COMMENT DUE DATE:
September 4, 2012
DATE:
August 22, 2012
Laura Brown, FSSD (405) 521-4396
Nancy Kelly, OIRP (405) 522-6703
Dena Thayer, OIRP Programs Administrator (405) 521-4326
RE:
APA WF 12-05
The proposed policy is Emergency . This proposal will go to the Commission meeting on
CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES TANF)
SUBCHAPTER 2. Employability Planning
OAC 340:10-2-3 [AMENDED]
OAC 340:10-2-6 [AMENDED]
SUBCHAPTER 3. Conditions of Eligibility – Need
PART 5. ASSISTANCE PAYMENTS
OAC 340:10-3-56 through 340:10-3-57 [AMENDED]
SUBCHAPTER 4. Mandatory Drug Screening [NEW]
OAC 340:10-4-1 Mandatory Drug Screening [NEW]
(Reference APA WF 12-05)
Purpose.The proposed revisions to Subchapter 2 of Chapter 10 amend the rules to: (1) add requirements for substance abuse screening per Section 230.52 of Title 56 of Oklahoma Statutes [(56 O.S. 2011§ 230.52) House Bill 2388]; (2) change terminology for clarification; and (3) make substance abuse treatment a mandatory part of employability planning when recommended by a treatment provider.
The proposed revisions to Subchapter 3 of Chapter 10 amend the rules per 56 O.S. 2011 § 230.52 to: (1) state when a child living with an ineligible parent may receive a TANF benefit; (2) exclude a parent or needy caretaker from inclusion in a TANF benefit when he or she screens positive for the illegal use of a controlled substance or substance; and (3) explain how income of an ineligible parent is counted in determining eligibility for child only TANF benefits.The proposed revisions also define the term "living in the home with" when used regarding a person acting in the role of spouse.
Subchapter 4 of Chapter 10 is created to comply with 56 O.S. 2011 § 230.52 to: (1) mandate drug screening for adult parents or needy caretakers that apply for or receive TANF cash assistance; (2) describe reasonable cause indicators of illegal use of controlled substance or substances; (3) describe screening methods; and (4) describe procedures to follow when the adult refuses to comply or fails to follow through with screening, or complies and screens positive for the use of an illegal controlled substance or substances.
SUBSTANTIVE CHANGES:
OAC 10-2-3 is revised to: (1) change terminology for clarification and (2) add language mandating substance abuse screening for adult parent or needy caretaker applicants and recipients per 56 O.S. 2011 Section 230.52.
.OAC 10-2-6 is revised to: (1) clarify terminology; and (2) add requirements for mandatory substance abuse treatment when recommended by a provider as a result of screening and assessment.
OAC 340:10-3-56 is revised per 56 O.S. 2011 Section 230.52 to: (1) state when a child living with an ineligible parent may receive a TANF benefit and (2) exclude a parent or needy caretaker from inclusion in a TANF benefit when he or she screens positive for the illegal use of a controlled substance or substance.The proposed revisions also define the term "living in the home with" when used regarding a person acting in the role of spouse.
OAC 340:10-3-57 is revised to explain how income is counted in determining eligibility for child only TANF benefits when adult parents or needy caretakers are not included in the TANF benefits due to a positive drug screen for use of an illegal controlled substance or substances.
OAC 340:10-4-1 is created to comply with 56 O.S. 2011 Section 230.52: (1) mandating drug screening for adult parents or needy caretakers that apply for or receive TANF cash assistance; (2) describing reasonable cause indicators of illegal use of controlled substance or substances; (3) describing screening methods; and (4) describing procedures to follow when the adult refuses to comply or fails to follow through with screening or complies and screens positive for the use of an illegal controlled substance or substances.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution and revisions to 56 O.S. 2011 Section 230.52 (HB2388) which takes effect on November 1, 2012.
Rule Impact Statement
To:Programs Administrator
Office of Intergovernmental Relations and Policy
From:Jim Struby, Director
Adult and Family Services
Date:August 12, 2012
Re:CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 2. Employability Planning
OAC 340:10-2-3 [AMENDED]
OAC 340:10-2-6 [AMENDED]
Subchapter 3. Conditions of Eligibility – Need
OAC 340:10-3-56 through 340:10-3-57 [AMENDED]
Subchapter 4. Mandatory Drug Screening [NEW]
OAC 340:10-4-1 [NEW]]
(Reference APA WF 12-05)
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 requirements for substance abuse screening per Section 230.52 of Title 56 of Oklahoma Statutes (56 O.S. 2011 Section 230.52) House Bill 2388]; (2) change terminology for clarification; and (3) make substance abuse treatment a mandatory part of employability planning when recommended by a treatment provider.
The proposed revisions to Subchapter 3 of Chapter 10 amend the rules per 56 O.S. 2011 Section 230.52 to: (1) state when a child living with an ineligible parent may receive a TANF benefit; (2) exclude a parent or needy caretaker from inclusion in a TANF benefit when he or she screens positive for the illegal use of a controlled substance or substance; and (3) explain how income of an ineligible parent is counted in determining eligibility for child only TANF benefits.The proposed revisions also define the term "living in the home with" when used regarding a person acting in the role of spouse.
Subchapter 4 of Chapter 10 is created to comply with 56 O.S. 2011 Section 230.52: (1) mandating drug screening for adult parents or needy caretakers that apply for or receive TANF cash assistance; (2) describing reasonable cause indicators of illegal use of controlled substance or substances; (3) describing screening methods; and (4) describing procedures to follow when the adult refuses to comply or fails to follow through with screening, or complies and screens positive for the use of an illegal controlled substance or substances.
Strategic Plan impact. The proposed rules achieve the Oklahoma Department of Human Services (OKDHS) goals by supporting the OKDHS mission to administer public resources in a fiscally responsible and ethical manner.
Substantive changes.
10-2-3 is revised to: (1) change terminology for clarification and (2) add language mandating substance abuse screening for adult parent or needy caretaker applicants and recipients per 56 O.S. 2011 Section 230.52.
.
10-2-6 is revised to: (1) clarify terminology; and (2) add requirements for mandatory substance abuse treatment when recommended by a provider as a result of screening and assessment.
340:10-3-56 is revised per 56 O.S. 2011 Section 230.52 to: (1) state when a child living with an ineligible parent may receive a TANF benefit and (2) exclude a parent or needy caretaker from inclusion in a TANF benefit when he or she screens positive for the illegal use of a controlled substance or substance.The proposed revisions also define the term "living in the home with" when used regarding a person acting in the role of spouse.
340:10-3-57 is revised to explain how income is counted in determining eligibility for child only TANF benefits when adult parents or needy caretakers are not included in the TANF benefits due to a positive drug screen for use of an illegal controlled substance or substances.
340:10-4-1 is created to comply with 56 O.S. 2011 Section 230.52: (1) mandating drug screening for adult parents or needy caretakers that apply for or receive TANF cash assistance; (2) describing reasonable cause indicators of illegal use of controlled substance or substances; (3) describing screening methods; and (4) describing procedures to follow when the adult refuses to comply or fails to follow through with screening or complies and screens positive for the use of an illegal controlled substance or substances.
Reasons. The proposed revisions are necessary to: (1) comply with 56 O.S. 2011 Section 230.52 effective November 1, 2012 which mandates drug screening for adult parents and needy caretakers, procedures to follow when the adult refuses to comply or fails to follow through with screening or complies and screens positive for the illegal use of a controlled substance or substances, and allowing children of parents ineligible for this reason to receive child only TANF benefits and (2) explain proposed policy and procedures surrounding the law for OKDHS staff, clients, and the public in a clear and concise manner to facilitate the accurate delivery of benefits and services to persons who are in need.
Repercussions.The proposed revisions comply with 56 O.S. 2011 Section 230.52 and explain proposed policy and procedures surrounding 56 O.S. 2011 Section 230.52 to OKDHS clients and staff and the public.If these changes are not approved, OKDHS will be out of compliance with 56 O.S. 2011 Section 230.52.
Legal authority. Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution and revisions to 56 O.S. 2011 Section 230.52 (HB2388) which takes effect on November 1, 2012.
Emergency rulemaking approval is requested to comply with changes made to 56 O.S. 2011 Section 230.52 (HB2388) which takes effect on November 1, 2012.
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 and OKDHS staff.The affected classes of persons will bear minimal 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 and OKDHS staff.
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 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 costs and benefits to OKDHS are as follows:
If services were eliminated for 84 clients (previous year’s number of clients receiving a substance abuse treatment plan) due to a positive controlled substance chemical drug screen, TANF payments and TANF Work activities would be reduced by $226,113 per year, based upon an average cost per case of $3,546.
The children on those cases would be eligible to receive child only TANF benefits for 12 months.Assuming 2.4 children per case, 200 children would be eligible for child only benefits which would not be paid under current policy. The estimated cost for 12 months of child only benefits would be $208,800 ($87 X 200 X 12).
