(5) child care programs, such as Head Start and licensed after school programs;

(6) agencies responsible for community recreation or beautification of cities, counties, or the state, such as the Oklahoma Tourism and Recreation Department, local parks and recreation programs, or local Young Men's Christian Association (YMCA) programs;

(7) other city, county, or state agencies or entities that provide services to the community;

(8) charitable organizations, such as the United Way, Salvation Army, and Goodwill Industries International Inc.;

(9) charitable organizations or faith-based entities that sponsor organized community events, such as Relay for Life, health fairs, and community Thanksgiving or Christmas programs or dinners; and

(10) OKDHS Office of Faith and Community Engagement Services programs.

2628.The county director reports injuries to DHS OKDHS HRM Employee Focused Services on Form 23RS046E the Workers' Compensation Incident Investigation Report.

2729.The worker must update Form 08TW002E.

SUBCHAPTER 23. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) NATIONAL OR STATE EMERGENCY

340:10-23-1. National or State emergency

Issued 9-16-20

(a) National or state emergency.In the event of a national or state emergency declaration by The President of United States or Governor of the State of Oklahoma resulting in a hardship for Temporary Assistance for Needy Families (TANF) recipients, the State may opt to provide additional services using non-recurring short term benefits (NRST).The State may, at its discretion, implement one or more of the NRST benefits, per (b) of this Section.The Oklahoma Human Services Director issues, by memo, activation of this policy and lists the approved NRST benefits to be implemented during the designated emergency.The approved NRST benefits may not exceed four months and are based on availability of funding.

(b) NRST benefits.NRST benefits may include:

(1) TANF Child Care eligibility rules relaxed to an amount up to, but not exceeding, 300 percent of the federal poverty level $0 copay to allow families not receiving cash assistance four months of child care at no cost.

(2) providing an additional Emergency TANF (ETANF) cash assistance payment to current TANF recipients to offset disaster or emergency expenses in an amount to be determined per emergency;

(3) housing search and placement services;

(4) clothing allowances;

(5) short-term rental or mortgage assistance;

(6) utility or energy assistance;

(7) legal services for TANF recipients who are pursing Supplemental Security benefits from pre-filing through the administrative appeals process or to help resolve personal or family legal problems when such problems are a threat to family stability or undermine employment;

(8) family support services to deal with stressful events;

(9) financial and credit counseling; or

(10) Diversion Assistance.

(b) TANF application process.TANF applications may be submitted online or, with applicant permission, the worker may submit the online application by proxy for the applicant.The in-person face-to-face interview requirement may be waived and the interview may be conducted by phone or video conferencing technology.The TANF cash assistance benefit may be certified after all eligibility factors are determined to be met during the emergency.

(c) TANF eligibility requirements waived during emergency declaration.Depending on the nature of the national or state emergency, certain TANF eligibility requirements may be waived.¢ 1

(1) The substance abuse screening requirement, per Oklahoma Administrative Code (OAC) 340:10-4-1 and education assessments, per OAC 340:10-2-3, may be waived when assessment providers are unable to provide assessment testing due to the emergency.TANF recipients are required to complete all required assessments when testing resumes.If the TANF recipient tests positive for the illegal use of a controlled substance or substances, the worker follows normal procedures, per OAC 340:10-4-1.

(2) When TANF recipients are unable to participate in assigned TANF Work activities, per OAC 340:10-2-1, due to no fault of their own, such as when a medical pandemic occurs or another disaster causes all businesses and school campuses to close or residents to receive shelter in place orders, the recipient is granted good cause.¢ 2

(3) When a person's TANF cash assistance benefit closed for non-compliance with his or her assigned TANF Work activity within 30-calendar days of the date an emergency was declared, and he or she was unable to participate in a TANF Work activity due to the emergency, the worker may reopen the TANF cash assistance benefit during the crisis.When this occurs, the TANF recipient is expected to resume TANF Work participation when the national or state emergency ends.

(d) TANF supplement.When TANF recipients experience a job loss or reduction in wages and incur an income loss due to the national or state emergency, the worker supplements the TANF cash assistance benefit up to the maximum payment standard for the household's size, per Oklahoma Human Services Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule IX, effective the month the emergency is declared.

(e) Economic impact payments.Economic impact payments received as a result of a national or state emergency are:

(1) considered as a rebate or advance payment of a credit; and

(2) excluded as income and from resource consideration for a period of 12 months from the receipt date for the purpose of determining eligibility for benefits or assistance under any federal program or under any state or local program, financed in whole or in part with federal funds, per Section 103(d) of the American Taxpayer Relief Act, as amended in Section 6409 of Title 26 of the United States Code.

INSTRUCTIONS TO STAFF 340:10-23-1

Issued 9-16-20

1.Staff are notified which requirements may be waived for a specific emergency declaration.

2.The worker opens a good cause authorization, labels it with the emergency type, and enters a Family Assistance/Client Services case note regarding the emergency declaration.No participation allowances are paid while the good cause authorization is open.

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