WF 13-AA

COMMENT DUE DATE:

January 13, 2014

DATE:

January 2, 2014

Laura Brown, Adult and Family Services (405) 521-4396 Dena Thayer, OIRP Programs Administrator (405) 521-4326 Nancy Kelly, OIRP Policy Specialist (405) 522-6703

RE:

Non-APA WF 13-AA

It is very important that you provide your comments regarding the DRAFT COPY of policy by the comment due date. Comments are directed to *STO.LegalServices.Policy@okdhs.org.

The proposed policy is Non-APA . This proposal is not subject to the Administrative Procedures Act

The proposed effective date is January 13, 2014.

SUBJECT:

CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)

SUBCHAPTER 2. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) WORK PROGRAM

OAC 340:10-2-4 Instructions to Staff (ITS) Only [AMENDED]

OAC 340:10-2-8 Instructions to Staff (ITS) Only [AMENDED]

SUBCHAPTER 3. CONDITIONS OF ELIGIBILITY – NEED

PART 3. INCOME

OAC 340:10-3-39 Instructions to Staff (ITS) Only [AMENDED]

PART 7. TRANSITIONAL BENEFITS

OAC 340:10-3-75 Instructions to Staff (ITS) Only [AMENDED]

SUBCHAPTER 10. CONDITIONS OF ELIGIBILITY - DEPRIVATION

OAC 340:10-10-4 Instructions to Staff (ITS) Only [AMENDED]

OAC 340:10-10-5 Instructions to Staff (ITS) Only [AMENDED]

OAC 340:10-10-6 Instructions to Staff (ITS) Only [AMENDED]

OAC 340:10-10-7 Instructions to Staff (ITS) Only [AMENDED]

RE:WF F13-AA ITS only

SUMMARY:

Oklahoma Administrative Code (OAC) 340:10-2-4 Instructions to staff (ITS) only are revised to: (1) clarify that a client must be scheduled to work a minimum of 35 hours per week to be eligible for the Subsidized Employment Program; (2) update terminology; and (3) give more detail regarding links to other policy sites.

OAC 340:10-2-8 ITS only are revised to: (1) change the procedure to pay for a General Educational Development (GED) test to a voucher; (2) clarify the client must be able to make future car payments before flexible funds are used to pay a past due car payment; (3) remove reference to the Appendix DAP-1 and replace it with the link to Legal Aid Services of Oklahoma as the way the worker accesses up-to-date Legal Aid office contact information; (4) update outdated language; and (5) give more detail regarding links to other policy sites.

OAC 340:10-3-39 ITS only are revised to: (1) provide information regarding the recently created CFRRPA transaction to verify child support payments; (2) update outdated language; and (3) give more detail regarding links to other policy sites.

OAC 340:10-3-75 ITS only are revised to: (1) include correct coding to reopen continued medical benefits (CMB) closed in error; (2) clarify procedure when the client obtains or changes private insurance coverage; (3) update procedure to help the client obtain SoonerCare (Medicaid) coverage after CMB ends; (4) explain CMB procedure when TANF benefit is not closed timely; (5) remove reference to a revoked form; (6) clarify use of the CM5A and CM5O transactions; (7) include correct coding to close CMB; and (8) update outdated language.

OAC 340:10-10-4 ITS only are revised to: (1) inform the worker that he or she no longer completes Form 03EN002E, Affidavit of Child Support Payments Received; (2) clarify completion procedures for Form 08TA001E, Absent Parent (AP) Sheet, and to emphasize this form is not sent to Child Support Services (CSS); (3) provide information regarding the recently created CFRRPA transaction to verifychild support payments; (4) clarify procedure used for completion of Form 03PA209E, Acknowledgment of Paternity; (5) clarify the time frame for completion of Form 03PA211E, Rescission of Acknowledgment of Paternity; and (6) update outdated language.

OAC 340:10-10-5 ITS only are revised to: (1) explain that CSS makes the determination of non-cooperation and whether to apply the 25 percent penalty, not the worker; (2) explain what processes are automated when CSS staff determines non-cooperation; (3) explain how penalty is applied when the parent and the child(ren)'s needs are not included in the same case; (4) give more detail regarding links to other policy sites; and (5) update outdated language.

OAC 340:10-10-6 ITS only are revised to: (1) explain good cause procedures and form completion at application, renewal, adding a child, or when other circumstances change; (2) add good cause coding instructions and documentation requirements; (3) clarify the worker and CSS staff responsibilities for completion of Form 08TA009E, Good Cause Report, and decision making steps in determining good cause when the worker and CSS staff agree or disagree regarding the good cause decision; (4) explain what processes are automated when good cause is not approved and the client refuses to cooperate; and (5) update outdated language.

OAC 340:10-10-7 ITS only are revised to: (1) explain what attachments may be sent to the CSS district office; (2) clarify information coded in the Deprivation tab is automatically sent to CSS; (3) clarify worker responsibilities to explain to the client his or her child support responsibilities using Appendix C-16, Child Support Services and Responsibilities; (4) provide information regarding the recently created CFRRPA transaction to verifychild support payments; (5) clarify procedures when child support is received in excess of the TANF cash assistance payment; (6) give more detail regarding links to other policy sites; and (7) update outdated language.

SUBCHAPTER 2. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) WORK PROGRAM

340:10-2-4. Employment

Revised 6-1-11

(a) Applicability.Temporary Assistance for Needy Families (TANF) Work activities are designed to assist the participant in obtaining employment to achieve economic self‑sufficiency.Work allows participants to enhance their self-esteem and to become more independent.Every effort is made to assist participants in securing jobs which provide financial security and opportunities for advancement.The appropriate employment criteria for subsidized and unsubsidized employment are included in paragraph (1) through (5) of this subsection.

(1) Appropriate employment may be temporary, permanent, full-time, part-time, or seasonal work, as long as the daily and weekly hours of employment do not exceed those customary to the occupation.

(2) The wage must meet or exceed the federal or state minimum wage laws or the prevailing rate for similar employment, whichever is applicable.The state law applies when federal law does not cover the job.

(3) A participant is not required to accept employment if the position offered is vacant due to a strike, lockout, or other bona fide labor dispute.

(4) A participant is not required to work for an employer if this is contrary to the conditions of membership in the union governing that occupation.Employment not governed by the rules of the union to which the participant belongs may be appropriate.

(5) A participant is not required to accept employment that results in the net loss of income.

(b) Unsubsidized employment.The State Work Incentive Program and any employment for which the employer does not receive reimbursement for any portion of the wages paid are examples of unsubsidized employment.

(1) State Work Incentive Program.The State Work Incentive Program is designed to assist in employing TANF participants into entry level positions in all branches of state government.Oklahoma Department of Human Services (OKDHS), in cooperation with other state agencies and the Office of Personnel Management, coordinates job placements for those TANF participants who are referred for the program by Form 08TW023E, State Work Incentive Referral.¢ 1

(A) Employment of eligible participants can be considered for positions of unclassified status for a two year period in a full-time or part-time capacity.These positions are not included within any limitation on full-time equivalent employee positions for any agency.

(B) Participants hired under this program are eligible for leave and other benefits that are available to other state employees, subject to other eligibility requirements, and may be reassigned or promoted while they are in the program.

(C) Participants hired are exempt from probationary hiring procedures.They can be considered for conversion to the permanent classified status after two years of continuous participation in the program.

(D) Requirements for placing employees in permanent status include:

(i) completing satisfactory performance ratings which are conducted during employment; and

(ii) having possession of the minimum requirements stated in the job specifications.

(2) Other unsubsidized employment.Unsubsidized employment includes any employment in which a participant is hired by a private or public employer and there is no reimbursement of any portion of the wages paid to the recipient.

(c) Subsidized employment.The Subsidized Employment Program (SEP), on-the-job training (OJT), and Supported Transitional Employment Program (STEP) are examples of subsidized employment.The employment criteria in subsection (a) apply.

(1) SEP.SEP is a subsidized employment program through which a TANF participant is hired in full-time employment with OKDHS reimbursing the employer for partial wages for up to four months.Public agencies, nonprofit private agencies, and private employers are eligible to participate.State agencies expressing an interest in participating in the program are informed that the subsidized employment reimbursement cannot be used to claim matching federal funds.If, for any reason in any given month, a SEP participant is paid less than the amount of his or her cash assistance at the time of entry into the program, the SEP participant receives a supplemental TANF benefit.SEP participants are entitled to all benefits from the employer which are available to other employees.Participants are assigned based on their employability plan and the availability of appropriate and willing employers. ¢ 2

(A) Participant requirements.TANF participants must be:

(i) included in the cash assistance unit; and

(ii) available for immediate employment.

(B) Position requirements.Position requirements must include:

(i) full-time employment with an average of 35 hours per week; ¢ 3

(ii) a salary not less than $10 per hour;

(iii) the same wages, benefits, and working conditions as provided to other employees who are performing a substantially equivalent job;

(iv) not considering tips as part of the wages;

(v) agreement to conform to the Equal Employment Opportunity Commission and fair employment practices, for example, nondiscrimination regarding age, race, sex, national origin, or disability; and

(vi) contracts are not written for positions:

(I) when there is a strike, lockout, or the contract would cause displacement of other employees;

(II) that involve commission sales when at least $10 per hour is not guaranteed; or

(III) that are casual, intermittent, or seasonal labor.

(C) Recruitment of employers.Human services center (HSC) designated staff recruits employers interested in SEP.The employer is asked to notify HSC designated staff of potential positions with job specifications and qualifications in order to match the employer with an appropriate TANF participant referral.All SEP referrals are made by HSC designated staff using Form 08TW011E, Subsidized Employment Program (SEP) Referral.

(i) The program explanation emphasizes that employers are expected to retain the SEP participant in full-time employment unless there is good cause for the dismissal.Employers who fail to continue the successful SEP participant's employment without good cause are not granted subsequent contracts.Good cause reasons for dismissal are:

(I) lay-off due to economic reasons which result in a reduction-in-force;

(II) the employee is frequently absent from work or engages in disruptive or inappropriate behavior; or

(III) the employee is unable to perform at an acceptable skill level.

(ii) Before new or additional contracts are written with an employer, SEP employees or other employees in lay‑off status must be recalled.

(iii) HSC designated staff has the responsibility for ensuring the employer is complying with the contract.

(D) SEP placements.The HSC designated staff arranges interviews between participants and potential employers.SEP participants may begin employment any time during the month.The employer is informed that reimbursement begins after the participant has completed the first 30 calendar days of employment.

(i) Following the employer's agreement to participate and selection of a TANF participant, HSC designated staff negotiates the contract, Form 08TW017E, Subsidized Employment Program (SEP) Contract, with the employer.Negotiation includes the beginning date of employment, the salary the employee will be paid, and the planned number of hours per week the participant will be employed.¢ 34

(ii) Upon receipt of the contract, HSC designated staff reviews it for completeness and, if approved, signs and dates the contract.¢ 45HSC designated staff delivers to the employer the employer's copy of the contract and Form 08TW018E, Subsidized Employment Program (SEP) Invoice, for requesting reimbursement.

(iii) HSC designated staff contacts the participant to complete and sign Form 08TW006E, Subsidized Employment Program (SEP) Temporary Assistance for Needy Families (TANF) Participant Agreement.¢ 56

(iv) If a contract is not approved, a letter is mailed by the HSC designated staff to the employer explaining the reason for the disapproval.¢ 67HSC designated staff notifies the participant by either telephone or letter that the contract was not approved.¢ 78

(E) Program procedures.The procedures for programs listed in (i) through (iv) of this subparagraph are used.

(i) TANF cash assistance.Under SEP, eligibility for TANF cash assistance is frozen.During the period of participation, the TANF assistance unit cannot be determined ineligible.¢ 89

(ii) Medical benefits.SEP participants whose TANF cash assistance is frozen, continue to be eligible for SoonerCare (Medicaid) benefits unless found ineligible for a reason other than earned income.

(iii) Food benefits. SEP participants whose TANF cash assistance is frozen and who are receiving Simplified Supplemental Nutrition Assistance Program (SSNAP) benefits in accordance with OAC 340:50-11-20 continue to receive SSNAP benefits without consideration of the SEP income during the period of participation as long as household composition remains the same.Once SEP participation period ends and the TANF benefit closes, the household may be eligible for transitional food benefits per OAC 340:50-11-27.

(iv) Child care.Child care plans must be explored with each SEP participant. During the SEP participation period while the TANF cash assistance is frozen and the child is still considered a TANF recipient, the child remains predetermined eligible for child care subsidy benefits with a zero family share co-payment per OAC 340:40-7-1.Once the SEP participation period ends and the TANF benefit closes, the participant's earnings are considered income, and family share co-payments are computed per OKDHS Appendix C-4, Child Care Eligibility/Co-payment Chart.

(F) Payment of employers.Employers are eligible for:

(i) reimbursement of 100% of the employee's gross wages for the first 30 days of employment capped at a maximum of 40 hours per week at $12 per hour;

(I) Employers are eligible to apply for reimbursement 30 calendar days following the date of hire.

(II) Employers file for reimbursement by submitting Form 08TW018E directly to Family Support Services Division (FSSD) TANF Section with proof of the participant's earnings for the last six months attached.¢ 910

(III) When a business changes ownership, the SEP contract transfers with the business.When change of ownership occurs mid-month, the original owner maintains the right to file a claim for reimbursement for the transfer month.The new owner may claim for subsidized wages for the remaining months of the original SEP agreement.¢ 89

(ii) reimbursement of 50% of the employee's gross wages based on hourly wage up to the maximum of $12 per hour the following three months, provided employee remains employed a minimum of 35 hours per week and earning at least $10 per hour up to 40 hours per week; and

(iii) a bonus equal to 100% of the unsubsidized portion of wages up to 40 hours per week for the four month subsidized period provided the SEP employee remains employed a minimum of 35 hours per week, earning a minimum $10 per hour, and the employer retains the employee for a minimum period of six months after the subsidized agreement ends.¢ 1011

(G) Supplemental payments to SEP participants.FSSD automatically issues supplemental payments for months in which income shown on Form 08TW018E is less than the amount of the SEP participant's cash assistance prior to entering the program.

