Current through Vol. 42, No. 1, September 16, 2024
(a)
Scope and applicability. Per
Section
601 et
seq. of Title 56 of the Oklahoma Statutes (56 O.S. §
601 et
seq.), Oklahoma Family Support Act, and within the constraints of funding
appropriated to Oklahoma Department of Human Services (OKDHS), Developmental
Disabilities Services Division (DDSD) provides a family support assistance
payment for children with severe developmental disabilities who reside in their
family homes and who meet other required eligibility criteria. The family
assistance payment is intended to:
(1) keep
families together;
(2) facilitate
the return of children with developmental disabilities from out-of-home
placements to their families' homes; and
(3) prevent or delay out-of-home placement of
children with severe developmental disabilities who reside in their families'
homes.
(b)
Eligibility criteria - child. To receive family support assistance
payment, the child must:
(1) be younger than
18 years of age;
(2) have mental
retardation or other developmental disability per 10 O.S. §
1408;
(3) reside with the family, per OAC
340:100-13-1(c); and
(4) not
receive services through a Home and Community-Based Services (HCBS)
Waiver.
(c)
Eligibility criteria - family. The family with whom the eligible
child is residing must:
(1) live in
Oklahoma;
(2) have an annual gross
adjusted income that does not exceed $45,000; and
(3) be headed by a biological parent,
adoptive parent, or legal guardian of the eligible child. A child living with
an adoptive parent(s) who receives adoption assistance from any source is not
eligible for the Family Support Assistance Payment Program.
(d)
Application.
Applications for the Family Support Assistance Payment Program are available
via OKDHS county offices, DDSD area offices, and www.okdhs.org. The family
making application to the Family Support Assistance Payment Program must
complete and return Form 06DA031E, Family Support Assistance Payment Services
Application, and required verification of information.
(1) Form 06DA031E is:
(A) complete when signed with required
verification attached; and
(B)
returned to the applicant when missing information is identified.
(2) Completed Form 06DA031E is
date stamped upon receipt in the DDSD State Office or area office.
(A) This date establishes chronological
placement on the waiting list for this program.
(B) An exception to the receipt date is
described in OAC 340:100-13-1(f).
(3) The number of applications approved is
determined by available funding.
(e)
Payment of family support
assistance. When Form 06DA031E is approved, a family support assistance
payment:
(1) of $250 per month for the first
eligible child is paid. For families who have more than one eligible child,
increments of $50 are made for each additional eligible child with a maximum
payment of $400 per month per family home;
(2) is paid to the parent(s) or legal
guardian on behalf of the eligible child;
(3) is considered a benefit to the child and
is used to meet the special needs of the family associated with the eligible
child; and
(4) is to complement,
not supplant, public assistance or other social service benefits based on
economic need that are available through governmental programs.
(f)
Out-of-home placement
advanced payment. The parent(s) or legal guardian of a child who is in
an out-of-home placement at the time the application is considered may receive
a one-time, lump sum advance payment of twice the monthly family support
assistance amount to meet the special needs of the family in preparation for
the placement or return of the child to in-home care.
(1) The child and family must meet all
eligibility criteria per OAC 340:100-13-1(b) and (c), excluding
(b)(3).
(2) Verification of current
placement of the child is required.
(3) A written plan for the child's return
home is submitted to DDSD State Office before advance payment is
made.
(4) Authorization for ongoing
payment does not begin until DDSD State Office verifies the eligible child has
returned to the family home.
(g)
Continuation of payment.
Each family annually completes Form 06DA032E, Annual Review and Report, prior
to the review due date that is the last day of the birth month of the eligible
child.
(1) DDSD sends Form 06DA032E 60 days
prior to the review due date.
(2)
When Form 06DA032E and requested verification are not provided by the last day
of the birth month of the eligible child, the family support assistance payment
for the child is terminated.
(3)
When a family support assistance payment is made for more than one child in the
family, the annual review due date is the birth date of the youngest child for
which the assistance payment is made, unless otherwise specified.
