SECTION 340:10-5-1. Age

  To be eligible for Temporary Assistance for Needy Families (TANF), a child must be under 19 years of age. If a child is removed from the benefit because he or she has reached the maximum age for eligibility under the TANF program, he or she is eligible for the month in which his or her birthday occurs. The worker accepts the parent or guardian's statement to establish the child's age, unless the information is inconsistent or there are other facts or observations which cause the worker to question the parent or guardian's statement. When such questions exist, verification must be obtained to verify the information. Acceptable sources of verification are listed in (1) - (2) of this section.

(1)   An original or certified birth certificate, acceptable hospital certificate, or Form 08MA015E, Reporting of Newborn Child of SoonerCare Member, is considered conclusive evidence of birthdate, and is used as verification, if available. A hospital certificate is considered acceptable when it includes the:

(A)   child's name and birthdate;

(B)   name of the institution or geographical location of the birth;

(C)   name of the parent(s); and

(D)   signature of the attending physician or responsible hospital staff member such as administrator, nurse, or records supervisor.

(2)   If birth information is from hospital records other than an acceptable certificate, birth scrolls, and similar records, two other pieces of evidence which reflect the same birthdate, with no evidence to the contrary, are acceptable as conclusive evidence and constitute a source of age verification. Evidence includes:

(A)   baptismal, confirmation, or other church and parish records. These may be found either in the possession of the family or on record at the church;

(B)   passports. Persons who have obtained visas may have in their possession documents showing the birthdate at the time the visa was issued;

(C)   court records;

(D)   insurance and burial policies if the date of birth at the time the policy was issued, is entered on the insurance policy;

(E)   any social agency records including Oklahoma Department of Human Services (OKDHS) records;

(F)   institution records such as records of a public or private hospital, or other type of institution, or home, giving the child's birthdate at the time of admission;

(G)   family records such as an entry of a child's birthdate in a family Bible or on some other similar document if the entry is unchanged, either by erasure or overwriting;

(H)   school records. Elementary and high school records are available in the school districts. School census records are available in the county superintendent of schools office. These records are made from information given by the parent or guardian; or

(I)   United States Census records. If possible, data given for more than one year is reviewed for purposes of corroboration.

[Source: Amended at 11 Ok Reg 153, eff 10-10-93 (emergency); Amended at 11 Ok Reg 1639, eff 5-12-94; Amended at 13 Ok Reg 435, eff 9-1-95 (emergency); Amended at 13 Ok Reg 2167, eff 6-14-96; Amended at 15 Ok Reg 3884, eff 9-1-98 (emergency); Amended at 16 Ok Reg 1010, eff 4-26-99; Amended at 17 Ok Reg 2271, eff 5-1-00 (preemptive); Amended at 28 Ok Reg 781, eff 6-1-11]