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COMMENT DUE DATE:  

September 2, 2008

DATE: 

August 19, 2008

Laura Brown    FSSD    (405) 521-4396

Dena Thayer   PMU Manager   (405) 521-4326

Pat McCracken   PMU Specialist   (405) 522-1017

RE:  

APA WF 08-08

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 will go to the Commission meeting on

CHAPTER 60. REFUGEE RESETTLEMENT PROGRAM

OAC 340:60-1-3 [AMENDED]

OAC 340:60-1-6 [Instructions to Staff only revised]

(Reference APA WF 08-08)

SUMMARY:The proposed revisions to Chapter 60 amend the rules to:(1) add language to allow certain Iraqi and Afghan persons admitted as special immigrants to be eligible for the Refugee Resettlement Program; (2) change language regarding the form used to declare alien status; and (3) change language to reflect current usage.

340:60-1-3 is revised to (1) add language to allow Iraqi and Afghani persons admitted as special immigrants to be eligible for refugee benefits; (2) change language regarding the form used to declare alien status; and (3) update language to reflect current usage.

340:60-1-6 Instructions to Staff are amended to limit eligibility for Afghan persons admitted as special immigrants to a maximum of six months of benefits before categorical relationship must be determined.

EMERGENCY APPROVAL:Emergency rulemaking approval is requested as the Oklahoma Department of Human Services (OKDHS) finds compelling public interest to amend rules to be in compliance with recent federal legislation.

LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution, the Personal Responsibility and Work Opportunity Act of 1996 (Public Law (P.L.) 104-193), 45 Code of Federal Regulations Part 400, 62 Federal Register 61345-61350; Section 525 of Division G of P.L. 110-161 of the Consolidated Appropriations Act of 2008, Section 101(a)(27) of the INA [8 U.S.C. 1101(a)(27)], and Section 1244 of P.L. 110-181 of the National Defense Authorization Act for Fiscal Year 2008.

State of Oklahoma

DEPARTMENT OF HUMAN SERVICES

RULE IMPACT STATEMENT

 

TO:Programs Administrator

Policy Management Unit

FROM:Mary Stalnaker, Director

Family Support Services Division

DATE:07-08-08

RE:CHAPTER 60. REFUGEE RESETTLEMENT PROGRAM

340:60-1-3 [AMENDED]

APA WF 08-08

CONTACT:Laura Brown, Telephone: 521-4396

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

PURPOSE: The purpose of the proposed revisions to Chapter 60 amend the rules to:(1) add language to allow certain Iraqi and Afghan persons admitted as special immigrants to be eligible for the Refugee Resettlement Program; (2) change language regarding the form used to declare alien status; and (3) change language to reflect current usage.

 

STRATEGIC PLAN IMPACT:The proposed rules support Oklahoma Department of Human Services (OKDHS) mission to administer public resources in a fiscally responsible and ethical manner.

SUBSTANTIVE CHANGES:

OAC 340:60-1-3 is revised to:(1) add language to allow Iraqis and Afghans admitted as special immigrants to be eligible for refugee benefits; (2) change language regarding the form used to declare alien status; and (3) update language to reflect current usage.

REASONS:The proposed rules are written to comply with recent legislation at Section 525 of Division G of Public Law (P.L.) 110-161 of the Consolidated Appropriations Act of 2008, Section 101(a)(27) of the Immigration and Nationality Act (INA) [8 U.S.C. 1101(a)(27)] and Section 1244 of P.L. 110-181 of the National Defense Authorization Act for Fiscal Year 2008.

REPERCUSSIONS:If the proposed rules are not implemented, OKDHS will not be in compliance with recent legislation at Section 525 of Division G of P.L. 110-161 of the Consolidated Appropriations Act of 2008, Section 101(a)(27) of the Immigration and Nationality Act (INA) [8 U.S.C. 1101(a)(27)] and Section 1244 of P.L. 110-181 of the National Defense Authorization Act for Fiscal Year 2008.

LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution, the Personal Responsibility and Work Opportunity Act of 1996 (P.L. 104-193), 45 Code of Federal Regulations Part 400, 62 Federal Register 61345-61350; Section 525 of Division G of P.L. 110-161 of the Consolidated Appropriations Act of 2008, Section 101(a)(27) of the INA [8 U.S.C. 1101(a)(27)], and Section 1244 of P.L. 110-181 of the National Defense Authorization Act for Fiscal Year 2008.

