SECTION 340:10-1-3. State Plan for Temporary Assistance for Needy Families (TANF)

  The State Plan (Plan) covering TANF encompasses the requirements listed in paragraphs (1) through (14) of this Section.

(1)   State-wide operation. The Plan is in effect in all counties of the state as a state-administered program.

(2)   Financing. The Oklahoma State Legislature appropriates funds for financing the TANF program. Federal money is provided by block grant funding, per federal laws and regulations relating to the TANF program. These state and federal funds are used for assistance and administration under the Plan.

(3)   Designated state agency. The state TANF program is administered by the Oklahoma Department of Human Services (DHS), with at least one county office in each county in the state, operating under federal regulations, per Sections 261.1 through 261.80 of Title 45 of the Code of Federal Regulations (45 C.F.R. §§ 261.1 through 261.80), Sections 230.50 through 230.78 of Title 56 of the Oklahoma Statutes (56 O.S. §§ 230.50 through 230.78) and DHS rules, per Oklahoma Administrative Code (OAC) 340:10 and 340:65.

(4)   Appeal rights. Individuals applying for or receiving TANF cash assistance have the right to appeal any action relating to the application for or receipt of TANF benefits. An applicant may also appeal a delay in processing an application timely.Refer to OAC 340:2-5 for fair hearing procedures.

(5)   Proper and efficient administration. DHS operates under the State Merit System, which establishes and maintains personnel standards on a merit basis for certain federal grant-in-aid agencies, including DHS. DHS employees engaged in TANF State Plan administration are covered by the State Merit System.

(6)   Required reports. DHS Financial Services:

(A)   assists in fulfilling the requirements of state and federal laws by making necessary reports;

(B)   cooperates with various federal agencies by providing current and special reports; and

(C)   furnishes DHS with necessary data for the operation of its programs.

(7)   Safeguarding information. Federal and state laws and DHS rules restrict the use or disclosure of information concerning TANF applicants or recipients to purposes directly connected with program administration.

(8)   Right to apply. An individual has the right to:

(A)   apply for TANF;

(B)   expect an investigation of eligibility; and

(C)   a prompt decision regarding his or her application.

(9)   Assistance under only one program. The needs of an eligible person must only be included in one cash assistance program; the State Supplemental Payment (SSP) or TANF.

(10)   Standards for determining eligibility and amount of payment. Uniform standards for determining eligibility and rules and procedures for such determination are provided in OAC 340:65, and this Chapter. As a means of promoting uniformity and accuracy in determining the basic needs, such as food, clothing, basic drugs, personal items, shelter, utilities, and household equipment of each TANF assistance unit, a flat grant consisting of these requirements is used.

(11)   Income and resources. The income and resources available to the assistance unit are considered in determining its eligibility for TANF unless they are required to be disregarded by federal or state law or by DHS rules. Income and resources received on behalf of a member of the assistance unit by another individual that include, but are not limited to, a guardian or conservator, is considered available to the assistance unit.

(12)   Civil rights. The TANF program is administered, per the provisions of Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1975, as amended; the Age Discrimination Act of 1975; the Americans with Disabilities Act of 1990; and Title IX of the Education Amendments of 1972, as amended.

(13)   Electronic benefit transfer (EBT) restrictions. States are required to maintain policies and practices as necessary to prevent TANF cash assistance from being used in any EBT transaction in certain prohibited businesses, per Section 4004 of the Middle Class Tax Relief and Job Creation Act of 2012, Section 608(a)(12) of Title 42 of the United States Code (42 U.S.C. § 608(a)(12)). 56 O.S. § 241.4 also restricts the use of EBT transactions in these businesses and adds one additional prohibited business.

(A)   Prohibited businesses include any:

(i)   liquor store. The term liquor store means any establishment that sells exclusively or primarily intoxicating liquor. The term does not include a grocery store that sells both intoxicating liquor and groceries, including staple foods, per 7 U.S.C. § 2012;

(ii)   casino, gambling casino, or gaming establishment except for:

(I)   a grocery store that sells groceries, including staple foods, per 7 U.S.C. § 2012, and also offers, or is located within the same building or complex as an establishment offering casino, gambling, or gaming activities; or

(II)   any other establishment offering casino, gambling, or gaming activities incidental to the principal purpose of the business;

(iii)   retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment; or

(iv)   retail establishment whose principal business is that of selling cigarettes, cigars, or tobacco products. This type of retail establishment is prohibited,per 56 O.S. § 241.4 but not by federal law.

(B)   EBT transaction means the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or service.

(C)   DHS informs applicants and recipients of this prohibition by including information about the prohibition in:

(i)   Form 08MP003E, Rights, Responsibilities, and Signature for Benefits, of the application;

(ii)   posters displayed in county office lobbies;

(iii)   the certification notice; and

(iv)   a sign sent to identified prohibited businesses to educate staff and customers that the DHS-issued debit card is not accepted at their businesses.

(D)   Refer to OAC 340:10-3-57(h) for recipient benefit reduction penalties when DHS determines a recipient used his or her debit card in a prohibited business.

(E)   Refer to OAC 340:65-3-6 for debit card and direct deposit procedures, including information about accessing benefits, free services, and fees.

(14)   Teen Pregnancy. DHS has youth mentoring contracts throughout Oklahoma. These programs provide a safe environment for at-risk and low-income youth and teens. Teens attending youth mentoring are less likely to become involved in risky behavior as their after school hours are filled with sponsored/monitored activities, life skills, mentoring, nutrition, and programs designed for the teen population to make smart decisions in every area of their lives including relationship decisions that help the teen population learn how to prevent unwanted teen pregnancies.

[Source: Amended at 10 Ok Reg 527, eff 12-8-92 (emergency); Amended at 10 Ok Reg 2813, eff 6-25-93; Amended at 13 Ok Reg 281, eff 5-18-95 (emergency); Amended at 13 Ok Reg 279, eff 7-1-95 (emergency); Amended at 13 Ok Reg 2967, eff 7-11-96; Amended at 15 Ok Reg 373, eff 1-1-98 (emergency); Amended at 15 Ok Reg 1602, eff 5-11-98; Amended at 17 Ok Reg 2271, eff 5-1-00 (preemptive); Amended at 21 Ok Reg 814, eff 5-1-04; Amended at 31 Ok Reg 635, eff 7-1-14 (emergency); Amended at 32 Ok Reg 1839, eff 9-15-15; Amended at 37 Ok Reg 1776, eff 9-15-20]