COMMENT DUE DATE:
April 28, 2009
DATE:
April 7, 2009
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 09-07
The proposed policy is Emergency . This proposal will go to the Commission meeting on
CHAPTER 10, TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 22, Temporary Assistance for Needy Families (TANF) Supported Permanency Program
OAC 340:10-22-1 [AMENDED]
(Reference APA WF 09-07)
SUMMARY: The proposed revision to Subchapter 22 of Chapter 10 amends the rules to broaden eligibility for the supported permanency program to reduce delay in achieving permanency for children.
EMERGENCY APPROVAL:Emergency rulemaking approval is requested as OKDHS finds compelling public interest to broaden eligibility for the supported permanency program to reduce delay in achieving permanency goals for children.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; 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).
State of Oklahoma
DEPARTMENT OF HUMAN SERVICES
RULE IMPACT STATEMENT
TO:Programs Manager
Policy Management Unit
FROM:Mary Stalnaker, Director
Family Support Services Division
DATE:April 1, 2009
RE:CHAPTER 10, TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 22, Temporary Assistance for Needy Families (TANF) Supported Permanency Program
OAC 340:10-22-1 [AMENDED]
APA WF 09-07
CONTACT:Laura Brown, Telephone: 521-4396
A.Brief description of the purpose of the proposed rule.
PURPOSE: The proposed revision to Subchapter 22 of Chapter 10 amends the rules to broaden eligibility for the supported permanency program to reduce delay in achieving permanency for children.
STRATEGIC PLAN IMPACT:The proposed rules achieve OKDHS goals by providing support to strengthen permanency options for children and families.
SUBSTANTIVE CHANGES:
OAC 340:10-22-1 is revised to broaden eligibility for supported permanency.
REASONS:The proposed revision will increase the number of children eligible for the supported permanency program.
REPERCUSSIONS:The proposed rules will assist OKDHS in achieving permanency for children and will reduce the number of children required to remain in the care and under the supervision of OKDHS.If the proposed revisions are not implemented, permanency for some children will be delayed and they will remain in OKDHS custody.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; 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).
Emergency rulemaking approval is requested.
Emergency rulemaking approval is requested as OKDHS finds compelling public interest to broaden eligibility for the supported permanency program to reduce delay in achieving permanency goals for children.
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 rules are children in OKDHS custody and their relatives. 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 children in OKDHS custody and their relatives.
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 revised rules do not have an economic impact on the affected entities. There are no fee changes associated with the revised rules.
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, which is estimated to be less than $20. The revised rules will result in broadened eligibility for children in OKDHS custody reducing the delay in achieving the permanency goal. The TANF budget is sufficient to pay for the increased eligibility for the Supported Permanency Program without asking for an increase in the current TANF budget.
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 will broaden eligibility for the supported permanency program which will have a positive impact on the health, safety, and well-being of children in OKDHS custody and their relatives by enabling the achievement of permanency goals.
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, If the proposed rules are not implemented, certain children will not be eligible for the support permanency program and will be required to remain in OKDHS custody until the current age requirements are met.
.
K.The date the rule impact statement was prepared and if modified, the date modified:Prepared April 1, 2009.
SUBCHAPTER 22, TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) SUPPORTED PERMANENCY PROGRAM
340:10-22-1.Temporary Assistance for Needy Families (TANF) Supported Permanency Program
Revised 6-1-09 7-1-09
(a) Scope.In an effort to promote permanency for a child(ren) who is in the custody of the Oklahoma Department of Human Services (OKDHS) and placed with a relative(s) residing in Oklahoma who is a paid kinship relative foster home, the Supported Permanency Program has been developed.¢ 1Supported permanency is considered appropriate when the:
(1) child is age 12 or older meets age requirements described on Schedule XVII of Appendix C-1, Maximum Income, Resource, and Payment Standards ; or has a sibling age 12 or older who meets age requirements described on Schedule XVII of Appendix C-1, and resides in the same relative foster home;
(2) relative(s) meets the specified degree of relationship as defined in OAC 340:10-9-1;
(3) court has made a finding that reasonable efforts to reunite the child(ren) with his or her parent(s) are not required or have been made and failed, and the permanency plan of reunification has been ruled out;
(4) child(ren) currently resides with the relative(s) in Oklahoma and has resided with the relative(s) four of the last six months;
(5) relative(s) has completed all requirements to be an approved OKDHS foster care home;
(6) relative(s) is willing to assume legal responsibility; and¢ 2
(7) court and, if appropriate, the child(ren), are in agreement with the plan for the relative(s) to obtain legal responsibility.