(H) SEP contract period completions.At the end of the fourth month of subsidized employment, TANF eligibility is reviewed for continued eligibility.¢ 1112

(I) SEP contract terminations. At any time the SEP placement is terminated during the four months of subsidized employment, TANF eligibility is reviewed for continued eligibility.¢ 1213

(2) OJT.OJT is subsidized employment in which a participant is hired by a private or public employer and, while engaged in productive work, receives training that provides knowledge or skills essential to the full performance of that job.During the OJT period, the employer receives reimbursement for a portion of the wages paid to the employee.

(A) Participants who have successfully completed the Work Experience Program, have a recent history of employment, or who have been through a job readiness activity are the primary candidates for OJT referral.¢ 1314

(B) Income from OJT is considered as any other earned income.¢ 1415 Transitional child care and medical benefits are explained to the participant at the time of entry into OJT.

(3) STEP.STEP is a subsidized employment program which provides comprehensive support services that lead to permanent employment placements for TANF participants.These services are contracted with specified vendors who provide temporary paid work experience to program participants in a supportive work environment.When the participant is accepted into the program, his or her TANF benefit remains active with no cash benefit issued.If eligible, the participant continues to receive other program benefits.¢ 1516

(d) Work Opportunity Tax Credit (WOTC).¢ 1617The WOTC law permits for-profit employers to take a credit on their federal income tax when workers from certain target groups are hired.Workers in these target groups have faced significant barriers to employment.The WOTC is equal to between 25% to 40% of the first year wages, up to $9000, depending on the number of hours the employee works and the applicable target group for that person.The main objective of this program is to enable the targeted employees to gradually move from economic dependency into self-sufficiency as they earn a steady income and become contributing taxpayers, while the participating employers are compensated by being able to reduce their federal income tax liability.

(1) WOTC is available to employers for workers hired from targeted groups.The targeted groups are:

(A) TANF recipients who have received assistance for nine months out of the last 18 months;

(B) qualified veterans.Qualified veterans are persons who have received food benefits for at least three consecutive months within the last 15 months preceding the date of hire;

(C) qualified ex-felons.Qualified ex-felons are persons who were convicted of a felony and within the last year were either convicted or released from prison;

(D) designated community residents.Designated community residents are persons who have attained age 18 but not yet 40 years of age on the hiring date and his or her principal place of residence is within an Empowerment Zone, Enterprise Community, or a Rural Renewal County and for persons who begin work for an employer after May 25, 2007.This High-Risk Youth group has been renamed "Designated Community Resident" and expanded to include residents of Rural Renewal Counties;¢ 1718

(E) vocational rehabilitation recipients.Vocational rehabilitation recipients are persons with a disability who have received or are receiving vocational rehabilitation from a rehabilitation agency approved by the State or Department of Veterans Affairs;¢ 1819

(F) qualified summer youth employees.Qualified summer youth employees are persons at least 16 but not 18 on the hiring date and who has a principal residence in an Empowerment Zone, Enterprise Community, or Rural Renewal County hired between May 1 and September 15;

(G) qualified food benefit recipients.Qualified food benefit recipients are persons who are at least 18 but under age 40 who are:

(i) members of a household that received food benefits for the last six consecutive months prior to their hiring date; or

(ii) able-bodied adults without dependents no longer eligible for benefits who reside with a household currently receiving food benefits or a household that received food benefits for at least three months out of the last five consecutive months prior to the hiring date;

(H) qualified recipients of Supplemental Security Income (SSI).Qualified recipients of SSI are persons who have received SSI for any month during the 60 calendar days before the date of hire;

(I) long-term TANF recipients.Long-term TANF recipients are persons certified by a designated local agency as being members of families:

(i) who have received TANF payments for at least 18 consecutive months ending on the hiring date;

(ii) who have received TANF payments for a total of at least 18 months, whether consecutive or not, after August 5, 1997 if the persons are hired within two years after the date the 18 month total is reached;

(J) Hurricane Katrina employees.Hurricane Katrina employees do not require certification;

(K) unemployed veterans.Unemployed veterans are persons hired after 2008 and before 2011 who:

(i) have been discharged or released from active duty in the United States Armed Forces at any time during the five year period ending on the hiring date; and

(ii) received unemployment compensation under state or federal law for at least four weeks during the one year period ending on the hiring date; and

(L) disconnected youth.Disconnected youth are persons who are certified as:

(i) having attained age 16 but not 25 on the hiring date;

(ii) not regularly attending any secondary, technical, or post-secondary school during the six month period preceding the hiring date;

(iii) not regularly employed during the six month period preceding the hiring date; and

(iv) not readily employable by reason of lacking a sufficient number of basic skills.

(2) Through an agreement with the Oklahoma Employment Security Commission, OKDHS issues WOTC conditional certification forms for recipients of OKDHS benefits.

(3) U.S. Department of Labor Form ETA-9062, Conditional Certification Work Opportunity and Welfare-to-Work Tax Credits, and a letter from the worker stating the number of months the participant has received OKDHS benefits must be given to the participant to present to the employer on or before the first day of employment.An explanation is given to the participant about the purpose of the form and that the tax credit may help the participant get a job.

(e) Work Experience Program (WEP).The purpose of WEP is to provide job skills and work enhancement to TANF participants that enables them to move toward self-sufficiency and obtain unsubsidized employment following completion of the placement.¢ 1920

(1) Benefits.Benefits of the program to participants include an opportunity to establish a work history and earn a recommendation from an employer.Participants also learn to balance the demands of home and work, gain confidence by performing in a job setting, brush-up skills already acquired, learn marketable skills on-the-job, and determine interest and aptitude for a particular type of work by doing the job.

(2) WEP assignments.WEP assignments are approved for an initial period of 90 calendar days.

(A) No salary is paid.

(B) With respect to injuries incurred during working hours in WEP, federal law requires medical coverage be offered under either state workers' compensation law or by OKDHS.Oklahoma workers' compensation law does not cover WEP participants.Medical coverage is provided by the SoonerCare (Medicaid) Program.¢ 2021

(3) WEP referrals.Participants are referred to WEP slots based on their employability plan.The worker coordinates assignment to a WEP position with the participant.Based on the employability plan, the worker:

(A) determines which facility best meets the participant's needs;

(B) arranges an interview between the facility and the participant; and

(4) WEP facilities.Facilities selected for WEP placements must be capable of providing employment and have an apparent intent to hire, or be able to provide quality job skills enhancement.WEP facilities are solicited by HSC designated staff or a contracted entity who has agreed to assist with job development and placement including WEP.¢ 2223Local job market conditions, opportunities for employment following completion of WEP participation as well as the ability of the facility to provide the necessary supervision and skills enhancement are criteria used when soliciting a facility.

(A) WEP slots are developed to meet the employment needs of the participant as determined by the employability plan.When a facility agrees to participate in WEP, the representative of the facility is requested to provide:¢ 2324

(i) a written description of the type of activities the participant will be involved in;

(ii) the number of participants the facility can accept;

(iii) the hours of participation; and

(iv) any special requirements, such as uniforms or special equipment.

(B) There are two types of WEP facilities, WEP Non-profit (WEP-NP) and WEP-For-Profit (WEP-FP).

(i) WEP-NP placement is approved for public and private non-profit organizations or businesses.When a participant requires additional skills enhancement, the worker may approve a 60-day extension.Extensions are not granted when the primary purpose is to provide additional help to the facility.The criteria listed in subunits (I) through (VII) of this subsection are used as a guide in determining the appropriateness of requesting an extension beyond the initial three-month period.

(I) The participant needs the additional time for skills to be acquired to meet minimum hiring requirements.

(II) The participant demonstrates a willingness to learn, but needs additional time to develop new skills, to be competitive in the labor market.

(III) The facility has agreed to hire the participant, but will not have funds available or a job opening until a specific date.

(IV) The facility has an opening in an area different from the one the participant was working in and has agreed to hire the participant if additional time is granted for the additional development of job skills.

(V) The participant has shown improvement in all areas, but needs additional socialization skills and improved behavior patterns in a work setting.

(VI) The participant has missed more than two weeks due to illness or the illness of a household member.

(VII) There are extenuating circumstances which prevented the participant from receiving full benefit of the job skills enhancement.

(ii) WEP-FP is approved for businesses or entities that operate for profit.Only one WEP-FP placement is allowed per 25 full-time employees in a for‑profit business or entity.The criteria in subunits (I) through (II) of this subsection must be in effect prior to a WEP-FP placement.

(I) The placement matches the participant's employability plan and the career path chosen by the participant.

(II) The employer has committed to hire the participant on or before the completion of the three month placement.

(5) WEP procedures.Upon approval by the county director or HSC designated staff, the worker contacts the WEP facility to complete Form 08TW015E, Work Experience Program – Non-profit Agreement, or Form 08TW115E, Work Experience Program – For-Profit Agreement.

(A) The worker instructs the facility representative or the supervisor regarding the purpose and use of Form 08TW013E, Time and Progress Report.

(B) It is the participant's responsibility to complete Form 08TW013E and submit it to the worker by the day of the month shown on the form.¢ 2425

(C) Approved WEP slots that have not been utilized within a six-month period are reviewed for appropriateness.If the position is no longer feasible, HSC designated staff sends a letter to the facility stating the WEP slot is no longer active and may be re-evaluated at the facility's request.

(6) Non-cooperation by WEP facility.When the worker obtains information that the facility is violating the terms and conditions of Form 08TW015E, Form 08TW115E, or that participants are being treated unfairly, the county director is informed immediately.The nature of the allegations guides the necessary action which may include:

(A) suspension of subsequent assignments at the facility;

(B) immediate removal of current participants; or

(7) Notification to participant and facility.Ten calendar days prior to the anticipated WEP completion date, or at any time the participant becomes ineligible for WEP, the worker notifies the participant by letter or telephone.The worker notifies the facility by letter or by telephone five calendar days prior to the termination.

(8) Changes in placements and subsequent placements.When the facility, worker, and participant determine that placement in a different facility is more beneficial, the worker locates a new facility and arranges an interview for the participant.When the participant fails to secure employment following successful completion of WEP, a conference is held with the participant, worker, and supervisor to determine whether a second WEP placement might be beneficial.The worker reviews the employability plan prior to allowing a participant to re‑enter WEP.Consideration is given to reassignment to job search or another appropriate work activity.In making this decision, consideration must be given to the:

(A) participant's ability to secure and maintain full-time employment;

(B) opportunities for employment in the new field and in the area in which the participant received job skills enhancement;

(D) length of time between assignments.

(f) Community Partnership (CP).CP is unpaid employment in which TANF recipients perform work for the direct benefit of the community.A CP may be approved for both public and non-profit agencies and organizations.A CP assignment must be limited to projects that serve a useful community purpose and are designed to improve the employability of recipients not otherwise able to obtain employment.All CPs must be approved by FSSD, TANF Section staff.Placements in CP require daily supervision.Prior training, experience, and skills of a recipient must be considered in making an appropriate CP assignment.¢ 2526

(1) Benefits.Benefits of the program to participants include an opportunity to establish the basic skills necessary to obtain employment, such as daily attendance, appropriate attire, and proper behavior in a work environment.Participants also learn to balance the demands of home and work and gain confidence by performing in a job setting.

(2) CP facilities.CP facilities are solicited by HSC designated staff.The ability of the CP to provide the necessary supervision and basic skills training are criteria used when soliciting a partnership.

(A) Training slots are developed to meet the employment needs of the participant as determined by the employability plan.

(B) The worker submits Form 08TW019E, Community Partnership (CP) Approval Request, to the FSSD TANF Section for approval of the training facility.

(i) a written description of the type of activities participants will be involved in;

(ii) the number of participants the CP can accept;

(iii) the hours of participation; and

(iv) any special requirements, such as uniforms or special equipment.

(D) No salary is paid.

(E) With respect to injuries incurred during working hours in CP, federal law requires medical coverage be offered under either state workers' compensation law or by OKDHS.Oklahoma workers' compensation law does not cover CP participants.Medical coverage is provided by the SoonerCare (Medicaid) Program.¢ 2627

(3) CP assignments.CP assignments are approved for an initial period of no more than 60 calendar days.When a participant requires additional training, the worker may approve a 30-day extension.The criteria listed in (A) through (F) of this paragraph are used as a guide in determining the appropriateness of requesting an extension beyond the initial 60 calendar day period, but are not limited to:

(A) the participant needs the additional time for skills to be acquired to meet minimum hiring requirements;

(B) the participant demonstrates a willingness to learn, but needs additional time to develop basic job skills necessary to be competitive in the labor market;

(D) the participant has shown improvement in all areas, but needs additional socialization skills and improved behavior patterns in a work setting;

(E) the participant has missed more than two weeks of training due to illness or the illness of a household member; or

(F) extenuating circumstances which prevented the participant from receiving the full benefit of the training.

(4) CP referrals.Participants are referred to CP slots based on their employability plan and the availability of positions at the CP.¢ 2728Assignment to a CP position is coordinated between the participant, worker, and the CP.Based on the employability plan, the participant and worker determine:

(A) which CP best meets the participant's needs; and

(B) the location, date, and time to report to the CP.

(5) Procedures.Upon approval by FSSD TANF Section staff, the worker contacts the CP facility to complete Form 08TW020E, Community Partnership (CP) Agreement.

(A) The worker instructs the facility representative or the training supervisor regarding the purpose and use of Form 08TW013E, Time and Progress Report.

(B) It is the participant's responsibility to complete Form 08TW013E and submit it to the worker by the day of the month shown on the form.¢ 2425

(6) Non-cooperation by CP.When the worker obtains information that the CP is violating the terms and conditions of Form 08TW020E or participants are treated unfairly, the worker informs the county director or HSC designated staff immediately.The nature of the allegations guides the necessary action which may include:

(A) suspension of subsequent assignments at the CP;

(B) immediate removal of the current participants; or

(7) Changes in placements and subsequent placements. Following successful completion of CP training, the worker and participant meet to determine whether a second CP placement or other work activity might be beneficial.The worker reviews the employability plan prior to allowing a participant to enter the next work activity.¢ 2728In making this decision, consideration must be given to:

(A) the participant's ability to secure and maintain employment;

(B) whether the participant needs additional training or placement opportunities to enhance employment skills; or

INSTRUCTIONS TO STAFF 340:10-2-4

Revised ~~7-1-12~~1-1-14

1.(a) When another state agency requests a referral for a Temporary Assistance for Needy Families (TANF) participant, ~~human services center (HSC)~~ designated county staff completes Form 08TW023E, State Work Incentive Referral, and gives it to the participant to take to the other state agency.

