§56-230.52. Minimum mandatory requirements for Temporary Assistance
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/ok/title-56-poor-persons/56-230-52·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
for Needy Families
(TANF)program - Information management - Implementation guidelines - List of recipients - Grant diversion program and emergency assistance services authorized.
A. Except for specific exceptions, conditions or restrictions authorized by the Statewide Temporary Assistance Responsibility System (STARS) and rules promulgated by the Commission for Human
Services pursuant thereto, the following are the minimum mandatory requirements for the Temporary Assistance for Needy Families
(TANF)program:
1. A recipient shall be eligible to receive assistance pursuant to the TANF program only for a lifetime total of five
(5)years, subject to the exemptions allowed by federal law. Child-only cases are not subject to the five-year limitation;
2. Single parents receiving temporary assistance pursuant to the TANF program shall participate in work activities for a minimum of twenty
(20)hours per week during the month. Two-parent families receiving temporary assistance pursuant to the TANF program shall participate in work activities for a minimum of thirty-five
(35)hours per week during the month;
3. A recipient must be engaged in one or more of the work activities set out in paragraph 4 of this subsection as soon as required by the Department of Human Services pursuant to the TANF program, but not later than twenty-four
(24)months after certification of the application for assistance, unless the person is exempt from work requirements under rules promulgated by the Department pursuant to the STARS;
4. The Department shall develop and describe categories of approved work activities for the TANF program recipients in accordance with this paragraph. Work activities that qualify in meeting the requirements include, but are not limited to:
a.
(1)unsubsidized employment which is full-time
employment or part-time employment that is not
directly supplemented by federal or state funds,
(2)subsidized private sector employment which is
employment in a private for-profit enterprise or
a private not-for-profit enterprise that is
directly supplemented by federal or state funds.
Prior to receiving any subsidy or incentive, the
employer shall enter into a written contract with
the Department, and
(3)subsidized public sector employment which is
employment by an agency of a federal, state, or
local governmental entity which is directly
supplemented by federal or state funds. Prior to
receiving any subsidy or incentive, the employer
shall enter into a written contract with the
Department.
Subsidized hourly employment or unsubsidized hourly
employment pursuant to this subparagraph shall only be
approved by the Department as work activity if such
employment is subject to:
the federal minimum wage requirements
pursuant to the Fair Labor Standards Act of
1938, as amended,
(b)the federal Social Security tax and Medicare
tax, and
(c)regulations promulgated pursuant to the
federal Occupational Safety and Health Act
of 1970 and rules promulgated by the State
Department of Labor pursuant thereto,
b. a program of work experience,
c. on-the-job training,
d. assisted job search which may include supervised or
unsupervised job-seeking activities,
e. job readiness assistance which may include, but is not
limited to:
(1)orientation in the work environment and basic
job-seeking and job retention skills,
(2)instruction in completing an application for
employment and writing a resume,
(3)instruction in conducting oneself during a job
interview, including appropriate dress, and
(4)substance abuse treatment and mental health
counseling,
f. job skills training which is directly related to
employment in a specific occupation for which there is
a written commitment by an employer to offer
employment to a recipient who successfully completes
the training. Job skills training includes, but is
not limited to, customized training designed to meet
the needs of a specific employer or a specific
industry,
g. community service programs which are job-training
activities provided in areas where sufficient public
or private sector employment is not available. Such
activities are linked to both education or training
and activities that substantially enhance a
recipient’s employability,
h. literacy and adult basic education programs,
i. vocational-educational programs, not to exceed twelve
(12)months for any individual, which are directed
toward vocational-educational training and education
directly related to employment,
j. education programs which are directly related to
specific employment opportunities, if a recipient has
not received a high school diploma or General
Equivalency Degree, and
k.
