COMMENT DUE DATE:
February 1, 2011
DATE:
January 19, 2011
Laura Brown FSSD (405) 521-4396
Dena Thayer OIRP Programs Administrator (405) 521-4326
Pat McCracken OIRP (405) 522-1017
RE:
APA WF 10-19
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program
OAC 340:10-2-2 [AMENDED]
OAC 340:10-2-4 through 340:10-2-5 [AMENDED]
OAC 340:10-2-7 [AMENDED]
OAC 340:10-2-8 [INSTRUCTIONS TO STAFF ONLY REVISED]
Subchapter 3. Conditions of Eligibility – Need
Part 3. Income
OAC 340:10-3-39 [AMENDED]
OAC 340:10-3-40 [INSTRUCTIONS TO STAFF ONLY REVISED]
Part 5. Assistance Payments
OAC 340:10-3-57 [AMENDED]
Subchapter 5. Conditions of Eligibility – Age
OAC 340:10-5-1 [AMENDED]
Subchapter 7. Conditions of Eligibility – Residence
OAC 340:10-7-1 [AMENDED]
Subchapter 9. Conditions of Eligibility – Relationship of Payee to Child
OAC 340:10-9-1 [AMENDED]
Subchapter 10. Conditions of Eligibility – Deprivation
OAC 340:10-10-4 [AMENDED]
OAC 340:10-10-6 through 340:10-10-7 [INSTRUCTIONS TO STAFF ONLY REVISED]
Subchapter 13. Conditions of Eligibility – School Attendance
OAC:340:10-13-1 [AMENDED]
Subchapter 14. Conditions of Eligibility – Immunizations
OAC:340:10-14-1 [AMENDED]
(Reference APA WF 10-19)
SUMMARY:The proposed revisions to Subchapter 2 of Chapter 10 amend the rules to: (1) add a new reason for failure to participate in Temporary Assistance for Needy Families (TANF) Work activities; (2) move information regarding TANF Work activities to the appropriate section; (3) add clarifying information; and (4) update terminology.
The proposed revisions to Subchapter 3 of Chapter 10 amend rules to: (1) clarify how to consider child support income; (2) define person acting in the role of a spouse; and (3) add clarifying language.
The proposed revisions to Subchapter 5 of Chapter 10 amend rules to update language and terminology regarding acceptable verification of age.
The proposed revisions to Subchapter 7 of Chapter 10 amend rules to clarify that a worker must check out-of-state receipt of benefits before certification.
The proposed revisions to Subchapter 9 of Chapter 10 amend rules to clarify legal responsibility when parental rights are terminated or the child is adopted by someone else.
The proposed revisions to Subchapter 10 of Chapter 10 amend rules to: (1) update information needed to determine deprivation; and (2) remove outdated information.
The proposed revisions to Subchapter 13 of Chapter 10 amend rules to: (1) update type of schools that meet school attendance requirement; (2) remove worker instructions from the rule; and (3) update information to current terminology.
The proposed revisions to Subchapter 14 of Chapter 10 amend rules to: (1) change time limit for providing proof of current immunizations; (2) update language to current terminology; and (3) add clarifying information.
340:10-2-2 is amended to add: (1) a new reason for failure to participate in the TANF Work program; and (2) clarifying information regarding reopening benefits following closure.Instructions to staff (ITS) is amended to: (1) update an appendix and (2) add a reason good cause may be approved.
340:10-2-4 is amended to move information about the Work Experience Program (WEP) and Community Partnership (CP) from the training section to the employment section.
340:10-2-5 is amended to add the completion of online applications as a form of job contact.
340:10-2-7 amendment supersedes emergency rule action to remove WEP and CP from this Section and add them to 340:10-2-4.
340:10-2-8 Instructions to staff is amended to add fees for special testing not covered under the Disability Advocacy Program (DAP) contract as an allowed use for flex funds.
340:10-3-39 is amended to add information about how to consider child support income received by the assistance unit.
340:10-3-40 ITS is amended to clarify how to calculate disbursements received by individual Indians.
340:10-3-57 is amended to: (1) update and define who is considered as a person acting in the role of a spouse; and (2) add clarifying language.ITS is amended to: (1) clarify who can receive tribal TANF; (2) better explain how to calculate and code stepparent income; and (3) add policy cites for more information.
340:10-5-1 is amended to update language and terminology regarding acceptable verification of age.
340:10-7-1 is amended to clarify that when the applicant has lived out-of-state, no matter how far in the past, the worker must verify whether the applicant received out-of-state TANF benefits before certification.
340:10-9-1 is amended to clarify legal responsibility when parental rights are terminated or the child is adopted by someone else.
340:10-10-4 is amended to: (1) remove outdated information; and (2) update information needed to verify deprivation.
340:10-10-6 ITS staff is amended to update language to current terminology.
340:10-10-7 ITS is amended to: (1) clarify how to code child support income and (2) add a policy cite.
340:10-13-1 is amended to: (1) allow virtual schools to meet school attendance requirement; (2) remove worker instructions from the rules; and (3) update information to current terminology.ITS is amended to: (1) define what is meant by a virtual school (2) add information regarding worker action when compliance to the school attendance requirement occurs after a penalty is imposed; and (3) explain how to verify school attendance.
