COMMENT DUE DATE:
February 3, 2009
DATE:
January 20, 2009
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 08-25
The proposed policy is Permanent . This proposal will go to the Commission meeting on
Substantive changes from the emergency rules are proposed, and are highlighted in turquoise.
CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program
OAC 340:10-2-1 [AMENDED]
OAC 340:10-2-2 [INSTRUCTIONS TO STAFF ONLY REVISED]
OAC 340:10-2-3 [INSTRUCTIONS TO STAFF ONLY REVISED]
OAC 340:10-2-4 [AMENDED]
OAC 340:10-2-6.1 [INSTRUCTIONS TO STAFF ONLY REVISED]
OAC 340:10-2-7 [INSTRUCTIONS TO STAFF ONLY REVISED]
Subchapter 3. Conditions of Eligibility – Need
Part 1. Resources
OAC 340:10-3-5 [AMENDED]
Part 3. Income
OAC 340:10-3-40 [AMENDED]
Part 5. Assistance Payments
OAC 340:10-3-56 through 340:10-3-57 [AMENDED]
Part 7. Transitional Benefits
OAC 340:10-3-75 [AMENDED]
OAC 340:10-3-81 [AMENDED]
Subchapter 7. Conditions of Eligibility - Residence
OAC 340:10-7-1 [AMENDED]
Subchapter 10. Conditions of Eligibility – Deprivation
OAC 340:10-10-1 [INSTRUCTIONS TO STAFF ONLY REVISED]
Subchapter 19. Eligibility requirements for Emergency Assistance to Needy Families with Children.
OAC 340:10-19-2 [AMENDED]
Subchapter 22 Temporary Assistance for Needy Families (TANF) Supported Permanency Program
OAC 340:10-22-1 [AMENDED]
(Reference APA WF 08-25)
SUMMARY: The purpose of the proposed rules is to revise Temporary Assistance for Needy Families (TANF) rules in accordance with the Deficit Reduction Act of 2005.The proposed revisions to Subchapter 2 of Chapter 10 amend the rules to: (1) clarify required work participant hours for a non-incapacitated adult when deprivation is based on incapacity; (2) update language regarding who is considered to be in a targeted group for the Work Opportunity Tax Credit; (3) reflect the current appendix numbers; (4) update language to current terminology; and (5) correct a policy cite.
The proposed revisions to Subchapter 3 of Chapter 10 amend the rules to: (1) clarify that Supplemental Security Income (SSI) income is not considered in determining the TANF benefit; (2) clarify consideration of reimbursements made to foster care and potential foster care parents; (3) add reference to child of a minor in foster care to those who may be included in TANF benefit; (4) clarify consideration of income from spouse of a needy caretaker and income of SSI dependents; (5) reflect the current form numbers; (6) update language to current terminology; (7) update legal cite used for the Supplemental Nutrition Assistance Program (SNAP) formerly known as the Food Stamp Program.
The proposed revisions to Subchapter 7 of Chapter 10 amend the rules to: (1) remove reference to a revoked rule; and (2) update language to current terminology.
The proposed revision to Subchapter 19 of Chapter 10 is to update language to current terminology.
The proposed revision to Subchapter 22 of Chapter 10 is to update language to current terminology.
OAC 340:10-2-1 is revised to clarify required work participant hours for a non-incapacitated adult when deprivation is based on incapacity.
OAC 340:10-2-2 Instructions to Staff (ITS) is amended to update: (1) language to current terminology, which includes changing the name of the Food Stamp Program to the Supplemental Nutrition Assistance Program (SNAP); and (2) forms the worker must use to determine affordable child care.
OAC 340:10-2-3 ITS is amended to: (1) clarify what assessments are required at certification when good cause exists; and (2) update language to current terminology.
OAC 340:10-2-4 is revised to update: (1) language regarding who is considered to be in a targeted group for the Work Opportunity Tax Credit; (2) language to current terminology; (3) appendix numbers; and (4) a policy cite.
OAC 340:10-2-6.1 ITS is revised to add study as countable hours when they are included in the participant's employability plan.
OAC 340:10-2-7 ITS is revised to add study time as countable hours when they are included in the participant's employability plan.
OAC 340:10-3-5 is revised to update language to current terminology by updating the legal cite used for SNAP.
OAC 340:10-3-40 is revised to: (1) update the legal cite used for SNAP; (2) clarify that SSI income is not considered in determining the TANF benefit; (3) clarify consideration of reimbursements made to foster care and potential foster care parents; (4) update language to current terminology; and (5) update form numbers.
OAC 340:10-3-56 is revised to: (1) add reference to child of a minor in foster care to those who may be included in TANF benefit; and (2) update language to current terminology.
OAC 340:10-3-57 is revised to: (1) clarify consideration of income from spouse of a needy caretaker and income of SSI dependents; and (2) update language to current terminology.ITS is revised to: (1) update appendix numbers; and (2) change the name of the Child Support Enforcement Division (CSED) to Oklahoma Child Support Services (OCSS).
OAC 340:10-3-75 is revised to update language to current terminology.
OAC 340:10-3-81 is revised to update language to current terminology.ITS is updated to correct a policy cite.
OAC 340:10-7-1 is revised to: (1) remove reference to revoked policy; and (2) update language to current terminology.ITS is revised to update a form number.
OAC 340:10-10-1 ITS is revised to add examples of documentation used for verification of parent's death.