The difference in additional cost offset by potential savings would be $17,313 ($226,113 – 208,800).This amount would be further offset by the indirect costs to OKDHS staff to implement new policies and procedures.
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 health and safety of children because of possible increased reporting of substance abuse problems to Child Welfare and increased identification and treatment of substance abuse problems when theirparents or needy caretakers apply for or receive TANF benefits.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:The proposed rules may lead to decreased family stability when TANF benefits are reduced or closed.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared August 13, 2012.
CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
SUBCHAPTER 2. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) WORK PROGRAM
340:10-2-3. Employability planning
Revised 12-1-09 11-1-12
(a) Scope and applicability.The employability planning process begins at intake and continues as long as there are employment barriers or family circumstances which interfere with the participant obtaining and retaining employment.The worker and the participant initiate Form 08TW002E, TANF Work/Personal Responsibility Agreement.In the development of the employability plan, the worker takes into consideration the need for English as a second language, basic education, literacy, learning disabilities, counseling or treatment for substance abuse or mental health issues, and crisis intervention for domestic violence.¢ 1
(1) Substance abuse screening is required mandatory for every new Temporary Assistance for Needy Families (TANF) adult parent or needy caretaker applicant and participant.This includes when the client self declares a substance abuse problem.¢ 2
(2) Literacy screening is required mandatory for individuals who have not obtained a high school diploma or General Educational Development (GED) certificate and have demonstrated a lack of literacy skills.¢ 3
(b) Interest and ability assessments.Assessments are required to determine the participant's skills, abilities, and barriers.¢ 4Assessment tools used are the Washington State Learning Disability Screen, the Test of Adult Basic Education (TABE) locator, the TABE battery, the Career Occupation Preference System (COPS), Key Train, and Career Readiness Certification.¢ 5
(1) The use of these assessments provides the worker, participant, assessment specialist, and/or community partners with:
(A) an indication of possible learning disabilities;
(B) a measurement of the participant's skills, abilities, interests, and aptitude; and
(C) meaningful information to create a valid employability plan.
(2) Participants referred for testing are informed of the use that is made of the how test results are used.Test scores are kept confidential but may be shared with community partners.Referrals To refer the participant for testing, are made by use of the worker completes and sends Form 08TW003E, Interagency Referral and Information to the community partner.¢ 6Participants in formal assessments are eligible for participant allowances and child care.
(c) Employability planning.The worker and the participant use the information from the assessment and other relevant information to develop a plan for securing employment.
(1) The employability plan is a part of the social services plan for the entire family and includes establishing both short and long term goals, including specific occupational goals, activities, and services which are necessary to achieve the goals.¢ 76It must be realistic and within the participant's ability to achieve.
(1)(2) The employability plan may include staffing with other community partners for assignment to specific work activities, collaboration with other agencies for services such as job placement, training, and education, and the provision of social services.The plan must identify specific needs and activities required to reach the occupational goal and estimated dates for achievement.The plan may include more than one activity at a time based on the participant's specific needs and the hours available.The employability plan is a part of the social services plan for the entire family.It must be realistic and within the participant's ability to complete.¢ 87
(2)(3) The participant is informed that the employability plan is updated as necessary to account for situational changes.The employability plan is reviewed with the participant and updated as changes occur and at the completion of any work activity.¢ 98If no changes have occurred, the worker reviews the employability plan within six months.
(3)(4) Participants who are employed with income insufficient to close the case must have a plan designed to upgrade employment.These plans must not interfere with current employment.
(d) Work activities.Participants are assigned to one or more activities and scheduled the minimum number of hours as required.¢ 109The participant signs Form 08TW002E, when any work activity other than the Work Experience Program or Subsidized Employment Program (SEP) is approved.
(1) Assignments must be within the scope of the participant's employability plan.
(2) The assignment must be related to the capability of the participant to perform the task on a regular basis.
(3) The daily commuting time to and from home to the assigned education, employment, or training site is normally less than two hours.Commuting time does not include the time required to transport a child to and from a child care facility.Where longer travel time is normal in the community, the round trip commuting time may not exceed the general community standards.
(4) When child care is required, it must be of the participant's choosing.¢ 1110It must be available during the hours the participant is engaged in any work activity, plus any additional commuting time.
(5) Assignments which are discriminatory in terms of age, sex, race, religion, ethnic origin, or physical or mental disability are not made.¢ 1211
(6) The site of the assignment must not be in violation of established and applicable health and safety standards.
(7) The participant is not referred for a work activity unless supportive services necessary for participation are available.The cessation or withdrawal of such services constitutes good cause for refusal to participate.
(8) When the agreed upon employability plan requires hours in excess of the minimum requirement, the participant must participate the agreed upon number of hours.
INSTRUCTIONS TO STAFF 340:10-2-3
Revised 6-1-09 11-1-12
1.Workers utilize the results of approved screening tools for literacy or substance abuse.Refer to OAC 340:10-2-1 and 340:10-2-6 for the Temporary Assistance for Needy Families (TANF) Work exception for a single custodial parent under 20 who has not completed high school or obtained a General Education Development (GED) certificate.Assessments are not required for minor payee participants as the local school district is responsible for their educational and career needs.A TANF payee younger than 18 years of age, who has obtained a high school diploma or GED can be referred for assessments when there is parental consent.When this TANF payee turns 18 years of age, parental consent is no longer required and assessment referrals can be made.
2.If the participant self-declares a substance abuse problem, it is not necessary to administer a substance abuse screen.The age and/or educational status of the participant who self declares a substance abuse problem determines the referral process for further assessments.If the participant is:
(1) 20 years of age or older a referral is made to the designated provider for further assessments;
(2) 18 years of age but under age 20 with a high school diploma or GED a referral is made to the designated provider for further assessments;
(3) 18 years of age but under age 20 without a high school diploma or GED, the participant can voluntarily agree to a referral to a designated provider for further assessments; or
(4) under age 18, the participant is advised to discuss treatment with his or her primary care physician.
Refer to OAC 340:10-2-6 and OAC 340:10-4-1 for substance abuse screening rules and procedures.
3.The reading level of the TANF participant is updated on Family Assistance/Client Services (FACS) from any approved educational assessment tool.
4.(a) When assessments are completed, the worker must update the Auth AT ASMT tab on FACS to track the results of the assessments.The TANF tracking assessment components are:
(1) substance abuse pre-screening;
(1)(2) substance abuse subtle screening inventory (SASSI);
(2)(3) addiction severity index (ASI);
(4) results of urinalysis (UA) if applicable;
(3)(5) learning disability;
(4)(6) academic achievement, which includes reading, math, and language;
(5)(7) career interests, abilities, and values;
(6)(8) Key Train; and
(7)(9) career readiness certification.
(b) It is not necessary to have a participant assessed who is in an approved work activity or has been assessed in the last six months to one year.
(c)(b) If the client is not required to participate in a TANF Work activity due to good cause at certification, the only required assessment is the SASSI substance abuse screen.All other assessments may be delayed until the client is able to participate in TANF Work. In extreme circumstances such as hospitalization, the SASSI assessment may also be delayed.
5.Assessment tools may be obtained through the statewide assessment contract or a community partner.
(1) The Washington State Learning Disability Screen is a short assessment tool that gives indication of possible learning disabilities not previously identified.
(2) The Test of Adult Basic Education (TABE) locator is an assessment tool used to identify which TABE assessment is given depending on the educational functioning level of the participant.
(3) The TABE measures reading, math, and language levels from grades 0 through 12.9.
(4) The Woodcock-Johnson III, a comprehensive system for measuring general intellectual ability, specific cognitive abilities, scholastic aptitude, oral language, and achievement is administered by the assessment provider when there is an indication of possible learning disabilities.
(5) The Career Occupation Preference System (COPS) is used to identify the participant's interests, abilities, and work values.
(6) Key Train assessments are given to determine job skill level in the areas of reading for information, applied mathematics, and locating information.
(7) For participants with high Key Train scores who are determined to be job ready, a test is administered for the Career Readiness Certificate.The Career Readiness Certificate shows employers the person has the skills needed for employment.
6.The appropriate assessment results are submitted with Form 08TW003E, Interagency Referral and Information, when a referral is made.If the referral is to the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS), the worker must assist the TANF participant in completing the ODMHSAS Consent for Release of Confidential Information.The Consent for Release of Confidential Information is available from the substance abuse treatment provider.When completed, the original is provided to the substance abuse treatment provider and a copy is retained in the case file.Without the Consent for Release of Confidential Information, the substance treatment abuse provider is not able to notify the worker when a participant does not appear for the initial substance abuse screening and/or assessment.
76.Techniques useful in helping the participant identify a specific employment goal include joint discussion of individual strengths and exploration of all necessary qualifications, duties to be performed, working conditions, salary, benefits, and chances of promotions.
