COMMENT DUE DATE:
February 14, 2020
DATE:
January 15, 2020
Laura Brown, Adult and Family Services 405-521-4396
Dena Thayer, Programs Administrator, Legal Services - Policy 405-521-4326
Nancy Kelly, Policy Specialist, Legal Services - Policy 405-522-6703
RE:
APA WF 20-10
The proposed policy is Permanent . 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 amendments are permanent.
A public hearing is scheduled for 10:00 a.m. on February 24, 2020, at DHS, Sequoyah Memorial Office Building, 2400 N. Lincoln Boulevard, Oklahoma City, Oklahoma 73105, Room C-48.Anyone who wants to speak must sign in at the door by 10:05 a.m.
SUBJECT:CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES(TANF)
Subchapter 1. General Provisions
340:10-1-3. State Plan for Temporary Assistance for Needy Families (TANF)
Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program
340:10-2-4 through 340:10-2-5 [AMENDED]
340:10-2-7 through 340:10-2-8 [AMENDED]
Subchapter 3. Conditions of Eligibility – Need
Part 1. Resources
340:10-3-1 through 10-3-2 [AMENDED]
340:10-3-5 [AMENDED]
340:10-3-9 through 340:10-3-10 [AMENDED]
Part 3. Income
340:10-3-28 [AMENDED]
340:10-3-32 [AMENDED]
340:10-3-39 through 340:10-3-40 [AMENDED]
Part 5. Assistance Payments
340:10-3-58 through 340:10-3-59 [AMENDED]
Part 7. Transitional Benefits
340:10-3-75 [AMENDED]
Subchapter 4. Conditions of Eligibility - Mandatory Drug Screening
340:10-4-1 [AMENDED]
Subchapter 7. Conditions of Eligibility - Residence
340:10-7-1 [AMENDED]
Subchapter 10. Conditions of Eligibility - Deprivation
340:10-10-2 [AMENDED]
Subchapter 22. Temporary Assistance for Needy Families (TANF) Supported Permanency Program
340:10-22-1 [AMENDED]
(Reference WF 20-10)
SUMMARY:
The proposed amendment to Chapter 10, Subchapter 1 amends the rule to add information regarding programs that help reduce teen pregnancy.
The proposed amendments to Chapter 10, Subchapter 2 amend the rules to:(1) clarify that the earned income disregard period available to working Temporary Assistance for Needy Families (TANF) clients runs concurrently with Subsidized Employment Program (SEP) disregards; (2) update Work Opportunity Tax Credit information; (3) remove reference to a form that is no longer used for job search; (4) add examples of in-demand occupations for training purposes; (5) remove career readiness certificates from allowed achievement bonus activities; (6) update terminology; and (7) add a policy citation.
The proposed amendments to Chapter 10, Subchapter 3 amend the rules to:(1) reorganize, simplify, and clarify information regarding resources, family relations, lump sum payments, and funds held in trust by the Bureau of Indian Affairs (BIA); (2) remove the resource limit amount and refer to an appendix for this information; (3) add information about how to consider funds deposited in charitable accounts; (4) remove retirement benefits from lump sum payment consideration; (5) clarify when rental income is considered as earned or unearned income and how business expenses are considered; (6) update profit sharing income to indicate how to consider profit sharing for shareholders in S corporations and partners in partnerships; (7) add S corporation income and distinguish when income from this source is considered as earned income or unearned profit-sharing income; (8) update legal citations regarding Title III and V funds excluded under the Older Americans Act and the organizations that receive the funds; (9) exclude military combat pay from income consideration; (10) update terminology; (11) add and update policy and legal citations; (12) change the date required information must be reported for continued medical benefits (CMB); and (13) clarify and simplify language.
The proposed amendments to Chapter 10, Subchapter 4 amend the rules to update:(1) terminology; and (2) when an observed urinalysis (UA) must be completed.
