OKDHS - OAC 340:10-9-1. Relationship of payee to child

340:10-9-1. Relationship of payee to child

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Revised 6-1-11

(a) Specified degree of relationship. To be eligible to receive Temporary Assistance for Needy Families (TANF), in addition to other qualifications, a child must be living with a person having a specified degree of relationship in a place of residence maintained by one or more of such relatives as his or her own home. An otherwise eligible person is not denied assistance solely because the home is not a fixed address or does not have a mailing address. An individual is recognized as meeting the specified degree of relationship if the individual is related within the fifth degree of kinship. • 1 It is only when the child is living with a person of one of these degrees of relationship that there is an eligible payee for the TANF benefit.

(1) Related by blood. Blood lines remain intact in terms of legal responsibility except when parental rights are terminated or the child is legally adopted by someone else. Blood relatives, including half blood, are:
- (A) parent(s) including a natural parent even if the child is legally adopted and deprivation is based on the absence of the adoptive parent(s); • 2
- (B) siblings;
- (C) grandparent(s) including those denoted by prefixes of great, great-great, and great-great-great;
- (D) aunt(s) and uncle(s) including those denoted by the prefixes of great and great-great;
- (E) niece(s) and nephew(s) including those denoted by prefixes of grand and great-grand; and
- (F) first cousin(s) and first cousin(s) once removed.
(2) Related by marriage. Use kinship as denoted under (1) of this Section, whether the marriage is common-law or ceremonial. Included are step‑relations. Kinship by marriage is included even after the marriage is terminated by death or divorce.
(3) Related by adoption. Use kinship as denoted under (1) and (2) of this subsection.

(b) Verification of relationship. If the individual making the application for TANF is the child's mother, no further verification is required unless the information is inconsistent with known facts or observations. If the individual making the application claims to be the natural father, no further verification is required unless information provided is inconsistent with known facts or observations. If the child's mother has alleged this person to be the natural father, relationship is not questionable. If the natural father's name is not on the birth certificate, the natural father is requested to sign a statement acknowledging paternity or provide medical evidence that substantiates the relationship. • 3 If the individual who claims to be the natural father refuses, relationship cannot be determined. If the individual making the application is someone other than the parent, the relationship to the child's parent must also be established as outlined in (a) of this Section. The individual's statement as to the relationship to the child's parent is accepted unless the information is inconsistent with known facts or observations. • 4

INSTRUCTIONS TO STAFF 340:10-9-1

Revised 6-1-11

1. Refer to Oklahoma Department of Human Services (OKDHS) Appendix I-7, The Family Tree - Degrees of Kindred According to the Law, for the determination of kinship.

2. (a) Termination of parental rights terminates the parent-child relationship including:

(1) parent's right to the custody of the child;

(2) parent's right to visit the child;

(3) parent's right to control the child's training and education;

(4) the necessity for the parent to consent to the adoption of the child;

(5) parent's right to the earnings of the child;

(6) parent's right to inherit from or through the child.

(b) This does not terminate the duty of the parent to support the minor child unless the child is adopted.

(c) The biological parent is treated as the child's aunt or uncle for TANF purposes if the child has not been adopted. If the child has been adopted by the grandparents, the biological parent is now a sibling.

(d) Worker views order regarding termination of parental rights and documents information in case notes. The document is not copied and is not filed in case record.

3. Refer to OAC 340:10-10-4 for procedures to establish paternity.

4. When questions exist regarding relationship, the worker is required to verify the information through acceptable sources. Refer to OAC 340:10-5-1(3) for commonly found sources of verification.

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