SECTION 340:50-5-3. Persons who cannot be separate food benefit households

  Separate food benefit household status may not be granted to persons living together, as described in (1) through (4), even if they customarily purchase food and prepare meals for home consumption separate and apart from the others, except as otherwise specified in this Section. Separate status may not be granted to:

(1)   a spouse, ceremonial or common law, of a household member;

(2)   children, 21 years of age and younger, living with their natural or adoptive parent(s) or stepparent(s);

(3)   children, 17 years of age and younger who live with and are under the parental control of an adult who is someone other than their natural or adoptive parent(s) or stepparent(s).

(A)   Per Chapter 4 of Title 10 of the Oklahoma Statutes, a minor may be considered emancipated if the district court confers upon the minor the rights of majority.

(B)   The worker considers the child to be under parental control for purposes of this provision when he or she is financially or otherwise dependent on a member of the household.

(C)   This provision does not apply to foster children or children placed in the home by the Developmental Disabilities Services Division (DDSD); or

(4)   persons who live together and customarily purchase and prepare meals together except per OAC 340:50-5-1(5).

[Source: Amended at 9 Ok Reg 3843, eff 8-24-92 (emergency); Amended at 10 Ok Reg 1821, eff 5-13-93; Amended at 11 Ok Reg 345, eff 10-15-93 (emergency); Amended at 11 Ok Reg 2667, eff 6-13-94; Amended at 11 Ok Reg 4587, eff 9-1-94 (emergency); Amended at 12 Ok Reg 1723, eff 6-12-95; Amended at 14 Ok Reg 220, eff 10-1-96 (preemptive); Amended at 26 Ok Reg 840, eff 6-1-09; Amended at 28 Ok Reg 850, eff 6-1-11; Amended at 29 Ok Reg 794, eff 7-1-12]