SECTION 340:10-3-56. Household composition

(a)   Household composition. Household members who must be, may be, and must not be included in the Temporary Assistance for Needy Families (TANF) assistance unit are defined in this Section.

(1)   Persons who must be included in the assistance unit, unless otherwise excluded per paragraph (3) of this subsection, are:

(A)   at least one TANF eligible child;

(B)   the natural or adoptive parent(s); and

(C)   all blood-related minor siblings living in the home with the TANF eligible child(ren), including half-brothers and half-sisters, unless:

(i)   eligibility for the half-brothers and half-sisters does not exist;

(ii)   a minor parent is the adult in the assistance unit and the minor parent's siblings live in the same home;

(iii)   a blood-related minor sibling receives Supplemental Security Income (SSI); or

(iv)   a blood-related minor sibling is an ineligible alien per Oklahoma Administrative Code (OAC) 340:10-15-1.

(2)   Persons whose needs may be included are:

(A)   the caretaker relative-payee other than the natural or adoptive parent(s) with whom the child(ren) resides, when this person meets the definition of needy and is of the specified degree of relationship per OAC 340:10-9-1. A caretaker, other than stepparent, may be included in the assistance unit only when the natural or adoptive parent(s) is absent from the home. A stepparent may be included in the assistance unit when the natural or adoptive parent(s) is incapacitated or absent;

(B)   the caretaker relative or the natural or adoptive parent when the only dependent child(ren) residing in the home:

(i)   receives SSI; or

(ii)   was removed from the home by a child protection action and the plan for the child(ren) is impending reunification;

(C)   the caretaker relative when the only child(ren) in the home receives federal or state foster care maintenance payments;

(D)   the adoptive parent(s) when the only dependent child(ren) receives a Title IV-E or state adoption subsidy;

(E)   a family that includes any head of household or a spouse of the head of household who received TANF benefits for a total of 60 cumulative months nationwide, whether consecutive, and a hardship extension is approved. All other conditions of TANF eligibility must be met. The hardship extensions are:

(i)   under-employment. The participant is regularly working 30 hours or more per week and earning at least minimum wage or its equivalent, but the net income of the assistance unit is insufficient to close the TANF cash assistance;

(ii)   chronically under-employed. The participant is under-employed over an extended period of time as a result of documented barriers;

(iii)   pending SSI or Social Security Administration (SSA) disability application. This extension is granted only when the Oklahoma Department of Human Services (DHS) determines the disability application has merit and the participant pursues all appeals through a decision by the SSA Appeals Council. When an unfavorable decision is received from the SSA Appeals Council during the time period the participant is approved for a hardship extension, Adult and Family Services (AFS) TANF staff, is notified and the TANF benefit is closed the next effective date;

(iv)   care of a disabled child(ren) or spouse. The participant is responsible for the care of a disabled child(ren) or spouse. This extension is granted only when verification is provided to show the participant is needed in the home to care for this disabled person and alternative care is unavailable;

(v)   a clinical diagnosis of mental illness. The participant is diagnosed with, and receiving treatment for, a mental disorder listed at Part 404, Subpart P, Appendix 1 of Title 20 of the Code of Federal Regulations. This illness must interfere with the participant maintaining or obtaining gainful employment. When appropriate, the participant participates in other work activities in conjunction with receiving treatment;

(vi)   a substance abuse treatment plan per OAC 340:10-2-6. The participant has a treatment plan level of care requiring:

(I)   intensive aftercare treatment of nine hours or more per week in conjunction with other appropriate work activities;

(II)   outpatient treatment of nine hours or more per week in conjunction with other appropriate work activities; or

(III)   is in full-time inpatient treatment;

(vii)   a continuing training or educational activity. The participant, during the 60th month, is regularly attending an approved training or educational activity that will be completed in less than 12 months;

(F)   a child of a minor in foster care when the minor's child is not included in a foster care payment;

(G)   a child(ren) living with a parent who is ineligible due to a positive screen for the illegal use of a controlled substance or substances per OAC 340:10-4-1; or

(H)   a child(ren) living with a parent permanently deemed ineligible due to a fourth violation of using the TANF cash assistance in a prohibited location per OAC 340:10-3-57(h)(2).

(3)   Persons whose needs may not be included are:

(A)   a person who received a State Supplemental Payment (SSP) for the same month;

(B)   a person who received or is included in an SSI payment for the same month;

(C)   the payee's spouse when the payee is not the natural or adoptive parent;

(D)   a child(ren) included in a foster care payment;

(E)   an adopted child(ren) receiving an adoption subsidy;

(F)   an alien who is not legally admitted to the United States for permanent residence or does not meet alienage requirements;

(G)   a caretaker other than a stepparent when the natural or adoptive parent is in the home;

(H)   a person whose period of ineligibility due to receipt of a lump sum payment has not expired;

(I)   a stepparent when the natural or adoptive parent is in the home and not incapacitated;

(J)   a person in a household that is eligible to receive benefits under a tribal TANF program;

(K)   a fugitive felon;

(L)   a probation and/or parole violator;

(M)   a person convicted of having fraudulently misrepresented residence in order to obtain assistance in more than one state. The person is ineligible for a 10-year period that begins on the conviction date;

(N)   child(ren) in a family that includes any head of household or a spouse of the head of household who received TANF benefits for a total of 60 cumulative months, whether or not consecutive, and a hardship extension is not approved;

(O)   a minor unmarried payee who has a dependent child(ren) in the minor's care and does not reside with a parent(s), legal guardian, or other adult relative 18 years of age or older.