87.The worker documents the action steps, what resources are being used, specific start dates, and anticipated ending dates on Form 08TW002E, TANF Work/Personal Responsibility Agreement, Section 7.Failure to specify these steps negates an adverse action taken against the participant.The employability plan may also include multiple activities that the participant may engage in at any one time.
98.The employability plan may be updated by entering new information on Form 08TW002E, Section 7.The worker and the participant initial the new information.
109.See OAC 340:10-2-1 regarding work requirements.
1110.If purchased child care is provided, refer to OAC 340:40.
1211.Refer to OAC 340:10-1-3(a)(12) for the Civil Rights requirements for TANF.
340:10-2-6. Job readiness
Revised 11-1-08 11-1-12
Job readiness activities help prepare participants for work by ensuring that participants are familiar with general workplace expectations and exhibit work behavior and attitudes necessary to compete successfully in the labor market.The maximum amount of time spent in job readiness activities cannot exceed 240 hours at 20 hours per week or 360 hours at 30 hours per week for the preceding 12 month period for any person.¢ 1
(1) Orientation.Participants are referred to orientation as the need is identified on Form 08TW002E, TANF Work/Personal Responsibility Agreement.¢ 2Orientation consists of individual or group meetings designed to present information about:
(A) self-esteem building;
(B) activities and services available through the Temporary Assistance for Needy Families (TANF) Program;
(C) the Oklahoma Department of Human Service (OKDHS) policies; and
(D) the employment process, including job applications, interviewing, goal‑setting, and managing home and work.
(2) Counseling or Substance abuse or mental health treatment.The worker assists participants who have barriers due to substance abuse or mental health issues that prevent them from obtaining or retaining a job by meeting with the participant and appropriate local partners to determine available resources to overcome barriers.Referrals may include counseling or treatment for substance abuse or mental health problems.Substance abuse treatment is mandatory when it is recommended by the provider as a result of screening and assessment.¢ 3
INSTRUCTIONS TO STAFF 340:10-2-6
Revised 7-1-12
1.No more than four consecutive weeks can count as federal participation.
2.Orientation is not an appropriate activity when the participant completed orientation within the last 12 months.
3.Specific plans include any combination of treatment and work activities that assist the participant to achieve self-support.The plan is developed with the participant and local partners' input.Form 08TW002E, TANF Work/Personal Responsibility Agreement, Section 7, reflects the resource or treatment facility involved, specific hours of each activity, the start and end dates, and the initials of the participant as changes are made on the plan.It may be necessary to meet frequently with the participant and local partners to monitor the participant's progress and determine the need for any changes in the plan.
340:10-3-56. Structure of the assistance unit
Revised 7-1-12 11-1-12
(a) The structure of the assistance unit is defined in this Section.
(1) Persons whose needs must be included in the assistance unit, unless otherwise excluded in accordance with paragraph (3) of this subsection, are:¢ 1
(A) at least one Temporary Assistance for Needy Families (TANF) eligible child;
(B) the natural or adoptive parent(s);¢ 2and
(C) all blood-related minor siblings living in the home with the TANF eligible child(ren), including half brothers and half sisters unless eligibility for the half brothers and half sisters does not exist.¢ 3This does not apply to siblings of a minor parent when the minor parent is the adult in the assistance unit.
(2) Persons whose needs may be included are:
(A) the caretaker relative-payee other than the natural or adoptive parent(s) with whom the child(ren) resides, if this person meets the definition of needy and is of the specified degree of relationship.A caretaker other than stepparent may be included in the assistance unit only when the natural or adoptive parent(s) is absent from the home.A stepparent may be included in the assistance unit when the natural or adoptive parent(s) is incapacitated or absent;
(B) the caretaker relative or the natural or adoptive parent when the only dependent child(ren) residing in the home:
(i) receives Supplemental Security Income (SSI); or
(ii) has been removed from the home by a child protection action and the plan for the child(ren) is impending reunification;¢ 4
(C) the caretaker relative when the only child(ren) in the home receives federal or state foster care maintenance payments;
(D) the adoptive parent(s) when the only dependent child(ren) receives a Title IV‑E or state adoption subsidy;
(E) a family that includes any head of household or a spouse of the head of household who has received TANF benefits for a total of 60 cumulative months nationwide, whether or not consecutive, and a hardship extension is approved.¢ 5All other conditions of TANF eligibility must be met.The hardship extensions are:
(i) under-employment.The participant is regularly working 30 hours or more per week and earning at least minimum wage or its equivalent, but the net income of the assistance unit is insufficient to close the TANF cash assistance;
(ii) chronically under-employed.The participant is under-employed over an extended period of time as a result of documented barriers;¢ 6
(iii) pending SSI or Social Security Administration (SSA) disability application.This extension is granted only if the Oklahoma Department of Human Services (OKDHS) determines the disability application has merit and the participant pursues all appeals through a decision by the SSA Appeals Council.¢ 7If an unfavorable decision is received from the SSA Appeals Council during the time period the participant is approved for a hardship extension, Family Support Services Division (FSSD), TANF Section, is notified and the TANF benefit is closed the next effective date;¢ 8
(iv) care of a disabled child(ren) or spouse.The participant is responsible for the care of a disabled child(ren) or spouse.This extension is granted only when verification has been provided to show the participant is needed in the home to care for this disabled person and there is no alternative care available;¢ 9
(v) a clinical diagnosis of mental illness.The participant must be diagnosed with and receiving treatment for a mental disorder listed at Part 404, Subpart P, Appendix 1 of Title 20 of the Code of Federal Regulations.¢ 10This illness must interfere with the participant maintaining or obtaining gainful employment.If appropriate, the participant must participate in other work activities in conjunction with receiving treatment;
(vi) a substance abuse treatment plan.The participant has a treatment plan level of care which requires intensive aftercare treatment of nine hours or more per week in conjunction with other appropriate work activities, or outpatient treatment of nine hours or more per week in conjunction with other appropriate work activities, or is in full-time inpatient treatment; or¢ 11
(vii) a continuing training or educational activity.The participant, during the 60th month, is regularly attending an approved training or educational activity which will be completed in less than 12 months; or
(F) a child of a minor in foster care if the minor's child is not included in a foster care payment.
(G) a child(ren) living with a parent who is ineligible due to a positive screen for the illegal use of a controlled substance or substances per OAC 340:10-4-1.¢ 12
(3) Persons whose needs may not be included are:
(A) a person who has received a State Supplemental Payment (SSP) for the same month;
(B) a person who has received or is included in an SSI payment for the same month;¢ 1213
(C) the spouse of the payee if the payee is not the natural or adoptive parent;
(D) a child(ren) included in a foster care payment;¢ 1314
(E) an adopted child(ren) receiving an adoption subsidy;
(F) an alien who is not legally admitted to the United States (US) for permanent residence or does not meet alienage requirements;¢ 1415
(G) a caretaker other than a stepparent when the natural or adoptive parent is in the home;
(H) a person whose period of ineligibility due to receipt of a lump sum payment has not expired;
(I) a stepparent when the natural or adoptive parent is in the home and not incapacitated;
(J) a person in a household that is eligible to receive benefits under a tribal TANF program;¢ 1516
(K) a fugitive felon;¢ 1617
(L) a probation and/or parole violator;¢ 1617
(M) a person convicted of having fraudulently misrepresented residence in order to obtain assistance in more than one state.The person is ineligible for a ten year period that begins on the date of conviction;
(N) child(ren) in a family that includes any head of household or a spouse of the head of household who has received TANF benefits for a total of 60 cumulative months, whether or not consecutive, and a hardship extension is not approved; or¢ 1718
(O) a minor unmarried payee who has a dependent child(ren) in the minor's care and does not reside with a parent(s), legal guardian, or other adult relative age 18 or older.For the minor payee to be eligible for TANF benefits, the minor must live with the minor's natural or adoptive parent(s) or a stepparent, legal guardian, or other adult relative age 18 or older, or live in a foster home, maternity home, or other supportive living arrangement supervised by an adult.A supportive living arrangement is where a private family setting is maintained and an adult assumes the responsibility for the care and control of the minor and the minor's dependent child(ren) or provides supportive services such as counseling and guidance.The minor payee can reside elsewhere and be eligible for TANF if good cause is established because the:
(i) minor has no living parent or legal guardian whose whereabouts are known;
(ii) parent(s), legal guardian, or other adult relative does not allow the minor to live in the home;
(iii) physical or emotional health or safety of the minor or the minor's dependent child(ren) is jeopardized if the minor or the minor's dependent child(ren) lives in the home with the parent(s), legal guardian, or other adult relative age 18 or older;
(iv) minor parent has lived apart from the minor's parent(s), legal guardian, or other adult relative age 18 or older, for at least one year before the birth of any dependent child(ren), or before the minor applied for benefits; or
(v) minor parent is legally emancipated pursuant to Chapter 4, Title 10 of the Oklahoma Statutes.A minor is legally emancipated when the district court must have granted the minor the authority to act on the minor's own behalf.;
(P) an adult parent or needy caretaker who is ineligible as a result of a positive screen for the illegal use of a controlled substance or substances as described at OAC 340:10-4-1; ¢ 19
(b) In general, when a person whose needs are included in a TANF assistance unit is temporarily absent from the home for the purpose of receiving training or education for employment, or certain medical services, he or she is considered part of the family and the budgetary requirements are not changed unless needs change by reason of circumstances unrelated to the temporary absence.Persons temporarily absent from the home but included in the assistance unit are:¢ 1820
(1) a person receiving training or education for employment during the period of time the training or educational activities are taking place;
(2) a child(ren) attending boarding school during the school term;
(3) a child(ren) absent from the home on visitation to the absent parent up to a maximum of three months.This consideration applies only to visitation and does not apply if the absent parent has physical and legal custody of the child(ren) during these three months;
(4) a child(ren) absent in order to attend school, other than boarding school.Factors considered in making this determination include the maintenance of normal ties between home and the child(ren) during the period of absence; whether the child(ren) continues under the control and guidance of the payee during the absence; and assumption of responsibility by the relative-payee for meeting the child(ren)'s expenses during the school term.A child(ren) who attends the School for the Blind or the School for the Deaf is considered temporarily absent from the home in determining TANF eligibility;¢ 1921
(5) a person absent from the home because of entrance into a private facility for counseling treatment, rehabilitation, behavioral problems, or special training.If an assessment indicates care is projected for a period exceeding four months, the absence is not considered temporary.At any time an absence is determined as not temporary or no longer temporary, the needs of the person cannot be included in the assistance unit;
(6) a person absent from the home for medical services, other than institutionalization for treatment of mental illness, mental retardation, or tuberculosis, for up to six months.Six-month extensions may be allowed when verification indicates the person may return to the home within the next six months;
(7) a person absent from the home to receive substance abuse treatment for up to four months.A four-month extension may be allowed when verification indicates the person will return to the home within the next four months; or
(8) a person absent from the home to receive nursing care approved by the Oklahoma Health Care Authority, Level of Care Evaluation Unit.If it appears that the person is disabled, an application for State Supplemental Payment is taken and a referral made to the SSA district office for an SSI application.
