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Summary of Commission Actions

Oklahoma Commission for Human Services
Jan. 22, 2008
Reginald D. Barnes Boardroom, Sequoyah Memorial Office Building
State Capitol Complex

Present were Chairman Richard DeVaughn, Ronald Mercer, Michael Peck, Jay Dee Chase, Garoldine Webb, Aneta Wilkinson and George Young.

The Chairman called the meeting to order.

Oklahoma Department of Human Services Director Howard H. Hendrick began his comments to the Commission by listing some recent site visits that included the Governor’s Mental Health Transformation Advisory group, OK Marriage Initiative Research Advisory Group, OU College of Public Health Advisory group, Sequoyah Holiday celebration, Workforce Developments Board meeting, Foster Parent Association meeting, Family Expectations Christmas event, Area III County Directors Leadership meeting, Deborah Rothe Group Home Christmas Open House, Meeting with OSF and Legislative staff regarding the Governor’s Budget Proposal and Health Insurance costs, various Legislative Leadership meetings to discuss the FY 2009 budget, Practice and Policy Lecture Series with Dr. Kathy Edens of Harvard, Oklahoma Commission for Children and Youth, Tulsa World Editorial Board, Laura Dester shelter site visit, Creek County Office visit after ice storm, Leadership Oklahoma Luncheon for Governor’s Cabinet, Tulsa 72B office visit after ice storm, OKC 55C office visit after ice storm, Multi-Agency Director’s Meeting regarding health care, IT-Governance Board meeting, Joint Human Services and Health agencies cabinet meeting, Transformational Justice Task Force, Oklahoma Editorial Board meeting, 15th Anniversary Celebration of Moore-Norman Career Tech-TANF partnership-HIRE program, Oklahoma City Mayor and City Manager regarding collaboration on homelessness, OPEA quarterly meeting, Miami Oklahoma Rotary Club, Ottawa County School Superintendent’s meeting, Monthly CW Case Reviews, Data Services Division’s Quarterly meeting, DDSD Waiting List meeting for parents, Governor’s Cabinet Meeting, Oklahoma Partnership for School Readiness Executive Committee Meeting, Practice & Policy Lecture Series with Dr. Mike Crutcher on the Governor[‘s Strong and Healthy Oklahoma Initiative.

The Director continued by sharing some good news:

The response to the Ice Storms was excellent. Coordinated efforts between OKDHS Emergency Response efforts and various county needs. Many staff were without power for days, but were at work issuing replacement food stamps. Offices experienced “reduced services.” Laura Dester Shelter was without power for about 18 hours until a large power generator was moved in from Houston for about a week. Data Services Division was on backup power for several days. Sequoyah Office Building lost power for several days for the first time ever. Tulsa 72B was without power for several days. Many offices were without power periodically. Many persons pre-identified as “vulnerable” were checked on during the course of the power outages in various counties. Special appreciation to Mark Gower, OKDHS Disaster Recovery Manager and his team of people for a great job of problem solving and communicating.
Final report on the Office of Volunteerism’s successful coordinated Thanksgiving Food Basket Distribution. Major contributors included LifeChurch.tv, Blue Cross & Blue Shield, COINS, Grahams, City Rescue Mission and boxes donated by an anonymous source. Families from Oklahoma County 55 A, B and C offices benefited.
Christmas for Foster Families throughout Oklahoma made possible by LifeChurch.tv. They provided more than 5,000 foster children with Christmas gifts in counties throughout the state totaling more than 15,000 gifts. This was the largest single coordinated volunteer project in OKDHS history. This project was successfully coordinated in multiple counties through our Office of Volunteerism and our Support Services Warehouse staff. Estimated dollar value of effort was between $250,000 and $500,000.
Linda Smith, Division Administrator for OKDHS Children and Family Services is retiring. Good new for Linda Smith, sad news for OKDHS.

Director Hendrick next discussed the National Association of Child Care Resource & Referral Agencies report and ranking of State Standards and Oversight of Small Family Child Care Homes. The report ranks Oklahoma number one in its assessment of the state’s regulation of Child Care Homes. Oklahoma was previously ranked third in the nation among the 50 states, the Department of Defense and the District of Columbia. This report can be viewed at: http://www.naccrra.org/policy/recent_reports/fcc_report.php

The Director next delivered an analysis of productivity and program effectiveness before giving a brief update on the Food Stamp program.

Director Hendrick concluded his comments by outlining some activities in progress. These include finalizing a selection for a new Division Administrator for the Division of Children and Family Services, responding to the various legislative committees during the state legislative session and responding to a recent proposed Federal Rule pertaining to Targeted Case Management in the Medicaid program and the potential loss of funding due to the expansive CMS interpretation proposed by the rule.

OKDHS Chief Financial Officer Phil Motley presented the financial reports for the months of November and December 2007. Total operational receipts and receivables through December were 3.8 percent less than the year-to-date projection. Operational expenditures and payables are also under performing compared to budget by 5.5 percent through the same month. This relationship produces a year-to-date under performance of about $8.6 million in state dollars for current year activity. Prior year unobligated cash increased last month due to the release of prior year encumbrances which were no longer required. This release of obligations increased prior year cash by approximately $1.4 million to a total of $5.8 million at the end of last month. The current year under performance and the prior year unobligated cash produce a financial position of $14.4 million at December month end.

All divisions are within their respective budgets with the exception of the Aging Services Division. Aging Services is 5.0 percent over budget through last month and continues to be so due to the ADvantage Program. Two major programs are over budget as of last month and are the same two as in recent months. Group Homes and Shelters in the Children and Family Services Division are over budget by 4.3 percent. The ADvantage program in Aging Services is reported at 14.5 percent more than the year-to-date budget.

There were 88 new Adoptive Placements in November and an additional 113 in December. The number of Children in Foster Care decreased by 78 in November and declined by another 122 in December. Food Benefit cases dropped by 539 in November and again dropped by 1,332 in December. A decline in Food Benefit case in these two months is not uncommon in recent years. TANF Child Only Cases also dropped in two consecutive months by 27 then 33 cases. TANF Cases with Adults dropped by 33 and 72 cases respectively in the months of November and December.

The Commission approved 21 new rules:

Part I. Permanent rule proposals which have not been previously approved by the Commission under emergency provisions of the Administrative Procedures Act. Any comments received during the comment period are summarized following the agenda item, along with the response from OKDHS.

A. CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 1. Human Resources Management Division (HRMD)
Part 3. Internal Human Resources
OAC 340:2-1-33 [REVOKED]
(Reference APA WF 07-31)

SUMMARY: The proposed revision to Subchapter 1 of Chapter 2 revokes a rule that is internal Oklahoma Department of Human Services (OKDHS) procedure. Internal regulations compliant with Merit Rule OAC 530:10-7-12 and the Fair Labor Standards Act will replace this rule.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rule revocation supports the goal to continuously improve systems and processes.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rule, which is estimated to be less than $20. The revocation of the rule will result in enhanced rules as material that is internal OKDHS procedure will be removed from rules.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Sections 250 et seq. of Title 75 of the Oklahoma Statutes.

B. CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 11. Finance
Part 13. Electronic Benefit Disbursement
OAC 340:2-11-151 [NEW]
(Reference APA WF 07-33)

SUMMARY: The proposed revisions to Subchapter 11 of Chapter 2 create a new rule to provide an option for retailers to request an adjustment to a food benefit recipient's Electronic Benefit Transfer (EBT) account due to a system outage at the time of purchase.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rule supports the Oklahoma Department of Human Services (OKDHS) goal of being fiscally responsible in the administration of public resources.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rule, which is estimated to be less than $20.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Parts 272, 273, and 274 of Title 7 of the Code of Federal Regulations.

C. CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 13. Contracts and Purchasing Unit
Part 3. Leasing and Space Standards [REVOKED]
OAC 340:2-13-15 through 340:2-13-22 [REVOKED]
(Reference APA WF 07-32)

SUMMARY: The proposed revisions to Subchapter 13 of Chapter 2 revoke obsolete property management rules that largely consist of internal Oklahoma Department of Human Services (OKDHS) procedures.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed revocation of obsolete rules supports the goal to continuously improve systems and processes.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20. The revocation of rules will result in enhanced rules as obsolete rules will be revoked.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Sections 250 et seq. of Title 75 of the Oklahoma Statutes.

D. CHAPTER 5. ADULT PROTECTIVE SERVICES
Subchapter 1. General Provisions
OAC 340:5-1-4 through 340:5-1-5 [AMENDED]
Subchapter 3. Reports of Maltreatment of Vulnerable Adults
OAC 340:5-3-3 [AMENDED]
Subchapter 5. Investigation of Adult Protective Services Referrals
OAC 340:5-5-2 through 340:5-5-4 [AMENDED]
(Reference APA WF 07-30)

SUMMARY: The proposed revisions to Subchapters 1, 3, and 5 of Chapter 5 amend the rules to ensure compliance with Sections 10-101 through 10-110 of Title 43A of the Oklahoma Statutes. The revisions: (1) clarify the time frames for initiating investigations and completion of investigation reports; and (2) include rules for redirecting or stopping the flow of assets into an alleged perpetrator's account as a type of protective service.

340:5-1-4 is revised to add additional ethical considerations for actions of Adult Protective Services (APS) specialists when referring clients for professional services.
340:5-1-5 is revised for language clarification.
340:5-3-3 is revised to ensure that APS reports are taken by each local human services center (HSC) with county directors responsible for compliance.
340:5-5-2 is revised to state that time frames for initiating investigations begin with the receipt of the report by any Oklahoma Department of Human Services (OKDHS) staff.
340:5-5-3 is revised to: (1) change the time frames for completion of investigation reports; (2) add clarifying language; and (3) remove internal procedures from rules.
340:5-5-4 is revised to add: (1) redirecting or stopping the flow of assets into an alleged perpetrator's account as a type of protective service that may be provided in exploitation investigations; and (2) clarifying language.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules achieve OKDHS goals of protecting vulnerable adults from abuse, neglect, and exploitation.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20. The revised rules will result in enhanced delivery of services for vulnerable adults.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Sections 10-101 through 10-110 of Title 43A of the Oklahoma Statutes.

E. CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program
OAC 340:10-2-4 [AMENDED]
OAC 340:10-2-6.1 [NEW]
Subchapter 3. Conditions of Eligibility – Need
Part 3. Income
OAC 340:10-3-28 [AMENDED]
Part 5. Assistance Payments
OAC 340:10-3-57 [AMENDED]
OAC 340:10-3-59 [AMENDED]
Part 7. Transitional Benefits
OAC 340:10-3-75 [AMENDED]
Subchapter 10. Conditions of Eligibility – Deprivation
OAC 340:10-10-7 [AMENDED]
Subchapter 20. Diversion Assistance
OAC 340:10-20-1 [AMENDED]
(Reference APA WF 07-29)

SUMMARY: The proposed revisions to Subchapters 2, 3, 10, and 20 of Chapter 10 amend rules to: (1) reflect current interpretation of TANF Work activities and reporting responsibilities under the Deficit Reduction Act of 2005; (2) clarify the expenses for which Diversion Assistance may not be used; (3) add language regarding how to consider income of a fugitive felon; (4) remove reference to specific age for minors to be payee of a case as being of a certain age is not required; (5) add requirement for compliance with SoonerCare (Medicaid) citizenship rules for continued medical services; and (6) update language regarding distribution of federal and/or state tax intercepts in regards to distribution of child support payment to client.

340:10-2-4 is revised to: (1) remove outdated requirement for passing entrance exam for placing employee in permanent status in State Work Incentive Program; (2) replace outdated language with current terminology; and (3) show current form numbers and names.
340:10-2-6.1 is a newly created Section regarding educational services. Information included here was moved from 340:10-2-6.
340:10-3-28 is revised to: (1) update outdated language with current terminology; (2) show current form numbers; and (3) add clarifying information.
340:10-3-57 is revised to: (1) reflect how income of a fugitive felon is considered; and (2) replace outdated language with current terminology.
340:10-3-59 is revised to: (1) remove age reference regarding payments to minors; and (2) replace outdated language with current terminology.
340:10-3-75 is revised to: (1) reflect the requirement for compliance with SoonerCare citizenship and identity verification rules for continued medical; (2) add clarifying information; (3) replace outdated language with current terminology; and (4) show current form numbers.
340:10-10-7 is revised to: (1) update language regarding distribution of federal and/or state tax intercepts and distribution of payment to the client; and (2) replace outdated language with current terminology.
340:10-20-1 is revised to: (1) add language to prevent Diversion Assistance funds to be used as reimbursement for goods or services already paid by client or others; (2) add language making relatives of a client not eligible for payment of Diversion Assistance; (3) add a policy cite for current citizenship and alienage requirements; (4) show current form names and numbers; and (5) replace outdated language with current terminology.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules support Oklahoma Department of Human Services (OKDHS) mission to administer public resources in a fiscally responsible and ethical manner.