child care for other STARS recipients. The recipient
must meet training and licensing requirements for
child care providers as required by the Oklahoma Child
Care Facilities Licensing Act;
5. Single, custodial parents with a child up to one
(1)year of age may be exempt from work activities for a lifetime total exemption of twelve
(12)months;
6. In order to receive assistance, unmarried teen parents of a minor child at least twelve
(12)weeks of age must participate in educational activities or work activities approved by the state;
7. For single-parent families, except for teen parents, educational activities, other than vocational-technical training, do not count toward meeting the required twenty
(20)hours of work activity. For two-parent families, educational activities, except vocational-technical training, do not count toward meeting the required thirty-five
(35)hours of work activity;
8. A teen parent must live at home or in an approved, adult- supervised setting as specified in Section 230.55 of this title to receive TANF assistance;
9. An applicant or recipient with an unborn child and who does not have children living in the home qualifies for TANF to the same extent as a parent with minor children living in the home;
10. A recipient must comply with immunization requirements established pursuant to the TANF program;
11. The following recipient resources are exempt from resource determination criteria:
a. an automobile with an equity allowance of not more
than Five Thousand Dollars ($5,000.00) pursuant to
Section 230.53 of this title,
b. individual development accounts established pursuant
to the Family Savings Initiative Act, or individual
development accounts established prior to November 1,
1998, pursuant to the provisions of Section 230.54 of
this title in an amount not to exceed Two Thousand
Dollars ($2,000.00),
c. the equity value of funeral arrangements owned by a
recipient that does not exceed the limitation
specified by Section 165 of this title, and
d. earned income disregards not to exceed One Hundred
Twenty Dollars ($120.00) and one-half (1/2) of the
remainder of the earned income;
12. An applicant who applies and is otherwise eligible to receive TANF benefits but who has resided in this state less than twelve
(12)months shall be subject to Section 230.57 of this title;
13. The recipient shall enter into a personal responsibility agreement with the Department for receipt of assistance pursuant to Section 230.65 of this title;
14. The Department shall, beginning November 1, 2023, screen all adult TANF recipients as part of the required TANF employability plan to determine if they are engaged in the illegal use of a controlled substance or substances. If the Department has made a determination that the recipient is engaged in the illegal use of a controlled substance or substances, the recipient’s TANF employability plan will include substance abuse treatment and/or mental health counseling as a part of the assigned work activities as set out in paragraph 4 of this subsection. The Department of Human Services shall adopt rules to implement the requirements of this paragraph consistent with the following:
a. the Department shall create a controlled substance
screening process to be administered during the
assessment process that determines the TANF
employability plan. The process shall, at a minimum,
include a Substance Abuse Subtle Screening Inventory
(SASSI) or other similar screening methods. If
necessary to establish a reasonable expectation of
certainty, the Department is authorized to use further
screening methods, which may include, but are not
limited to, a clinical interview and consideration of
the Department’s history with the applicant. If the
Department has reasonable cause to believe that the
recipient is engaged in the illegal use of a
controlled substance or substances, the Department is
authorized, though not required, to request
administration of a chemical drug test. The cost of
all such initial screenings shall not be borne by the
recipient,
b. if at any time during the controlled substance
screening process, the recipient refuses to
participate without good cause, that refusal shall
lead to a closure of TANF benefits;
15. a. As a condition of participating in the STARS, all
recipients are deemed to have given authorization for
the release of any and all information necessary to
allow all state and federal agencies to meet the
program needs of the recipient.
b. The recipient shall be provided a release form to sign
in order to obtain the required information. Failure
to sign the release form may result in case closure;
and
16. The recipient shall comply with all other conditions and requirements of the STARS, and rules of the Commission promulgated pursuant thereto.
B. 1. Agencies of this state involved in providing services to recipients pursuant to the STARS shall exchange information as
necessary for each agency to accomplish objectives and fulfill obligations created or imposed by the STARS and rules promulgated pursuant thereto.
2. Information received pursuant to the STARS shall be maintained by the applicable agency and, except as otherwise provided by this subsection, shall be disclosed only in accordance with any confidentiality provisions applicable to the agency originating the information.
3. The various agencies of the state shall execute operating agreements to facilitate information exchanges pursuant to the STARS.
C. In implementing the TANF program, the Department shall:
1. Provide assistance to aliens pursuant to Section 230.73 of this title;
2. Provide for the closure of the TANF case when the adult recipient refuses to cooperate with agreed upon work activities or other case requirements pursuant to the TANF program;
3. Provide for the sanctioning of parents who do not require their minor children to attend school; and
4. Deny temporary assistance to fugitive felons.
D. In order to ensure that the needy citizens of this state are receiving necessary benefits, the Department shall maintain a listing of all recipients receiving public assistance. The listing shall reflect each recipient’s income, social security number, and the programs in which the recipient is participating including, but not limited to, TANF, food stamps, child care, and medical assistance.
E. The Department is hereby authorized to establish a grant diversion program and emergency assistance services. Added by Laws 1997, c. 414, § 3, eff. Sept. 1, 1997. Amended by Laws 1998, c. 429, § 12, eff. Nov. 1, 1998; Laws 1999, c. 1, § 16, emerg. eff. Feb. 24, 1999; Laws 2001, c. 415, § 18, emerg. eff. June 5, 2001; Laws 2012, c. 263, § 1, eff. Nov. 1, 2012; Laws 2023, c. 162, § 1, eff. Nov. 1, 2023; Laws 2024, c. 452, § 116, emerg. eff. June 14, 2024. NOTE: Laws 1998, c. 133, § 1 repealed by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999.