SECTION 340:40-7-8. Defining the need factor for child care benefits

(a)   Employment. Employment means the parent or caretaker earns wages for work performed or meets criteria per (5) or (6) of this subsection.

(1)   The client must provide proof of his or her work hours. When the client has the flexibility to set his or her own work hours, the client and worker jointly determine if the client can reduce the number of hours the child needs care by rearranging the client's work schedule. This is especially important in two-parent or two-caretaker families.

(2)   The worker limits approval of child care to the number of days and hours the client is working plus reasonable travel time. In two-parent or two-caretaker working families, the worker limits approval to the days and hours they work the same hours plus reasonable travel time.

(3)   The client must make at least minimum wage for the number of hours he or she works to meet the employment need factor unless the client qualifies for an exception per (D) or (E) of this paragraph. Criteria for determining minimum wage is specified in (A) through (C) of this paragraph.

(A)   Minimum wage is determined by the federal government.

(B)   The worker reviews the pay information provided by the client to determine whether the client makes at least minimum wage.

(i)   When the paycheck or employer statement shows the hourly pay rate, the worker compares it to the federal minimum wage.

(ii)   When the pay information provided does not show the client's hourly pay rate, the worker divides the number of hours the client works by the gross pay per pay period to determine the client's hourly pay rate.

(iii)   When the client is considered self-employed per Oklahoma Administrative Code (OAC) 340:40-7-11(b)(2)(A), the worker divides the number of hours the client works by the net pay, after applicable business expenses, to determine the client's hourly pay rate. When the client and spouse are self-employed in the same business, the worker combines their work hours and divides the work hours by the net pay to determine their hourly pay rate.

(C)   When the client works for an employer paying a set wage less than minimum wage, and the employer refuses to begin paying at least minimum wage, the worker denies child care benefits or, when at renewal, does not approve further care.

(D)   When the client is self-employed or works for an employer paying wages based on commission or other performance measures instead of a set wage, has received earnings and does not make at least minimum wage, and the client has been performing this work:

(i)   less than one year, the worker counsels with the client to develop a plan to increase his or her income to at least minimum wage before the renewal is due. When the client is not making at least minimum wage at renewal, further care is not approved.

(ii)   at least one year without any substantial change, the worker denies the child care subsidy benefit.

(E)   When the client is an adoptive parent who meets criteria per OAC 340:40-7-12(6) or a caretaker not legally and financially responsible for the child per OAC 340:40-7-6(a)(6), he or she is not required to make at least minimum wage for the number of hours worked.

(4)   A client employed and working from his or her own home may be approved for subsidized child care benefits in an out-of-home child care home or center when he or she is unable to work while the child is in the home. When the person has flexible work hours and can work while the child is in school, care is not approved. When the person operates a licensed child care home, care is only approved in another licensed child care home or center when the client's own child places him or her over maximum licensed capacity;

(5)   Subsidized child care benefits may be approved for sleep time during the day when a parent or caretaker works night hours and a feasible alternative is used at no cost to the Oklahoma Department of Human Services (DHS) during the night working hours. Night working hours are defined as the hours between 11:00 p.m. and 7:00 a.m.

(A)   The maximum amount of time the worker approves child care allows the client eight hours of sleep plus travel time to and from the child care provider.

(B)   In two-parent or two-caretaker families care may only be approved for this reason when both parents have night time jobs or when one parent has a night time job and the other parent or caretaker works during the day while the other parent is sleeping.

(b)   Training. A training program is defined as a course of study that when completed, qualifies a person to meet requirements for a job the client could not obtain without the certificate of completion, accreditation, or licensure. Child care may be approved for one parent or caretaker to attend a training program. In two-parent or two-caretaker families, the other parent or caretaker must work during the same hours.

(1)   The training program must qualify to receive federal financial aid from the United States Department of Education (USDE) or other federal or state education funds.

(2)   Prior to initial approval for child care and at renewal, the client must provide proof of enrollment, the days and hours the client will be attending, and when he or she is expected to complete the program.