COST: The cost of printing and distributing the rules is anticipated to be less than $20, which is included in the OKDHS budget. The revised rules will result in enhanced delivery of services for applicants and recipients.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Sections 230.50, 230.52, 230.62, 230.64, and 230.65 of Title 56 of the Oklahoma Statutes; the Deficit Reduction Act of 2005; and Parts 261.2, 261.60, 261.61 and 262.2 of Title 45 of the Code of Federal Regulations (CFR).

F. CHAPTER 40. CHILD CARE SERVICES
Subchapter 3. Initial Application
OAC 340:40-3-1 [AMENDED]
Subchapter 5. Plan of Service
OAC 340:40-5-1 [AMENDED ]
Subchapter 7. Eligibility
OAC 340:40-7-1 [AMENDED]
OAC 340:40-7-5 [AMENDED]
OAC 340:40-7-8 through 340:40-7-10 [AMENDED]
OAC 340:40-7-13 [AMENDED]
Subchapter 9. Procedures Relating to Case Changes
OAC 340:40-9-1 through 340:40-9-2 [AMENDED]
Subchapter 10. Electronic Benefit Transfer (EBT) System for Child Care
OAC 340:40-10-4 [AMENDED]
Subchapter 13. Child Care Rates and Provider Issues
OAC 340:40-13-3 [AMENDED]
OAC 340:40-13-5 [AMENDED]
Subchapter 15. Overpayments
OAC 340:40-15-1 [AMENDED]
Subchapter 16. Improper Authorization Initiative
OAC 340:40-16-1 [NEW]
(Reference APA WF 07-28)

SUMMARY: Proposed revisions to Subchapters 3, 5, 7, 9, 10, 13, 15, and 16 of Chapter 40 amend rules to: (1) remove language allowing a tribal member to receive child care benefits and receive help from his or her tribe in paying the family share co-payment because of recent federal interpretation to stop this practice; (2) add a citizenship requirement for children 14 years of age or older; (3) add language to show that child care benefits can be denied when the client is not cooperating in pursuing child support; (4) remove language regarding an exemption from pursuit of child support for children removed from the home by court order; (5) add language to show income from a new source is not considered available until it has actually been received; (6) add the requirement that child care providers must provide a copy of the Oklahoma State Bureau of Investigation (OSBI) background report for the director and/or business manager of a child care center or the spouse of a child care home owner; (7) remove the requirement that in-home providers must view the training before receiving a child care contract since training is primarily addressing claims that are filed electronically and in-home providers file manually; (8) add a new requirement to the contracting process that when the facility is owned by an out-of-state child care owner, both the owner and the child care director must view the training; (9) add the requirement that a child care provider must pass a proficiency test after viewing the training; (10) remove language that a child care owner who has previously viewed the training does not need to view it again when applying for a contract at a new location; (11) remove language specifying the exact months a child care contract is effective; (12) show current responsibilities for who writes and establishes overpayments; (13) revise the name of the Family Support Services Division (FSSD) Section that receives overpayments; and (14) add language regarding the review of a sample of applications and case actions relating to the Child Care Program by the Administrative Review Unit (ARU).

340:40-3-1 is amended to: (1) revoke an obsolete form that can no longer be used as it does not comply with citizenship requirements; and (2) show current form numbers and names.
340:40-5-1 is amended to: (1) show current form names; and (2) correct a policy cite.
340:40-7-1 is amended to: (1) remove language allowing a tribal member to receive child care benefits and receive help from his or her tribe in paying the family share co-payment; and (2) change a form name.
340:40-7-5 is amended to add an additional citizenship requirement for children 14 years of age or older.
340:40-7-8 is amended to show current form numbers.
340:40-7-9 is amended to: (1) add language to show that child care benefits can be denied when the client is not cooperating in pursuing child support; (2) show current form numbers and names; (3) remove language regarding an exemption from pursuit of child support for children removed from the home by court order as this is no longer the correct procedure; and (4) add clarifying language.
340:40-7-10 is amended to add clarifying language to show income from a new source is not considered available until it has actually been received.
340-40-7-13, 340:40-9-2, 340:40-13-3 are amended to: (1) show current form numbers and names; and (2) replace outdated language with current terminology.
340:40-9-1 is amended to: (1) show current form numbers and names; (2) revoke an obsolete form that can no longer be used as it does not comply with citizenship requirements; and (3) remove language regarding semi-annual benefit reporters as child care clients are now annual reporters.
340:40-10-4 is amended to: (1) show current form names; and (2) remove the formula for calculating absent day payments.
340:40-13-5 is amended to: (1) replace outdated language with current terminology; (2) add clarifying language; (3) add the requirement that child care providers must provide a copy of the Oklahoma State Bureau of Investigation (OSBI) background report for the director and/or business manager of a child care center or the spouse of a child care home owner; (4) remove the requirement that in-home providers must view the training before receiving a contract; (5) add a new requirement to the contracting process that when the facility is owned by an out-of-state child care owner, both the owner and the child care director must view the training; (6) add the requirement that a child care provider must pass a proficiency test after viewing the training; (7) remove language that a child care owner who has previously viewed the training does not need to view it again when applying for a contract at a new location; and (8) remove language specifying the exact months a contract is effective.
340:40-15-1 is amended to provide clarifying and updated information regarding overpayment procedures that: (1) reflect current form numbers and names; (2) replace outdated language with current terminology; (3) show current responsibilities for who writes and establishes overpayments; and (4) revise the name of the Family Support Services Division (FSSD) Section that receives overpayments.
340:40-16-1 is amended to add language regarding the Improper Authorization Initiative process.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules support the Oklahoma Department of Human Services (OKDHS) goal of continuously improving systems and processes.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law (P.L.) 104-193; the Balanced Budget Act of 1997, P.L. 105-33; and Parts 98 and 99 of Title 45 Code of the Federal Regulations (CFR).