(b) Eligibility.¢ 3Once the Supported Permanency Program is determined appropriate by the Child Welfare (CW) worker and the transfer of legal responsibility has been approved by the court, the CW worker makes a referral for Temporary Assistance for Needy Families (TANF) to the Field Operations Division Family Support Services.¢ 4When the child(ren) is approved for TANF supported permanency, he or she is eligible for SoonerCare (Medicaid) and child care benefits, if appropriate.
(1) Income of this child(ren) is considered the same as for any other TANF eligible child.¢ 5
(2) Food benefit eligibility is dependent on the eligibility of the household.
(3) Benefit reduction as a result of program violation is applicable for school attendance and immunization.¢ 6
(4) If the child(ren) leaves the home to reside elsewhere, the Supported Permanency Program benefit is terminated for the child(ren).
(5) If the child(ren) returns to this home, he or she may be eligible for cash assistance but not the Supported Permanency Program benefit.
INSTRUCTIONS TO STAFF 340:10-22-1
Revised 6-1-09 7-1-09
1.Refer to OAC 340:75-6-31.4.
2.The transfer of legal responsibility can be completed through:
(1) a permanent care and custody transfer in a juvenile proceeding.See OAC 340:75-1-18.2;
(2) a custody transfer to a kinship guardian.See OAC 340:75-1-18.3; or
(3) a traditional guardianship.See OAC 340:75-6-31.
3.Supportive service funds described in OAC 340:10-18 are not available for this child(ren).
4.(a) The Child Welfare (CW) worker makes the referral on Form DCFS-77 04PP006E, Supported Permanency Referral, within five working days of the relative(s) obtaining legal responsibility.Form DCFS-77 04PP006E must have the copy of the legal responsibility order and the e-mail authorization from the Children and Family Services Division (CFSD) Permanency Planning Section attached.The date legal responsibility is awarded is considered the date of application for Temporary Assistance for Needy Families (TANF).
(1) The Family Support Services (FSS) worker must contact the relative(s) within five working days of receipt of Form DCFS-77 04PP006E.
(2) The relative(s) is advised by the CW worker to contact the FSS worker within ten working days of the relative(s) obtaining legal responsibility when no personal contact has been made by the FSS worker.
(b) The TANF application is processed the same as any other "child only" case.However, the benefit amount is determined by use of the Oklahoma Department of Human Services (OKDHS) Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule XVII.
(1) To identify this child(ren), a "CK" benefit type is used in the Benefit Type block located on the Household tab of Family Assistance/Client Services (FACS).
(2) The Information Management System (IMS) transaction F17K is used to issue retroactive or supplemental payments.To access the F17K transaction, enter F17K space case number.
(c) The age of the child(ren) determines the amount of the cash benefit.County Worker Activity (CWA) 14 notifies the worker when the child(ren) turns 5 years 10 months and 12 years 10 months.The worker must make a change on the Financial Assistance tab on Family Assistance/Client Services (FACS) on or after the day the child(ren) turns age 6 or 13 for the benefit amount to recalculate correctly.If the child's birthday falls after regular roll, the change is made for the next effective date and the F17K transaction is used to issue a supplemental payment.
5.Refer to OAC 340:10-3-26.
6.Refer to OAC 340:10-3-57(g).
