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340:40-7-7. Establishing the need factor for child care

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Revised 7-1-06

(a) Establishing the need factor. In order for children to be cared for in a safe environment while the parent or caretaker participates in an approved activity or for protective or preventive reasons, the Oklahoma Department of Human Services (OKDHS) provides subsidized child care benefits. The worker arranges to obtain from the client or collateral sources, documentation of the need factor. • 1

The worker and client negotiate the amount of travel time allowed for an activity based on what is a reasonable length of time. • 2

(b) Need factor for single parent or caretaker families. The need for subsidized child care is met when the:

(1) parent or caretaker is employed in accordance with OAC 340:40-7-8(a);
(2) parent or caretaker needs sleep time during the day after working night hours when a feasible alternative is used at no cost to OKDHS during the night working hours in accordance with OAC 340:40-7-8(a)(5);
(3) parent or caretaker is actively searching for a job in accordance with OAC 340:40-7-8(a)(6);
(4) parent or caretaker is engaged in a training or formal education program designed to lead to employment in accordance with OAC 340:40-7-8(b) and (c);
(5) parent or caretaker attends high school, General Educational Development (GED), literacy, adult basic education (ABE), or English as a Second Language (ESL) classes in accordance with OAC 340:40-7-8(c);
(6) parent or caretaker is actively participating in an approved Temporary Assistance for Needy Families (TANF) Work activity in accordance with OAC 340:10-2-1; • 3
(7) child is in need of care or supervision for part of the day as a protective or preventive service in accordance with OAC 340:40-7-8(e); or
(8) child receives Supplemental Security Income (SSI) and care is needed for enrichment purposes in accordance with OAC 340:40-7-8(f).

(c) Need factor for two-parent or two-caretaker families. Two-parent or two-caretaker families can be two natural or adoptive parents, the natural parent and a stepparent, two grandparents, other relative married couples, or other non-relative married couples. If a couple who is not married applies and only one person is the natural or adoptive parent of the child, only the natural or adoptive parent must meet a need factor as described at OAC 340:40-7-7(b). • 4

The need for subsidized child care is met when:

(1) both parents or caretakers are employed during the same hours for which child care is requested in accordance with OAC 340:40-7-8(a);
(2) one or both parents or caretakers need sleep time during the day after working night hours when a feasible alternative is used at no cost to OKDHS during the night working hours in accordance with OAC 340:40-7-8(a)(5). If both parents do not work night hours, the other parent must be employed during the other parent's sleep time hours;
(3) one or both parents are actively searching for a job in accordance with OAC 340:40-7-8(a)(6). If only one parent or caretaker is searching for a job, the other parent or caretaker is employed, in training, or in a formal education program during the same hours;
(4) one parent or caretaker is attending a formal education or training program during the same hours the other parent or caretaker is employed in accordance with OAC 340:40-7-8(a) through (c);
(5) both parents or caretakers are in high school in accordance with OAC 340:40-7-8(c);
(6) one parent or caretaker is in high school during the same hours the other parent or caretaker is working, attending a formal education, or post high school training program in accordance with OAC 340:40-7-8(a) through (c) ;
(7) one parent or caretaker is attending GED, literacy, ABE, or ESL classes during the same hours as the other parent or caretaker is employed in accordance with OAC 340:40-7-8(a) through (c); • 5
(8) one or both parents or caretakers are actively participating in approved TANF Work activities in accordance with OAC 340:10-2-1. If one parent or caretaker is not participating in TANF Work activities, that parent meets a need factor defined at OAC 340:40-7-8 during the same hours; • 3
(9) the child is in need of care or supervision for part of the day as a protective or preventive service in accordance with OAC 340:40-7-8(e);
(10) the child receives SSI and care is needed for enrichment purposes in accordance with OAC 340:40-7-8(f) ; or
(11) one parent or caretaker is incarcerated and the other parent remains in the home. In this instance, use subsection (b) of this Section to determine if the parent remaining in the home meets a need factor.

(d) Need factor in joint custody cases. When parents are separated or divorced and share custody of their child, either voluntarily or through a court order, each parent's need for child care is considered separately as well as his or her income. • 6

(e) Activities which do not meet the need factor for child care. The need factor for child care is not met and child care cannot be approved for:

(1) job search for persons not involved in:
- (A) TANF Work activities described at OAC 340:10-2-1; or
- (B) the activities described at OAC 340:40-7-8(a)(6);
(2) on-line Internet based or televised education or training courses when an instructor is not conducting a live broadcast and attendance is not required while the program is being broadcast in accordance with OAC 340:40-7-8(b) and (c);
(3) undergraduate classes or other training that are not expected to lead to a degree or certificate of completion in accordance with OAC 340:40-7-8(b) and (c);
(4) post graduate education such as master's and doctoral programs; • 7
(5) two-parent or two-caretaker families when both are attending a formal education or training program during the same days and hours;
(6) transportation only; • 8
(7) court-ordered community service hours, volunteer hours, or jury duty; and • 9
(8) hours a school age child could be in a public or private school but the parent or caretaker chooses not to allow the child to attend because he or she wishes to home school the child at night. • 10

INSTRUCTIONS TO STAFF 340:40-7-7

Revised 6-1-09

1. See OAC 340:40-3-1 Instructions to staff #1 for information about when Child Welfare staff must complete the child care application.

2. The amount of travel time approved varies depending on what is reasonable for that client. The worker asks the client how much time it takes to get to the work or training activity after dropping the child off at child care and then how long it takes to get from the work or training activity to the child care facility. If extra care is approved because the client must ride with another person whose schedule varies from the client or the client lives a long distance from his or her job, the worker documents the reason on the application or in Family Assistance/Client Services (FACS) Case Notes.

3. OAC 340:10-2-1 also applies to clients in sanctioned status who are participating in Temporary Assistance for Needy Families (TANF) Work activities prior to their cases being reopened. When two parents or caretakers are participating in TANF Work activities, they can both meet the need factor for training or formal education if that is part of each of their TANF Work plans.

4. See OAC 340:40-5-1(4) which states that a client may choose whether to use an alternative to subsidized care unless that alternative is a spouse who does not meet a need factor.

5. Child care is not approved for both parents to attend these classes at the same time.

6. Consider each parent's need factor as a single parent or caretaker family unless a stepparent is also present. If only one parent qualifies for subsidized child care, approve only the days and hours of care needed while that parent has physical custody of the child. When both parents qualify for subsidized child care, two separate cases are established and the need factor must be met by each parent during the time that parent has physical custody of the child. The maximum amount of child care in both cases combined is never more than 31 days. A weekly unit type cannot be approved in either case.

7. Class hours for a master's or doctoral program cannot be approved for child care, unless they are a part of the client's TANF Work activity. Care may be approved during hours the student is employed.

8. For example, child care is never approved just to transport a child to school when the parent or caretaker does not meet an allowable need factor during that time period.

9. Community service hours can be approved when they are considered a TANF Work activity. Volunteer hours required as part of a course requirement can be approved as described in OAC 340:40-7-8, Instruction to Staff 9.

10. School age is defined as a child enrolled in first through 12th grade. Child care is not approved during regular school day hours because school is a feasible alternative. Exception: a provider can be approved to provide child care for a school age child with disabilities during the hours public or private school is in session if the child receives shortened day services from the local school system. Care can also be approved if a child is suspended or expelled from school and the school system verifies there is no other educational alternative available to the child.

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