The proposed amendments to Chapter 10, Subchapter 7 amend the rules to:(1) clarify and simplify procedures to determine Oklahoma residence at application and when a TANF assistance unit member temporarily leaves Oklahoma after certification; (2) add that TANF Work participants may be sanctioned if they temporarily leave the state and do not participate in work activities during their absence unless good cause reason exists; and (3) add policy citations.
The proposed amendments to Chapter 10, Subchapter 10 amend the rules to:(1) update terminology and form numbers; (2) reorganize, simplify, and clarify information regarding procedures to determine incapacity at application and after certification; (3) remove obsolete information regarding a specialist's exam; and (4) add a policy citation.
The proposed amendment to Chapter 10, Subchapter 22 amends the rules to:(1) update TANF Supported Permanency Program (SPP) rules regarding guardianship and how a relative is referred to apply for TANF SSP; (2) update terminology; (3) add a policy citation and form; and (4) add clarifying language.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; Section 162. 165, 230.52, and 230.57 of Title 56 of the Oklahoma Statues; and Sections 601, 602, and 608 of Title 42 of the United States Code.
Rule Impact Statement
To:Programs Administrator
Legal Services - Policy
From:Patrick Klein,Director
Adult and Family Services
Date:December 13, 2019
Re:CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES(TANF)
Subchapter 1. General Provisions
340:10-1-3. State Plan for Temporary Assistance for Needy Families (TANF)
Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program
340:10-2-4 through 340:10-2-5 [AMENDED]
340:10-2-7 through 340:10-2-8 [AMENDED]
Subchapter 3. Conditions Of Eligibility – Need
Part 1. Resources
340:10-3-1 [AMENDED]
340:10-3-2 [AMENDED]
340:10-3-5 [AMENDED]
340:10-3-9 through 340:10-3-10 [AMENDED]
Part 3. Income
340:10-3-28 [AMENDED]
340:10-3-32 [AMENDED]
340:10-3-39 through 340:10-3-40 [AMENDED]
Part 5. Assistance Payments
340:10-3-58 through 340:10-3-59 [AMENDED]
Part 7. Transitional Benefits
340:10-3-75 [AMENDED]
Subchapter 4. Conditions of Eligibility - Mandatory Drug Screening
340:10-4-1 [AMENDED]
Subchapter 7. Conditions of Eligibility - Residence
340:10-7-1 [AMENDED]
Subchapter 10. Conditions of Eligibility - Deprivation
340:10-10-2 [AMENDED]
Subchapter 22. Temporary Assistance For Needy Families (TANF) Supported Permanency Program
340:10-22-1 [AMENDED]
(Reference WF 20-10)
Contact:Laura Brown, 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.
The proposed amendment to Chapter 10, Subchapter 1 amends the rule to add information regarding programs that help reduce teen pregnancy.
The proposed amendments to Chapter 10, Subchapter 2 amend the rules to:(1) clarify that the earned income disregard period available to working Temporary Assistance for Needy Families (TANF) clients runs concurrently with Subsidized Employment Program (SEP) disregards; (2) update Work Opportunity Tax Credit information; (3) remove reference to a form that is no longer used for job search; (4) add examples of in-demand occupations for training purposes; (5) remove career readiness certificates from allowed achievement bonus activities; (6) update terminology; and (7) add a policy citation.
The proposed amendments to Chapter 10, Subchapter 3 amend the rules to:(1) reorganize, simplify, and clarify information regarding resources, family relations, lump sum payments, and funds held in trust by the Bureau of Indian Affairs (BIA); (2) remove the resource limit amount and refer to an appendix for this information; (3) add information about how to consider funds deposited in charitable accounts; (4) remove retirement benefits from lump sum payment consideration; (5) clarify when rental income is considered as earned or unearned income and how business expenses are considered; (6) update profit sharing income to indicate how to consider profit sharing for shareholders in S corporations and partners in partnerships; (7) add S corporation income and distinguish when income from this source is considered as earned income or unearned profit-sharing income; (8) update legal citations regarding Title III and V funds excluded under the Older Americans Act and the organizations that receive the funds; (9) exclude military combat pay from income consideration; (10) update terminology; (11) add and update policy and legal citations; (12) change the date required information must be reported for continued medical benefits (CMB); and (13) clarify and simplify language.