(c) A change in benefit is not made during a temporary absence from Oklahoma for three months or less, unless a change is necessary by reason of some change in circumstances not relating to such absence from Oklahoma.
INSTRUCTIONS TO STAFF 340:10-3-56
Revised 7-1-12 11-1-12
1.When a person is required to be included in two or more assistance units in the same household, the assistance units must be combined, and the case records consolidated.
2.Refer to OAC 340:10-9-1 Instructions to Staff #2(a) regarding relationship.
3.(a) A child(ren) in common may not be included when deprivation cannot be established for the child(ren) because neither the natural or adoptive parent is disabled or incapacitated and neither parent can meet a work history requirement.In this situation, it is a stepparent case with only the adult and his or her child(ren) by a prior relationship included in the assistance unit.
(b) The worker must open a new case or continue a separate case for an eligible child who is not a blood-related sibling to at least one other child in the assistance unit per OAC 340:10-3-59(b).
(c) A blood-related minor sibling that receives Supplemental Security Income (SSI) or is an ineligible alien may not be included in the Temporary Assistance for Needy Families (TANF) benefit.
4.This provision applies to active TANF benefits only.Refer to OAC 340:10‑3‑57(i) for more information about impending reunification.Impending reunification is the anticipated return of the child(ren) to the home within four months.
5.(a) Per OAC 340:10-1-4 a client is restricted to a lifetime limit of 60 months of TANF unless a hardship extension is approved.In accordance with OAC 340:10-7-1, when a person applying for TANF reports moving to Oklahoma from another state, the worker must contact that state to determine concurrent receipt of TANF and the number of months of TANF received in that state.Form 08TA005E, Out-of-State TANF Benefits, can be used to verify the number of months of out-of-state TANF receipt.
(1) When a person applying for TANF has received 60 months or more of TANF benefits, whether in Oklahoma or out-of-state, the worker discusses Part I of Form 08TW024E, Extension Request for Temporary Assistance for Needy Families (TANF), with the applicant along with other factors of eligibility during a face-to-face interview.
(2) When the client meets all other factors of eligibility and requests a hardship extension, the worker and applicant complete and sign Part I of Form 08TW024E at the face-to-face interview.No action is taken on the application until a decision is made regarding the extension request.
(A) The worker gathers information to determine whether the applicant meets hardship criteria shown on Form 08TW024E and verification of the number of months of previous TANF receipt.
(B) When additional documentation is needed to support the hardship request, the worker gives the applicant Form 08AD092E, Client Contact and Information Request, requesting needed documentation.
(C) The worker documents the interview and reasons why a hardship extension is requested in Family Assistance/Client Services (FACS) Case Notes.
(D) The worker sends Form 08TW024E to the Family Support Services Division (FSSD) TANF Section, along with the case record and all supporting documentation received, to request a hardship extension decision.It is the responsibility of the worker to ensure all assessments, diagnostic tests, and verifications are documented in the case record prior to sending it to FSSD TANF Section.When the months and years of out-of-state TANF receipt are verified after the other case information has already been sent, the worker faxes this information to the FSSD TANF Section or emails it to TANF@OKDHS.org.
(E) The FSSD TANF Section staff reviews all documentation provided, completes Part II of Form 08TW024E showing whether the hardship extension request was approved or disapproved, and returns the case record and all documentation to the worker.
(i) If the request is approved, Form 08TW024E shows when the extension request must be reviewed.The worker enters an ET&E authorization in FACS using the appropriate TANF Work extension component to designate the reason for the extension and enters the review date shown on Form 08TW024E.If the approval is based on an agreement for the client to participate in a work activity, the worker must open an appropriate authorization for that activity to track hours of participation and to pay the client a participation allowance.
(ii) If the request is disapproved, the worker denies the application using code 29A "TANF extension not approved - receipt of TANF benefits for 60 months."
(3) When the applicant marks on Form 08TW024E that an extension is not requested, the worker submits Form 08TW024E to the FSSD TANF Section and denies the application using code 29 "TANF extension not requested – receipt of TANF benefits for 60 months."FSSD TANF Section staff reviews Form 08TW024E and returns it to the worker with Part II completed showing that no request for an extension was received.
(b) When the TANF benefit is active and the client is approaching the 60 month time limit, the system sends an automatic notice in the 57th month of benefit receipt.The notice advises the client to contact the worker as benefits are ending soon.The worker's CWA Report 57 lists all cases where TANF clients are within 90 calendar days of the 60 month time limit.When a case appears on the worker's CWA, the worker makes a home visit or sends the client Form 08AD092E requesting a face-to-face interview to discuss whether the client wishes to request a hardship extension request.
(1) When the client participates in a face-to-face interview and requests an extension, the worker follows the same procedures outlined in (a)(2) of this Instruction.The TANF benefit remains active until a decision is made by the FSSD TANF Section.
(2) When the client fails to respond to the interview request or marks on Form 08TW024E that an extension request is not requested, the worker closes the TANF benefit for the next effective date and follows the same procedures outlined in (a)(3) of this Instruction.Per OAC 340:65-5-1, when the client requests a fair hearing during the ten-day period following the issuance of the adverse notice, the benefit can remain open until a decision is made by the Oklahoma Department of Human Services (OKDHS) Appeals Unit.
(A) When the client requests TANF within 30 calendar days from the effective date of closure, the worker and client complete and sign Part I of Form 08TW024E at a face-to-face interview.The worker follows the same procedures outlined in (a)(2) of this Instruction.
(B) The date of the client's signature on Form 08TW024E is used as the application date of the hardship extension request.No action is taken on the hardship extension request until a decision is reached by the FSSD TANF Section.
(i) If the hardship request is approved, the worker reopens the TANF benefit using the appropriate administrative reopening code.
(ii) If the hardship extension request is disapproved, the worker denies the TANF request using code 29A "TANF extension not approved – receipt of TANF benefits for 60 months."
(3) When the client requests an extension and it is disapproved, the worker closes the TANF benefit for the next effective date using reason code 29A "TANF extension not approved – receipt of TANF benefits for 60 months."
(4) When the hardship extension is requested and disapproved or the client did not request an extension, the client's case appears on the worker's CWA Report 70 30 calendar days from the effective date of the closure.The worker makes a home visit to determine the family's circumstances and offers any appropriate services.The worker documents the interview and current family circumstances in FACS Case Notes.
(c) When the FSSD TANF Section approves the hardship extension request and the reason for the extension changes during the extension period, the worker and client complete and sign a new Part I of Form 08TW024E.The worker sends the extension request with supporting documentation and the active case record to the FSSDTANF Section for a decision.