OAC 340:10-19-2 is revised to update language to current terminology.
OAC 340:10-22-1 is revised to update language to current terminology.ITS is revised to correct a policy cite.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Sections 230.50, 230.52, 230.62, 230.64, and 230.65; the Deficit Reduction Act of 2005; Parts 261.2, 261.60, 261.61 and 262.2 of Title 45 of the Code of Federal Regulations (CFR).
| OKLAHOMA DEPARTMENT OF HUMAN SERVICES Rule Impact Statement |
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:Mary Stalnaker, Division Director
Family Support Services Division
Date:January 16, 2009
Re:CHAPTER 10, TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 2. Temporary Assistance For Needy Families (TANF) Work Program
OAC 340:10-2-1 [AMENDED]
OAC 340:10-2-4 [AMENDED]
Subchapter 3. Conditions of Eligibility – Need
Part 1. Resources
OAC 340:10-3-5 [AMENDED]
Part 3. Income
OAC 340:10-3-40 [AMENDED]
Part 5. Assistance Payments
OAC 340:10-3-56 through 340:10-3-57 [AMENDED]
Part 7. Transitional Benefits
OAC 340:10-3-75 [AMENDED]
OAC 340:10-3-81 [AMENDED]
Subchapter 7. Conditions of Eligibility - Residence
OAC 340:10-7-1 [AMENDED]
Subchapter 19. Eligibility requirements for Emergency Assistance to Needy Families with Children.
OAC 340:10-19-2 [AMENDED]
Subchapter 22 Temporary Assistance for Needy Families (TANF) Supported Permanency Program
OAC 340:10-22-1 [AMENDED]
(Reference APA WF 08-25)
Contact:Laura Brown, 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The purpose of the proposed rules is to revise Temporary Assistance for Needy Families (TANF) rules in accordance with the Deficit Reduction Act of 2005.The proposed revisions to Subchapter 2 of Chapter 10 amend the rules to: (1) clarify required work participant hours for a non-incapacitated adult when deprivation is based on incapacity; (2) update language regarding who is considered to be in a targeted group for the Work Opportunity Tax Credit; (3) reflect the current appendix numbers; (4) update language to current terminology; and (5) correct a policy cite.
The proposed revisions to Subchapter 3 of Chapter 10 amend the rules to: (1) clarify that Supplemental Security Income (SSI) income is not considered in determining the TANF benefit; (2) clarify consideration of reimbursements made to foster care and potential foster care parents; (3) add reference to child of a minor in foster care to those who may be included in TANF benefit; (4) clarify consideration of income from spouse of a needy caretaker and income of SSI dependents; (5) reflect the current form numbers; (6) update language to current terminology; (7) update legal cite used for the Supplemental Nutrition Assistance Program (SNAP) formerly known as the Food Stamp Program.
The proposed revisions to Subchapter 7 of Chapter 10 amend the rules to: (1) remove reference to a revoked rule; and (2) update language to current terminology.
The proposed revision to Subchapter 19 of Chapter 10 is to update language to current terminology.
The proposed revision to Subchapter 22 of Chapter 10 is to update language to current terminology.
Strategic Plan impact.The proposed rules support Oklahoma Department of Human Services mission to administer public resources in a fiscally responsible and ethical manner.
Substantive changes.
OAC 340:10-2-1 supersedes the emergency rule and, is revised to clarify required work participant hours for a non-incapacitated adult when deprivation is based on incapacity.
OAC 340:10-2-4 is revised to update: (1) language regarding who is considered to be in a targeted group for the Work Opportunity Tax Credit; (2) language to current terminology; (3) appendix numbers; and (4) a policy citation.
OAC 340:10-3-5 supersedes the emergency rule, and is revised update language to current terminology by updating the legal citation used for SNAP.
OAC 340:10-3-40 is revised to:(1) update the legal cite used for SNAP; (2) clarify that SSI income is not considered in determining the TANF benefit; (3) clarify consideration of reimbursements made to foster care and potential foster care parents (4) update language to current terminology; and (5) update form numbers.
OAC 340:10-3-56 is revised to: (1) add reference to child of a minor in foster care to those who may be included in TANF benefit and (2) update language to current terminology.
OAC 340:10-3-57 is revised to: (1) clarify consideration of income from spouse of a needy caretaker and income of SSI dependents and (2) update language to current terminology.
Reasons.The proposed rules will better reflect current interpretation of TANF Work activities and reporting responsibilities under the Deficit Reduction Act of 2005 and to provide staff with clear and concise rules to facilitate the accurate delivery of benefits.
Repercussions. If the proposed revisions are not implemented, OKDHS may be out of compliance with federal regulations and may lead to incorrect application of rules by staff.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Sections 230.50, 230.52, 230.62, 230.64, and 230.65; the Deficit Reduction Act of 2005; Parts 261.2, 261.60, 261.61 and 262.2 of Title 45 of the Code of Federal Regulations (CFR).
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:TANF applicants and recipients and staff will be affected.
C.A description of the classes of persons who will benefit from the proposed rule: TANF applicants and recipients and staff will benefit.
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 TANF 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:Anticipated printing cost for the proposed rules would be $10.
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: 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 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: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 by promoting family safety and stability.
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, families with children will be adversely affected and rules would not be in compliance with federal regulations.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared December 3, 2008.Modified January 16, 2009 for permanent rulemaking.
