SECTION 340:40-7-7. Establishing the need factor for child care

(a)   Establishing the need factor. In order for children to be cared for in a safe environment while the parent or caretaker participates in an approved activity or for protective or preventive reasons, the Oklahoma Department of Human Services (DHS) provides subsidized child care benefits.

(1)   The worker arranges to obtain documentation of the need factor from the client or collateral sources.

(2)   The worker and client negotiate the amount of travel time allowed for an activity based on what is a reasonable length of time.

(3)   The worker does not approve child care for the hours the child attends school or Head Start.

(b)   Need factor for single parent or caretaker families. The need for subsidized child care is met when the:

(1)   parent or caretaker is employed, per Oklahoma Administrative Code (OAC) 340:40-7-8(a);

(2)   parent or caretaker needs sleep time during the day after working night hours when a feasible alternative is used at no cost to DHS during the night working hours, per OAC 340:40-7-8(a)(5);

(3)   parent or caretaker attends a training or formal education program designed to lead to employment, per OAC 340:40-7-8(b) and (c);

(4)   parent or caretaker attends high school, high school equivalency classes, literacy, adult basic education (ABE), or English as a Second Language (ESL) classes, per OAC 340:40-7-8(c);

(5)   parent or caretaker participates in Supplemental Nutrition Assistance Program (SNAP) Education and Training (E&T) activities, per OAC 340-7-8(d);

(6)   parent or caretaker participates in an approved Temporary Assistance for Needy Families (TANF) Work activity, per OAC 340:10-2-1;

(7)   child needs care or supervision for part of the day as a protective or preventive service, per OAC 340:40-7-8(f); or

(8)   child receives Supplemental Security Income (SSI) and needs care for enrichment purposes, per OAC 340:40-7-8(g).

(c)   Need factor for two-parent or two-caretaker families. Two-parent or two-caretaker families include two natural or adoptive parents, the natural parent and a stepparent, two grandparents, other relative married couples, or other non-relative married couples. When an unmarried couple applies, only the natural or adoptive parent must meet a need factor. The need for subsidized child care is met when:

(1)   both parents or caretakers work during the same hours they request child care, per OAC 340:40-7-8(a);

(2)   one or both parents or caretakers need sleep time during the day after working night hours when a feasible alternative is used at no cost to DHS during the night working hours, per OAC 340:40-7-8(a)(5). When both parents do not work night hours, one parent must work during the other parent's sleep time hours;

(3)   one parent or caretaker attends a formal education or training program, per OAC 340:40-7-8(b) or (c) during the same hours the other parent or caretaker works per OAC 340:40-7-8(a);

(4)   both parents or caretakers attend high school, per OAC 340:40-7-8(c);

(5)   one parent or caretaker attends high school during the same hours the other parent or caretaker works or attends a formal education or post high school training program, per OAC 340:40-7-8(a) through (c);

(6)   one parent or caretaker attends high school equivalency classes, literacy, ABE, or ESL classes, per OAC 340:40-7-8(c)(2) or (3) during the same hours the other parent or caretaker works, per OAC 340:40-7-8(a);

(7)   one or both parents or caretakers participates in SNAP E&T activities per OAC 340-7-8(d). When one parent or caretaker is not participating in SNAP E&T activities, he or she must meet a need factor during the same hours, per OAC 340:40-7-8;

(8)   one or both parents or caretakers participate in approved TANF Work activities, per OAC 340:10-2-1. When one parent or caretaker is not participating in TANF Work activities, that parent must meet a need factor, per OAC 340:40-7-8 during the same hours;

(9)   the child needs care or supervision for part of the day as a protective or preventive service, per OAC 340:40-7-8(f);

(10)   the child receives SSI and needs care for enrichment purposes, per OAC 340:40-7-8(g); or

(11)   one parent or caretaker is incarcerated and the other parent remains in the home. In this instance, the parent remaining in the home is treated as a single parent.

(d)   Need factor in joint custody cases. When parents are separated or divorced and share custody of their child, voluntarily or through a court order, each parent's income and need for child care is considered separately.

(e)   Need factor for a child attending an Early Head Start-Child Care Partnership (EHS-CCP) grant program or an Oklahoma Early Childhood Program (OECP). A child attending an EHS-CC Partnership grant program or an OECP may be approved for a weekly unit type when the parent or caretaker qualifies for Child Care Subsidy and meets a need factor per (b) or (c) of this Section for some of the EHS-CC Partnership grant program or OECP care hours.

(f)   Activities that do not meet the need factor for child care. The need factor for child care is not met and child care must not be approved for:

(1)   job search for parents or caretakers not participating in TANF Work activities, per OAC 340:10-2-1;

(2)   online Internet based or televised education or training courses when an instructor is not conducting a live broadcast and attendance is not required while the program is being broadcast, per OAC 340:40-7-8(b) and (c);

(3)   undergraduate classes or other training not expected to lead to a degree or certificate of completion, per OAC 340:40-7-8(b) and (c);

(4)   post graduate education, such as master's and doctoral programs;

(5)   two-parent or two-caretaker families when both attend a formal education or training program during the same days and hours;

(6)   transportation only;

(7)   volunteer hours or jury duty;

(8)   hours a school age child could attend a public or private school, but the parent or caretaker chooses to home school the child at night; and

(9)   children in Child Welfare Services foster care, when one or both foster parents do not meet child care eligibility rules, per OAC 340:75-7-65.

[Source: Added at 17 Ok Reg 25, eff 10-1-99 (emergency); Added at 17 Ok Reg 1244, eff 6-1-00; Amended at 17 Ok Reg 3583, eff 10-1-00 (emergency); Amended at 18 Ok Reg 1236, eff 5-11-01; Amended at 19 Ok Reg 195, eff 1-01-02 (emergency); Amended at 19 Ok Reg 1757, eff 6-14-02; Amended at 21 Ok Reg 1358, eff 7-1-04; Amended at 23 Ok Reg 1872, eff 7-1-06; Amended at 30 Ok Reg 655, eff 6-1-13; Amended at 32 Ok Reg 1875, eff 10-1-15; Amended at 34 Ok Reg 58, eff 10-1-16 (emergency); Amended at 34 Ok Reg 1481, eff 10-1-17; Amended at 36 Ok Reg 363, eff 3-1-19 (emergency); Amended at 37 Ok Reg 1813, eff 9-15-20]