(1) If the new request is approved, the worker closes the ET&E authorization with the previously approved TANF Work extension component and enters a new ET&E authorization with the new TANF Work extension component and the new review date.
(2) If the new request is disapproved, the worker closes the TANF benefit for the next effective date using reason code 29A "TANF extension not approved – receipt of TANF benefits for 60 months."
(d) When the client's hardship extension approval time frame is completed, the worker makes a home visit or sends the client Form 08AD092E requesting a face-to-face interview to discuss whether the client wishes to request an additional hardship extension.
(1) If the client requests an additional extension, the worker and client complete and sign Part I of Form 08TW025E, Extension Review/Disposition.The worker gives Form 08AD092E to the client when additional supporting documentation is needed.The worker sends Form 08TW025E, any supporting documentation, and the active case record to the FSSD TANF Section for a decision.FSSD TANF staff reviews the request and completes Part II of Form 08TW025E approving or disapproving the request and sends back to the worker this form and all information submitted.
(A) If the continued extension is approved, the worker updates the ET&E authorization to show the new review date for the TANF Work extension component and makes updates as needed to any open ET&E authorizations to track hours of participation.
(B) If the extension request is disapproved, the worker closes the TANF benefit for the next effective date using the code 29C "receipt of 60 months of TANF.Extension time frame completed."
(2) When the client fails to respond to the interview request or marks on Form 08TW025E that a continued extension request is not requested, the worker closes the TANF benefit for the next effective date using code 29C "receipt of 60 months of TANF.Extension time frame completed."
(3) When a hardship extension was requested and disapproved or the client did not request an extension, the client's case appears on the worker's CWA Report 70 30 calendar days from the effective date of the closure.The worker makes a home visit to determine the family's circumstances and offers any appropriate services.The worker documents the interview and current family circumstances in FACS Case Notes.
(e) When a hardship extension request is approved and the client fails, without good cause as described at OAC 340:10-2-2, to follow through with the employment plan as authorized by the extension approval, the worker closes the TANF benefit for the next effective month using code 29B "TANF extension – failed or refused to meet TANF work requirements" and notifies the FSSD TANF Section by email.
(1) When there has been no contact with the person within 30 calendar days after the effective date of closure, the worker makes a home visit to determine the family's circumstances and offers appropriate services.
(2) Persons who agree to participate within 60 calendar days of the date of the benefit termination may have their benefit recertified on reconsideration of the administrative action.The effective date of the recertification is dependent upon the successful participation of the person in an assigned work activity and the circumstances of the case.The FACS Case Notes and Form 08TW002E, TANF Work/Personal Responsibility Agreement, Section 7, must document any requirement placed on the person prior to the recertification of the case.
(3) If the review of the hardship extension falls during the 60 calendar day time frame and the TANF benefit is reopened, a new Form 08TW025E must be completed and signed by the worker and client at the face-to-face interview.Form 08AD092E is given to the client when additional supporting documentation is needed.The worker sends the request with supporting documentation to the FSSD TANF Section for a decision.
(4) If the review of the hardship extension is due after this 60 calendar day time frame and the TANF benefit is reopened, the original review time frame and procedures are followed.Refer to OAC 340:10-2-2 Instructions to Staff (ITS) 5(2) for consideration of Food Stamp Penalty Income (FSPI) and ITS 6 for good cause reasons.
(f) When the client requests TANF more than 30 calendar days from the effective date of closure and the closure was for a reason other than reaching 60 months or closes after being approved for a hardship extension and does not meet the situation described in (e) of this Instruction, a new application and Form 08TW024E are completed and signed by the worker and client at the face-to-face interview.The worker follows the same procedures outlined in (a)(2) of this Instruction.
(g) When the worker closes the TANF benefit on failure to cooperate with TANF Work between the 57th and 60th calendar month of receipt of TANF benefits and the client requests to have the TANF benefit reopened, in addition to updating Form 08TW002E the worker and client complete and sign Part I of Form 08TW024E at the face-to-face interview.The worker follows the same procedures at (a)(2) of this Instruction.FSSD TANF staff wait to make a decision on this request until benefits are reopened.
(h) When the client has received 60 months of TANF benefits and benefits closed due to failure to cooperate with TANF Work (52A) rather than 29A "TANF extension not approved – receipt of TANF benefits for 60 months," and the client requests an extension within 60 calendar days of closure, a new application form is not required.Part I of Form 08TW024E and Form 08TW002E are completed and signed by worker and client at face-to-face interview.The worker follows the same procedures at (a)(2).The TANF benefit remains closed until the client is cooperating in a new TANF Work plan and the hardship extension approval is received by worker.
6.Barriers can include, but are not limited to, learning disabilities, physical limitations, which can include a high risk pregnancy or late term pregnancy, or mental disorders observed by the OKDHS staff or other community partners.Medical records are not required to document the observed mental disorder.
7.Examples of merit are when the participant has obtained legal representation for his or her SSI or Social Security disability application or a determination has been made by the Disability Advocacy Program (DAP). Refer to OAC 340:10‑2‑8(c)(6).Another example is when the Department of Rehabilitation Services has denied services to a participant because employment is unlikely.
8.The decision by the Social Security Administration Appeals Council to send the request back to the Administrative Law Judge is not an unfavorable decision.
9.The spouse or child(ren) does not have to be receiving disability benefits, however due to physical or mental impairment he or she cannot provide self‑care.
10.The mental disorders at Part 404, Subpart P, Appendix 1, of Title 20 of the Code of Federal Regulations are:
(1) Section 12.03 - schizophrenia, paranoia, and other psychotic disorders;
(2) Section 12.04 - depression, manic disorder, or bipolar disorder;
(3) Section 12.06 - anxiety disorder, including post-traumatic stress disorder;
(4) Section 12.07 - somatoform disorder; and
(5) Section 12.08 - personality disorders.
11.If the required nine hours or more per week of treatment is not available in the community, the participant continues eligible until the appropriate services are provided.
12.Child(ren) living in two parent households can only be included when deprivation exists per 340:10-10.
1213.When a recipient is approved for SSI, the removal date is the next effective date.If the initial SSI payment is received prior to the removal date, no overpayment exists.
1314.A child must not be included in a TANF and foster care payment for the same month.When a relative applies for TANF for a child included in a foster care payment, the first month the worker approves TANF is the month following the final foster care payment.For example, a relative applies for TANF for a child approved for a foster care payment in July.The foster care payment for July will not be received until August.The child is not eligible for TANF for the month of July as the child is included in a foster care payment for July.
1415.Refer to OAC 340:10-15-1 regarding alien status.Refer to OAC 340:10-3-57(f)(2) regarding calculation of income.
1516.Refer to OAC 340:10-3-57(d) regarding concurrent receipt of assistance.
1617.Refer to OAC 340:65-1-2(b)(3)(B) regarding information that may be disclosed to federal, state, and local law enforcement officers.
1718.Refer to OAC 340:10-1-4 and ITS 5 of this Instruction.
19.The worker can identify and track persons determined ineligible to be included in a TANF benefit due to the illegal use of a controlled substance or substances by viewing information available on the "persons identified as using illegal drugs" (PID) transaction.The PID transaction appears on the PY screen when a person's TANF benefit has been denied or closed for this reason.To access information, the worker enters PID space and the person's Social Security number.The PID screen shows the case number, name of person, and the effective date of the denial or closure.
1820.The worker is responsible for working with the parent or needy caretaker who is temporarily absent from the home to ensure the child(ren) receives the benefits for which he or she is eligible.If the parent or needy caretaker refuses or fails to make the benefit available, the worker closes the TANF benefit.
1921.Refer to OAC 340:50-5-2 for food benefit rules regarding temporary absences.
340:10-3-57. Special considerations
Revised 7-1-12 11-1-12
(a) Concurrent receipt of State Supplemental Payment (SSP) for the aged, blind, or disabled.A person who is not a recipient of Supplemental Security Income (SSI) has an option to be included in a Temporary Assistance for Needy Families (TANF) assistance unit or may be a recipient of SSP if all eligibility requirements are met.¢ 1The person may also be included in the TANF assistance unit pending determination of eligibility for SSP or SSI if all eligibility requirements are met.¢ 2
(b) Concurrent receipt of TANF and SSI.A person is not included in a TANF benefit for the same month he or she is included in an SSI payment.¢ 3If it appears a person included in a TANF application or an active TANF benefit meets the eligibility conditions for TANF and SSI, the person has a choice to have eligibility determined for TANF or SSI benefits.The worker informs the payee of his or her responsibility to report to the Oklahoma Department of Human Services (OKDHS) if any member of the assistance unit makes application for SSI or becomes eligible for SSI. If any assistance unit member applies for TANF or is receiving TANF when the member makes an application for SSI, the payee must inform the Social Security Administration (SSA).¢ 4
(1) When the only dependent child(ren) is receiving SSI, the natural or adoptive parent(s) or needy caretaker relative may receive TANF if all other factors of eligibility are met.The assistance unit consists of the adult(s) only.