(b) When ~~HSC~~ designated county office staff refers the participant to a another ~~HSC~~ county office, no referral form is needed.

(c) Documentation of all referrals and outcomes must be kept in the case record.

2.Subsidized Employment Program (SEP) contracts require Adult and Family ~~Support~~ Services ~~Division (FSSD)~~ (AFS), TANF Section approval.

3.The employee must be hired at a minimum of 35 hours per week.

34.When an employer has not previously contracted with ~~OKDHS~~ the Oklahoma Department of Human Services (DHS), the employer must also complete and sign Form 23CO135E, Vendor Information – Substitute W-9.

45.~~HSC designated~~ Designated county staff files the original of Form 08TW017E, Subsidized Employment Program (SEP) Contract, and Form 23CO135E, if needed, in the case record and sends a copy to the ~~Family Support Services Division (FSSD),~~ AFS TANF Section.If When Form 23CO135E is completed, ~~HSC~~ designated county staff must fax the form to ~~the Finance Division~~ Financial Services, Claims Section at (405) 522-2082.

56.~~HSC designated~~ Designated county staff gives the original of Form 08TW006E, Subsidized Employment Program (SEP) Temporary Assistance for Needy Families (TANF) Participant Agreement, to the participant.

67.~~HSC designated~~ Designated county staff files copy of the letter and the contract in the participant's case record.

78.~~HSC designated~~ Designated county staff records the date and the means of contact with the participant and the employer in Family Assistance/Client Services (FACS) case notes.

89.(a) Upon receipt of completed Form 08TW006E and Form 08TW017E, the ~~HSC~~ designated county staff determines if the new SEP employer is on the provider file.

(1) To view provider files, enter P space federal identification (ID) number on the information management system (IMS) network.

(2) If When the new SEP employer is not on the provider file, the ~~HSC~~ designated county staff enters PU.This transaction brings up a screen that the ~~HSC~~ designated staff must complete by entering the type of request as N, the business name, address, telephone number, and the federal ID number of the new employer.

(3) If When ownership of the business changes, the new owner information must be on the provider file.

(b) Once ~~it has been determined~~ the employer is listed on the provider file, ~~the HSC~~ designated county staff must ~~complete a WS authorization.~~

~~(1)~~ ~~The HSC designated staff enters~~ authorize payment by entering AUWC, space, the case number of the participant, and ~~completes this~~ inputting information on the screen per the instructions for the AUW transaction.

~~(2)~~ After the authorization ~~has cleared~~ clears, the computer automatically updates the case status to Special Medical effective the following regular roll.

(c) ~~Periodic reviews~~ The worker completes periodic renewals of eligibility ~~are completed as scheduled~~ per Oklahoma Administrative Code (OAC) 340:65-3-8(b) time frames.

910. Upon receipt of Form 08TW018E, Subsidized Employment Program (SEP) Invoice, the ~~FSSD~~ AFS TANF Section staff audits the invoice for completeness and compensability, signs it, and ~~then routes it to the Finance Division for~~ processes the claim for reimbursement.

1011.(a) When the employer is eligible for the bonus reimbursement, the SEP authorization must remain open until after the bonus payment is made to the employer.Once the payment is made, the worker closes the SEP authorization ~~is closed~~ ~~using~~ effective the last day of the 10th month of employment.

(b) When the employer is not eligible for the bonus reimbursement, the SEP authorization remains open until after the final SEP payment is made.The worker closes the SEP authorization ~~is then closed~~ effective the last day of the fourth month of the subsidy period.

1112.(a) The ~~HSC~~ designated county staff submits the final Form 08TW018E to ~~FSSD~~ AFS TANF Section.

(b) When the participant remains eligible for TANF, the worker updates the participant's:

(1) TANF ET&E status field F154 of the TANF Work tab in the FACS Interview Notebook ~~for the participant~~; and

(2) ~~updates the~~ TANF benefit status by resending the benefit (F24), status (f25), and effective date(F26) fields ~~F24, F25, and F26~~ in the Household tab.

(c) When the participant is not eligible for TANF, the worker closes the Financial Assistance section in the FACS Eligibility Notebook using the appropriate reason and updates other benefits sections as needed.

1213.(a) When the participant remains eligible for TANF, the worker updates the participant's:

(1) TANF ET&E status field F154 of the TANF Work tab in the FACS Interview Notebook ~~for the participant~~; and

(2) ~~updates the~~ TANF benefit status by resending the benefit (F24), status (F25), and effective date (F26) fields ~~F24, F25, and F26~~ in the Household tab.

(b) When the participant is not eligible for TANF, the worker closes the TANF benefit for the appropriate reason and updates other benefits sections as appropriate.The worker must determine the client's eligibility for other cash assistance, medical benefits, food benefits, and child care benefits as soon as possible and issue supplements if when necessary.

1314.The worker refers participants to on-the-job training (OJT) by completing Form 08TW003E, Interagency Referral and Information.

1415.Refer to OAC 340:10-3-40(12) when the on-the-job training (OJT) is from AmeriCorps Vista.

1516.The ~~HSC~~ designated county staff makes a referral using Form 08TW003E.When the contracted provider ~~has agreed~~ agrees to accept the participant in the program, the contracted provider returns Form 08TW003E to the ~~HSC~~ county office.It is the responsibility of the ~~HSC~~ designated county staff to notify ~~FSSD~~ AFS TANF Section.

1617.The ~~HSC~~ designated county staff informs the employer of the availability of the Work Opportunity Tax Credit (WOTC) as it relates to the SEP.WOTC is available for the unsubsidized portion of the wages actually paid.

1718.For information about Enterprise Communities, go to www.ezec.gov.

1819.A person participating in a drug or alcohol treatment facility does not qualify.

1920.~~Care is given to~~ Designated county staff avoid placement of trainees with facilities that consistently use Work Experience Program (WEP) participants without providing first option employment.

2021.The county director reports injuries to the OKDHS Human Resources Management ~~Division (HRMD) Risk and Safety Management Unit~~ (HRM) Employee Focused Services on Form 23RS046E, Employee's Report of Job-Related Accidental Injury or Illness.

2122.Following the participant's interview with the facility and the facility's acceptance of the participant for training, the worker makes a notation on the copy of Form 08TW002E, TANF Work/Personal Responsibility Agreement, and initiates an authorization.The worker completes Form 08TW014E, Work Experience Program – Nonprofit Participant Agreement, or Form 08TW114E, Work Experience Program ‑ For‑Profit Participant Agreement, at this time.The worker mails a copy of Form 08TW014E or Form 08TW114E to the facility as notification of the participant's starting date.

2223.A contracted entity may include, but is not limited to:

(1) Oklahoma Department of Career and Technology Education (ODCTE);

(2) Oklahoma State Regents for Higher Education (OSRHE);

(3) Workforce Investment Act (WIA); or

(4) Oklahoma Employment Security Commission (OESC).

2324.The worker forwards the written description to the county director or designee requesting approval of the training slot.

2425.Form 08TW013E, Time and Progress Report, advises the participant to submit pages one and two to the local ~~HSC~~ county office by the 20th of the current month and pages three and four by the fifth of the next month.

2526.Examples of Community Partnerships may include:

(1) community outreach and enrichment programs, such as free clinics, the Urban League, community food banks, and clothes closets;

(2) public safety organizations, such as the Oklahoma Department of Environmental Quality, local police or fire departments, Oklahoma Department of Transportation, County Commissioners' offices, and city or county offices of the Oklahoma State Department of Health;

(3) educational facilities, such as local schools and colleges.Activities at local schools might include janitorial or maintenance work, playground monitors, or cafeteria workers;

(4) animal welfare organizations, such as the Oklahoma Department of Wildlife Conservation, local humane societies, and animal shelters;

(5) child care programs, such as Head Start and licensed after school programs;

(6) agencies responsible for community recreation or beautification of cities, counties or the state, such as the Oklahoma Tourism and Recreation Department, local parks and recreation programs, or local Young Men's Christian Association (YMCA) programs;

(7) other city, county, or state agencies or entities that provide services to the community;

(8) charitable organizations, such as the United Way, Salvation Army, and Goodwill Industries International Inc.;

(9) charitable organizations or faith based entities that sponsor organized community events, such as Relay for Life, health fairs, and community Thanksgiving or Christmas programs or dinners; and

(10) Faith-Based and Community Initiatives programs.

2627.The county director reports injuries to the OKDHS ~~HRMD Risk and Management Unit~~ HRM Employee Focused Services on Form 23R046E.

2728.The worker must update Form 08TW002E.

340:10-2-8.Temporary Assistance for Needy Families (TANF) Work support services

Revised 6-1-10

(a) Scope.The worker provides or arranges payments and services for the participant to ensure successful completion of the participant's employability plan to become self‑supporting.

(1) Payments are authorized for items or services directly related to employment as an outcome.

(2) When support services are available and part of the employability plan, the participant's failure to cooperate in obtaining the support services constitutes a failure to participate in the TANF Work program.

(3) Items and services covered by the participant's medical card are not paid for by the support service fund.

(4) The only support services available to an applicant are the participant allowance and work activity payment.¢ 1

(5) Payments are not authorized for reimbursement of expenses already paid by client or others.

(b) Flexible funds.The intent of flexible funds is to provide a participant with the necessary support services needed to accomplish his or her employment goals.¢ 2

(1) Flexible funds are not available to the applicant.¢ 3

(2) To be eligible for flexible funds, the participant must:

(A) otherwise be ready to participate in a required work activity for the minimum number of hours;

(B) have a guaranteed offer of employment; or

(3) Payments for the services through flexible funds are not an automatic entitlement to the participant.

(4) Flexible funds are not used for fines including traffic fines or any cost related to a criminal offense such as legal fees or court costs.

(5) Human services center (HSC) staff has final authority to determine authorizations.¢ 4

(6) One-time payments of specific services are not to be used for reimbursement of expenses already paid by the participant or others. ¢ 5

(7) Ongoing maintenance payments are not allowed.

(8) Relatives of the client are not eligible for payment.See OAC 340:10-9-1 for degree of relationship.

(1) Work activity payments.Work activity payments are issued to persons participating in or ready to participate in assigned work activities when they have need of a small amount of cash to purchase specific items to aid them in participating in their assigned work activities such as a tank of gas, clothing, or personal items.¢ 6The maximum amount approved cannot exceed $40 per month.

(2) Participant allowances.Daily cash allowances, up to a maximum of $13 for each day, are made to participants in assigned work activities which are scheduled, structured, and supervised.¢ 7

(A) Lunch hours and travel time are not included as actual hours of attendance.

(B) For persons in Job Search, travel time between job interviews and job applications is included as actual hours of attendance.

(C) The participant makes appropriate daily entries on Form 08TW013E, Time and Progress Report, to document actual hours in attendance and submits it to the worker by the time frame shown on the form.¢ 8

(D) The daily allowance paid is:¢ 9

(i) $8 each day when the work activity equals four hours or less; or

(ii) $13 each day when the work activity equals more than four hours.

(3) Oklahoma State Bureau of Investigations (OSBI) background checks.OSBI background checks may be requested for a participant who is placed in job skills training that requires an OSBI background check as a prerequisite for employment.The job skills training can include vocational training, hands-on work experience, or public or private sector work experience.The participant is advised of the requirement and Form 08AD060E, Request for Release of Information, is completed.¢ 10

(4) Child care. Child care arrangements are made for each child(ren) in the home who is under age 13, mentally or physically incapable of self care, or under court supervision.The plans for child care are included on Form 08TW002E, TANF Work/Personal Responsibility Agreement.When the person begins active participation in TANF Work activities, child care services are documented.¢ 11

(5) Transportation contracts.Transportation contracts are initiated to provide transportation for TANF recipients who have no means of transportation to access required TANF Work training activities.¢ 12To initiate a transportation contract, HSC staff contact the Family Support Services Division TANF Section.

(6) Disability Advocacy Program (DAP).DAP is available to assist a TANF Work participant or a child(ren) receiving a TANF benefit, who has an application for disability pending with the Social Security Administration (SSA) or who the Oklahoma Department of Human Services (OKDHS) determines has a potentially meritorious claim for such benefits.¢ 13

(A) The worker makes a referral to the OKDHS contracted law firm to assist the recipient(s) with the:¢ 14

(i) application;

(ii) reconsideration;

(iii) Administrative Law Judge hearing; and

(iv) review by the SSA Appeals Council.

(B) The evaluation of merit determines if the appropriate SSA test for disability would be met if evidence was available to prove all conditions claimed by the TANF recipient.If the evaluation of merit determines there is:

(i) sufficient evidence, the law firm represents the TANF recipient.¢ 15

(I) Statewide this representation consists of assisting the recipient with the application through an unfavorable decision by the SSA Appeals Council.

(II) In counties in which representation by a lawyer or experienced non‑lawyer advocate is not available without advance payment, the contracted law firm assists with the pending application for disability through an unfavorable decision by the SSA Appeals Council; or

(ii) insufficient evidence to prove conditions claimed by the TANF recipient, no further services are provided by DAP.Representation by the law firm ceases at any time the law firm determines there is insufficient evidence to support the TANF recipient's claim for disability benefits.¢ 16

INSTRUCTIONS TO STAFF 340:10-2-8

Revised ~~6-1-11~~ 1-1-14

1.Participant allowances and the work activity payment are appropriate for a person who ~~has agreed~~ agrees to comply with work activities during the 60-day period following closure for non-compliance with Temporary Assistance for Needy Families (TANF) Work activities.

2.The flexible fund guidelines are listed in (1) through (32) of this Instruction.The maximum amount that may be authorized is $750 per object code, unless the appropriate ~~area~~ regional director or designee approves the authorization for an amount above $750.Dental may be approved in an amount up to $2500 without ~~area~~ regional director or designee approval.For a dental expense above $2500, the worker contacts Adult and Family ~~Support~~ Services ~~Division (FSSD)~~ (AFS) TANF Section for approval.

(1) Eye examinations.This service may be utilized when ~~it is determined~~ there is a need for an eye examination.

(2) Eyeglasses - single vision.This service may be utilized when ~~it is determined~~ there is a need for eyeglasses.Payment for contact lens may be approved when it is determined to be more cost efficient or beneficial to the client.

(3) Eyeglasses - bifocal or trifocal.This service may be utilized when ~~it is determined~~ there is a need for eyeglasses.

(4) Dental.This service may be utilized when ~~it is determined~~ there is a need for dental services.

