INSTRUCTIONS TO STAFF 340:40-7-6
1. (a) Refer to Oklahoma
Administrative Code (OAC) 340:40-7-10 through 340:40-7-13 for income consideration
(b) When a child lives with a parent for part of each month and with
a caretaker for the remainder of the month, only one case is established for
the child. Refer to OAC
340:40-7-6(c) and Instructions to staff (ITS) # 7.
the Household tab in Family Assistance/Client Services (FACS), the worker
chooses "social services" in the "benefit" field F24 and
"added to benefit section" in the "status" field F25 to add
only the children being approved for child care. All other household members are shown as
"not included in benefit. Income
and resources are considered in benefit computation" in the
"status" field F25.
When the household consists of the client's own child and another child such as
a niece, nephew, or grandchild for whom the adult is not legally and
financially responsible, the worker first determines which children require
child care assistance.
When child care is needed for both the client's child and any other child, the
worker establishes two separate cases unless combining the households results
in a lower family share copayment. When
it is better for the household to establish two separate cases, the worker
considers the client's income and his or her own child's income in the case for
the client's child and only considers the income of any other child in the case
set up for him or her.
When child care is needed only for the client's own child, the worker counts
the income of the parent and his or her own child. The worker does not count the income of the
other child unless including the child and his or her income reduces the family
share copayment for the household.
When child care is only needed for another child for whom the adult is not legally and financially responsible, the
worker only counts the income of that child and, when present in the home, the
child's siblings not requiring subsidized child care benefits. Household size includes these children only.
(e) When an adoptive
parent requests child care for a child who meets all five of the conditions
described in OAC 340:40-7-12(6) and for other children who do not meet these
conditions, two separate cases must be established in
order for the system to calculate the family share copayment correctly. The worker must document why two case records
must be established and why income is considered or excluded in each case in
FACS Case Notes. The family may choose
to include all children on one case if it reduces the family share copayment.
Household composition is handled differently for other programs. Refer to OAC 340:50-5-1 for food benefits,
OAC 340:10-3-56 through 340:10-3-57 for Temporary Assistance for Needy Families (TANF), and OAC 317:35-5 through 317:35-7 for medical assistance.
2. (a) When the parent
is a minor parent, the minor parent's income must be considered in determining
the family share copayment. When the
minor parent lives with his or her parent, neither the grandparent's income nor
his or her need factor is considered for the grandchild.
adoptive parent's income is not considered until the adoption is final. When the adoption is final and the natural
parent whose rights were terminated and the adoptive parent live in the same
household, consider only the income and need factor of the adoptive parent.
income is not considered in determining the adoptive child's eligibility for
subsidized child care when all five conditions described in OAC 340:40-7-12(6)
worker must document why the income is being excluded in FACS Case Notes.
(3) When the
household requests child care for a child who meets all five conditions
described in OAC 340:40-7-12(6) and one who does not meet these conditions, the
worker establishes separate cases.
(c) When the child's natural or adoptive parent is not in
the home but the child continues to live with a stepparent, the stepparent's
income is considered in determining the child's eligibility. This applies even when the stepparent is
divorced from the child's natural or adoptive parent.
3. A court order must
state the caretaker is legally and financially responsible for the
child before the caretaker's income is considered. When
the child's parent lives with the caretaker and the child, the worker counts
the parent's income instead of the caretaker's income.
4. (a) A child's
income must be considered unless specifically excluded per OAC 340:40-7-12.
child care is needed for a child predetermined eligible for child care with a
zero copayment and the child's income eligible sibling who has a family share
copayment, two separate cases are established.
This may happen when one child is disabled and receives Supplemental
Security Income (SSI) or when there is a stepparent in the home and the
client's child receives TANF but the stepparent's child does not. The family may choose to include all children
on one case if this results in a reduced family share co-payment. When two separate cases are established:
(1) the worker
codes the predetermined child as added to "social services" in the Household
tab "benefit" field F24 and "added to benefit section" in
the "status" field F25 of the FACS Interview Notebook of the
predetermined eligible case. Other
household members' income is not shown on this case unless needed for another
program. When the income must be
included for another program, the worker diverts the additional income in the Child
Care tab "total diverted income" field of the FACS Eligibility
worker codes the income eligible child as added to "social services"
in the Household tab "benefit" field F24 and "added to benefit
section" in the "status" field F25 of the FACS Interview
Notebook of the income eligible case.