(3)   The program must require classroom attendance on a school campus with an instructor present. Care is only approved for an online Internet based course or televised course when it is a live broadcast conducted by an instructor and attendance is required while the program is being broadcast. When the program is self-paced and the client may choose his or her own school hours, care is not approved.

(4)   The client must provide proof of progress at renewal. When the client is not making satisfactory progress, the worker does not approve further child care for this reason.

(5)   Once the client completes a training program, further child care is not approved for training or education. The client is expected to look for jobs that require his or her training credentials.

(6)   In certain circumstances, the worker may approve child care benefits for a client to attend a second training program. The client must have been employed in a job requiring the training credentials he or she has for at least 12 months. Possible circumstances include when:

(A)   the client can no longer perform the job he or she is trained to do because of physical or mental health reasons. In this instance, the client must provide a statement from a doctor, mental health professional, or a vocational rehabilitation professional verifying the reason. The professional must also state that the client is capable of performing the job tasks after completion of the training program;

(B)   there is no longer a demand for the type of work the client is trained to do. The client must provide a statement from a professional working with the client to obtain employment stating there is no demand. The professional must be employed by the Workforce Oklahoma Center, a Workforce Innovation and Opportunity Act (WIOA) contracted entity, the Oklahoma Employment Security Commission (OESC), or the Oklahoma Department of Rehabilitation Services (DRS); or

(C)   the client can establish receipt of the additional training will increase his or her earning potential. The client must provide proof the starting salary with the training credentials the client wants to obtain is higher than he or she is currently earning.

(c)   Education program. An education program may include:

(1)   High school. Child care may be approved for one or both parents or caretakers to attend high school. It is not approved for a parent or caretaker to receive homebound instruction. Prior to approval the client must provide proof that he or she is enrolled, the days and hours he or she attends, and when he or she is expected to graduate.

(2)   High school equivalency, literacy, or adult basic education (ABE) classes. The program must require classroom attendance with an instructor present. Child care may be approved for one parent or caretaker to attend high school equivalency, literacy, or ABE classes. However, in two-parent or two-caretaker families, the other parent or caretaker must be employed during the same hours.

(A)   The client must provide proof of enrollment, the days and hours the client is attending, and the end date of the class prior to care approval. When the class has open enrollment and no established end date, the client must provide proof of progress and how it is measured.

(B)   The worker reviews the client's progress at renewal prior to approving further child care for this reason. At renewal, the client must provide a statement from the school that includes:

(i)   whether the client attends regularly;

(ii)   whether the client is making satisfactory progress;

(iii)   an estimated end date to complete the program; and

(iv)   the days and hours the client currently attends classes.

(C)   When the client is not attending regularly or making satisfactory progress, further child care for this reason is not approved at renewal.

(3)   English as a Second Language (ESL) classes. The program must require classroom attendance with an instructor present. Child care may be approved for one parent or caretaker to attend ESL classes when the client lacks proficiency in understanding, speaking, reading, or writing the English language. In two-parent or two-caretaker families, the other parent or caretaker must be employed during the same hours.

(A)   The client must provide proof of enrollment, the days and hours the client attends, and the end date of the class prior to care being approved. When the class has open enrollment and no established end date, the client must provide proof of how often progress is measured.

(B)   The worker reviews the client's progress at renewal prior to approval for further care for this reason. At renewal, the client must provide a statement from the school that includes:

(i)   whether the client attends regularly;

(ii)   whether the client is making satisfactory progress;

(iii)   an estimated length of time needed to complete the program; and

(iv)   the days and hours the client currently attends.

(C)   When the client is not attending regularly or making satisfactory progress at renewal, the worker does not approve further child care for this reason.

(4)   Formal education program. A formal education program is defined as a course of study leading to the attainment of an associate or bachelor's degree. Child care may be approved for one parent or caretaker to attend a formal education program and participate in activities required to maintain a scholarship. Only required scholarship activities for scholarships disbursed through the school's financial aid office qualify for child care. In two-parent or two-caretaker families, the other parent or caretaker must work during the same hours.

(A)   The formal education program must qualify to receive federal financial aid from USDE or other federal or state education funds.