(5) Vaccinations.To be eligible for vaccinations such as Hepatitis B or tetanus, the participant must be otherwise ready to participate in ~~the~~ a work activity ~~that requires~~ requiring the vaccination.

(6) Work tolerance.This service is authorized to determine the participant's ability to participate in specific work activities.Form 08TW027E, Work Tolerance Report, and Form 08HI003E, Authorization to Disclose Medical Records, must be completed when this service is authorized.Copies of Form 08TW027E and Form 08HI003E are filed in the case record.

(7) Weight control programs.This service may be utilized when ~~it is determined that~~ losing weight would enhance employability for the participant.

(8) Uniforms or special clothing.This service may be utilized when the training facility or employer requires a uniform specifically required for the job or protective items such as hard hats, goggles, or gloves.

(9) Clothing and/or shoes.This service may be utilized when ~~it is determined~~ there is a need for clothing and/or shoes.

(10) Special equipment.This service may be utilized when the training facility or employer requires special equipment for the job, such as tools.

(11) Self-employment.This service may be utilized when the participant has a need for items that allow for implementation or continuation of self-employment.

(12) Licensure fees, certification, or bonding.To be eligible for this service, the participant must verify that license, certification, or bonding is required for employment.

(13) Automobile repair and maintenance.To be eligible for automobile repair, the automobile must be owned or co-owned by the participant, his or her spouse, or the participant's parent if the participant is under 21 years of age.

(A) Two free estimates, when possible, are required for repairs.

(B) The case record must contain a statement from a qualified person, such as a mechanic, as to whether the vehicle is worth repairing based on the age and overall condition.

(C) If When parts are purchased separately for installation by someone other than a regular vehicle repair business, the repair person must provide a statement ~~must be provided by the repair person that~~ attesting the parts were installed in the correct vehicle.

(D) This service may also include the expense for tires and a battery, ~~if it is determined that without them~~ when the repair person determines the vehicle is inoperable or unsafe without them.

(E) The service does not include expenses for body repair, painting, or sanding.

(14) Driver license.This service may be utilized for a private and/or commercial license needed to operate a motor vehicle by a TANF Work participant.The loss of a driver license due to a traffic offense or fine is not paid with this fund.

(15) Automobile tags, title, and tax.The automobile to be tagged must be owned or co-owned by the participant, his or her spouse, or the participant's parent if when the participant is under 21 years of age.This service includes excise tax and transfer of title.

(16) Automobile insurance.The automobile to be insured must be owned or co-owned by the participant, his or her spouse, or the participant's parent if when the participant is under 21 years of age.

(17) Relocation and moving expenses.To be eligible for relocation and moving expenses, utility or rent deposits, the participant must relocate to accept employment.The employment must be located more than the locally accepted commuting distance from the participant's home.

(18) Reserved for future use.

(19) Automobile purchase.This service is authorized when the worker determines it is ~~determined~~ the only option available to meet the transportation needs of the participant.

(20) Automobile down payment.This service is authorized when the worker determines it is ~~determined~~ the only option available to meet the transportation needs of the participant.

(21) Rent and utilities.This service may be utilized for an emergency shelter need.

(22) General Educational Development (GED) examinations.~~This service is utilized~~ Effective January 1, 2014, flex funds are no longer used to pay for ~~persons who meet the criteria for taking~~ a participant to take the GED examination or retest.After the participant's GED instructor confirms the client is ready to take the GED examination, the worker sends an email to TANF@okdhs.org requesting a voucher to pay for the examination and includes the participant's name and case number.The worker must document receipt of the GED instructor's approval in case notes.AFS TANF staff responds to the email with the voucher number for each module.

(A) The participant makes application for the examination or retest through the local adult learning center, which sends the application to the State Department of Education (SDE).A second application to SDE must be completed prior to being accepted for retesting.Subsequent examinations are authorized only following additional educational instruction with a review and update of the employability plan.

(B) SDE sends an authorization letter to the qualified participant.The participant contacts the worker for a flexible fund authorization.SDE sends the participant's score directly to the participant.When the participant attains a qualifying score, SDE sends a Certification of Equivalency.The participant notifies the worker upon receipt of the score.

(23) Non-contractual transportation.This service may be utilized only when a ~~human services center (HSC)~~ county office is in the process of obtaining a transportation contract or ~~when~~ there is no vendor available or interested in contracting with the ~~HSC~~ county office.

(24) Non-contractual training.This service may be utilized when short-term training courses are not covered by existing local contracts.This includes vocational classes and job readiness training.

(25) Learning disabilities screening.This service may be utilized to assess a participant for learning disabilities.Adult learning centers may provide this assessment.

(26) Child care fees.This service may be utilized when ~~child care arrangements have been made and~~ the participant needs assistance paying an a child care enrollment or activity fee.These funds are not available for paying the actual child care costs.

(27) Past due automobile payments.This service may be utilized to prevent repossession when transportation is essential to continue a work activity and the participant is able to make future payments.When the worker determines the participant is unable to make future payment, a different transportation plan must be developed.

(28) Automobile inspection fee.This service may be utilized to have an automobile professionally inspected prior to purchase.

(29) Tow charge.This service may be utilized when it is necessary to tow a vehicle for repair.

(30) Household items.This service may be utilized to purchase or repair essential household items to prevent disruption of a work activity.

(32) Health related.This service may be utilized for health related expenses not covered by SoonerCare (Medicaid), such as non-compensable prescriptions, medical supplies, psychological evaluations, mandated drug tests, or physical examinations not paid by an employer or training provider.

(33) Disability Advocacy Program (DAP) fees. This service is utilized when fees for special testing are not covered under the DAP contract.

3.(a) In addition to active TANF clients, clients who are in a Subsidized Employment Program component or in special medical~~, Work Supplementation,~~ or continuing medical benefit status may receive flexible funds.

(b) A client whose TANF benefits ~~are terminated on~~ closed witha 52A or a 52B closure code may also be considered eligible as a participant if when:

(1) he or she signs a new or updated Form 08TW002E, TANF Work/Personal Responsibility Agreement, Section 7~~, and~~;

(2) agrees to cooperate with TANF Work within 60 calendar days of the closure~~.There must be an open~~; and

(3) the worker opens a TANF Work authorization ~~that shows~~ showing the work activity agreed upon by the client and worker.

4.The worker must:

(1) determine on a case-by-case basis if the service is available through any other resource, which includes other Oklahoma Department of Human Services (OKDHS) programs, local churches, and civic groups;

(2) negotiate for goods and services for the participant at the least possible cost and determine if the labor cost may be reduced or donated;

(3) not include state or local taxes in the negotiated amounts;

(4) pre-determine and authorize any payment or service by signing the Authorization to Purchase form; and

(5) inform the participant to sign the Authorization to Purchase form only after the service has been rendered.

5.(a) The worker accesses the payment screen ~~is accessed~~ through the online ~~Finance Division~~ Financial Services system or the Finance Applications Web site on the InfoNet.

(1) Data entered on the provider includes federal identification number, address, and telephone number.

(2) The worker enters on the same screen:

(A) case number;

(B) cash amount of the service;

(C) the applicable object code ~~found on~~ per OKDHS Appendix H-4, Flexible Accounts; and

(D) a description of the service to be provided to the participant.~~This~~ The description must be as detailed as possible to prevent any misunderstanding as to what the payment of the authorization covers.

(3) ~~When all the~~ The worker enters needed information ~~is entered~~, prints the completed form ~~is printed~~, and ~~given~~ gives the form to the participant.

(b) The county director or designee is responsible for periodically monitoring the expenditures from the flexible fund account.

6.The worker authorizes the work activity payment ~~is authorized~~ through the ETPANEW screen.~~This payment~~ The worker:

(1) may ~~be issued as needed~~ issue up to a maximum of $40 per month when the participant has a specific need~~.This payment~~;

(2) is does not ~~issued~~ routinely issue a work activity payment to supplement monthly living expenses~~.All~~; and

(3) documents all payment amounts and reasons for issuing ~~payment must be documented~~ payments in Family Assistance/Client Services (FACS) case notes.

7.~~Participation~~ The worker does not pay participant allowances ~~are not paid~~ for the TANF Work components of working full-time (WF), working part-time (WP), or on-the-job training (TT).Refer to Oklahoma Administrative Code (OAC) 340:10-2-1 for the payment of participation allowances for holidays and excused absences.

8.Form 08TW13E, Time and Progress Report, ~~advises~~ instructs the participant to submit pages one and two to the local ~~HSC~~ county office by the 20th of the current month and pages three and four by the fifth of the next month.

9.The worker enters the hours per day ~~that~~ the participant participates in TANF Work activities in the ETPANEW transaction using information provided by the recipient on Form 08TW013E for that month.The worker rounds down to the next whole hour any portion of an hour equal to or less than 29 minutes~~.The worker~~ and rounds up to the next whole hour any portion of an hour equal to or greater than 30 minutes.

10.The worker accesses the Oklahoma State Bureau of Investigation (OSBI) background ~~requests~~ request form through a link on the ~~FSSD~~ Infonet AFS Job Functions page for a TANF ~~home page on the OKDHS InfoNet~~ worker.

(1) ~~At the bottom of the TANF home page, there is a link to the online OSBI form.~~

~~(2) All~~ The worker must complete all applicable fields ~~must be completed~~ on ~~this~~ the form.

~~(3) When completed, the worker clicks~~ and click the submit information button to send the request for processing.

~~(4)~~(2) A TANF Section staff sends the OSBI response ~~is sent~~ to the requesting worker as soon as possible.

~~(5)~~(3) The worker:

(A) images and saves the OSBI response ~~is retained~~ in ~~the~~ a section of the case record ~~in a section~~ marked confidential;

~~(6)~~(B) ~~The worker~~ mails a copy, if when required, to the requesting facility.; and

~~(7)~~(C) ~~The worker must document~~ documentsthe reason for the request in case notes.

11.~~Purchased child care is arranged and claimed~~ The worker and client complete a child care application and plan of care based on the TANF Work plan per OAC 340:40.

12.TANF clients who are in ~~the Work Supplementation Program,~~ a SEP component or in special medical, or continuing medical benefit status continue to be eligible to receive transportation services.

13.~~A referral is made~~ The worker refers the participant to DAP if when the TANF Work recipient does not have current legal representation through a private attorney.

14.Refer to ~~OKDHS Appendix DAP-1, Legal Aid Services of Oklahoma, Inc.,~~ the Legal Aid web site at http://www.legalaidok.org/RTF1.cfm?pagename=Law%20Offices for the listing of ~~the~~ contracted Legal Aid offices ~~of the contracted law firm~~.

(1) The worker initiates the referral ~~is initiated~~ by use of Form 08TA010E, Referral for the Disability Advocacy Program.

(2) The TANF Work recipient completes and signs Form 08TA010E, Part I, and the reverse side, Request for Release of Disability Information.If When the person referred is a minor child(ren), the parent or guardian signs for the child.

(3) The worker faxes the signed and completed Form 08TA010E to the appropriate Legal Aid office.

(4) ~~The contracted~~ Contracted law firm staff completes Form 08TA010E, Part II, ~~completed by the contracted law firm~~ within ten working days of ~~completion of~~ completing the evaluation of merit.

15.~~The law~~ Law firm staff is responsible for:

(1) interviewing the referred recipient;

(2) reviewing Social Security Administration (SSA) files;

(3) obtaining existing medical records;

(4) obtaining non-medical evidence;

(5) arranging medical examinations;

(6) obtaining evaluations of residual functional capacity;

(7) completing and submitting required SSA forms;

(8) submitting evidence to SSA; and

(9) advocating, formally or informally, on behalf of the recipient.

16.(a) ~~The~~ By contract, the law firm ~~is responsible for reporting to~~ must inform the worker ~~by memorandum or electronic mail~~ within ten working days if when the:

(1) referral lacks sufficient merit to proceed at any stage of the process;

(2) ~~or if the~~ recipient fires the law firm,;

(3 recipient fails to cooperate with the law firm,; or

(4) recipient refuses to pursue any stage of administrative appeal through a decision by the SSA Appeals Council.

(b) ~~Also reported is the~~ When the referral has sufficient merit to proceed, law firm staff must provide status updates to the worker within 10 working days of the:

(1) filing of an SSA application;

(2) SSA initial decision;

(3) request for an SSA reconsideration;

(4) SSA reconsideration decision;

(5) request for an Administrative Law Judge hearing;

(6) SSA hearing decision;

(7) decision by the SSA Appeals Council; and

(8) current status of the referral, if no report has been made in the previous three months.

SUBCHAPTER 3. CONDITIONS OF ELIGIBILITY - NEED

PART 3. INCOME

340:10-3-39. Income other than earned income

Revised 6-1-11

(a) Capital investments.Proceeds from interest or dividends from capital investments, that include savings accounts, bonds, other than United States (U.S.) Savings Bonds, notes, and mortgages received subsequent to certification constitute income.

(b) Real property held as a resource.If the individual has income from property held as a resource, only the income after deducting the actual business expense is considered.

(d) Minerals.If the individual owns minerals, but not the surface rights, only actual income from minerals, delayed rentals, and production is considered.¢ 1Evidence is obtained from documents which the individual has in hand.When the individual has no documentary evidence of the amount of income, the evidence is secured from the firm or person who is making the payment.

(e) Home produce.Any home produce from garden, livestock, and poultry utilized by the individual and his or her household for their consumption represents resourcefulness on the part of the individual in improving his or her situation, and is not considered in determining the amount of benefit.

(f) Contributions.Appreciable contributions recurrently received in cash are considered income except when the contribution is not made directly to the recipient.

¢ 2

(g) Child support.Oklahoma Child Support Services (OCSS) may send the client child support in excess of the monthly court ordered amount.When the client receives this excess amount, it is considered as unearned income. When the TANF payee is a minor parent and lives with an adult relative who receives child support for the minor parent, the child support is considered as income for the minor parent.¢ 3

(h) Retirement, disability, and unemployment benefits.Income received monthly from annuities, pensions, retirement, veterans' or disability benefits, workers' or unemployment compensation, survivors' or Social Security benefits are considered unearned income.¢ 4Information as to present receipt and amount of current benefits is obtained from the individual's award letter or benefit verification statement, by viewing the warrant, or by use of the data exchange files.¢ 5Retirement benefits received as a lump sum payment at termination of employment are considered a resource.Supplemental Security Income (SSI) does not fall under these types of benefits.¢ 6

(i) Military benefits.Life insurance, pensions, compensation, servicemen dependents' allowances, and similar benefits, are sources of income which the individual and dependents may be eligible to receive.In each case, information is obtained concerning the military service of the individual's son, daughter, spouse, or parent.Clearance is made with the proper veterans' agencies, both state and federal, to determine whether the benefits are available.