G. CHAPTER 50. FOOD STAMP PROGRAM
Subchapter 3. Application Process
OAC 340:50-3-1 [AMENDED]
OAC 340:50-3-3 [AMENDED]
Subchapter 5. Non-Financial Eligibility Criteria
Part 3. Special Households
OAC 340:50-5-26 through 340:50-5-27 [AMENDED]
Part 9. Work Registration
OAC 340:50-5-85 [AMENDED]
OAC 340:50-5-87 through 340:50-5-88 [AMENDED]
Subchapter 7. Financial Eligibility Criteria
Part 1. Resources
OAC 340:50-7-4 [AMENDED]
Part 3. Income
OAC 340:50-7-30 [AMENDED]
Subchapter 9. Eligibility and Benefit Determination Procedures
OAC 340:50-9-1 [AMENDED]
OAC 340:50-9-6 [AMENDED]
Subchapter 10. Electronic Benefit Transfer (EBT)
OAC 340:50-10-7 [REVOKED]
Subchapter 11. Special Procedures
Part 1. Households Entitled to Expedited Services
OAC 340:50-11-5 [AMENDED]
Part 3. Simplified Food Stamp Program (SFSP) for Temporary Assistance for Needy Families (TANF) and Companion State Supplemental Payment (SSP) Recipients
OAC 340:50-11-27 [AMENDED]
Part 5. Restoration of Lost Benefits
OAC 340:50-11-46 [AMENDED]
Part 12. Categorically Eligible Households [NEW]
OAC 340:50-11-111 through 340:50-11-115 [NEW]
Subchapter 13. Fair Hearings
OAC 340:50-13-1 through 340:50-13-2 [AMENDED]
(Reference APA WF 07-27)

SUMMARY: Proposed revisions to Subchapters 3, 5, 7, 9, 10, 11, and 13 of Chapter 50 amend rules to: (1) update language to reflect current terminology and form numbers; (2) correct rule citation; (3) clarify when to use the net income or 50% of the gross for self-employed persons claiming business expenses; and (4) add a new Part to define and explain categorically eligible households.

340:50-3-1 is amended to update language to current terminology.
340:50-3-3, 340:50-5-26, 340:50-5-27, 340:50-5-87, 340:50-5-88, 340:50-9-1, and 340:50-13-2 are amended to update language and form numbers to current terminology.
340:50-5-85 is amended to update form names and numbers and to clarify policy.
340:50-7-4 is amended to update language to current terminology.
340:50-7-30 is amended to clarify when to use the net income or 50% of the gross for self-employed persons claiming business expenses.
340:50-9-6 is amended to update form numbers, to add clarifying language, and use current terminology.
340:50-10-7 is revoked as it is no longer applicable.
340:50-11-5 and 340:50-11-27 are amended to update language and form names and numbers to current terminology.
340:50-11-46 is amended to include clarifying language and update language to current terminology.
340:50-11-111 is added to define which households are considered categorically eligible for food stamps.
340:50-11-112 is added to explain when and how to classify households as categorically eligible.
340:50-11-113 is added to define the financial eligibility factors for categorically eligible households.
340:50-11-114 is added to explain the non-financial eligibility factors for categorically eligible households.
340:50-11-115 is added to explain the review process for categorically eligible households.
340:50-13-1 is amended to reference correct policy cite.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules achieve Oklahoma Department of Human Services (OKDHS) goals by continuously improving systems and processes to achieve efficiency.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20. The proposed rules will result in enhanced delivery of services to households receiving food benefits.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Section 273 of Title 7 of the Code of Federal Regulations (CFR).

H. CHAPTER 65. PUBLIC ASSISTANCE PROCEDURES
Subchapter 3. Eligibility for Benefits
OAC 340:65-3-6 [AMENDED]
OAC 340:65-3-6.1 [AMENDED]
Subchapter 5. Procedures Relating to Case Changes
Part 3. Procedures for Handling Warrants in Special Circumstances
OAC 340:65-5-15 through 340:65-5-20 [AMENDED]
OAC 340:65-5-21 [REVOKED]
Part 7. Guardianships ~~and~~, Conservatorships, and Substitute Payees
OAC 340:65-5-66 [NEW]
Part 9. Protective Payments in TANF [REVOKED]
OAC 340:65-5-80 through 340:65-5-81 [REVOKED]
OAC 340:65-5-85 [REVOKED]
OAC 340:65-5-87 [REVOKED]
Subchapter 9. Overpayments and Fraud in Temporary Assistance for Needy Families and State Supplemental Payment Benefits
OAC 340:65-9-1 through 340:65-9-2 [AMENDED]
OAC 340:65-9-3 [REVOKED]
OAC 340:65-9-4 through 340:65-9-8 [AMENDED]
(Reference APA WF 07-26)

SUMMARY: The proposed revisions to Subchapter 3, 5, and 9 of Chapter 65 amend the rules to: (1) provide current information regarding direct deposit procedures and new debit card procedures for the Temporary Assistance for Needy Families (TANF) and State Supplemental Payment (SSP) Programs; (2) remove TANF from the electronic benefits transfer (EBT) rules as these benefits are now issued by debit card or direct deposit only; (3) remove TANF and SSP payments from warrant procedures since they are now issued by direct deposit or debit card; (4) detail procedures used by the Finance Division and the Office of State Finance for handling warrants; (5) add a new Section about substitute payees for TANF; (6) revoke rules regarding protective payments in TANF; (7) show current responsibilities for who writes and establishes overpayments; (8) revise the name of the Family Support Services Division (FSSD) Section that receives overpayments; and (9) update the percentage of the client's monthly benefit reduction when an overpayment is due to agency error is increased from 5% to 10% to increase revenue.