Emergency rulemaking approval is requested.

Emergency rulemaking approval is requested as OKDHS finds compelling public interest to amend rules to be in compliance with recent federal legislation.

 

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:Refugee applicants and recipients will be affected.

C.A description of the classes of persons who will benefit from the proposed rule:Refugee applicants and recipients will be affected.

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:

The economic impact will be positive for refugee applicants and recipients.

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 population newly eligible for refugee benefits is small and It is anticipated that the number of persons applying in Oklahoma will be minimal.Anticipated printing cost for the proposed rules would be $10.

F.A determination of whether implementation of the proposed rule will have an economic impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:There will be no economic impact on any political subdivisions nor will their cooperation be required in implementing or enforcing the rules.

G.A determination of whether implementation of the proposed rule may have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:The proposed rules will not have an adverse effect on small business.

H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or non‑regulatory 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 rules.

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 implementation of the proposed rules should have a positive effect on the public health, safety, and environment of Iraqi and Afghan persons who are now eligible for benefits.

J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed rules are not implemented, Iraqis and Afghans will be adversely affected if they are found ineligible for benefits and rules would not be in compliance with new federal regulations.

K.The date the rule impact statement was prepared and if modified, the date modified:Prepared July 8, 2008.Modified July 30, 2008.

CHAPTER 60. REFUGEE RESETTLEMENT PROGRAM

340:60-1-3. Refugee Resettlement Program (RRP)

Revised 6-1-06 11-1-08

(a) The Refugee Act of 1980.The Oklahoma Department of Human Services (OKDHS) RRP uses the international definition of refugee adopted under the Refugee Act of 1980.¢ 1

(b) Refugee documentation.¢ 2An applicant for assistance under the RFP RRP must provide documentation issued by the United States Citizenship and Immigration Services (USCIS).Acceptable documentation includes, but is not limited to:

(1) Form I-94, Departure Record;

(2) Form I-551, Legal Permanent Resident Card;¢ 3

(3) a passport stamped with the classification status;

(4) a T-Visa; or

(5) a letter or order from the USCIS or court granting asylum.

(c) Refugee status.Documentation from USCIS provided by the applicant must show the applicant's status is:

(1) paroled as a refugee or asylee under Section 212(d)(5) of the Immigration and Nationality Act (Act INA);

(2) admitted as a refugee under Section 207 of the Act INA;

(3) granted asylum under Section 208 of the Act INA;

(4) admitted as an Amerasian immigrant from Vietnam under Section 584 of the Foreign Operations, Export Financing and Related Program Appropriations Act of 1989, as amended;

(5) admitted for permanent residence, provided the individual person previously held one of the statuses identified in this Section;

(6) a Cuban or Haitian entrant; or

(7) an alien and his or her eligible relatives who are victims of a severe form of trafficking pursuant to Section 107(b) of the Trafficking Victims Protection Act of 2000 which was reauthorized and amended by the Trafficking Victims Protection Reauthorization Act of 2003.;

(8) an Iraqi admitted under special immigrant status pursuant to Section 525 of Division G of Public Law (P.L.)110-161 of the Consolidated Appropriations Act of 2008, Section 101(a)(27) of the INA [8 U.S.C. 1101(a)(27)], and Section 1244 of P.L 110-181 of the National Defense Authorization Act for Fiscal Year 2008; or

(9) an Afghan admitted under special immigrant status pursuant to Section 525 of Division G of P.L 110-161 of the Consolidated Appropriations Act of 2008 and Section 101(a)(27) of the INA [8 U.S.C. 1101 (a)(27)].¢ 4

(d) Verification of alien status.Form PS-4, Declaration of Citizenship Status, is a required part of the application process.A declaration of alien status is required at application for all persons applying for RRP.

(1) Under penalty of perjury, Form PS-4must be signed attesting to citizenship or lawful alien status by:

(A) each adult included in the case; and

(B) an adult included in the case for all individuals under 18 years of age.In the absence of an adult in the case, the applicant, payee, or responsible adult acting in behalf of minor individuals signs Form PS-4 the applicant declares the alien status of all persons applying for RRP benefits on the application form and signs the application.After certification, this declaration is made on Form 08MP022E, Declaration of Citizenship Status, before additional persons are added to the benefit.