(j) Income from any agency or organization. Financial aid provided to individuals by agencies or organizations which base their payment on financial need is not considered in determining the amount of the benefit provided duplication does not exist between such other assistance and that provided by the Oklahoma Department of Human Services (OKDHS).Financial aid given by other agencies or organizations does not constitute duplication if the financial aid is given:

(1) for a different purpose than that provided by OKDHS;

(2) for goods and services that are not included in the Temporary Assistance for Needy Families (TANF) need standard; or¢ 7

(3) in an amount sufficient to make it possible for the individual to have the amount of money as determined by the TANF need standard.In this instance, the non-duplicated amount is the difference between the monthly payment standard and the monthly need standard.Any amount of financial aid that exceeds that difference is considered as unearned income.

(k) Income from Vocational Rehabilitation Program through Department of Rehabilitation Services.Assistance or services received by a TANF recipient from the Department of Rehabilitation Services which are allocated to items not covered in the TANF standards, are disregarded in determining the amount of the assistance payments.Examples of assistance or services are car fare to a rehabilitation center, extra clothing, lunches, grooming needed for a training program, and any other such complementary payments.

(l) Casual and inconsequential gifts.Monetary gifts which do not realistically represent income to meet living expenses, for example, Christmas, graduation, and birthday gifts, not to exceed $30 per calendar quarter for each individual, are disregarded as income.

(1) The amount of the gifts is disregarded as received during the quarter until the aggregate amount has reached $30.At that time the portion exceeding $30 is counted as lump sum income.

(2) If the amount of a single gift exceeds $30, it is not inconsequential and the total amount is counted as income.

(3) If the recipient claims that the gift is intended for more than one person in the assistance unit, it can be divided among these persons.Gifts between members of the assistance unit are not counted.¢ 8

(m) Grants.Grants which are not based on financial need are considered income to the extent the grant is available for current maintenance.¢ 9

(1) Any portion of the grant that is expended, designated, or intended for items not included in current maintenance is excluded.

(2) Any remaining portion of a grant excluded as not for current maintenance must have detailed case documentation to justify the exclusion.

(3) The countable amount of a grant received for a period covering more than one month is prorated over the period it is intended to cover.

(n) Funds held in trust by Bureau of Indian Affairs (BIA).BIA frequently puts an individual's trust funds in an Individual Indian Money (IIM) account.To determine the availability of funds held in trust in an IIM account, the worker must contact BIA in writing and ascertain if the funds, in total or any portion, are available to the individual.¢ 10If any portion of the funds is disbursed to the individual client, guardian, or conservator, such funds are considered as available income.If BIA determines the funds are not available, they are not considered in determining eligibility.Funds held in trust by BIA and not disbursed are considered unavailable.¢ 11

(1) When BIA determines the account is unavailable and releases a certain amount of funds each month to the individual, the monthly disbursement is considered as unearned income.

(2) When BIA has stated the account is unavailable and the account does not have a monthly disbursement plan, but a review reveals a recent history of disbursements to the individual, guardian, or conservator, these disbursements must be resolved with BIA.These disbursements indicate all or a portion of the account may be available to the individual, guardian, or conservator.When the worker is unable to resolve the situation with BIA, the worker submits a referral to the Family Support Services Division (FSSD).¢ 12When a referral is sent to FSSD, the funds are considered as unavailable with a legal impediment until the worker is notified otherwise.

(3) When disbursements have been made, a determination is made whether such disbursements were made to the individual or to a third party vendor in payment for goods or services.Payments made directly from BIA to vendors are not considered as income to the individual.Services rendered and payment made by BIA is documented.

(4) Amounts disbursed directly to the individual are counted as non-recurring lump sum payments in the month received.Some trusts generate income on a regular basis and the income is sent to the beneficiary.In those instances, the income is treated as unearned income in the month received.

INSTRUCTIONS TO STAFF 340:10-3-39

Revised ~~6-1-11~~ 1-1-14

1.Refer to Oklahoma Administrative Code (OAC) 340:10-3-4(b) for information regarding the resource value of minerals.

2.Refer to OAC 340:10-3-39(l) for information concerning casual and inconsequential gifts.

3.(a) Payments made to Child Support Services (CSS) may be verified by viewing the child support payment screen using the transaction CFRRPA. To view instructions for the CFRRPA transaction, enter M space CFRRPA.

(b) ~~In this instance,~~ When the minor parent lives with his or her parent, the worker codes the child support as a contribution and it continues to count as income after certification.Refer to OAC 340:10-3-57(e)~~(4)~~(5) when the minor parent lives with his or her parent and 340:10-10-7 for information about how child support is considered after certification.

4.~~The~~ Exclude the cash value of pension plans or funds described in Section 4104 of the Food, Conservation, and Energy Act of 2008 (Public Law (P.L. 110-234) ~~is excluded~~.The list of excluded retirement saving and pension plans are:

(1) 457 of the Internal Revenue Code plans, which are plans for state and local governments and other tax-exempt organizations;

(2) Section 401(a) of the Internal Revenue Code plans including:

(A) 401(k) plans, which are generally a cash or deferred arrangement ~~and generally~~ limited to profit-making firms;

(B) SIMPLE 401(k) plans ~~which are~~ available only to small businesses;

(C) Profit Sharing Plans;

(D) Cash Balance Plans;

(E) pension or traditional defined-benefit plans; and

(F) Keogh plans;

(3) Federal Employee Thrift Savings plan;

(4) Section 403(b) of the Internal Revenue Code plans, which are tax-sheltered annuities provided for employees of tax exempt organizations and state and local educational organizations;

(5) Section 501(c)(18) of the Internal Revenue Code plans, which are retirement plans for union members consisting of employee contributions to certain trusts that must have been established before June 1959;

(6) Section 408 and 408(A) of the Internal Revenue Code plans including:

(A) Individual Retirement Accounts (IRAs);

(B) SIMPLE IRAs;

(C) Roth IRAs; and

(D) Simplified Employer Plans (SEPs).

5.Refer to OAC 340:65-3-4(4) for information regarding discrepancy screens.

6.Refer to OAC 340:10-3-57(b) for information concerning concurrent receipt of Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI).

7.(a) ~~Refer to~~ Per OAC 340:10-1-3(10), basic needs included in the Schedule IX TANF needs standard on the Oklahoma Department of Human Services (DHS) Appendix C-1, Maximum Income, Resource and Payment Standards, are food, clothing, basic drugs, personal items, shelter, utilities, and household equipment.

(b) For instance, a private agency may provide money for special training for a child or a Housing and Urban Development payment may be provided to cover moving expenses that are not included in the ~~Oklahoma Department of Human Services (OKDHS) assistance standard~~ Appendix C-1, Schedule IX needs standard.

8.Refer to OAC 340:10-3-56 for information regarding individuals who must be included in the cash assistance unit.

9.Refer to OAC 340:10-1-3(10) for information about the basic needs covered by the TANF grant.

10.At each reapplication or ~~review~~ renewal, the worker contacts the Bureau of Indian Affairs (BIA) ~~is contacted~~ to obtain information regarding any:

(1) changes ~~as to~~ in the availability of the fund; ~~and~~

(2) ~~any information regarding~~ modifications to the Individual Indian Money (IIM) account~~.Information regarding~~; and

(3) prior disbursements ~~is also obtained at this time~~.

11.Refer to OAC 340:10-3-40(26) ~~and 340:10-3-40(27)~~ for income disregards.

12.The referral must include specific details of the situation, including the worker's efforts to resolve the situation with BIA.If When Adult and Family ~~Support~~ Services ~~Division (FSSD)~~ ~~cannot~~ (AFS) TANF staff is unable to make a determination, TANF staff requests a legal decision from Legal Services regarding availability ~~is obtained by~~ ~~FSSD and forwarded~~.Once AFS TANF staff obtains the legal decision, he or she forwards the legal decision to the ~~human services center~~ the worker.

PART 7. TRANSITIONAL BENEFITS

340:10-3-75. Continued medical benefits (CMB)

Revised 6-1-09

(a) Conditions for CMB.Medical benefits are continued when a Temporary Assistance for Needy Families (TANF) benefit is closed due to the receipt of child or spousal su(pport, or new or increased earnings of the caretaker relative.¢ 1The medical benefits coverage is of the same amount, duration, and scope as if the assistance unit continued receiving TANF.Eligibility for CMB begins with the effective date of closure or the effective date of closure had the income been reported timely.A person is included for CMB only if that person was eligible for TANF and included in the assistance unit at the time of the closure.To be eligible for CMB the assistance unit must meet all of the requirements listed in (1) - (4) of this subsection.

(1) At least one member received TANF in at least three of the six months immediately preceding the month of case closure.

(2) The assistance cannot have received fraudulently as determined by Family Support Services Division Benefit Integrity and Recovery Section in any one of those six months.

(3) The assistance unit must include a dependent child who meets the age and relationship requirements for TANF and whose needs are included in the TANF assistance unit at the time of closure, unless the only eligible child is a Supplemental Security Income (SSI) recipient.

(4) Client must comply with Soonercare (Medicaid) citizenship and identity verification rules at OAC 317:35-5-25.

(b) Closure due to child support or spousal support.Medical benefits are continued if the TANF closure is due to the receipt of new or increased child support or payments for spousal support in the form of alimony.The medical benefits are continued for four months.

(c) Closure due to new or increased earnings of caretaker relative.Medical benefits are continued if the closure is due to the new or increased earnings of the caretaker relative.The caretaker relative's needs must be included in the assistance unit at the time of closure.The caretaker relative who is the natural or adoptive parent is required to cooperate with Oklahoma Child Support Services (OCSS) during the period of time the family is receiving CMB.If the caretaker relative changes during the CMB period, the assistance unit loses its CMB coverage.

(1) Eligibility.Medical benefits may be continued for a period up to 12 months.This period is divided into two six-month periods with eligibility requirements and procedures for each period.

(A) Initial six-month period.The assistance unit is eligible for CMB if:

(i) an eligible child remains in the home;

(ii) the caretaker relative remains the same; and

(iii) the assistance unit remains in Oklahoma.

(B) Additional six-month period.Medical benefits are continued for the additional six month period if:

(i) an eligible child remains in the home;

(ii) the caretaker relative remains the same;

(iii) the assistance unit remains in Oklahoma;

(iv) the assistance unit was eligible for and received CMB for each month of the initial six month period;

(v) the assistance unit has complied with reporting requirements in (4) of this subsection;

(vi) the assistance unit has average monthly earned income that does not exceed the standard which is based on 185% of the Federal Poverty Level; and

(vii) the caretaker relative had earnings in each month of the three-month reporting period, unless the lack of earnings was due to an involuntary loss of employment, illness, or other good cause.

(i) The unearned income and resources of the assistance unit are disregarded in determining eligibility for CMB.

(ii) There is no earned income test for the initial six-month period.

(iii) The assistance unit's medical benefits are not continued for the additional six-month period if the assistance unit's countable earnings exceed the standard.

(iv) Income is determined by averaging the entire assistance unit's gross monthly earnings for the three-month reporting period.

(v) Use average family size for the immediate preceding three months when the family size changes during the three-month period.

(vi) The only deduction allowed is the cost for approved child care necessary for the employment of the caretaker relative.The child care deduction is averaged for the same three-month reporting period.There is no maximum amount for this deduction.

(vii) The earnings of all assistance unit members are used in determining the earned income test.The earnings of additional family members are considered only if that member is a natural or adoptive parent.

(viii) The needs of all persons whose earnings are considered are included in determining the household size for the income test.

(ix) The earned income of a full time student included in the assistance unit is disregarded the same as in TANF rules.

(D) Eligible child.When the TANF benefit is closed and CMB begins, the assistance unit must include an eligible child whose needs were included in the TANF benefit at the time of closure, unless the only eligible child is a SSI recipient.After the CMB begins, the assistance unit must continue to include an eligible child.However, age is the only requirement an eligible child must meet.This means that the eligible child does not have to meet the deprivation factor once CMB begins.

(E) Additional members.After the CMB begins, family members who move into the home cannot be added to the CMB coverage.This includes siblings and a natural or adoptive parent(s).If the additional member is in need of medical services, a new application is completed for that person.If an assistance unit member included in the CMB leaves the home and then returns, that member may be added back to the CMB coverage if all conditions of eligibility are met.A child under the age of one year whose mother is included in the CMB coverage, is added to the assistance unit if the child is deprived of parental support.

(F) Third party liability.The assistance unit's eligibility for CMB is not affected by a third party liability.However, the assistance unit is responsible for reporting all insurance coverage and any changes in the coverage.The worker must explain the necessity for applying benefits from private insurance to the cost of medical care.¢ 2

(G) Termination of CMB.The CMB coverage is discontinued any time the assistance unit fails to meet the eligibility requirements as shown in this Section.If it becomes necessary to discontinue the CMB coverage for the assistance unit or any member of the assistance unit, the person must be advised that he or she may be eligible for medical benefits under the regular SoonerCare (Medicaid) Program and how to obtain these benefits.¢ 3

(2) Notification.Notices are sent to the assistance unit, both at the onset of and throughout the CMB period.These notices, which are sent at specific times, inform the assistance unit of its rights and responsibilities.When a TANF benefit is closed and the assistance unit is eligible for CMB, the computer-generated closure notice includes notification of the continuation of medical benefits.Another computer-generated notice is sent at the same time to advise the assistance unit of the reporting requirements and under what circumstances the medical benefits may be discontinued.Each notice listed in (A) through (C) of this paragraph includes specific information about what the assistance unit must report.The notices serve as the required advance notification in the event benefits are discontinued as a result of the information furnished in response to these notices.

(A) Notice #1.PSNCM1 is issued in the third month of the initial continued medical eligibility period.This notice advises the assistance unit of the additional six-month period of CMB, the eligibility conditions, reporting requirements, and appeal rights.

(B) Notice #2.PSNCM2 is issued in the sixth month of the continued medical eligibility period, but only if the assistance unit is eligible for the additional six‑month period.This notice advises the assistance unit of the eligibility conditions, reporting requirements, and appeal rights.

