SECTION 340:61-1-3. Program eligibility and responsibilities  


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  • (a)   Applicant eligibility. The Office of Refugee Resettlement (ORR) or contracted agency staff determines the repatriated individual's eligibility for the Repatriation Program (RP). Assessment of the repatriate's available resources, including identification of services or assistance the repatriate is receiving or is able to receive is necessary to determine eligibility for the RP.
    (1)   Temporary assistance is not an entitlement.
    (2)   The RP is voluntary and the repatriate may refuse to accept services.
    (3)   The repatriate may be eligible for temporary assistance in the form of a loan for up to 90 calendar days from the date the repatriate re-enters the United States (U.S.) if the repatriate signs a repayment agreement.
    (4)   Minors and adults found not competent to make decisions are not obligated to sign a repayment agreement.
    (5)   To determine whether the repatriate is eligible for repatriation assistance, it must be established that necessary services or assistance are unavailable to the repatriate via any alternative resources.
    (6)   Certain temporary assistance may be furnished after the 90 calendar day period ends if the:
    (A)   repatriate submits an extension request with supporting documentation included prior to the end of the 90 calendar day eligibility period; and
    (B)   ORR finds that the circumstances involved necessitate or justify the furnishing of such assistance beyond the 90 day limit.
    (7)   The repatriate must notify the refugee coordinator of address changes during the period of time the repatriation case is open. He or she is expected to continue to notify ORR of address changes after case closure until the repatriation loan is paid in full.
    (8)   The repatriate's case may be closed before the 90 calendar day period expires when the:
    (A)   repatriate's case contains an unaccompanied child and the child enters foster care upon arrival in the U.S. or is released to a parent or relative not requesting services;
    (B)   repatriate becomes self-sufficient and has access to necessary benefits, housing, and other services and no longer needs the temporary assistance;
    (C)   ORR discovers the repatriate has access to other sources of income;
    (D)   repatriate dies upon arrival in the U.S.; or
    (E)   repatriate who was destitute or without available resources in the foreign country, is able to regain access to financial resources such as Social Security or Supplemental Security Income benefits or is staying in a hospital or nursing facility.
    (b)   Referral information packet. ORR mails a referral information packet to the Oklahoma Department of Human Services (OKDHS), Adult and Family Services (AFS) Temporary Assistance for Needy Families (TANF) Section for processing. The referral information packet contains documents for the repatriate and OKDHS. Items in the packet include:
    (1)   a welcome letter for the repatriate explaining that:
    (A)   any funds issued are in the form of a loan that must be repaid by the repatriate;
    (B)   upon request, the OKDHS staff person will explain the documents included in the welcome packet;
    (C)   OKDHS staff refers the repatriate for services available within the community or gives the repatriate information about available services; and
    (D)   if needed and requested, the refugee coordinator coordinates other service requests for the repatriate;
    (2)   the repatriate's rights and obligations;
    (3)   documents requiring the repatriate's signature prior to funds being issued;
    (4)   assessment information regarding the repatriate and his or her service needs; and
    (5)   procedural information for OKDHS staff.
    (c)   OKDHS responsibilities regarding the RP. Upon receipt of the referral information packet, the refugee coordinator in the OKDHS AFS TANF Section is responsible for:
    (1)   confirming the repatriate's arrival date and time and arranging for an OKDHS staff person to meet the repatriate at the airport;
    (2)   being the contact person for the repatriate and ORR or its contracted agency staff;
    (3)   coordinating services for the repatriate during the 90 calendar day temporary assistance period;
    (4)   coordinating completion of forms and documents necessary to issue funds and receive reimbursement from the ORR or its contracted agency;
    (5)   monitoring the repatriate's case at different intervals to ensure he or she continues to meet eligibility requirements and determine if further assistance is needed;
    (6)   providing periodic updates regarding the repatriate to ORR or its contracted agency staff;
    (7)   submitting extension requests as quickly as possible;
    (8)   maintaining all records concerning the repatriate for at least three years from the date the final expenditure report is submitted; and
    (9)   upon case closure, completing a survey and submitting a closing summary to ORR that includes information about the funds expended and services provided to the repatriate and the repatriate's current address.
[Source: Added at 30 Ok Reg 1356, eff 7-1-13]