(B)   Prior to initial approval for child care and at renewal, the client must provide:

(i)   proof of enrollment;

(ii)   the days and hours the client attends school or participates in activities required to maintain a scholarship; and

(iii)   when the client expects to complete the degree.

(C)   The degree program must require classroom attendance on the school campus with an instructor present. Care is only approved for an online Internet based course or a televised course when it is a live broadcast conducted by an instructor and attendance is required while the program is being broadcast. When the program is self-paced and may be completed whenever the client chooses, care is not approved.

(D)   The worker must request proof of progress at renewal when the class schedule does not show the client is progressing from freshman level classes to sophomore, junior, and senior level classes. When the client is not making satisfactory progress at renewal, the worker does not approve further child care for this reason.

(E)   Once the client completes a bachelor's degree, further care is not approved for training or education. The client is expected to look for jobs that require a degree.

(F)   In certain circumstances, the worker may approve subsidized child care benefits for a client to obtain a different bachelor's degree. The client must first have been employed in a job that required the degree he or she already has for at least 12 months. Possible circumstances include when:

(i)   the client can no longer perform the job he or she is trained to do because of physical or mental health reasons. In this instance, the client must provide a statement from a doctor, mental health professional, or a vocational rehabilitation professional that verifies the reason. The professional must also state that the client is capable of performing the job tasks of the degree program in which the client wants to enroll;

(ii)   there is no longer a demand for the type of work the person is trained to do. The client must provide a statement from a professional working with the client to obtain employment stating there is no demand. The professional must be employed by the Workforce Oklahoma Center, a WIOA contracted entity, OESC, or DRS; or

(iii)   the client can establish receipt of the second degree may increase the person's earning potential. The client must provide proof the starting salary for a person with the degree the client wants to obtain is higher than he or she is currently earning.

(d)   Supplemental Nutrition Assistance Program (SNAP) Education and Training (E&T) related child care. Subsidized child care benefits may be provided for SNAP E&T program-related assigned activities.

(1)   Prior to approval, the SNAP E&T coordinator confirms with the contracted service provider the:

(A)   activity is part of SNAP E&T;

(B)   assigned start date; and

(C)   scheduled days and hours of the activity.

(2)   When a parent or caretaker stops participating in SNAP E&T activities for reasons other than employment, child care is continued for an additional 90-calendar days from the date the client stops participating as long as the client continues to use at the same child care provider. When the client wishes to change child care providers during the 90-calendar day period, care by a different provider is not approved.

(e)   Temporary Assistance for Needy Families (TANF) related child care.

(1)   TANF related subsidized child care benefits may be provided for:

(A)   any TANF Work activity outlined on the client's Form 08TW002E, TANF Work/Personal Responsibility Agreement, per OAC 340:10-2-1 including when the person is sanctioned per OAC 340:10-2-2 and participating in TANF Work activities;

(B)   substance abuse treatment when the parent of a child receiving TANF is ineligible for TANF due to the illegal use of a controlled substance or substances per OAC 340:10-4-1. Prior to approval, the parent must provide proof of the substance abuse treatment plan from the treatment provider; or

(C)   a child receiving a child only TANF benefit when the parent or caretaker relative meets a need factor included in this Section.

(2)   When the parent or caretaker relative receiving TANF related subsidized child care stops meeting a need factor, the worker continues subsidized child care benefits for 90-calendar days at the same child care provider. When the client wishes to change child care providers during the 90-calendar day period, care by a different provider is not approved.

(f)   Protective or preventive child care. Subsidized protective or preventive child care benefits may be used as an early intervention strategy in certain critical situations to help prevent neglect, abuse, or exploitation of a child. The worker may approve child care in these situations to help stabilize the family or enhance family functioning. In most instances, Child Welfare Services (CWS) staff completes protective or preventive child care requests when they are working with the family and recommending protective or preventive child care. Subsidized protective or preventive child care benefits are approved on a temporary basis. The worker helps the family develop a plan to reduce or eliminate the need for such child care beginning with the initial contact.