The proposed amendments to Chapter 10, Subchapter 4 amend the rules to update:(1) terminology; and (2) when an observed urinalysis (UA) must be completed.
The proposed amendments to Chapter 10, Subchapter 7 amend the rules to:(1) clarify and simplify procedures to determine Oklahoma residence at application and when a TANF assistance unit member temporarily leaves Oklahoma after certification; (2) add that TANF Work participants may be sanctioned if they temporarily leave the state and do not participate in work activities during their absence unless good cause reason exists; and (3) add policy citations.
The proposed amendments to Chapter 10, Subchapter 10 amend the rules to:(1) update terminology and form numbers; (2) reorganize, simplify, and clarify information regarding procedures to determine incapacity at application and after certification; (3) remove obsolete information regarding a specialist's exam; and (4) add a policy citation.
The proposed amendment to Chapter 10, Subchapter 22 amends the rules to:(1) update TANF Supported Permanency Program (SPP) rules regarding guardianship and how a relative is referred to apply for TANF SSP; (2) update terminology; (3) add a policy citation and form; and (4) add clarifying language.
Strategic Plan Impact.
The proposed amendments achieve Oklahoma Department of Human Services (DHS) goals by continuously improving systems and processes and improving communication with DHS clients and staff.
Substantive changes.
Subchapter 1. General Provisions
Oklahoma Administrative Code (OAC) 340:10-1-3 is amended to add information regarding programs that help reduce teen pregnancy.
Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program
OAC 340:10-2-4 is amended to:(1) clarify that the earned income disregard period available to working TANF clients runs concurrently with SEP disregards; and (2) update Work Opportunity Tax Credit criteria.
OAC 340:10-2-5 is amended to remove reference to a form that is no longer used for job search.
OAC 340:10-2-7 is amended to add examples of in-demand occupations for training purposes.
OAC 340:10-2-8 is amended to remove career readiness certificates from allowed achievement bonus activities.
Subchapter 3. Conditions Of Eligibility – Need
Part 1. Resources
OAC 340:10-3-1 is amended to:(1) remove an obsolete term; and (2) add policy citations.
OAC 340:10-3-2 is amended to:(1) reorganize, simplify, and clarify resource information; and (2) remove the resource limit amount and refer to an appendix for this information.
OAC 340:10-3-5 is amended to:(1) add information about how to consider funds deposited in charitable accounts; and (2) simplify language.
OAC 340:10-3-9 is amended to:(1) reorganize, simplify, and clarify information regarding family relations; and (2) update a policy citation.
OAC 340:10-3-10 is amended to:(1) simplify and clarify language: and (2) add a policy citation.
Part 3. Income
OAC 340:10-3-28 is amended to:(1) reorganize, simplify, and clarify information regarding lump sum payments; (2) remove retirement benefits from lump sum consideration as they are considered a resource; and (3) add policy citations.
OAC 340:10-3-32 is amended to:(1) clarify when rental income is considered as earned or unearned income and how business expenses are considered; (2) update profit sharing income to indicate how to consider profit sharing for shareholders in S corporations and partners in partnerships; and (3) add S corporation income and distinguish when income from this source is considered as earned income or unearned profit-sharing income.
OAC 340:10-3-39 is amended to:(1) reorganize, simplify, and clarify information regarding funds held in trust by the BIA; (2) add profit sharing as an unearned income source; (3) clarify and simplify language; (4) update terminology; and (5) add an appendix and policy citations.
OAC 340:10-3-40 is amended to:(1) add information regarding accounts established to pay for medical or funeral expenses; (2) update legal citations regarding Title III and V funds excluded under the Older Americans Act and the organizations that receive the funds; and (3) exclude military combat pay from income consideration..