(C) Notice #3.PSNCM3 is issued in the ninth month of the continued medical eligibility period, or the third month of the additional six-month period.This notice advises the assistance unit of the eligibility conditions, the reporting requirements, appeal rights, and the expiration of CMB coverage.

(3) Notices not received.In some instances the assistance unit does not receive all of the notices listed in (c)(2)(A)-(C) of this Section.¢ 4The notices and report forms are not issued retroactively.¢ 5

(4) Reporting.The assistance unit is required to periodically report specific information.To assist the unit, Form 08TA018E, Continued Medical Benefit Reply Form, is sent at the same time as the notices generated during the CMB period.Though preferred, it is not mandatory for the report form itself to be returned.The information may be reported by telephone, in an office interview, or by letter.¢ 6

(A) The assistance unit must report:

(i) gross earned income of the entire assistance unit for the appropriate three-month period;¢ 7

(ii) child care expenses, for the appropriate three-month period, necessary for the caretaker relative's continued employment;

(iii) changes in members of the assistance unit;

(iv) residency; and

(v) third party liability.

(B) The reporting requirement time frames are explained in this subparagraph.

(i) The information requested in the third month must be received by the 21st day of the fourth month and is used to determine the assistance unit's eligibility for the additional six-month period.While this report is due in the fourth month, negative action cannot be taken during the initial period for failure to report.If the assistance unit fails to submit the requested information, benefits are automatically suspended effective the seventh month.If action to reinstate is not taken by deadline of the suspension month, the computer automatically closes the case effective the next month.

(ii) The information requested in the sixth month must be furnished by the 21st day of the seventh month.The decision to continue benefits into the eighth month is determined by the information reported.

(iii) The information requested in the ninth month must be furnished by the 21st day of the tenth month.The decision to continue medical benefits into the 11th month is determined by the information reported.

(I) When the information is not reported timely, the CMB are automatically suspended by the computer for the appropriate effective date.

(II) If the assistance unit subsequently reports the necessary information, the worker determines eligibility.

(III) If all eligibility factors are met during and after the suspension period, the medical benefits are reinstated.The effective date of the reinstatement is the same as the effective date of the suspension so the assistance unit has continuous medical coverage.

(d) Receipt of medical benefits after CMB ends.To ensure continued medical coverage, Form 08MA007E, Recertification of Eligibility for SoonerCare Health Benefits, is computer-generated and mailed to the assistance unit during the third month of CMB for benefits closed due to the receipt of child or spousal support or the 11th month of CMB for benefits closed due to increased earnings.The assistance unit must return Form 08MA007E for a medical redetermination to be made prior to the termination of the CMB benefits.When determined eligible, medical benefits continue as regular SoonerCare (Medicaid) benefits, not CMB.¢ 8If the assistance unit fails to return Form 08MA007E, medical benefits are terminated.

INSTRUCTIONS TO STAFF 340:10-3-75

Revised ~~6-1-08~~ 1-1-14

1.When the worker closes the Temporary Assistance for Needy Families (TANF) cash assistance benefit and in error does not continue the medical benefits ~~are not continued at the Temporary Assistance for Needy Families (TANF) closure and should have been~~, the worker ~~is responsible for updating the Family Assistance/Client Services (FACS) system to reflect the information listed~~ must reopen the medical benefit using coding in (1) - (3) of this Instruction.

(1) In the Family Assistance/Client Services (FACS) Interview notebook:

(A) ~~in the~~ Financial Assistance tab, ~~enter Type Action Taken = C, Reason = correct reason code, and Effective Date = same effective date~~ the worker chooses 'C' in the 'action taken' field, the correct reason code in the 'reason' field, and the same effective date already entered in the 'effective date' field; and

(B) Household tab for each person included for continued medical benefits (CMB), the worker chooses:

(i) 'C' in the 'benefit type' field, 'E' in the 'status' field, and 'closure date' in the 'closure date' field; and

(ii) 'M' in the 'benefit type' field, 'A' in the 'status' field, and the 'most recent certification date' in the 'date' field.

(2) In the FACS Eligibility notebook ~~in the~~ Medical General tab, ~~enter Type Action Taken = R, Reason = 18A, and Effective Date = correct date.In the Financial Assistance tab enter Continued Medical Begin Date = correct date or repeat entry~~ the worker chooses 'CNT' in the 'categorical relationship indicator' field.

(3) For each person included for continued medical benefits (CMB), in the Interview notebook under the Household tab enter Benefit Type = C, Status = E, Date = closure date, Benefit Type = M, Status = A, and Date = most recent certification date.The worker checks the status of the Medical General tab to determine if medical services are closed or in vendor status.

(A) When medical services are closed, the worker reopens benefits by:

(i) entering 'R' in the type action taken' field, '18O' in the 'reason field, and the date the benefit closed in the 'continued medical' field of the Medical General tab;

(ii) CNT' in the 'categorical relationship indicator' field of the Medical General tab;

(iii) 'Y' in the 'child support services requested' field when the field is blank or contains an 'X' or 'N'; and

(iv) '01' in the 'spenddown computation' field of the Medical Financial tab.

(B) When medical services are in vendor status, the worker must close and then reopen medical services in the Medical General tab.

(i) To close medical services, the worker enters '6' in the 'type action taken' field and '69' in the 'reason' field to prevent a notice from issuing.

(ii) To reopen medical services, the worker enters information contained in (A) of this paragraph.

(iii) Once medical services are reopened, the worker enters 'C' in the 'type action taken' field and '00' in the 'certification period' field of the Medical General tab.

2.(a) ~~Information regarding the~~ The worker enters private medical insurance ~~must be kept current~~ coverage information in the FACS Interview notebook TPL tab, documents the coverage in FACS case notes, and, when available, images and files a copy of the insurance card in the case record ~~and the computer system~~.

(b) When the client reports changes in coverage during the continued medical benefit (CMB) period, the worker updates the FACS TPL tab and documents the change in FACS case notes.

3.~~This requirement is met by providing the person with an application.The case record must be documented to show this requirement has been met.~~The worker refers the client to WWW.MYSOONERCARE.ORG when the client has internet access or informs the client he or she may complete an application at the local health department, Indian clinic, participating health care provider, or county office.

4.For example, ~~if a~~ when the TANF benefit ~~was to be~~ should have closed effective ~~05-01-00~~ 05-01-2013, but ~~failed to~~ ~~get closed~~ did not close until ~~08-01-00~~ 08-01-2013, the effective date of CMB ~~would be 05-01-00~~ is 05-01-2013.If the TANF benefit closed timely, the assistance unit would have received Notice #1 ~~would have normally been issued~~ in July. Since the benefit was not closed timely, the assistance unit will not receive notice #1.

5.When a notice or report form is not issued to the assistance unit, the worker ~~is responsible for working with the assistance unit to~~ must obtain the information necessary to establish ~~their~~ the assistance unit's continued medical eligibility.The ~~case record~~ worker must ~~contain documentation as to~~ document in FACS case notes how continued medical eligibility was established and image and file verification in the case record.

6.(a) The ~~Form 08TA018E, Continued Medical Benefit Reply Form, is~~ computer-generated reporting form issues on the 25th of each month ~~and is shown~~.The worker may view the reporting form on the notice list ~~and the computer screens~~ (NL) by entering NL space case number and then entering NI by the appropriate notice.

(b) The worker may view a list of case numbers required to report eligibility information by entering CM5A or CM5O ~~transactions for each human services center (HSC)~~ space and the county office number.

(1) The CM5A screen lists the ~~most recent the 08TA018E reports~~ case numbers issued ~~for a~~ ~~HSC while the~~ a computer-generated reporting form within the last month.

(2) The CM5O screen shows ~~only those~~ ~~08TA018E reports~~ case numbers issued ~~after the first three months of CMB and~~ a reporting form prior to the most recent month when information ~~has~~ is not ~~been~~ received and updated by the ~~HSC in the fourth or fifth months of the initial six months of eligibility~~ county office.~~To access these screens enter CM5A or CM5O space HSC number.~~

(3) Case numbers remain on the CM5A or CM5O screen until the worker determines continued eligibility or closes CMB benefits or the system closes CMB benefits at the end of the initial six months of eligibility.

(A) When the assistance unit responds ~~to Form 08TA018E~~ and provides proof of continuing eligibility, ~~it is the responsibility of~~ the worker to must update the CM5A or CM5O screen~~.If the information provided indicates continued eligibility, an~~ by entering an "X" ~~is entered~~ in the indicator field by the appropriate case number and the date the form was returned or information received ~~is entered~~ in the "date returned" field.

(B) When the worker determines the assistance unit is no longer eligible for CMB benefits, the worker closes the benefit in the Medical General tab by entering a closure code in the ''type action'' field and the appropriate effective date in the "effective date'' field.

~~(b)~~(C) The system suspends CMB benefits ~~are suspended if~~ when the CM5A or CM5O screen ~~has~~ is not ~~been~~ updated by the end of the sixth or ninth month of eligibility.~~A notice of suspension is~~ When CMB benefits suspend, a computer-generated suspension notice issues to the assistance unit.

(i) ~~If it is determine that~~ When the worker determines the assistance unit continues to be eligible for CMB benefits after ~~the~~ suspension ~~action has taken place~~, the worker must ~~reinstate the~~ follow reopen instructions in ITS 1 of this Section to reopen CMB benefits ~~effective the same effective date as the suspension~~.

(ii) ~~If a determination is made that~~ When the worker determines the assistance unit ~~will be~~ is ineligible ~~at the beginning of the seventh month~~ following suspension, ~~the appropriate action is taken on the FACS system on~~ the worker closes the benefit in the Medical General tab by entering a closure code in the ''type action'' field and the appropriate effective date in the ''effective date'' field.

7.~~Gross~~ The worker must verify earned income ~~must be verified~~ and ~~documented~~ document receipt and income calculation in FACS case notes.

8.~~When the assistance unit returns the~~ The notice of expiration includes Form ~~08MA007E~~ SC-2, Recertification of Eligibility for SoonerCare Health Benefits, ~~and~~.When the assistance unit returns Form SC-2 and continued medical benefits are appropriate, the worker must update the ~~Certification Period~~ "certification period" field in the Medical General tab of FACS.The FACS system updates the ~~entries for the~~ "Continued Medical Begin Date", and "Continued Medical Expiration Date", and shows the TANF benefits removed.

SUBCHAPTER 10. CONDITIONS OF ELIGIBILITY - DEPRIVATION

340:10-10-4.Continued absence of the natural or adoptive parent(s) from the home

Revised 6-1-11

(a) Determining absence.Continued absence of the natural or adoptive parent(s) from the home constitutes a reason for deprivation of parental care.

(1)It is essential to determine if a primary caretaker exists or if the parents are equally sharing parental responsibilities.

(A) Only the parent determined as the primary caretaker is eligible to receive Temporary Assistance for Needy Families (TANF) for this child(ren).

(B) If both parents are exercising responsibility for the child(ren), providing day-to-day care, and share maintenance, physical care, and guidance for the child(ren), deprivation does not exist for this child(ren).¢ 1If any one of the conditions included in the previous sentence is not met, the child(ren) is deprived of parental care.¢ 2

(2)The nature of the absence must have either interrupted or terminated the parent's functioning as a provider of maintenance, physical care, or guidance for the child(ren) and the known or indefinite duration of the absence precludes counting on the parent(s) for the present support or care of the child(ren).¢ 3If these conditions exist, the length of time of the absence is not considered.

(3) A parent(s) whose absence is due solely to employment, looking for employment, education, or active duty in the uniformed services of the United States, is not considered absent from the home.

(4) A parent(s) who is a convicted offender but is permitted to live at home while serving a court-imposed sentence by performing unpaid public work or unpaid community service during the workday is considered absent from the home.

(b) Identifying information.An applicant for TANF must provide the name of the person(s) alleged as responsible for the support of a child(ren), including the legal and natural father when they are not the same, and provide identifying information such as name, address, and the employer of the person(s), if known.The parent or caretaker relative completes and signs Form 08TA001E, Absent Parent (AP) Information Sheet and Form 03EN002E, Affidavit of Child Support Payments Received.¢ 4

(1) Absence is verified through an evaluation of the information recorded.¢ 5

(2) If the absent parent can be located at the time deprivation is being established or at subsequent reviews, the absent parent must be interviewed to determine whether deprivation exists and whether child support is being paid.¢ 6

(c) Establishing need.To establish the need for TANF, it is necessary to determine if any child support is currently being paid and, if so, the amount, how often it is paid, and the method of payment.¢ 7

(1) Parents have a legal obligation to provide financial support for their child(ren), whether or not they were married to each other.¢ 8

(2) An unmarried mother is legally the sole parent until paternity is established.

(3) The termination of parental rights does not stop the obligation of either parent to provide financial support for his or her minor child(ren), unless the child(ren) has been subsequently adopted.

(4) An adoptive parent's legal obligation continues even if a child(ren) is returned to the care of the natural parent.

(d) Acknowledgment of paternity.At any time the alleged father is located, the acknowledgment of paternity is discussed with the alleged father.The alleged father's and the mother's signature are secured on Form 03PA209E, Acknowledgement of Paternity.¢ 9

(1) If the alleged father lives in the home and acknowledges paternity orally, deprivation does not exist.

(2) If the alleged father in the home denies paternity but the mother continues to maintain that he is the father, deprivation does not exist pending legal establishment of paternity.

INSTRUCTIONS TO STAFF 340:10-10-4

Revised ~~6-1-11~~ 1-1-14

1.Deprivation does not exist for a child(ren) if when:

(1) a child(ren) lives with each parent for an equal period of time, such as two weeks with one parent and ~~then~~ two weeks with the other parent; or

(2) one parent, who does not live in the home, provides maintenance, has daily contact with the child(ren), and shares parental decision-making relating to the health, education, and welfare of the child(ren).

2.Deprivation ~~does exist for~~ exists when a child(ren) ~~who~~ continuously lives with one parent, visits the other parent on the weekends and during the summer, and the absent parent makes support payments.~~In this situation,~~ Deprivation exists because the absent parent does not have daily contact or share physical care and guidance.

3.Maintenance is considered as any assistance designed to meet the expenses of day-to-day living.

4.(a) ~~After deprivation based on absence is established, the worker is responsible for submitting~~ The worker does not complete Form 03EN002E, Affidavit of Child Support Payments Received~~, to the appropriate Oklahoma Child Support Services (OCSS) district office~~.