340:65-3-6 is amended to provide current information regarding direct deposit procedures and new debit card procedures for the TANF and SSP Programs.
340:65-3-6.1 is amended to remove TANF from the electronic benefits transfer (EBT) rules.
340:65-5-15 is amended to: (1) show current procedures used by the Finance Division and the Office of State Finance in handling non-receipt of benefits issued by warrant; (2) show current form numbers and names; (3) add clarifying information; and (4) replace outdated language with current terminology.
340:65-5-16 is amended to replace outdated language with current terminology.
340:65-5-17 is amended to add clarifying information and to replace outdated language with current terminology.
340:65-5-18 is amended to: (1) show current procedures used by the Finance Division and the Office of State Finance for handling undeliverable warrants; (2) show current form numbers and names; and (3) replace outdated language with current terminology.
340:65-5-19 is amended to: (1) change the restriction on the reissuance of a warrant to 36 months following the month of its cancellation rather than three years to match language in the state statute; (2) show current procedures used by the Finance Division and the Office of State Finance for handling warrants canceled by statute of limitation; (3) show current form numbers and names; and (4) replace outdated language with current terminology.
340:65-5-20 is amended to: (1) remove reference to TANF payments from warrant procedures; (2) add clarifying language; and (3) show current form numbers.
340:65-5-21 is revoked as TANF benefits are no longer issued by warrant.
340:65-5-66 is a newly created Section regarding substitute payees to state when the head of the TANF household is a minor, the TANF benefit may be issued to a substitute payee rather than the minor.
340:65-5-80, 340:65-5-81, and 340:65-5-87 are revoked as protective payments are no longer made for TANF recipients.
340:65-5-85 is revoked as protective payees are no longer used for TANF recipients.
340:65-9-1 is amended to: (1) show current responsibilities for who writes and establishes overpayments; (2) revise the name of the Family Support Services Division (FSSD) Section that receives overpayments; (3) remove information about overpayments classified in a court of law as fraud; (4) show current form names and numbers; and (5) add clarifying information.
340:65-9-2 is amended to: (1) add clarifying information and updated terminology; and (2) show current form names and numbers.
340:65-9-3 is revoked and current information is incorporated in 340:65-9-1.
340:65-9-4 is amended to: (1) revise the name of the FSSD Section that receives overpayments; (2) replace outdated language with current terminology; and (3) show current form numbers.
340:65-9-5 is amended to show current form names and numbers.
340:65-9-6 is amended to: (1) update the percentage of the client's monthly benefit reduction when an overpayment is due to agency error from 5% to 10%; (2) revise the name of the FSSD Section that receives overpayments; (3) add clarifying language and current terminology; and (4) update form numbers.
340:65-9-7 is amended to: (1) revise the name of the FSSD Section that receives overpayments; and (2) show current procedures when collection of debt efforts are suspended.
340:65-9-8 is amended to: (1) add clarifying information; and (2) show current form numbers.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules achieve Oklahoma Department of Human Services (OKDHS) goals by continuously improving systems and processes.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Sections 161 et seq., 185, 190 and 191 of Title 56 of the Oklahoma Statutes; Section 41.19 of Title 62 of the Oklahoma Statutes; and Section 34 of Title 74 of the Oklahoma Statutes.

I. CHAPTER 75. CHILD WELFARE
Subchapter 6. Permanency Planning
Part 11. Permanency Planning and Placement Services
OAC 340:75-6-48 [AMENDED]
Subchapter 13. Other Child Welfare Services and Medical Services for Children in Out-of-Home Care
Part 1. Eligibility for Substitute Care Services and Claims for Payment
OAC 340:75-13-9 [AMENDED]
Part 2. Title IV-E Eligibility and Reimbursability
OAC 340:75-13-13 [AMENDED]
OAC 340:75-13-15 [AMENDED]
Subchapter 15. Adoptions
Part 2. Legal Base and Scope of the Adoption Program
OAC 340:75-15-5 [AMENDED]
Part 6. Adoption Process
OAC 340:75-15-41 [AMENDED]
Part 8. Adoptive Placement Process
OAC 340:75-15-61 [AMENDED]
Part 14. Post Adoption Services
OAC 340:75-15-128.2 [AMENDED]
(Reference APA WF 07-34)

SUMMARY: The proposed revisions to Subchapters 6, 13, and 15 of Chapter 75 amend the rules to bring the foster and adoptive home approval process into compliance with Senate Bill 553 (SB 553) and Senate Bill 469 (SB 469) as well as update agency procedures to comply with federal guidelines.

340:75-6-48 is amended to ensure a face-to-face contact with the child in an Interstate Compact on the Placement of Children (ICPC) placement no less frequently than every six months with a report submitted regarding the content of the contact.
340:75-13-9 is amended to update the procedure for obtaining Oklahoma birth certificates for children in Oklahoma Department of Human Services (OKDHS) custody.
340:75-13-13 is amended to: (1) update language to include the term constructive removal; (2) clarify that to qualify for IV-E, a child must be a citizen of the United States or have an alien status that qualifies for IV-E; and (3) clarifies that Title IV-E, Section 472 of the Social Security Act allows a resource value of $10,000 for Title IV-E eligibility.
340:75-13-15 is amended to clarify that within 15 working days of receipt of the initial court order, the custody specialist makes an initial eligibility determination for Title IV-E and reports the IV-E eligibility determination to the referring Child Welfare worker.
340:75-15-5 is amended to correct spelling and grammatical errors.
340:75-15-41 is amended to clarify that during the adoption criteria staffing process, every effort is made to place children with family.
340:75-15-61 is amended to update sentence structure.
340:75-15-128.2 is amended to: (1) update sentence structure; and (2) delete information that is contained in another section of policy.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules achieve OKDHS goals by providing services that support and strengthen the family and protect its members.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; SB 553; and SB 469.

J. CHAPTER 100. DEVELOPMENTAL DISABILITIES SERVICES DIVISION
Subchapter 3. Administration
Part 1. General Administration
OAC 340:100-3-1 [AMENDED]
OAC 340:100-3-6 [AMENDED]
OAC 340:100-3-15 [AMENDED]
Part 3. Operations
OAC 340:100-3-27 [AMENDED]
OAC 340:100-3-27.5 [AMENDED]
OAC 340:100-3-28 [AMENDED]
OAC 340:100-3-38 through 340:100-3-38.8 [AMENDED]
OAC 340:100-3-38.12 [AMENDED]
OAC 340:100-3-38.13 [NEW]
OAC 340:100-3-40 through 340:100-3-40.1 [AMENDED]
Subchapter 5. Client Services
Part 3. Service Provisions
OAC 340:100-5-20 [REVOKED]
OAC 340:100-5-22.1 [AMENDED]
OAC 340:100-5-26 through 340:100-5-26.1 [AMENDED]
OAC 340:100-5-29 [AMENDED]
OAC 340:100-5-32 through 340:100-5-33 [AMENDED]
Part 5. Individual Planning
OAC 340:100-5-51 [AMENDED]
OAC 340:100-5-53 [AMENDED]
OAC 340:100-5-57 through 340:100-5-57.1 [AMENDED]
Subchapter 13. Family Support Programs
OAC 340:100-13-1 [AMENDED]
Subchapter 17. Employment Services
Part 3. State-Funded Employment (Sheltered Workshop) Services
OAC 340:100-17-17 [AMENDED]
Part 4. Community Integrated Employment Services
OAC 340:100-17-25 [AMENDED]
(Reference APA WF 07-23)

SUMMARY: The proposed revisions to Subchapters 3, 5, 13, and 17 of Chapter 100 amend the rules to (1) reflect current Oklahoma Department of Human Services (OKDHS) forms numbering scheme; (2) clarify eligibility criteria for state-funded services through Developmental Disabilities Services Division (DDSD); (3) reflect the current role and function of each Human Rights Committee (HRC); (4) clarify DDSD case management visits with the service recipient and possible locations for visits; (5) clarify eligibility criteria for SoonerStart; (6) delineate DDSD audit requirements for provider agencies; (7) clarify required training courses; (8) allow for the reduction of annual training hours for contract staff; (9) specify time frames for first aid and cardio-pulmonary resuscitation (CPR) certification and behavior support courses; (10) specify training requirements for staff providing supports in alternative group homes; (11) reflect general requirements for community records; (12) clearly denote the role of DDSD staff and community staff when monitoring service recipients who are at risk for dyskinesia; (13) specify current Family Support Assistance Payment Program application and annual review processes; (14) specify community integrated employment (CIE) services available to service recipients 16 years of age or older who meet eligibility criteria; and (15) update terminology and policy references.