(2) When a TANF applicant is also an applicant for SSI, eligibility for TANF must be determined and, if eligible, is included in the benefit until notified of SSI eligibility.
(3) When a TANF recipient is an applicant for SSI, SSA advises OKDHS of SSI eligibility, and requests the month of TANF termination and the amount of TANF benefits paid for each month of SSI eligibility.¢ 5SSA considers a recipient removed from a TANF benefit effective with, and based on, the TANF termination date provided orally by the worker.If the actual date of termination is later than the date given orally to SSA, TANF payments to SSI recipients are TANF overpayments and must be recouped.
(4) When a TANF recipient is determined ineligible for SSI the person may continue to be included in the TANF assistance unit if all other conditions of eligibility are met.
(5) When a TANF recipient is determined ineligible for SSI for reasons other than a disability determination, the person may be included in an SSP, if all other conditions of eligibility are met.¢ 6
(c) Concurrent receipt of state and tribal TANF.A person included in a tribal TANF payment is not included in another TANF benefit in the same month.If the person meets the criteria of a tribal TANF service area and population, the entire assistance unit must be served by tribal TANF.If the household moves out of the tribe's service area, the worker coordinates certification of state TANF benefits. ¢ 7
(d) Concurrent receipt of more than one form of public assistance.A person included in a TANF benefit is not included in another TANF or SSP benefit for the same period.When a TANF applicant is eligible for TANF but has received a weekly or bi-monthly TANF benefit from another state for the same month the applicant is eligible in Oklahoma, the benefit from the other state is counted as unearned income.¢ 8A person who is the payee for a TANF benefit, but not included in that benefit, is not prevented from being a recipient of SSP if the SSP eligibility requirements are met.When transferring a TANF recipient to SSP, the removal and approval date must agree.
(e) Stepparent, spouse of needy caretaker, person acting in the role of a spouse, parent who is ineligible as a result of a positive screen for the illegal use of a controlled substance or substances, or parent(s) of a minor parent. The natural or adoptive parent's income cannot be diverted to meet the needs of the stepparent or other dependents in the home, but is considered available to the TANF assistance unit.No income is considered if the stepparent, spouse of a needy caretaker, person acting in the role of a spouse, parent(s) of a minor parent, or his or her dependent is an SSI recipient.¢ 9
(1) Stepparent or spouse of needy caretaker income.If a stepparent of the child(ren) or the spouse of a needy caretaker for whom TANF is requested lives in the home with the child(ren), the worker computes the verified gross earned and unearned income of the stepparent or spouse of a needy caretaker, after all applicable TANF income disregards and work related expenses, to determine the amount considered available to the assistance unit.The worker computes the stepparent's or spouse of a needy caretaker's income by:
(A) subtracting the work related expense, one-half of the remaining gross earned income, and dependent care expense from the stepparent's or spouse of a needy caretaker's earned income for full-time or part-time employment;[OAC 340:10-3-33]
(B) adding the net earned income to the stepparent's or spouse of a needy caretaker's gross unearned income;
(C) subtracting the need standard for the appropriate number of persons, including the stepparent or spouse of a needy caretaker and dependents who are not included in the assistance unit but are living in the home and can be claimed on the stepparent's or spouse of a needy caretaker's personal income taxes;¢ 10
(D) subtracting the actual amounts the stepparent or spouse of a needy caretaker paid to persons not living in the household but claimed as tax dependents.It is the stepparent's or spouse of a needy caretaker's responsibility to identify and verify tax dependents;¢ 11
(E) subtracting the actual payments of alimony and child support to persons outside the household; and
(F) adding the stepparent's or spouse of a needy caretaker's remaining net income to all other gross income of persons included in the TANF assistance unit.If the income does not exceed the monthly maximum gross income, the remaining income of the stepparent or spouse of a needy caretaker is considered as a contribution to the assistance unit.¢ 12
(2) Stepparent or spouse of a needy caretaker resources.The worker does not consider resources owned exclusively by the stepparent or spouse of a needy caretaker to determine the assistance unit's resource eligibility but does consider the assistance unit's share of resources owned jointly with the stepparent or spouse of a needy caretaker.
(3) Person acting in the role of a spouse. The worker must count the income of a person acting in the role of a spouse who lives in the home with the natural or adoptive parent when he or she does not receive a TANF benefit on another case.
(A) For the purpose of this rule, "living in the home with" means that a person of the opposite sex is acting in the role of a spouse.¢ 13
(i) The opposite sex individual is acting in the role of a spouse when one or both of these factors exist:
(I) they represent themselves to be a couple; or
(II) have a physical relationship with each other.
(ii) When the client states the conditions in (A)(i) of this paragraph do not exist, factors that may indicate the opposite sex individual is acting in the role of a spouse include when he or she:
(I) assists in parenting the child, such as exercising responsibility for the child(ren), providing day-to-day care, physical care, and guidance for the child(ren);
(II) provides financial support for the family beyond his or her own pro rata share of the household expenses;
(III) shares joint bank accounts or property ownership with the client; or
(IV) files a joint tax return with the client.
(B) The worker computes the income of this person the same as stepparent income.The person acting in the role of spouse is not eligible to receive the exemption of one-half of the remainder or a dependent care expense deduction in determining this person's countable earned income. ¢ 13
(C) If the parent or the person acting in the role of a spouse fails to provide information necessary to determine income eligibility, the application is denied or the cash assistance terminated.Provided, however, the income of non-relative adults of the opposite sex not receiving TANF may be excluded if the adults have separate living quarters and demonstrate no characteristics of a person acting in the role of spouse.
(4) Parent who is ineligible as a result of a positive screen for the illegal use of a controlled substance or substances. The income, earned and unearned, of a parent who is ineligible as a result of a positive screen for the illegal use of a controlled substance or substances per OAC 340:10-4-1 is considered in its entirety.¢ 14
(4)(5) Parent(s) of a minor parent.When a minor parent is living in the home with his or her natural or adoptive parent(s) and the needs of the parent(s) are not included in the assistance unit, the parent's income is considered available to the assistance unit and computed the same as stepparent income.The income of a minor parent's stepparent is not considered.The parent of the minor parent may be designated as the substitute payee for the assistance unit.¢ 1415
(f) Allocating or diverting income.When family members are not included in the assistance unit, special consideration is required in determining the income available to the assistance unit.
(1) Income received by a person included in the assistance unit is not allocated or diverted to persons who are not in the assistance unit.All countable unearned and earned income of the person is considered available to the assistance unit.
(2) The net income of an alien parent excluded from the benefit because the citizenship or alienage requirement is not met is considered the same as stepparent income.The needs and income of disqualified alien siblings are not considered when determining eligibility of an otherwise eligible child(ren).¢ 1516
(3) The net income of a fugitive felon excluded from the benefit is considered the same as stepparent income.
(g) Benefit reduction as a result of program violation.The TANF benefit is reduced by 25% of the payment standard when a determination of program violation has been made.The 25% penalty is removed the next effective date when compliance is documented or the time frame for the penalty has ended.¢ 1617When multiple types of program violations have occurred, a 25% penalty of the payment standard is imposed for each type of violation.If the benefit reduction causes existing income to be in excess of the benefit amount, the case is closed using the reason for the benefit reduction.¢ 1718The amount of the payment standard reduction applies as Food Stamp Penalty Income in the Supplemental Nutrition Assistance Program (SNAP) per OAC 340:50-7-29(c)(1)(A).Reasons for benefit reduction are:¢ 1819
(1) refusal to cooperate in an effort to obtain child support per OAC 340:10-10-5(c);¢ 1920
(2) failure to apply for or provide a Social Security number per OAC 340:10-12-1;¢ 2021
(3) failure of a child(ren) kindergarten to 18 years of age to attend school per OAC 340:10-13-1;
(4) failure to provide verification of child(ren) immunizations per OAC 340:10-14-1; and
(5) intentional program violations determined as fraud by court action or an administrative disqualification hearing or administrative hearing waiver per OAC 65-9-2(d) and OAC 340:65-9-4(c)(1)(A-C).
(h) Parent living in the home receiving SSP.When there is a parent living in the home but not included in the TANF benefit because of receipt of SSP and not SSI, consideration is not given to that parent's individual income for the TANF benefit.When a parent in the SSP benefit becomes ineligible to continue to receive the SSP, the parent is included in the TANF benefit and all the income and resources of the parent are considered in determining eligibility for TANF.If consideration of the parent's income and resources causes the TANF benefit to be closed, and the closure of the SSP benefit was a direct result of an overall Social Security increase, the SSP benefit is placed in Special Medical Status.If the parent is living in the home but not included in the TANF benefit because of receipt of SSP and SSI, no consideration is given to the parent's income and the parent is not included in the TANF assistance unit as long as the parent remains eligible for SSI.