(b) The worker and client complete and the client signs Form 08TA001E, Absent Parent (AP) Information Sheet, ~~is completed~~ on each absent parent ~~and~~.The worker includes any other information of value in the development of child support ~~is included~~ in the office use only comments section of the form and documents the information in Family Assistance/Client Services (FACS) case notes.~~This~~ The worker images and files the form ~~is retained~~ in the case record. ~~and not sent~~ The worker DOES NOT send Form 08TA001E to ~~OCSS~~ Child Support Services (CSS) district office.

(c) When the worker receives additional information ~~is made~~ ~~available~~ ~~to the worker after the original referral and has an~~ that may effect on the enforcement of child support, the worker immediately:

(1) updates the Deprivation tab on Family Assistance/Client Services (FACS); and

(2) forwards the information ~~by memo~~ to the appropriate OCSS district office.

(d) If When the reason for deprivation changes ~~to absence~~ from incapacity or unemployment to absence, the worker:

~~(1) updates the Deprivation tab on FACS; and~~

~~(2) submits the applicable OCSS forms to the appropriate OCSS district office~~ follows procedures in (b) of this instruction.

5.Acceptable evidence includes, but is not limited to:

(1) an absent parent address;

(2) a landlord's statement;

(3) an absent parent statement; or

(4) an interview with a collateral source.

6.When the absent parent's address is known, the worker completes and mails Form 08AD008E, Non-Custodial Parent Letter, to the absent parent.

7.Payments made to OCSS may be verified by viewing the child support payment screen using the transaction ~~CFRR~~ CFRRPA.To view the ~~CFRR~~ instructions to the CFRRPA transaction, enter M space ~~CFRR~~ CFRRPA.~~Payments that have not been~~ The worker can verify payments made ~~through OCSS can be verified~~ directly to the custodial parent by ~~sending~~ receipt of a written statement or completed Form 08AD008E, Non-Custodial Parent Letter, to signed by the absent parent.

8.If When the parents are divorced or legally separated, the worker images and files any legal documents ~~are copied~~ in the case record and ~~attached~~ sends a copy to ~~the~~ OCSS ~~forms~~.

9.(a) After the mother and alleged father complete Form 03PA209E, Acknowledgement of Paternity, ~~is completed and~~ the worker:

(1) sends the original and one copy ~~are forwarded~~ of Form 03PA209E to the Oklahoma State Department of Health (OSDH), Division of Vital Records;

(2) images and files a copy in the case record~~.Copies are given~~; and

(3) gives a copy to the mother and alleged father.

(b) Completion and filing of Form 03PA209E legally establishes paternity for a child.

(1) ~~If either parent, within~~ The mother or alleged father has 60 calendar days of from completing Form 03PA209E, ~~changes~~ to change his or her mind about acknowledging paternity.To rescind Form 03PA209E, one or both parents must complete and sign Form 03PA211E, Rescission of Acknowledgement of Paternity, ~~is signed and filed~~ and file it with OSDH no later than 60 calendar days from the date they signed and dated Form 03PA209E.

(2) If When either parent is under 18 years of age ~~when~~ at the time of signing Form 03PA209E ~~is signed~~, ~~they have~~ he or she has 60 calendar days after turning 18 years of age to complete Form 03PA211E.

340:10-10-5. Requirement for assignment of support rights and cooperation

Revised 7-1-10

(a) As a condition of eligibility, when the reason for deprivation is absence, each applicant or recipient of Temporary Assistance for Needy Families (TANF) must assign to the Oklahoma Department of Human Services (OKDHS) any support rights, including cash medical, that is pending or continuing for any family member included in the assistance unit.This assignment excludes amounts ordered for past due or judgment amounts for persons who have never received TANF prior to this application.For persons who have previously received TANF, the assignment includes past due or judgment amounts previously assigned to OKDHS for the period of time the applicant received TANF.Failure to assign support rights makes the assistance unit ineligible for TANF.

(b) As a condition of eligibility for TANF, each applicant or recipient must cooperate with OKDHS in obtaining support for each child of the individual.Failure of the applicant or recipient to cooperate without good cause may be indicated either during the intake interview or at any time further action by the recipient is necessary.¢ 1

(c) If the applicant or recipient refuses to cooperate with OKDHS without good cause, the cash assistance must be reduced by 25% of the TANF payment standard the next effective date.¢ 2

(d) The Oklahoma Child Support Services (OCSS) district office makes the determination that an individual is not cooperating in establishing paternity or in establishing, modifying, or enforcing a support order as required by Section 454(29) of the Social Security Act.¢ 3 Non-cooperation is indicated by:

(1) failure to appear at a OCSS district office to provide information or evidence relevant to the case;

(2) refusal to complete and sign documents necessary to take legal action against the absent parent(s) when requested to do so by the OCSS district office;

(3) failure to comply with an order for genetic testing for the individual and the appropriate child to determine paternity;

(4) failure to appear as a witness at an administrative or district court hearing or other proceeding when cooperation is essential for the next step in providing child support services;

(5) failure to provide information, or attest to lack of information, under penalty of perjury;

(6) failure to forward to OCSS all child support payments received from the absent parent(s) after receiving the initial TANF benefit;

(7) refusal to make a repayment agreement or to comply with a repayment plan when child support payments are retained; and

(8) failure to notify OCSS of the pursuit of private legal action affecting the status or amount of a support obligation.

(e) When OCSS determines the individual is cooperating, the worker is notified and the 25% penalty is removed the next effective date.¢ 4

INSTRUCTIONS TO STAFF 340:10-10-5

Revised ~~7-1-10~~ 1-1-14

1.~~If the worker becomes aware of a client's apparent non-cooperation, the worker notifies the local Oklahoma Child Support Services (OCSS) district office~~.Refer to Oklahoma Administrative Code (OAC) 340:10-10-6 for good cause information.

2.(a) Child Support Services (CSS) makes the determination of non-cooperation and whether to apply the 25% penalty, not the worker.

(1) When CCS staff determine non-cooperation, he or she updates the client's CCPI screen to show non-cooperation by entering an "O" in the "cooperation" field, the reason code in the "reason code" field, and the date non-cooperation was determined in the "non-cooperation date" field.

(2) When the CCPI screen shows non-cooperation, the system:

(A) automatically applies the 25% penalty;

(B) removes the adult's needs from the medical benefit unless per OAC 317:35-5-7 the applicant or recipient is less than 19 years of age;

(C) closes child care subsidy benefits when approved; and

(D) sends a notice to the client.

(b) The 25% penalty only applies if when the applicant or recipient is the natural or adoptive parent of the child(ren).

(c) Per OAC 317:35-5-7, the mother remains eligible for medical benefits if she is pregnant.When the automatic process removes a pregnant mother from medical benefits, the worker must add the mother back to the medical benefits.

(d) ~~The~~ When the parent and the child(ren)'s needs are not included in the same case, the 25% penalty applies to the individuals included in the TANF benefit:This means when:

(1) the child(ren) receive a State Supplemental Payment (SSP) or Supplemental Security Income (SSI), the 25% penalty applies to the adult only ~~cases when the child(ren) is receiving State Supplemental Payment (SSP) and/or Supplemental Security Income (SSI).~~ TANF benefit; and

(2) If the adult ~~is receiving~~ receives SSP and/or SSI, ~~and fails to cooperate with OCSS,~~ the 25% penalty ~~is coded on the child(ren) in the Temporary Assistance for Needy Families (~~ applies to the oldest child'sTANF) benefit.

(b) OAC 317:35-5-7 states the TANF applicant or recipient is not included in the health benefit if good cause has not been determined by OCSS.This does not apply to an applicant or recipient who is receiving pregnancy related services or is under age 19.When good cause has been approved and the applicant or recipient who has been removed from the SoonerCare (Medicaid) benefit agrees to cooperate, the worker updates the FACS Household tab for the SoonerCare (Medicaid) benefit to show "Added to the benefit."

3.Refer to OAC 340:25-5-114 for CCS rules regarding cooperation.

4.(a) CSS makes the determination of cooperation and whether to apply the 25% penalty, not the worker.

(1) When CCS staff determine cooperation, he or she updates the client's CCPI screen to show cooperation by entering a "Y" in the "cooperation" field and the date cooperation is determined in the "non-cooperation date" field.

(2) When the CCPI screen shows cooperation, the system:

(A) automatically removes the 25% penalty;

(B) recalculates the TANF benefts;

(C) adds the adult's needs to the medical benefit; and

(D) sends a notice to the client.

(3) The worker must re-evaluate child care eligibility and re-open the child care authorization when applicable.

(b) ~~Refer to~~ Per OAC 340:10-3-57(g) Instructions to staff #17, the worker issues a supplement for the next month when compliance occurs after deadline.

340:10-10-6. Good cause

Revised 6-1-07

(a) Basis for client to claim good cause.Although cooperation is required as a condition of eligibility for Temporary Assistance for Needy Families (TANF), federal regulations provide for waiver of that condition when such cooperation is not in the best interest of the child.However, the Oklahoma Department of Human Services (OKDHS) may determine that child support enforcement activities can be safely conducted without the cooperation of the client.

(1) It is clear that the best interests of the parent or caretaker relative are relevant to the child's best interest determination when an adverse impact on the parent or caretaker will have an adverse impact upon the child.Clearly, the physical safety and well-being of the parent or caretaker relative is in the best interest of the child.If cooperation by the mother in establishing paternity or securing support would subject her to physical or emotional harm, such cooperation would be against the child's best interest if harm to the mother is sufficiently severe to affect her ability to care for the child adequately.

(2) OKDHS determines that the client has good cause for refusing to cooperate only if:

(A) there is possible physical or emotional harm to the child;

(B) there is possible physical or emotional harm to the parent or caretaker relative-payee;

(D) legal proceedings for adoption of the child are pending before a court; or

(E) the client is currently being assisted by a public or licensed private social agency to resolve the issue of whether to keep the child or relinquish the child for adoption.

(b) Cooperation.The cooperation requirement per OAC 340:10-10-5 is a TANF eligibility condition when there is an absent parent(s), unless the applicant has good cause for refusing to cooperate.In all but exceptional cases, such as when it is very difficult to gather information, the good cause determination must be made with the same degree of promptness as the determination of TANF eligibility.

(c) Assignment and degree of promptness.The good cause exception applies only to excuse the cooperation requirement.The requirement that the applicant or recipient per OAC 340:10-10-5 assign support rights to OKDHS as a condition for TANF eligibility:

(A) cannot be waived or excused based on a good cause determination;

(B) is independent from the cooperation requirement; and

(d) Notice of right to request a decision.The client has the right to claim good cause for failure to cooperate in obtaining child support.

(1) When deprivation is based on absence, the applicant for or recipient of TANF must sign Form 08TA012E, Cooperation Agreement and Request for Good Cause: ¢ 1

(A) at the time of original application;

(B) when a child is added to the grant; or

(2) The human services center (HSC) does not deny, delay, or discontinue assistance pending a determination of good cause for refusal to cooperate if the applicant or recipient has complied with the requirements to furnish evidence or information.

(e) Responsibility of applicant or recipient.It is the responsibility of the applicant or recipient who makes a claim for good cause to supply documentary evidence to establish the claim, or to furnish sufficient information to permit OKDHS to investigate the circumstances of good cause for refusing to cooperate.Uncorroborated statements of the applicant or recipient do not constitute verifying information as required by this regulation.¢ 2

(1) The evidence must be of probative value and must be supported by written statements to the extent possible.Examples of acceptable written statements are:

(A) birth certificate or medical or law enforcement records which indicate that the child was conceived as a result of incest or forcible rape;

(B) court documents or other records which indicate that legal proceedings for adoption are pending before a court of competent jurisdiction;

(C) criminal, medical, child protective services, social services, psychological, or law enforcement records which indicate that the putative or absent parent might inflict physical or emotional harm on the child or caretaker relative;

(D) medical records which indicate the emotional health history and present emotional health status of the caretaker relative or child, or a written statement from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the caretaker relative or child;

(E) a written statement from a public or licensed private social agency that the applicant or recipient is being assisted by OKDHS to resolve the issue of whether to keep the child or relinquish the child for adoption; and

(F) sworn statements from individuals other than the client with knowledge of the circumstances which provide the basis for the good cause claim.

(2) Upon request, the worker assists the client in obtaining evidence that is not reasonably obtainable.This requirement is limited to the specific documentary evidence listed in (1)(A) through (F) of this subsection.The client must specify the type of document or record needed, as well as provide sufficient identifying information to make it possible to be obtained.¢ 1

INSTRUCTIONS TO STAFF 340:10-10-6

Revised ~~6-1-11~~ 1-1-14

1.When ~~a claim for~~ the client requests good cause ~~is made~~, the worker:

(1) clicks on the "absent parent information" button within the Family Assistance/Client Services (FACS) Deprivation tab and updates the ~~Deprivation tab on Family Assistance/Client Services (FACS)~~ "cooperation" field to indicate good cause ~~determination~~ is pending; ~~however,~~ Oklahoma Child Support Services (OCSS) forms are not submitted at this time.The good cause determination process is accomplished by completing the appropriate Sections of Form 08TA009E, Good Cause Report

(2) documents the circumstances in the case notes; and

(3) requests proof of good cause.

2.~~(1)~~(a) ~~Certification.On an application or reapplication without a previous good cause request~~ After the client provides proof, the worker and supervisor evaluate all evidence to determine whether good cause is justified ~~after evaluating all of the information~~.The worker completes Sections I, II, and III of Form 08TA009E, Good Cause Report, ~~are completed by the worker and forwarded, with~~ checks whether the good cause claim is valid, and forwards Form 08TA009E and a copy of the corroborative evidence ~~attached,~~ to the OCSS district office~~, where~~.

(b) When the client does not return proof of good cause, the worker:

(1) completes Sections I, II, and III of Form 08TA009E and states in Section III that good cause is not found to be valid because the client failed to provide proof;

(2) sends the form to CCS; and

(3) documents case notes.

(c) CSS staff reviews the evidence and the worker’s recommendation, completes Section IV ~~is completed~~ giving his or her recommendation, and returns the form ~~is returned~~ to the ~~human services center (HSC)~~ county office.

~~(A)~~(1) If When the ~~HSC~~ worker and OCSS district office staff concur with the client's claim for good cause, the ~~HSC~~ worker updates the appropriate entries on in the "absent parent information" button within the FACS Deprivation tab ~~on FACS~~ to indicate good cause approval.