340:100-3-1 is amended to clarify eligibility criteria for state-funded services through DDSD.
340:100-3-6 is amended to reflect the current role and function of each HRC, including HRC for a provider agency and public intermediate care facility for persons with mental retardation (ICF/MR).
340:100-3-15 is amended to reflect current criteria used to establish eligibility for SoonerStart for a child younger than three years of age.
340:100-3-27 is amended to: (1) clarify DDSD case management visits with the service recipient and possible locations for visits; and (2) specify current number references to OKDHS forms and publications.
340:100-3-27.5 is amended to clarify audit requirements for each agency receiving $50,000 or more per fiscal year for the delivery of supports funded through OKDHS or Home and Community-Based Services (HCBS) Waivers.
340:100-3-28, 100-3-38.12, 100-3-40.1, 100-5-22.1, 100-5-26.1, 100-5-32, 100-5-33, 100-5-53, 100-5-57, 100-5-57.1, and 100-17-17 are amended to reference current OKDHS forms numbers.
340:100-3-38, 100-3-38.1, 100-3-38.2, 100-3-38.3, 100-3-38.5, and 100-3-38.6 are amended to: (1) clarify required training courses; (2) allow for the reduction of annual training hours for contract staff; and (3) specify time frames for first aid and CPR certification and behavior support courses.
340:100-3-38.4 is amended to specify: (1) initial training, first aid and CPR certification, and medication administration training must be completed prior to the contractual agreement with Oklahoma Health Care Authority (OHCA); and (2) reduction of annual training hours for specialized foster care (SFC) providers.
340:100-3-38.7 is amended to specify the program coordinator must complete specialized training when providing fill-in direct support services.
340:100-3-38.8 is amended to specify job-specific training for staff assuming employment services programs manager duties.
340:100-3-38.13 is issued to provide training requirements for staff providing supports to service recipients residing in alternative group homes.
340:100-3-40 is amended to reflect general requirements for community records, excluding records maintained by the DDSD case manager. DDSD case manager records are kept in accordance with 340:100-5-15.
340:100-5-20 is revoked as current information regarding respite services is referenced in other sections of policy.
340:100-5-26 is amended to reference current OKDHS form numbers and delete information inherent to usage of Forms 06HM005E, Referral Form for Examination or Treatment, and 06HM007E, Physical Status Review.
340:100-5-29 is amended to more clearly denote the role of DDSD staff and community staff when monitoring service recipients who are at risk for dyskinesia.
340:100-5-51 is amended to reference individual planning for service recipients receiving services through the Homeward Bound Waiver.
340:100-13-1 is amended to reference current OKDHS form numbers and specify current Family Support Assistance Payment Program application and annual review processes.
340:100-17-25 is amended to specify CIE services are available to service recipients 16 years of age or older who meet eligibility criteria, including those 16 to 21 years of age who have not completed eligibility for services through Individuals with Disabilities Education Act (IDEA).

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules achieve OKDHS goals by supporting the DDSD long-term goal to provide community services to persons with developmental disabilities.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $30. The revised rules will result in the enhanced delivery of services to service recipients.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and, in part, Section 1408 of Title 10 of the Oklahoma Statutes (10 O.S. § 1408); 56 O.S. § 601 et seq.; 56 O.S. § 1020; 70 O.S. § 13-121 et seq.; and 74 O.S. § 840-3.1; and federal acts, including Individuals with Disabilities Education Act (IDEA).

K. CHAPTER 115. ~~OFFICE OF~~ FIELD OPERATIONS DIVISION
Subchapter 1. General Provisions
Part 1. General Provisions
OAC 340:115-1-1 [AMENDED]
OAC 340:115-1-3 [AMENDED]
OAC 340:115-1-4 through 340:115-1-6 [REVOKED]
Part 3. Voter Registration
OAC 340:115-1-21 through 340:115-1-22 [AMENDED]
OAC 340:115-1-23 [REVOKED]
OAC 340:115-1-24 [AMENDED]
OAC 340:115-1-25 through 340:115-1-26 [REVOKED]
OAC 340:115-1-27 [AMENDED]
Subchapter 3. Administrative Responsibilities [REVOKED]
OAC 340:115-3-2 through 340:115-3-3 [REVOKED]
Subchapter 5. Acquired Immune Deficiency Syndrome (AIDS) Coordination and Information Services (ACIS)
OAC 340:115-5-1 [AMENDED]
OAC 340:115-5-2 [REVOKED]
OAC 340:115-5-3 [AMENDED]
(Reference APA WF 07-25)

SUMMARY: The proposed revisions to Subchapters 1, 3 and 5 of Chapter 115 amend the rules to: (1) reflect current terms and definitions used throughout Field Operations Division (FOD) rules; (2) reflect current practices and procedures for Oklahoma voter registration; (3) reflect current practices and procedures of Acquired Immune Deficiency Syndrome (AIDS) Coordination and Information Services (ACIS); (4) include school-based services as a program administrated by FOD; and (5) revoke language that is provided through other rule cites.

340:115-1-1, 340:115-1-21, 340:115-1-22, and 340:115-5-1 are amended to reflect current terms used throughout FOD rules.
340:115-1-3 is amended to reflect current terms used throughout FOD rules and include school-based services as a program administered by FOD.
340:115-1-4, 340:115-1-5, 340:115-1-6, 340:115-1-23, 340:115-1-25, 340:115-1-26, 340:115-3-2, 340:115-3-3, and 340:115-5-2 are revoked as most information is provided through other rules, cites, and methods.
340:115-1-21 and 340:115-1-22 are amended to reflect current terms used throughout FOD rules.
340:115-1-24 is amended to clarify Oklahoma voter registration procedures.
340:115-1-27 is amended to include a reference to the legal base for offering persons applying for and receiving benefits or services provided by Oklahoma Department of Human Services (OKDHS) the opportunity to register to vote and criminal penalties for improper voter registration.
340:115-5-3 is amended to reflect current terms used throughout FOD rules and to reflect current practices and procedures for the administration of AIDS information services.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules achieve OKDHS goals by helping individuals and families in need help themselves lead safer, healthier, more independent and productive lives.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and National Voter Registration Act of 1993 [Public Law 103-31].