340:10-14-1 is amended to: (1) change the time limit to verify immunizations are current from six months to 90 calendar days following certification; (2) update language to current terminology; and (3) add clarifying information.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; Sections 230.50, 230.52, 230.56, 230.64, 230.65 and 230.66 of Title 56 of the Oklahoma Statutes; Parts 261.2, 261.10, and 261.30, of Title 45 of the Code of Federal Regulations (CFR); and Section 7301 of Public Law 109-171.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Mary Stalnaker, Director
Family Support Services Division
Date:November 23, 2010
Re:CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program
OAC 340:10-2-2 [AMENDED]
OAC 340:10-2-4 through 340:10-2-5 [AMENDED]
OAC 340:10-2-7 [AMENDED]
Subchapter 3. Conditions of Eligibility – Need
Part 3. Income
OAC 340:10-3-39 [AMENDED]
Part 5. Assistance Payments
OAC 340:10-3-57 [AMENDED]
Subchapter 5. Conditions of Eligibility – Age
OAC 340:10-5-1 [AMENDED]
Subchapter 7. Conditions of Eligibility – Residence
OAC 340:10-7-1 [AMENDED]
Subchapter 9. Conditions of Eligibility – Relationship of Payee to Child
OAC 340:10-9-1 [AMENDED]
Subchapter 10. Conditions of Eligibility – Deprivation
OAC 340:10-10-4 [AMENDED]
Subchapter 13. Conditions of Eligibility – School Attendance
OAC:340:10-13-1 [AMENDED]
Subchapter 14. Conditions of Eligibility – Immunizations
OAC:340:10-14-1 [AMENDED]
(Reference APA WF 10-19)
Contact:Laura Brown, 521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapter 2 of Chapter 10 amend the rules to: (1) add a new reason for failure to participate in Temporary Assistance for Needy Families (TANF) Work activities; (2) move information regarding TANF Work activities to the appropriate section; (3) add clarifying information; and (4) update terminology.
The proposed revisions to Subchapter 3 of Chapter 10 amend rules to: (1) clarify how to consider child support income; (2) define person acting in the role of a spouse; and (3) add clarifying language.
The proposed revisions to Subchapter 5 of Chapter 10 amend rules to update language and terminology regarding acceptable verification of age.
The proposed revisions to Subchapter 7 of Chapter 10 amend rules to clarify that a worker must check out-of-state receipt of benefits before certification.
The proposed revisions to Subchapter 9 of Chapter 10 amend rules to clarify legal responsibility when parental rights are terminated or the child is adopted by someone else.
The proposed revisions to Subchapter 10 of Chapter 10 amend rules to: (1) update information needed to determine deprivation; and (2) remove outdated information.
The proposed revisions to Subchapter 13 of Chapter 10 amend rules to: (1) update type of schools that meet school attendance requirement; (2) remove worker instructions from the rule; and (3) update information to current terminology.
The proposed revisions to Subchapter 14 of Chapter 10 amend rules to: (1) change time limit for providing proof of current immunizations; (2) update language to current terminology; and (3) add clarifying information.
Strategic Plan impact. The proposed rules achieve OKDHS goals by assisting clients to become independent, employed, and productive citizens and to administer public resources in a fiscally responsible and ethical manner.
Substantive changes.
340:10-2-2 is amended to add: (1) a new reason for failure to participate in the TANF Work program; and (2) clarifying information regarding reopening benefits following closure.
340:10-2-4 is amended to move information about the Work Experience Program (WEP) and Community Partnership (CP) from the training section to the employment section.
340:10-2-5 is amended to add the completion of online applications as a form of job contact.
340:10-2-7 amendment supersedes emergency rule action to remove WEP and CP from this Section and add them to 340:10-2-4.
340:10-3-39 is amended to add information about how to consider child support income received by the assistance unit.
340:10-3-57 is amended to: (1) update and define who is considered as a person acting in the role of a spouse; and (2) add clarifying language.
340:10-5-1 is amended to update language and terminology regarding acceptable verification of age.
340:10-7-1 is amended to clarify that when the applicant has lived out-of-state, no matter how far in the past, the worker must verify whether the applicant received out-of-state TANF benefits before certification.
340:10-9-1 is amended to clarify legal responsibility when parental rights are terminated or the child is adopted by someone else.
340:10-10-4 is amended to: (1) remove outdated information; and (2) update information needed to verify deprivation.
340:10-13-1 is amended to: (1) allow virtual schools to meet school attendance requirement; (2) remove worker instructions from the rules; and (3) update information to current terminology.
340:10-14-1 is amended to: (1) change the time limit to verify immunizations are current from six months to 90 calendar days following certification; (2) update language to current terminology; and (3) add clarifying information.
Reasons. The proposed rules reflect current interpretation of state and federal regulations regarding TANF Work activities and the Statewide Temporary Assistance Responsibility System (STARS) and provide staff with clear and concise rules to facilitate the accurate delivery of benefits and services to persons who are in need.
Repercussions.The proposed rules will make policy easier to understand for OKDHS staff and the public.If the proposed revisions are not implemented staff may not properly process and maintain cases which could cause clients to receive an incorrect level of benefits, may cause errors if cases are audited, and may negatively affect the TANF participation rate.
Legal authority. Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; Sections 230.50, 230.52, 230.56, 230.64, 230.65 and 230.66 of Title 56 of the Oklahoma Statutes; Parts 261.2, 261.10, and 261.30, of Title 45 of the Code of Federal Regulations (CFR); and Section 7301 of Public Law 109-171.
Permanent approval. 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 rules are TANF applicants and recipients.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 TANF applicants and recipients.
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 amended rules do not have an economic impact on the affected entities. There are no fee changes associated with the amended 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.
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 rules 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 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: There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
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 nonregulatory 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: No detrimental effect on the public health, safety, and environment is anticipated if the proposed rules are not implemented.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared November 23, 2010.Modified December 14, 2010.