(i)   For the minor payee to be eligible for TANF benefits, the minor must live:

(I)   with the minor's natural or adoptive parent(s);

(II)   with a stepparent;

(III)   with a legal guardian;

(IV)   with another adult relative 18 years of age or older; or

(V)   in a foster home, maternity home, or other supportive living arrangement supervised by an adult. A supportive living arrangement is a privately maintained family setting and an adult assumes the responsibility for the care and control of the minor and the minor's dependent child(ren) or provides supportive services, such as counseling and guidance.

(ii)   The minor payee may reside elsewhere and be eligible for TANF if good cause is established because the:

(I)   minor has no living parent or legal guardian whose whereabouts are known;

(II)   parent(s), legal guardian, or other adult relative does not allow the minor to live in the home;

(III)   physical or emotional health or safety of the minor or the minor's dependent child(ren) is jeopardized when the minor or the minor's dependent child(ren) lives in the home with the parent(s), legal guardian, or other adult relative 18 years of age or older;

(IV)   minor parent has lived apart from the minor's parent(s), legal guardian, or other adult relative 18 years of age or older for at least one year before the birth of the child or before the minor applies for benefits; or

(V)   minor parent is legally emancipated pursuant to Chapter 4, Title 10 of the Oklahoma Statutes. A minor is legally emancipated when the district court granted the minor authority to act on the minor's own behalf;

(P)   an adult parent or needy caretaker who is ineligible as a result of a positive screen for the illegal use of a controlled substance or substances per OAC 340:10-4-1; or

(Q)   an adult parent or needy caretaker permanently deemed ineligible due to a fourth violation of using TANF cash assistance in a prohibited location per OAC 340:10-3-57(h)(1)(D).

(b)   Temporary absence. In general, when a person included in a TANF assistance unit is temporarily absent from the home, he or she continues to be included for at least three months unless circumstances unrelated to the temporary absence occurs or a longer period of absence is permitted as indicated in this subsection. Persons temporarily absent from the home and included in the assistance unit are a:

(1)   person receiving training or education for employment during the time the training or educational activities take place;

(2)   child(ren), during the school term, attending:

(A)   boarding school;

(B)   the School for the Blind or the School for the Deaf;

(C)   school, other than boarding school, when:

(i)   the parent or needy caretaker maintains normal ties with the child;

(ii)   the child(ren) continues under the control and guidance of the payee during the absence; and

(iii)   the payee is responsible for meeting the child(ren)'s expenses;

(3)   child(ren) absent from the home to visit the absent parent for a maximum of three months. This consideration applies only to visitation and does not apply if the absent parent has physical and legal custody of the child(ren) during these three months;

(4)   person absent from the home because of entrance into a private facility for treatment, rehabilitation, behavioral problems, or special training for up to four months. When an assessment indicates the person is expected to be absent more than four months, the person's needs are not included in the assistance unit;

(5)   person absent from the home for medical services, other than institutionalization for treatment of mental illness, mental retardation, or tuberculosis, for up to six months. Six-month extensions may be allowed when verification indicates the person may return to the home within the next six months;

(6)   person absent from the home to receive substance abuse treatment for up to four months when not subject to requirements per OAC 340:10-4-1. A four-month extension may be allowed when verification indicates the person will return to the home within the next four months; or

(7)   person absent from the home to receive nursing care approved by the Oklahoma Health Care Authority, Level of Care Evaluation Unit. When it appears the person is disabled, an application for State Supplemental Payment is taken, and a referral made to the SSA district office for an SSI application.

[Source: Amended at 8 Ok Reg 1225, eff 4-15-91 (emergency); Amended at 9 Ok Reg 1543, eff 4-27-92; Amended at 10 Ok Reg 527, eff 12-8-92 (emergency); Amended at 10 Ok Reg 2813, eff 6-25-93; Amended at 11 Ok Reg 3995, eff 6-17-94; Amended at 11 Ok Reg 4475, eff 8-1-94 (emergency); Amended at 12 Ok Reg 1159, eff 5-11-95; Amended at 13 Ok Reg 619, eff 9-1-95 (emergency); Amended at 13 Ok Reg 2167, eff 6-14-96; Amended at 15 Ok Reg 145, eff 11-1-97 (emergency); Amended at 15 Ok Reg 1602, eff 5-11-98; Amended at 17 Ok Reg 2075, eff 7-1-00; Amended at 17 Ok Reg 3225, eff 8-1-00 (preemptive); Amended at 18 Ok Reg 149, eff 12-1-00 (emergency); Amended at 18 Ok Reg 2055, eff 7-1-01; Amended at 18 Ok Reg 3635, eff 10-1-01 (emergency); Amended at 19 Ok Reg 1737, eff 6-14-02; Amended at 20 Ok Reg 850, eff 6-1-03; Amended at 21 Ok Reg 814, eff 5-1-04; Amended at 23 Ok Reg 980, eff 6-1-06; Amended at 26 Ok Reg 1223, eff 6-1-09; Amended at 27 Ok Reg 17, eff 11-1-09 (emergency); Amended at 27 Ok Reg 1173, eff 6-1-10; Amended at 29 Ok Reg 748, eff 7-1-12; Amended at 30 Ok Reg 338, eff 12-5-12 (emergency); Amended at 30 Ok Reg 633, eff 6-1-13; Amended at 32 Ok Reg 1839, eff 9-15-15]