Part II. Adoption of Permanent Rules previously approved by the Commission under emergency provisions as required by the Administrative Procedures Act.
Emergency rules in effect on or before the first day of the legislative session are null and void on July 15 of the same year unless they are superseded by a permanent rule. Emergency rules may be approved any time during the year but permanent rules must be approved during the legislative session.
The following rules were previously approved by the Commission and have been approved by the Governor under emergency provisions of the Administrative Procedures Act (APA). Substantive changes from the emergency rules are proposed, and are highlighted. The APA requires the Commission to again vote on the rules after the Notice of Rulemaking Intent is published in the Oklahoma Register and the public comment period expires. The comment period has expired on the following rules; no comment was received. The proposed permanent rules will be submitted to the Governor and Legislature for approval if approved by the Commission as permanent rules.

A. CHAPTER 5. ADULT PROTECTIVE SERVICES
Subchapter 1. General Provisions
OAC 340:5-1-6 [AMENDED]
Subchapter 3. Reports of Maltreatment of Vulnerable Adults
OAC 340:5-3-1 [AMENDED]
Subchapter 5. Investigation of Adult Protective Services Referrals
OAC 340:5-5-6 [AMENDED]
(Reference APA WF 07-19 and 07-30)

SUMMARY: The proposed revisions to Subchapters 1, 3, and 5 of Chapter 5 amend the rules to ensure compliance with Sections 10-101 through 10-110 of Title 43A of the Oklahoma Statutes. The revisions amend, and add new Adult Protective Services (APS) definitions, and change the APS specialist's responsibility for submitting an accounting report for temporary guardianship from quarterly to annually as stated in state statute.

340:5-1-6 supersedes the emergency rule, and is revised to: (1) add definitions to terms commonly used in the practice by APS specialists; and (2) provide common understanding of terms.
340:5-3-1 supersedes the emergency rule, and is revised to: (1) remove reference to a form; and (2) add clarifying language.
340:5-5-6 supersedes the emergency rule, and is revised to: (1) change the required annual reporting from quarterly to annually as stated in state statute; (2) add a responsibility of an APS specialist to apply for all benefits that a client in guardianship is potentially eligible; (3) remove internal procedures from rules; and (4) add clarifying information.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules achieve OKDHS goals of protecting vulnerable adults from abuse, neglect, and exploitation.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Sections 10-101 through 10-110 of Title 43A of the Oklahoma Statutes.

EMERGENCY RULE APPROVAL DATE: WF 07-19 was previously approved as emergency by the Commission on September 25, 2007 and by the Governor on October 16, 2007.

B. CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program
OAC 340:10-2-1 [AMENDED]
OAC 340:10-2-6 through 340:10-2-8 [AMENDED]
(Reference APA WF 07-13 and 07-29)

SUMMARY: Proposed revisions to Subchapter 2 of Chapter 10 amend rules to: (1) reflect current interpretation of TANF Work activities and reporting responsibilities under the Deficit Reduction Act of 2005; (2) provide clarification of uses regarding flex funds; and (3) change the time frame for Work Experience Program (WEP) assignments from three months to 90 calendar days.

340:10-2-1 proposed revisions supersede the emergency rule, and is revised to improve grammar.
340:10-2-6 proposed revisions supersede the emergency rule, and is revised to move educational services to its own Section for clarity.
340:10-2-7 proposed revisions supersede the emergency rule, and is revised to change the time frame for WEP assignments from three months to 90 days.
340:10-2-8 proposed revisions supersede the emergency rule, and is revised to: (1) add language to prevent use of flex funds as reimbursement for goods/services already paid by client or others; (3) add language making relatives of client not eligible for payment of flex funds; (4) replace outdated language with current terminology; and (5) add clarifying language.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules support Oklahoma Department of Human Services (OKDHS) mission to administer public resources in a fiscally responsible and ethical manner.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Sections 230.50, 230.52, 230.62, 230.64, and 230.65 of Title 56 of the Oklahoma Statutes; the Deficit Reduction Act of 2005; and Parts 261.2, 261.60, 261.61, and 262.2 of Title 45 of the Code of Federal Regulations (CFR).

EMERGENCY RULE APPROVAL DATE: WF 07-13 was previously approved as emergency by the Commission on July 24, 2007 and by the Governor on August 3, 2007.

C. CHAPTER 65. PUBLIC ASSISTANCE PROCEDURES
Subchapter 3. Eligibility for Benefits
OAC 340:65-3-8 [AMENDED]
(Reference WF 07-18 and 07-26)

SUMMARY: The proposed revisions to 340:65-3-8 supersede the emergency rule and, are revised to remove reference to protective payment reviews for the Temporary Assistance for Needy Families (TANF) Program.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules support the OKDHS goal of continuously improving systems and processes to.

EMERGENCY RULE APPROVAL DATE: WF 07-18 was previously approved as emergency by the Commission on September 25, 2007 and by the Governor on October 16, 2007.

D. CHAPTER 75. CHILD WELFARE
Subchapter 15. Adoptions
Part 10. Adoptive Family Assessment and Preparation Process
OAC 340:75-15-84 [AMENDED]
OAC 340:75-15-87 [AMENDED]
(Reference WF 07-22 and 07-34)

SUMMARY: The proposed revisions to Subchapter 15 of Chapter 75 amend the rules to bring the foster and adoptive home approval process into compliance with Senate Bill 553 (SB 553) and Senate Bill 469 (SB 469) as well as update agency procedures to comply with federal guidelines. The proposed revisions to 340:75-15-84 supercede the emergency rule to include sentence restructuring. The proposed revisions to 340:75-15-87 supercede the emergency rule to clarify that in-person or telephone contact is made with each personal reference and update sentence structure.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules achieve Oklahoma Department of Human Services (OKDHS) goals by improving systems and processes to achieve agency goals of strengthening families and protecting children.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; SB 553; SB 469; HB 1927; and Title 10 of the Oklahoma Statutes.

EMERGENCY RULE APPROVAL DATE: WF 07-22 was previously approved as emergency by the Commission on September 25, 2007 and by the Governor on October 16, 2007.