~~(B)~~(2) If When the ~~HSC~~ worker and OCSS district office staff ~~do not~~ concur ~~with the client's claim for~~ that good cause does not exist, the worker informs the client ~~is advised that~~ good cause is not approved and if he or she continues to refuse to cooperate, the Temporary Assistance for Needy Families (TANF) cash assistance will be reduced by 25% of the TANF payment standard per OAC 340:10-10-5.~~The~~ worker updates the program violation indicator on the Household tab on FACS to indicate non-cooperation.Refer to OAC 317:35-5-7 and 340:10-10-5, Instructions to Staff (ITS) # 3, for eligibility for health benefits.

(A) If When the client agrees to cooperate, the worker:

(i) and client sign a new Form 08TA012E, Cooperation Agreement and Request for Good Cause~~, is signed and the worker submits the appropriate OCSS forms to the OCSS district office,~~; and

(ii) updates the ~~Household tab and~~ "cooperation" field within the "absent parent information" button of the Deprivation tab on FACS to indicate the client ~~is cooperating~~ agrees to cooperate.

(B) When the client continues to refuse to cooperate, the worker notifies CSS of the client's decision.CSS makes the determination of non-cooperation and whether to apply the 25% penalty, not the worker.

(i) When CCS staff determine non-cooperation, he or she updates the client's CCPI screen to show non-cooperation by entering an "O" in the "cooperation" field, the reason code in the "reason code" field, and the date non-cooperation was determined in the "non-cooperation date" field.

(ii) When the CCPI screen shows non-cooperation, the system:

(I) automatically applies the 25% penalty;

(II) removes the adult's needs from the medical benefit unless per OAC 317:35-5-7 the applicant or recipient is less than 19 years of age;

(III) closes child care subsidy benefits when approved; and

(IV) sends a notice to the client.

(iii) The worker updates the "cooperation" field within the "absent parent information" button of the Deprivation tab on FACS to indicate the client refuses to cooperate.

(iv) Per OAC 317:35-5-7, the mother remains eligible for medical benefits when she is pregnant.When the automatic process removes a pregnant mother from medical benefits, the worker must add the mother back to the medical benefits.

~~(C)~~(3) When the ~~HSC~~ worker and OCSS district office ~~cannot~~ staff do not concur in a determination of good cause, OCSS submits all pertinent information, including Form 08TA009E, to the Adult and Family ~~Support~~ Services ~~Division (FSSD)~~ (AFS) TANF Section, where the final determination regarding good cause is made.~~FSSD~~ AFS TANF Section staff returns Form 08TA009E with Section V completed to the ~~HSC~~ worker for appropriate action and sends a copy to the OCSS district office.

(D)On a reapplication or review when good cause has been previously approved, the worker interviews the client regarding what changes, if any, there are from the circumstances that resulted in the previous good cause determination.If there are no changes, the worker completes Sections I, II, and III of Form 08TA009E and forwards it to the OCSS district office for concurrence.If there have been changes that might affect the good cause determination, the client is requested to furnish sufficient documentary evidence to substantiate the reported changes.Upon receipt of the documentation, the worker completes Sections I, II, and III of Form 08TA009E, attaches a copy of the documentation, and forwards it to the OCSS district office for concurrence.

~~(2)~~(d) ~~Reviews and changes.~~At each ~~review~~ renewal of eligibility, the worker and client complete and sign a new Form 08TA012E.When the client makes a different decision regarding good cause or gives new information during the interview, the worker evaluates whether ~~circumstances have changed for cases in which a finding of good cause has been~~ a new good cause decision must be made.

(1) If When it appears ~~that~~ circumstances have not changed, action concerning good cause is not required.

(2) If When it appears ~~that~~ circumstances ~~have~~ changed and ~~that~~ good cause does not continue to exist, the worker:

(A) completes the AFS portion of Section VI of the original Form 08TA009E, or Sections I and VI of a new Form 08TA009E when the original is not in the case record;

(B) attaches documentation of the change(s), to Form 08TA009E; and

(C) sends it the information to the OCSS district office for concurrence of the good cause reconsideration.The OCSS district office completes the CSS portion of Section VI and returns the form to the ~~HSC~~ worker.~~If there is no Form 08TA009E in the case record, the worker completes Sections I and VI of a new Form 08TA009E.~~

~~(A)~~(3) If When the joint decision is that good cause ~~does not exist~~ no longer exists, ~~this is discussed with the client and the client is advised that non-cooperation will cause a 25% reduction in the TANF payment~~ refer to procedures at (c)(2) of this instruction.~~The~~ program violation indicator on the Household tab on FACS is updated to indicate non-cooperation.Refer to OAC 317:35-5-7 and 340:10-10-5, ITS # 3, for eligibility for health benefits.If the client agrees to cooperate, a new Form 08TA012E is signed and the worker submits the appropriate OCSS forms to the OCSS district office.The worker updates the Household tab and the Deprivation tab on FACS to indicate the client is cooperating and the client's needs are included in the SoonerCare (Medicaid) benefit.When the worker and CSS do not agree, refer to procedures per (c)(3) of this instruction.

(e) When a change in circumstances occurs between renewals, the worker and client complete and sign a new Form 08TA012E.

(1) When good cause is currently approved and the client states it is safe to pursue child support, the worker:

(A) completes Form 08TA001E, Absent Parent (AP) Information Sheet, with the client and the client signs the form;

(B) enters appropriate information in the FACS Deprivation tab, including the information within the "absent parent information" button, based on information provided on Form 08TA001E, and updates the "cooperation" field to indicate the client agrees to cooperate;

(C) completes Section VI of Form 08TA009E explaining the current circumstances and sends it to CSS.The worker DOES NOT send Form 08TA001E to CSS; and

(D) documents the circumstances in the case notes.

(2) When the client agreed to cooperate in pursuing child support and asks to request good cause at a later date, the worker and client complete and sign a new Form 08TA012E.The worker follows appropriate procedures per Instruction to staff (ITS) #1 and (a) through (c) of this instruction.

~~(B)~~(f) If When the client requests TANF benefits for an additional ~~child(ren) is added to the case and there are no changes in the good cause circumstances, OCSS forms are not submitted for the designated absent parent for which good cause exists~~ child, the worker and client complete and sign a new Form 08TA012E for that child.

(1) When the client requests good cause and it is already approved for the absent parent, the worker does not need to submit Form 08TA009E to CCS unless circumstances changed.

~~(i)~~ The worker updates the FACS Deprivation tab on FACS is updated with the appropriate code to show good cause exists.OCSS forms must be submitted if the additional child application has a different absent parent and good cause has not been requested to add the additional child.

~~(ii) If good cause is requested, the procedures in 1 through 2 of this ITS are allowed.~~

~~(C)~~(2) If When the client ~~reports that~~ does not request good cause ~~is no longer requested because circumstances have changed~~, but it has previously been approved for this absent parent, the worker ~~makes the appropriate entry~~ ~~on the Deprivation tab on FACS after completing Form 08TA001E, Absent Parent (AP) Information Sheet~~ follows appropriate procedures per (e)(1) of this instruction.

~~(i) A new Form 08TA012E and the appropriate OCSS forms are completed.~~

~~(ii) Section VI of the original Form 08TA009E is completed and sent to the OCSS district office.~~

~~(iii) If there is no Form 08TA009E in the case record, the worker completes Sections I and VI of a new Form 08TA009E.~~

(iv) The routing of these forms substantiates to the OCSS district office that the client no longer requests good cause as previously approved.After reviewing these forms, OCSS Section VI and rescinds good cause.

(3) When the client requests good cause and it has not previously been requested for the absent parent, the worker follows procedures per ITS #1 of this section.

340:10-10-7.Oklahoma Department of Human Services (OKDHS) responsibilities in relation to support payments

Revised 7-1-10

(a) Referral to Oklahoma Child Support Services (OCSS).Federal regulations require referral to OCSS no later than two working days after the Temporary Assistance for Needy Families (TANF) benefit is issued based on deprivation due to absence.The appropriate completed OCSS forms supplement the computer-generated referral and are submitted, with the exception of good cause, to OCSS.Information which may have an effect on support enforcement may become known after the OCSS district office referral has been made.¢ 1

(b) Receipt of child support or spousal support.For purposes of this Subchapter, child support is defined as voluntary monetary contributions or court-ordered obligations.When a child support order also contains an order for spousal support which may be referred to as alimony or support alimony in Oklahoma, the obligation for spousal support must also be assigned to the Oklahoma Department of Human Services (OKDHS).At the application interview, the applicant is informed of the responsibility to forward to the Oklahoma Centralized Support Registry (OCSR) any support payments received from the absent parent(s) after TANF certification.¢ 2

(1) Payments received during application period.All child support payments reported by an applicant during the time prior to certification are considered as income.For purposes of rules in this Chapter, certification is considered the date of the supervisor's signature authorizing payment.Support anticipated to be received after certification is not considered as the client has agreed by signing the application to submit any future payments to OCSR.¢ 3

(2) Payments received after certification.Any support payments brought to the human services center (HSC) by the client after certification must be forwarded to OCSR.Payments are not sent in the form of cash.When OCSS receives child support in excess of the monthly court ordered amount, the excess payment may be sent to the client.The client receives this excess amount and it is considered as unearned income. ¢ 4

(3) Retained support payments.If the worker becomes aware that the client has retained assigned support payments, the OCSS district office is contacted with this information.

(A) The client is considered as not cooperating if:

(i) assigned support paid directly to the client is retained;

(ii) he or she refuses to repay a retained support overpayment in full or sign a repayment plan;

(iii) he or she fails to make payments according to the repayment agreement; or

(iv) he or she retains assigned direct support payment even if any overpayment has been repaid in full or a repayment plan is being followed.

(B) The OCSS district office determines whether non-cooperation has occurred and notifies the worker.When non-cooperation is determined, the TANF cash assistance is reduced by 25% of the TANF payment standard and the support is considered as income the next effective date.¢ 5

(C) When notified by OCSS that the client has resumed cooperation, the worker removes the 25% penalty and no longer considers the support as income.The cash assistance is increased the next effective date.¢ 5

(4) Child support and other income exceeds cash assistance.When a support payment is received that is greater than or equal to that month's TANF cash assistance, the TANF cash assistance must be closed the next effective date.¢ 6If the TANF cash assistance is not closed timely, any child support payment received during that month or subsequent months is retained by OCSS for reimbursement of TANF payments made for those months or any preceding months.¢ 7When child support, spousal support, or both, causes ineligibility, the family is entitled to continued medical benefits in accordance with OAC 340:10-3-75.Following reimbursement of all TANF cash assistance, any excess payment remaining is forwarded to the client.¢ 8

(5) Federal and/or state tax intercept payments.Federal and/or state tax intercept is used for the collection of current and past due child support payments, including interest owed.

(A) Tax intercept payments collected by OCSS prior to the client's current receipt of TANF and held for six months may be distributed to the client and is considered as a resource the month following the month of receipt.¢ 7

(B) Tax intercept payments collected for interest owed on past due child support may be forwarded to the client when the principle amount of past due child support has been paid off.¢ 8

(c) Child support services after TANF closure.At the time the TANF benefit is closed, the client is advised that he or she can receive non-TANF Child Support Services with no further application, no fee required, nor charge for collection deducted.This service occurs automatically unless the client specifically requests in writing that OCSS not provide the service or the client becomes ineligible for non-TANF Child Support Services for some other reason.

INSTRUCTIONS TO STAFF 340:10-10-7

Revised ~~6-1-11~~ 1-1-14

1.~~This information is reported by updating~~ The worker updates the absent parent information on the Deprivation tab on of the Family Assistance/Client Services (FACS) ~~and forwarding~~ system.The system automatically sends the information to Child Support Services (CSS).The worker forwards attachments, if any, by memo to the appropriate ~~Oklahoma Child Support Services (O~~CSS) district office.Attachments may include legal documents or information regarding how to locate the absent parent.

2.During the application interview, the worker explains the applicant’s child support responsibilities on the Oklahoma Department of Human Services (OKDHS) Appendix C-16, Child Support Services and Responsibilities, ~~is fully explained and given to~~ and gives the applicant ~~at this time~~ a copy of the appendix.~~When the client forwards payment to~~ The worker points out the Oklahoma Child Support Registry (OCSR), address on the appendix and advises the applicant to send any child support payments received after certification to the OCSR address.The worker instructs the applicant to include with the payment the client's name, case number, and the name of the absent parent making the payment ~~must be included~~.~~OKDHS Appendix C-16, page 4, lists the address of the OCSR.~~

3.~~Child~~ The worker counts any child support income ~~is coded on the case at~~ received by the applicant prior to certification and ~~removed~~ removes the child support for the next effective date.The worker issues a Temporary Assistance for Needy Families (TANF) benefit supplement for ~~the Temporary Assistance for Needy Families (TANF) benefit for~~ each month child support ~~was~~ is counted in error.

4.Refer to (OAC) 340:10-3-39(g) for more information regarding child support income.

5.Refer to OAC 317:35-5-7(a)(2)(F), 340:10-10-5, and 340:10-10-6 for eligibility for SoonerCare (Medicaid) benefits.

6.Payments made to CSS may be verified by viewing the child support payment screen using the transaction CFRRPA.To view the instructions to the CFRRPA transaction, enter M space CFRRPA.

~~(a)~~(1) ~~Child~~ When the client receives court-ordered child support ~~paid up to the monthly court-ordered support is considered available~~ for the current month in excess of the TANF cash assistance, the worker closes the client’s TANF benefit for the next effective date.For the month of closure, CSS sends the client all current child support and retains any additional payment for back child support when there is unreimbursed assistance.

~~(b)~~(2) ~~Any~~ Depending on the date of assignment, CSS sends child support received in excess of the monthly court-ordered support, ~~including~~ excluding cash medical when the child continues to receive SoonerCare (Medicaid), ~~is assigned to OKDHS for the~~ to the client or applies it as reimbursement of for prior months receipt of TANF.

~~(c)~~(3) A recipient is not allowed to return the TANF benefits for a month the child support payment exceeds the TANF payment standard ~~as it is not considered a lump sum payment~~ unless he or she is not eligible for the payment and keeping it creates an overpayment.

7.Refer to OAC 340:10-3-2 for resource rules.

8.This excess payment is considered as a non-recurring lump sum payment.Refer to OAC 340:10-3-28(3) for lump sum payment rules.