(4) Form 06DA032E requires:
(A) reverification of the family's annual
income;
(B) redetermination of
disability for the child younger than seven years of age. For children seven
and older, disability review is required every three years or when determined
necessary by the Family Support Assistance Payment Program programs manager;
and
(C) determination of how the
assistance payment is used.
(h)
Relation to HCBS
eligibility. A family may not receive both HCBS and a family support
assistance payment.
(1) When a child receives
HCBS and applies for the family support assistance payment, DDSD State Office
notifies the assigned DDSD case manager of the request.
(2) The assigned DDSD case manager:
(A) schedules a home visit to inform the
family that all services through HCBS terminate effective the month the
assistance payment is approved;
(B)
informs the family that when HCBS is terminated, eligibility for other services
may also be affected;
(C) explains
Form 06DA033E, Affidavit of Understanding Regarding Family Assistance/Home and
Community Based Waiver Services; and
(D) secures the signature of the parent(s) or
guardian on Form 06DA033E.
(3) When a child is on the waiting list for
HCBS, the child's application status is not affected by applying for or
receiving the family support assistance payment.
(4) If an eligible child is placed in
specialized foster care (SFC) through HCBS and the request for advance payment
is made, the family may receive the one-time advance payment while the child
remains in SFC.
(A) A written plan for the
child's return home is submitted to DDSD State Office before advance payment is
made.
(B) Authorization for ongoing
payment does not begin until DDSD State Office verifies the eligible child has
returned to the family home and Form 06DA033E is signed.
(5) When the family chooses to terminate HCBS
for the Family Support Assistance Payment Program, the family may choose to
reapply for HCBS.
(i)
Required reports. The parent(s) or legal guardian who receives a
family support assistance payment reports in writing:
(1) annually, with a statement or supporting
documentation that the family support assistance payment was used to meet the
special needs of the family;
(2)
immediately, if the parent(s) or legal guardian requests termination of the
family support assistance; and
(3)
immediately, upon occurrence of any event listed in OAC
340:100-13-1(j).
(j)
Termination of payment.
(1) OKDHS
notifies the family no less than ten days prior to the effective date of
termination of the family support assistance payment.
(2) Family support assistance payment
terminates when:
(A) the eligible child
dies;
(B) the child no longer meets
eligibility criteria per OAC 340:100-13-1(b);
(C) the family no longer meets eligibility
criteria per OAC 340:100-13-1(c);
(D) annual reports or verifications required
for continuation of the family support assistance payment are not made timely
per OAC 340:100-13-1(g) and (i); or
(E) reports or verifications required to
approve initial eligibility or determine continued eligibility are determined
false.
(k)
Fair hearings. The parent(s) or legal guardian of the child who is
affected may request, in writing, a hearing by OKDHS, per OAC 340:2-5, within
30 days of the date on the notification of denial of an application or
termination of the family support assistance payment.
(1) If the hearing is requested within ten
days of the date of the notice of adverse action, the assistance payment may be
continued pending the outcome of the hearing.
(A) The family must request continuation of
the assistance payment on the hearing request.
(B) If the family does not indicate on the
hearing request their preference for continuation of assistance payments, the
payments are stopped on the effective date stated in the written notice to the
family.
(2) When a
hearing is requested because termination is due to aging out of the program or
death of the eligible child, continuation of assistance payment is not an
option pending the decision on the appeal.
(3) If assistance payment is continued and
the hearing decision is not in the family's favor, a claim is made against the
family for all payments received during the period between the notice of
termination and hearing.
(l)
Overpayments. If a change is
not reported immediately per OAC 340:100-13-1(i)(3) and a family support
assistance payment is made for which the family or child did not meet
eligibility requirements, an overpayment occurs. In such instances, the family
is required to repay all overpayment amounts.
Added at 10 Ok Reg 2505,
eff 5-24-93 (emergency); Added at 11 Ok Reg 2303, eff 5-26-94; Amended at 15 Ok
Reg 955, eff 1-1-98 (emergency); Amended at 15 Ok Reg 1666, eff 5-11-98;
Amended at 25 Ok Reg 986, eff 5-15-08