Part III. Adoption of Permanent Rules previously approved by the Commission under emergency provisions as required by the Administrative Procedures Act.
Emergency rules in effect on or before the first day of the legislative session are null and void on July 15 of the same year unless they are superseded by a permanent rule. Emergency rules may be approved any time during the year but permanent rules must be approved during the legislative session.
The following rules were previously approved by the Commission and have been approved by the Governor under emergency provisions of the Administrative Procedures Act (APA). The APA requires the Commission to again vote on the rules after the Notice of Rulemaking Intent is published in the Oklahoma Register and the public comment period expires. The comment period has expired on the following rules; no comment was received, and no substantive revision of the emergency rules is proposed. The proposed permanent rules are to be submitted to the Governor and Legislature for approval if approved by the Commission as permanent rules.

A. CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 5. Fair Hearings
Part 11. Child Care Facility Licensing
OAC 340:2-5-112 [AMENDED]
OAC 340:2-5-119 [AMENDED]
(Reference APA WF 07-14)

SUMMARY: The proposed revisions to Subchapter 5 of Chapter 2 amend the rules to: (1) expand definitions of "official record" to include a transcript of the hearing; (2) provide a definition of "clear and convincing evidence"; and (3) conform the standard of proof in child care licensing proceedings to due process requirements.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules achieve Oklahoma Department of Human Services (OKDHS) goals by conforming policy to law.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $100. The revised rules will result in due process being provided for child care licensees and applicants.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Due Process of Law, Article II, Section 7 of the Oklahoma Constitution.

EMERGENCY RULE APPROVAL DATE: WF 07-1 was previously approved as emergency by the Commission on July 24, 2007 and by the Governor on August 3, 2007.

B. CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program
OAC 340:10-2-5 [AMENDED]
(Reference APA WF 07-13)

SUMMARY: The proposed revisions to Subchapter 2 of Chapter 10 update client Temporary Assistance for Needy Families (TANF) Work participation reporting responsibilities in accordance with the Deficit Reduction Act of 2005.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules support the Oklahoma Department of Human Services (OKDHS) mission to administer public resources in a fiscally responsible and ethical manner.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules is estimated to be approximately $10.

EMERGENCY RULE APPROVAL DATE: WF 07-13 was previously approved as emergency by the Commission on July 24, 2007 and by the Governor on August 3, 2007.

C. CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 15. Temporary Assistance for Needy Families (TANF) Citizenship and Alien Status
OAC 340:10-15-1 [AMENDED]
(Reference WF 07-17)

SUMMARY: The proposed revisions to Subchapter 15 of Chapter 10 amend rules to bring them into compliance with Section 71 of Title 56 and Section 20j of Title 74 of the Oklahoma Statutes that mandates the Oklahoma Department of Human Services (OKDHS) establish rules regarding the verification of the lawful presence in the United States (U.S.) for persons 14 years of age or older who are applying for state or federal public benefits.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules support the Oklahoma Department of Human Services (OKDHS) goal of continuously improving systems and processes.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Section 71 of Title 56 and Section 20j of Title 74 of the Oklahoma Statutes.

EMERGENCY RULE APPROVAL DATE: WF 07-17 was previously approved as emergency by the Commission on September 25, 2007 and by the Governor on October 16, 2007.

D. CHAPTER 50. FOOD STAMP PROGRAM
Subchapter 5. Non-Financial Eligibility Criteria
Part 7. Related Provisions
OAC 340:50-5-67 [AMENDED]
(Reference APA WF 07-21)

SUMMARY: Proposed revisions to Subchapter 5 of Chapter 50 establish rules regarding the verification of the lawful presence in the United States (U.S.) for persons 14 years of age or older who are applying for state or federal public benefits.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules achieve Oklahoma Department of Human Services (OKDHS) goals by continuously improving systems and processes to achieve efficiency.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Section 71 of Title 56 and Section 20j of Title 74 of the Oklahoma Statutes.

EMERGENCY RULE APPROVAL DATE: WF 07-21 was previously approved as emergency by the Commission on September 25, 2007 and by the Governor on October 16, 2007.

E. CHAPTER 65. PUBLIC ASSISTANCE PROCEDURES
Subchapter 3. Eligibility for Benefits
OAC 340:65-3-1 [AMENDED]
(Reference WF 07-18)

SUMMARY: The proposed revisions to Subchapter 3 of Chapter 65 amend rules to: (1) establish rules regarding the verification of the lawful presence in the U.S. for persons 14 years of age or older who are applying for state or federal public benefits; (2) reflect current form names and numbers; (3) add comprehensive information by program regarding when an interview is required for an application; and (4) update form numbers.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules support the OKDHS goal of continuously improving systems and processes.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Section 71 of Title 56 and Section 20j of Title 74 of the Oklahoma Statutes

EMERGENCY RULE APPROVAL DATE: WF 07-18 was previously approved as emergency by the Commission on September 25, 2007 and by the Governor on October 16, 2007.

F. CHAPTER 75. CHILD WELFARE
Subchapter 1.General Provisions
Part 1. Scope and Applicability
OAC 340:75-1-16 through 340:75-1-18.1 [AMENDED]
OAC 340:75-1-20 [AMENDED]
Subchapter 6. Permanency Planning
Part 11. Permanency Planning and Placement Services
OAC 340:75-6-85 [AMENDED]
(Reference WF 07-22)

SUMMARY: The proposed revisions to Subchapters 1 and 6 amend the rules to bring the Oklahoma Department of Human Services (OKDHS) adoptive and foster home approval process and court hearing procedures into compliance with: (1) Senate Bill 553 (SB 553); (2) House Bill 1927 (HB 1927) in repealing the OKDHS authority to enter an objection to the release of a child from state custody; and (3) Senate Bill 469 (SB 469) to comply with legislative intent that every effort be made to place children with a member of the child's family.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules achieve OKDHS goals by improving systems and processes to achieve agency goals of strengthening families and protecting children.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; SB 553; SB 469; HB 1927; and Title 10 of the Oklahoma Statutes.

EMERGENCY RULE APPROVAL DATE: WF 07-22 was previously approved as emergency by the Commission on September 25, 2007 and by the Governor on October 16, 2007.

Linda Smith, division administrator, OKDHS Children and Family Services Division delivered a brief report before introducing Cathy Connelly and Clay Zahn with the OKDHS Independent Living Program who gave an overview of the program and introduced several young adults who have found success after foster care.

Marq Youngblood, chief operating officer, OKDHS Human Services Centers, delivered a brief report to the Commission.

The next meeting of the Oklahoma Commission for Human Services is February 26, 2008.