All other household members' income is shown in the Income tab,
including the SSI or TANF income, and these household members are added to
"social services" in the "benefit" field F24 and
"income/resources are considered in benefit computation – individual not
included" in the "status" field F25 of the Household tab. Only the child approved for subsidized child
care benefits in the income eligible case is shown in the Child Care tab
"number of children in child care" field E52 of the FACS Eligibility
5. (a) The worker
accepts the client's statement regarding his or her relationship with an adult
non-relative living in the home and documents the client's statement in FACS Case
adult non-relative is not required to meet a need factor or to be an
alternative caregiver. Per OAC
340:40-5-1(4), a spouse or the natural or adoptive parent of the child is
required to be an alternative caregiver.
6. (a) When the child's parent meets the definition of "acting in the role of a spouse" per (b)(4) of this Section, the child must be considered a household member and the child's income must be considered. All persons whose income is counted in
determining the family share copayment are included to determine whether to use
a family size of five members or less, or for six or more members on OKDHS
Appendix C-4, Child Care Eligibility/Copayment Chart.
When a couple live together and each have their own child living in the
household needing subsidized child care benefits, one case record is
established for the household. The
worker uses the single parent need factor policy for each per OAC
person acting in the role of a spouse is not required to pursue child support
for his or her child living in the home when the child does not need subsidized
child care perOAC 340:40-7-9(a).
7. (a) There is no set
length of time established to determine if a household member's absence is
temporary. The key is whether the rest
of the household considers the absence to be temporary.
a parent is temporarily absent, the worker does not complete child support
forms. However, the temporarily absent
parent must meet a need factor per OAC 340:40‑7‑7 and 340:40-7-8 .
When the parent is not temporarily absent, the parent or caretaker in the home
must pursue child support from the absent parent per OAC 340:40-7-9.
When a child is left with a caretaker due to the temporary absence of a parent,
the benefits remain on the parent's case as long as the caretaker provides a
statement from the parent giving the caretaker authorized representative rights. Refer to OAC 340:40-3-1. When the caretaker cannot provide this
statement, he or she applies on his or her own case and child support forms are
8. When a parent or
caretaker is absent due to hospitalization, that parent or caretaker meets a
need factor for child care eligibility once verification is provided.
9. When a parent is
absent due to incarceration, that parent or caretaker meets a need factor for
child care eligibility once verification is provided. Verification may be obtained through the Oklahoma
Department of Corrections or from the jail or prison where the parent is
serving his or her sentence. When
verification is not provided, the parent or caretaker must fill out child
support paperwork on the absent parent. When
the child lives with a caretaker, refer to ITS # 7.
10. When a parent is
absent due to military service, the worker counts his or her total gross
income, including the dependent allowance, to calculate the family share copayment. This applies to single parents who give
temporary custody of their child to a caretaker while they are away from home
and to two-parent households where only one of the parents is temporarily away
11. When one or both
parents works, the worker considers the parent's income in determining the
household's eligibility. The parent must
meet a need factor per OAC 340:40‑7‑7 in order for child care to be
approved. When one parent or caretaker
works part-time out-of-town and the other parent or caretaker works full-time,
child care is approved on a part-time basis.
12. When a child lives
with one or both of his or her parents for part of the month and with a
caretaker for the rest of the month, the child is considered temporarily absent
from the parent's home while he or she lives with the caretaker. The worker establishes one case for the
parent and codes the caretaker as the authorized representative on the parent's
case. The worker may approve different
child care plan hours for the time the child lives with the parent than when he
or she lives with the caretaker if their work or school schedules are
13. When both parents qualify for subsidized child care benefits, the worker establishes two separate cases. The maximum amount of child care approved in both cases combined is never more than 31 days per month. Neither case qualifies for weekly or blended unit types. Refer to OAC 340:40‑7‑7 and 340:40-7-8 for information concerning the need factor for child care.