(i) TANF eligibility when the child(ren) is placed in out-of-home care.¢ 2122When the child(ren) is removed by a child protection action and it is reasonably anticipated the child(ren) will return to the home within four months, the natural or adoptive parent or needy caretaker relative continues eligible for TANF, if other conditions of eligibility are met.¢ 2223
(1) A team consisting of the worker, the Child Welfare (CW) worker, the natural or adoptive parent or needy caretaker relative, and any other appropriate partner(s) must meet to develop a mutually agreed upon plan of action.¢ 2324This plan addresses employability and strategies to correct the conditions which caused the child(ren) to be removed from the home.¢ 2425
(2) At the end of the four month period if the child(ren) has not been returned to the home, the adult(s)' needs are removed and the TANF benefits are discontinued.¢ 2526
(j) Strikers.The assistance unit is not eligible for TANF for any month the natural or adoptive parent, whether or not included in the benefit, is participating in a strike on the last day of that month.A person other than the natural or adoptive parent is not included in the benefit for any month if that person is participating in a strike on the last day of the month.
INSTRUCTIONS TO STAFF 340:10-3-57
Revised 7-1-12 11-1-12
1.The Family Support Services (FSS) worker is responsible for explaining the benefits of both programs, but the person is responsible for choosing the program that is most beneficial in meeting the person's needs.
2.Refer to OAC 340:10-2-8(c)(6) for the Disability Advocacy Program.
3.Refer to OAC 340:10-3-28(1) for non-recurring lump sum Supplemental Security Income (SSI) retroactive payments.
4.The local Family Support Services (FSS) worker notifies the Social Security Administration (SSA) District Office when a Temporary Assistance for Needy Families (TANF) recipient is certified or terminated for cash assistance, if the recipient has also applied for SSI.
5.The FSS worker is responsible for providing the requested information to SSA, taking the appropriate action to adjust the benefit for the next effective date, and documenting the action in Family Assistance/Client Services (FACS) case notes.
6.Refer to OAC 317:35-5-4(1)(D) when SSI has already determined the person ineligible.
7.Tribal TANF serves only enrolled members of a tribe. The assistance unit for tribal TANF must consist of at least one enrolled member of a tribe. The tribal office determines if an individual is eligible to be included in the assistance unit.
8.A person is denied assistance for ten years if found to have fraudulently misrepresented residence in order to obtain assistance in more than one state.Refer to OAC 340:10-3-56(a)(3)(M).
9.(a) The definition of a person acting in the role of a spouse is a non-relative adult of the opposite sex living in the home.
(1) The opposite sex individual is acting in the role of a spouse when one or both of these factors exist:
(A) they represent themselves to be a couple; or
(B) have a physical relationship with each other.
(2) When the client states the conditions in (a)(1)(A) and (B) do not exist, factors that may indicate the opposite sex individual is acting in the role of a spouse include when he or she:
(A) assists in parenting the child, such as exercising responsibility for the child(ren), providing day-to-day care, physical care, and guidance for the child(ren);
(B) provides financial support for the family beyond his or her own pro rata share of the household expenses;
(C) shares joint bank accounts or property ownership with the client; or
(D) files a joint tax return with the client.
(b) The client's statement regarding the relationship with the opposite sex individual is accepted unless considered questionable.
10.Refer to Oklahoma Department of Human Services (OKDHS) Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule IX.A to determine the need standard.
11.The stepparent's or spouse of a needy caretaker's most recent income tax return may be used as documentation.
12.When the stepparent or spouse of a needy caretaker has earned income, the FSS worker enters on the FACS Income tab the total gross amount in the designated income field.The computer automatically calculates the work related expense and income disregards.Any unearned income is entered in the designated field.The FSS worker enters the need standard as indicated on OKDHS Appendix C-1, Schedule IX, in the diverted income field for the appropriate number of persons and, if necessary, any exemptions.When remaining income is less than the need standard, enter the remaining income.Form 08TA008E, Stepparent TANF Income Computation, may be used to calculate countable income.
13.(a) For the purpose of this rule, "living in the home with" means that a person of the opposite sex is acting in the role of a spouse.
(1) The opposite sex individual is acting in the role of a spouse when one or both of these factors exist:
(A) they represent themselves to be a couple; or
(B) have a physical relationship with each other.
(2) When the client states the conditions in (a)(1)(A) and (B) do not exist, factors that may indicate the opposite sex individual is acting in the role of a spouse include when he or she:
(A) assists in parenting the child, such as exercising responsibility for the child(ren), providing day-to-day care, physical care, and guidance for the child(ren);
(B) provides financial support for the family beyond his or her own pro rata share of the household expenses;
(C) shares joint bank accounts or property ownership with the client; or
(D) files a joint tax return with the client.
(b) The client's statement regarding the relationship with the opposite sex individual is accepted unless considered questionable.When the worker requests verification of the relationship, he or she documents in FACS case notes why the client's statement is questionable.The reason is based on one or more of the factors described at (a) of this Instruction.
(c) The person acting in the role of a spouse is coded on the FACS Household tab as an "other adult residing in the household" in the Rel to Payee field, as "TANF - Temporary Assistance to Needy Families" in the benefit field and "Income/Resources are considered in benefit computation - person not included" in the status field.
(1) If this person has earned income, the FSS worker enters the total gross amount in the designated income field on the FACS Income tab and the computer automatically calculates the work related expense.
(2) Any unearned income is entered in the designated field.
(3) The FSS worker enters the need standard as indicated on OKDHS Appendix C-1, Schedule IX, in the diverted income field for the appropriate number of persons and, if necessary, any exemptions.
(4) Any remaining income is considered available to the TANF assistance unit.
14.The parent is not given any income deductions including a deduction for his or her own needs.
1415.Refer to OAC 340:10-3-56(a)(3)(O), 340:10-3-39(g), and 340:10-10-7 when the payee is an unmarried minor.
1516.To determine the need standard for the alien parent and/or any disqualified siblings who do not meet the citizenship and alienage requirement, refer to OKDHS Appendix C-1, Schedule IX.
1617.A supplement is issued for the next month, if compliance occurs after deadline.
1718.Refer to OAC 340:65-3-8 for review periods.The FSS worker enters closure code, "penalty and other income" (14A) on the FACS Financial Assistance tab.
1819.The FSS worker initiates the 25% benefit reduction by checking the appropriate penalty block(s) on the FACS Household tab and entering a change action on the Financial Assistance tab for recalculation of the cash benefit.The computer automatically updates the Food Stamp Penalty Income (FSPI) screen.
(1) When the program violation ends, the FSS worker must update FACS, Household tab, to remove the penalty and make a change to the FACS Financial Assistance tab for recalculation of the cash benefit.
(2) The FSS worker must also enter an end date on the Food Stamp Penalty Update (FSPU) screen.
(3) When the TANF benefit closes and there is a program violation coded, the FSS worker must update FACS, Household tab, by removing the penalty and the FSPU screen with an end date.
1920.The 25% penalty only applies if the applicant or recipient is the natural or adoptive parent of the child(ren).
(1) The 25% penalty applies to adult only cases when the child(ren) is receiving State Supplemental Payment (SSP) and/or SSI.
(2) If the adult is receiving SSP and/or SSI, and fails to cooperate with Oklahoma Child Support Services (OCSS), the 25% penalty is coded on the child(ren) in the Temporary Assistance for Needy Families (TANF) benefit.
2021.Refer to OAC 340:10-12-1, 340:65-3-1(f), 340:65-3-4, 340:50-5-68, and 317:35-5-27 for more information about Social Security numbers.
2122.Refer to OAC 340:10-3-56(a)(2)(B)(ii) for information about whose needs may be included in the TANF benefit.
2223.(a) The FSS worker is notified by the Child Welfare (CW) worker within five working days from the filing of the petition to remove the child(ren) from the home.
(1) The child(ren) is removed from the TANF benefit.
(A) It is the responsibility of the FSS worker to determine if the adult(s) meets continuing eligibility requirements.
(B) If not met, the appropriate case action is taken.
(2) When the CW worker informs the FSS worker the child(ren) has been placed in another relative's home and TANF benefits are requested by this relative for the child(ren) only, the needy caretaker relative or the natural or adoptive parent, if eligible, is approved for continuing adult only TANF benefits.
(b) When the adult(s) is determined eligible:
1) the FACS TANF Work tab is updated to reflect "TANF pending reunification" in the Payee/Spouse Grant Indicator field;
(2) the expected date of return is updated by using the FF transaction for PS2 block B80;
(3) food benefits are recalculated using the adult only benefit amount; and
(4) the adult(s) continues eligible for medical benefits.