(1)   Reasons protective or preventive child care may be approved include, but are not limited to, when:

(A)   an outside agency contracting with CWS to provide Comprehensive Home-Based Services (CHBS) for a non-court involved family recommends child care be provided on a temporary basis;

(B)   the parent or caretaker requests child care because of a medical condition that prevents the parent or caretaker from properly caring for the child;

(C)   a homeless family requests child care while working to stabilize the family. Homeless means the family lacks a fixed, regular, and adequate night time residence, and includes families who:

(i)   temporarily share housing with other persons due to loss of housing, economic hardship, or a similar reason;

(ii)   temporarily live in motels, hotels, trailer parks, or camping grounds due to the lack of alternative accommodations;

(iii)   live in emergency or transitional shelters; or

(iv)   live in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings not designed for or ordinarily used, as a regular sleeping accommodation for human beings; or

(D)   a family affected by a natural disaster requests child care to deal with the effects of the natural disaster, such as damage or loss of the home following a fire, flood, or tornado.

(2)   The worker may approve subsidized protective or preventive child care benefits for a maximum of 30-calendar days.

(3)   When the family requests more than 30-calendar days of subsidized protective or preventive child care benefits, the worker must obtain approval from Adult and Family Services Child Care Subsidy staff before authorizing more care. Prior to requesting an extension, the client must provide a written recommendation from a professional working with the family stating:

(A)   the names and ages of the children for whom child care is recommended;

(B)   the reason child care is recommended;

(C)   the days and hours child care is needed;

(D)   how placing the child in a child care facility helps to prevent neglect, abuse, or exploitation of the child; and

(E)   the length of time the professional expects care to be needed.

(4)   When the family receives CHBS services, the family is not responsible for paying a copayment. In other protective or preventive situations, the family may or may not be expected to help pay the cost of the subsidized child care benefits depending on the unique circumstances of the family.

(5)   In certain circumstances, families who are financially ineligible for subsidized child care benefits may be approved for protective or preventive child care benefits when the child is in danger of neglect, abuse, or exploitation. The client must provide evidence the family is so burdened by debt the additional financial pressure of paying for child care may result in further deterioration of family stability and functioning. The client must also provide a plan for reducing his or her debt.

(g)   Enrichment. The purpose of subsidized enrichment child care benefits is to assist a child receiving Supplemental Security Income (SSI) to develop socialization skills and transition into a group setting, such as a classroom. When a child is not receiving SSI benefits, the child is not approved for subsidized enrichment child care benefits.

(1)   The need for subsidized enrichment child care benefits is based solely on the needs of the child's condition of delay or disability instead of the activities of the parent or caretaker.

(2)   Enrichment child care is limited to a maximum of two days per week not to exceed 10 full-time or part-time days per month.

(3)   The parent or caretaker must provide a written recommendation from a professional working directly with the child that states how child care would be beneficial to the child. The professional could be the child's doctor, occupational therapist, physical therapist, or special education teacher.

(4)   Enrichment child care is only approved for a child who has not started school or Head Start unless, due to the child's disabilities, the child receives instruction from a teacher in his or her home.

(5)   When subsidized enrichment child care benefits are approved, care must be provided outside of the child's home and at least one other child must attend during the same hours.

(6)   The worker obtains approval from staff in AFS Child Care Subsidy prior to authorizing care for this need factor.

[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 155, eff 12-1-00 (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 20 Ok Reg 530, eff 1-1-03 (emergency); Amended at 20 Ok Reg 872, eff 6-1-03; Amended at 20 Ok Reg 2800, eff 8-1-03 (emergency); Amended at 20 Ok Reg 2916, eff 8-1-03 (emergency); Amended at 21 Ok Reg 1377, eff 7-1-04; Amended at 21 Ok Reg 1364, eff 9-1-04; Amended at 22 Ok Reg 796, eff 5-12-05; Amended at 23 Ok Reg 1872, eff 7-1-06; Amended at 25 Ok Reg 920, eff 6-1-08; Amended at 26 Ok Reg 820, eff 6-1-09; Amended at 27 Ok Reg 1220, eff 6-1-10; Amended at 28 Ok Reg 831, eff 6-1-11; Amended at 29 Ok Reg 787, eff 7-1-12; Amended at 30 Ok Reg 346, eff 12-5-12 (emergency); 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]