(2) The Systematic Alien Verification for Entitlement (SAVE) process is used to verify alien status per OAC 340:65-3-4(a)(5).¢ 5

(fe) Exclusions from RRP.Persons excluded from participation in RRP are:

(1) resident aliens who did not previously have the status of refugee or asylee; or

(2) any applicant for asylum who has not been granted asylum status.

INSTRUCTIONS TO STAFF 340:60-1-3

Revised 6-1-06 11-1-08

1.The international definition of refugee is:

(1) a person outside his or her country of origin who is unable or unwilling to return to that country due to persecution or a well-founded fear of persecution after such return; and

(2) in specifically designated countries, those persons who are still within their countries of origin who have a well-founded fear of persecution if they remain.

2.The Comprehensive Alien Chart can be accessed on the Family Support Services/ Temporary Assistance for Needy Families (FSSD/TANF) Web site on the InfoNet.

3.Form I-151, Resident Alien Card, is no longer valid to prove immigration status.Individuals Persons who present Form I-151 must be referred to the United States Citizenship and Immigration Services (USCIS) for a replacement Form I‑551, Permanent Resident Card.

4.An Afghan may be eligible for benefits for up to six months from the date the person is granted special immigrant status.

5.Refugees who inquire about changing their alien status to legal permanent resident (LPR) contact USCIS, 4400 SW 44 St, Suite A, Oklahoma City, Oklahoma, 73119.

340:60-1-6. Program eligibility and procedures [ITS ONLY REVISED]

Revised 6-1-06

(a) Social services.Social services are provided by Oklahoma Department of Human Services (OKDHS) contracted providers in accordance with Section 400.147 through 155 Title 45 of the Code of Federal Regulations.

(b) Cash assistance.Refugees must be afforded an opportunity to apply for cash assistance.Eligibility is determined according to Temporary Assistance for Needy Families (TANF) or State Supplement Payment (SSP) program rules.The worker refers refugees who are age 65 or over, blind, or disabled to the Social Security Administration to apply for Supplemental Security Income (SSI).If the eligibility requirements for TANF or SSP are not met, a referral is made to Catholic Charities for Refugee Cash Assistance (RCA).

(c) Medical assistance.Medicaid eligibility must be determined according to rules in OAC 317:35.If not eligible for Medicaid, eligibility for Refugee Medical Assistance (RMA) must be determined using Oklahoma Department of Human Services (OKDHS) Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule XIV.All recipients of RCA are eligible for RMA if not eligible for Medicaid.

(d) Refugee Medical Assistance.¢ 1A determination of categorical relationship is not required for the first eight months of eligibility for RMA from the date of entry into the United States.This date of entry is found on the documentation verifying the refugee's or asylee's status.After the first eight months,¢ 2 Medicaid rules at OAC 317:35 apply.For RMA, only income available on the date of application is considered.No consideration is given to:

(1) in-kind services and shelter provided by a sponsor or a local resettlement agency;

(2) cash assistance payments; and

(3) employment earnings which start after approval for RMA.

(e) Application processing time limit.An application must be disposed of by a date which brings the effective date of action within 30 days following the date of application.When disposition is not possible within this time limit, the applicant is notified in writing at the end of the 30 days of the reason for the delay and the right to request a fair hearing if he or she chooses to do so [OAC 340:2-5].

(f) Food benefits.The appropriate food benefit application and certification procedures are followed.¢ 23

INSTRUCTIONS TO STAFF 340:60-1-6

Revised 6-1-06 11-1-08

1.When determined eligible for Refugee Medical Assistance (RMA), the Family Assistance/Client Services (FACS) fields completed are:

(1) Citizen/Alien, with an entry of Qualified Alien-Asylee or Qualified Alien‑Refugee (Household tab);

(2) Alien Registration Number (Household tab);

(3) Alien Entry Date (Household tab); and

(4) Categorical Relationship with an entry of Refugee with Benefit Types of ABCD or M (CNR) (Medical Gen tab).

2.For an Afghan admitted under special immigrant status pursuant to Section 525 of Division G of Public Law 110-161 of the Consolidated Appropriations Act of 2008 and Section 101(a)(27) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(27)], categorical relationship is not a factor for the first six months of eligibility for RMA from the date special immigrant status is granted.

3.See OAC 340:50 for food benefit rules.OAC 340:50-5-67 Instructions to Staff 1 through 74 specifically addresses alien status rules for food benefits.

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