(c) When the child(ren) is returned to the home the:
(1) date entered in PS2 block B80 is deleted;
(2) Payee/Spouse Grant Indicator field on the FACS TANF Work tab is updated to "Parent or Caretakerrelative included in benefit" and is arequired TANF Work participant; and
(3) child(ren) is added back to the TANF benefit, if the family continues to meet eligibility criteria.
2324.The team must meet within 15 working days of the filing of the petition.At a minimum, the team consists of the FSS worker, CW worker, and the natural or adoptive parent or needy caretaker relative.The plan of action agreed upon must be documented in FACS Case Notes.
2425. Any time during the four-month period that it is evident the natural or adoptive parent or needy caretaker relative is not complying with the plan of action, the FSS worker notifies the CW worker and terminates the TANF adult only benefits.If the CW plan changes any time during the four-month period to other than reunification, the FSS worker is notified and the TANF adult only benefits are terminated.
2526.A County Worker Activity (CWA) Report 80 notifies the FSS worker during the third month for action to be taken.It is the responsibility of the FSS worker to take appropriate timely action.If no action is taken by regular roll of the fourth month, the case continues to appear on the CWA Report.The FSS worker must document in FACS Case Notes the decision to not return the child(ren) to the home.The FSS worker explains other available support services and OKDHS programs to the natural or adoptive parent or the needy caretaker relative and documents any referrals in FACS Case Notes.
Subchapter 4. Conditions of Eligibility - Mandatory Drug Screening
340:10-4-1. Mandatory Drug Screening
Issued 11-1-12
(a) Per Section 230.52 of Title 56 of the Oklahoma Statues, adult parents or needy caretakers who apply for Temporary Assistance for Needy Families (TANF) cash assistance are required to be screened for illegal use of a controlled substance or substances.Child only, minor parent, and two parent households are exempt from the provisions in this Section.¢ 1
(b) At any point the Oklahoma Department of Human Services (OKDHS) has reasonable cause to believe the adult parent or needy caretaker is engaged in the illegal use of a controlled substance or substances, the adult parent or needy caretaker is required to be screened.OKDHS is authorized to request administration of a chemical drug screen, such as an observed urinalysis (UA).Behaviors observed by OKDHS staff or observed and reported by community resource partners that might indicate illegal use of a controlled substance or substances include, but are not limited to:¢ 2
(1) slurred speech;
(2) unsteady gait;
(3) inability to focus;
(4) lethargy;
(5) excessive nervousness or agitation;
(6) showing flat effect or no emotion;
(7) inappropriate responses to questions;
(8) inappropriate anger or hostility;
(9) excessive worry;
(10) facial tics or muscle spasms;
(11) erratic attendance in TANF Work activities;
(12) lack of follow through with agreed upon plans; or
(13) government or law enforcement documents indicate the person was engaged in the illegal possession or use of a controlled substance or substances within the last 30 calendar days.
(c) The minimum drug screening includes a Substance Abuse Subtle Screening Inventory (SASSI).Additional screening methods may be used which include, but are not limited to, a clinical interview, consideration of OKDHS’s history with the person, and an Addictions Severity Index (ASI).¢ 3
(d) The TANF application is approved with the adult parent or needy caretaker's needs included when all other factors of eligibility have been met and the substance abuse:
(1) screening result indicates low probability of illegal use of controlled substance or substances; or
(2) assessment result is a recommendation for alcohol and/or prescription drug abuse treatment.¢ 4
(e) The TANF application is denied or benefits are closed if the adult parent or needy caretaker refuses to comply or fails to follow through with screening.¢ 5
(f) When the adult parent or needy caretaker applicant screens positive for the illegal use of a controlled substance or substances ¢ 6, the worker denies or closes the adult's TANF benefit.When the parent or needy caretaker chooses to receive child only benefits and all other factors of eligibility have been met, the worker approves or continues child only benefits for 12 months.¢ 7The worker:
(1) provides to the denied applicant a list of substance abuse treatment programs available at minimal or no cost to the applicant;
(2) makes a referral to the Child Abuse Hotline at 1-800-522-3211 of the positive screen for illegal drug use; ¢ 8 and
(3) determines eligibility of all household members for other requested program benefits.
(g) If the adult parent or needy caretaker is ineligible as a result of a positive screen for illegal use of a controlled substance or substances, he or she is not eligible until a new TANF application is made, all factors of eligibility have been determined, and: ¢ 9
(1)six months have passed since the date of the first ineligibility determination and he or she has complied with a substance abuse treatment plan;
(2) one year has passed since the date of the first ineligibility determination; or
(3) three years have passed since the date of the second or subsequent ineligibility determination.
(h) At the end of an ineligibility period, a new application is required.The steps described at (a) and (c) through (f) are followed.¢ 10
INSTRUCTIONS TO STAFF 340:10-4-1
Issued 11-1-12
1.(a) Minor parents and parents in two-parent households are not automaticallyineligible due to a positive drug screen.These parents are still subject to substance abuse screening per TANF Work requirements at OAC 340:10-2.
(b) The worker counsels the adult parent or needy caretaker regarding the Oklahoma Department of Human Services (OKDHS) mandatory drug screening policy prior to initiating the referral for a substance abuse screen.The counseling should include, but is not limited to:
(1) OKDHS's ability to require an observed urinalysis (UA) based on state law;
(2) OKDHS's requirement to make a referral to the Child Abuse Hotline as a result of a positive screen for illegal use of a controlled substance or substances;
(3) the Temporary Assistance for Needy Families (TANF) ineligibility period for the adult parent or needy caretaker as a result of a positive screen for illegal use of a controlled substance or substances;
(4) the parent or needy caretaker's right to withdraw the TANF application with no drug screen or child welfare referral required; and
(5) if the parent or needy caretaker tests positive for illegal use of a controlled substance or substances, he or she can receive child only TANF benefits for 12 months.
(c) The worker refers adult applicants to a local TANF contracted Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) substance abuse treatment provider or a local state certified substance abuse treatment agency with Form 08TW003E (TW-3), Interagency Referral and Information, requesting substance abuse screening, assessment, and, if needed, treatment.
(1) When the referral is to a contracted ODMHSAS substance abuse treatment provider, the worker must assist the applicant in completing the ODMHSAS Consent for Release of Confidential Information form.The form is available from the substance abuse treatment provider.
(2) The worker gives the original to the substance abuse treatment provider and retains a copy in the case file.
(3) ODMHSAS must have the signed form authorizing release to OKDHS of the screening and assessment information before notifying OKDHS of the results of the screening and/or assessment.
2.The presence of one or more of these indicators does not necessarily indicate the illegal use of a controlled substance or substances.The worker reviews the client's situation on a case-by-case basis to determine if there are other factors that might cause the client to exhibit some of these behaviors such as medical problems, mental health issues, or domestic violence.The worker must document in case notes all information regarding reasonable cause.
3.(a) The worker updates the TANF Work Assessment or AUTH. AT ASMT tab to track the results of the substance abuse screening, assessment, chemical drug testing, and/or treatment.
(b) Additional screening and UA must be completed when results of initial screening are high probability, invalid, or the client self declares a substance abuse problem.
4.Refer to OAC 340:10-2-6 for TANF Work requirements.
5.The worker must document in case notes the client's failure or refusal to cooperate.The FACS Financial Eligibility tab is updated as the client failed to cooperate in determining eligibility.
6.(a) OKDHS does not deny a TANF application or remove the adult parent or needy caretaker’s needs for illegal drug use prior to administration of a UA by a contracted ODMHSAS substance abuse treatment provider.
(b) When denying or closing the adult parent or needy caretaker's TANF benefit, the worker enters "88, first positive illegal drug screen result", or "89, second or subsequent illegal drug screen result" in the reason code field of the FACS Financial Eligibility tab and documents the action in case notes.
(c) Entering one of these closure reasons, enables the worker to identify and track persons determined ineligible to be included in a TANF benefit due to the illegal drug use by viewing information available on the "persons identified as using illegal drugs (PID)" transaction.The PID transaction appears on the PY screen when a person's TANF benefit has been denied or closed for this reason.To access information, the worker enters PID space and the person's Social Security number.The PID screen shows the case number, name of the person, and the effective date of the denial or closure.
(d) The worker also updates the TANF Work Assessment or AUTH. AT ASMT tab to indicate the results of assessments completed by the client, including substance abuse screening.
7.The initial application is used to approve child only TANF benefits.
8.The worker must document the referral number given by hotline staff in case notes.
9.The worker must document:
(1) the date and period of ineligibility; and
(2) the client's compliance with or completion of a certified substance abuse treatment program.
10.At the end of the parent’s ineligibility period, the worker asks the adult parent if he or she is willing to comply with mandatory drug screening.If the parent refuses to comply or fails to follow through with drug screening, the worker closes the TANF benefit.If the parent agrees to comply and screens positive for illegal use of a controlled substance or substances, the parent may choose to continue child only benefit.