Part 5. Assistance Payments
OAC 340:10-3-58 is amended to:(1) clarify and simplify language; (2) update terminology; and (3) add a policy citation.
OAC 340:10-3-59 is amended to:(1) clarify language; (2) update a policy citation; and (3) add an appendix.
Part. 7 Transitional Benefits
OAC 340:10-3-75 is amended to:(1) change the date required information must be reported for CMB; and (2) simplify and clarify language.
Subchapter 4. Conditions of Eligibility - Mandatory Drug Screening
OAC 340:10-4-1 is amended to update:(1) when an observed UA must be completed; and (2) update terminology.
Subchapter 7. Conditions of Eligibility - Residence
OAC 340:10-7-1 is amended to:(1) clarify and simplify procedures to determine Oklahoma residence at application and when a TANF assistance unit member temporarily leaves Oklahoma after certification; (2) add that TANF Work participants may be sanctioned if they temporarily leave the state and do not participate in work activities during their absence unless good cause reason exists; and (3) add policy citations.
Subchapter 10. Conditions of Eligibility - Deprivation
OAC 340:10-2-2 is amended to:(1) reorganize, simplify, and clarify information regarding procedures to determine incapacity at application and after certification; (2) remove obsolete information regarding a specialist's exam; and (3) update terminology and form numbers.
Subchapter 22. Temporary Assistance For Needy Families (TANF) Supported Permanency Program
OAC 340:10-22-1 is amended to:(1) update TANF SPP rules regarding guardianship and how a relative is referred to apply for TANF SSP; (2) update terminology; (3) add a policy citation and form; and (4) add clarifying language.
Reasons.
The proposed amendment to add information regarding programs that help reduce teen pregnancy and examples of in-demand training fields are made to meet Administration for Children and Families (ACF) requirements.
The proposed amendments to:(1) clarify when rental income is considered as earned or unearned income and how business expenses are considered; (2) update profit sharing income to indicate how to consider profit sharing for shareholders in S corporations and partners in partnerships; (3) add S corporation income and distinguish when income from this source is considered as earned income or unearned profit-sharing income; (4) update legal citations regarding Title III and V funds excluded under the Older Americans Act and the organizations that receive the funds; and (5) exclude military combat pay from income consideration are made to align rules to match Supplemental Nutrition Assistance Program (SNAP) and Child Care Subsidy changes.
The proposed amendment to change the date required information must be reported for CMB is changed as the current date is later than some negative deadline dates.
The proposed amendment to remove information regarding a specialist exam from the incapacity determination process is made as the Oklahoma Heath Care Authority removed it from their disability determination process as it is not longer used.
The proposed amendment to update TANF SPP rules regarding guardianship and how a relative is referred to apply for TANF SSP are made to align with changes made by Child Welfare Services (CWS).
Repercussions.
If the proposed amendments are not implemented:(1) Adult and Family Services (AFS) will be out of compliance with ACF requirements; (2) TANF policy will not align with SNAP, Child Care Subsidy, and CWS policy; and (3) staff may not process benefits accurately due to unclear rules and current processes not being reflected in rules.
Legal authority.
Director of Human Services; Section 162. 165, 230.52, and 230.57 of Title 56 of the Oklahoma Statues; and Sections 601, 602, and 608 of Title 42 of the United States Code.
Permanent rulemaking approval is requested.
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 and DHS 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 and DHS 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 DHS includes the cost of printing and distributing the rules estimated to be less than $20.The proposed amendments will result in enhanced delivery of services by reorganizing, clarifying, simplifying, and updating rules to reflect current processes.
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 amendments are not designed to reduce significant risks to the public health, safety, and environment.
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, no detrimental effects on the public health, safety, and environment are anticipated.AFS will be out of compliance with ACF requirements.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared on May 24, 2019; modified December 13, 2019.
