Current through Vol. 42, No. 1, September 16, 2024
(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, Oklahoma Human Services (OKDHS) provides
subsidized child care benefits.
(1) The
worker arranges to obtain need factor documentation from the client or
collateral sources.
(2) The worker
and client negotiate the amount of travel time allowed for an activity based on
what is a reasonable length of time.
(3) The worker does not approve child care
for the hours the child attends public or private school, Head Start, or an
Early Head Start program. An Early Head Start-Child Care Partnership (EHS-CCP)
grant program and an Oklahoma Early Childhood Program (OECP) is exempt from
this rule.
(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, per Oklahoma Administrative Code (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, per OAC
340:40-7-8(a)(5);
(3) parent or caretaker attends a
training or formal education program designed to lead to employment, per OAC
340:40-7-8(b)
and (c);
(4) parent or caretaker attends high school,
high school equivalency classes, literacy, adult basic education (ABE), or
English as a Second Language (ESL) classes, per OAC
340:40-7-8(c);
(5) parent or caretaker participates in
Supplemental Nutrition Assistance Program (SNAP) Education and Training
(E&T) activities, per OAC 340-7-8(d);
(6) parent or caretaker participates in an
approved Temporary Assistance for Needy Families (TANF) Work activity, per OAC
340:10-2-1;
(7) child needs care or supervision for part
of the day as a protective or preventive service, per OAC
340:40-7-8(f);
(8) child receives Supplemental Security
Income (SSI) and needs care for enrichment purposes, per OAC
340:40-7-8(g);
or
(9) parent or caretaker needs
child care to search for employment, per OAC
340:40-7-8(a)(6).
(c)
Need factor for two-parent or
two-caretaker families. Two-parent or two-caretaker families include two
natural or adoptive parents, the natural parent and a stepparent, two
grandparents, other relative married couples, or other non-relative married
couples. When an unmarried couple applies, only the natural or adoptive parent
must meet a need factor. The need for subsidized child care is met when:
(1) both parents or caretakers work during
the same hours they request child care, per 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, per OAC
340:40-7-8(a)(5).
When both parents do not work night hours, one parent must work during the
other parent's sleep time hours;
(3) one parent or caretaker attends a formal
education or training program, per OAC
340:40-7-8(b)
or (c) during the same hours the other parent
or caretaker works, per OAC
340:40-7-8(a);
(4) both parents or caretakers attend high
school, per OAC
340:40-7-8(c);
(5) one parent or caretaker attends high
school during the same hours the other parent or caretaker works or attends a
formal education or post high school training program, per OAC
340:40-7-8(a)
through (c);
(6) one parent or caretaker attends high
school equivalency classes, literacy, ABE, or ESL classes, per OAC
340:40-7-8(c)(2)
or (3) during the same hours the other parent
or caretaker works, per OAC
340:40-7-8(a);
(7) one or both parents or caretakers
participates in SNAP E&T activities per OAC 340-7-8(d). When one parent or
caretaker is not participating in SNAP E&T activities, he or she must meet
a need factor during the same hours, per OAC
340:40-7-8;
(8) one or both parents or caretakers
participate in approved TANF Work activities, per OAC
340:10-2-1.
When one parent or caretaker is not participating in TANF Work activities, that
parent must meet a need factor, per OAC
340:40-7-8
during the same hours;
(9) the
child needs care or supervision for part of the day as a protective or
preventive service, per OAC
340:40-7-8(f);
(10) the child receives SSI and needs care
for enrichment purposes, per OAC
340:40-7-8(g);
(11) one parent or caretaker is incarcerated
and the other parent remains in the home. In this instance, the parent
remaining in the home is treated as a single parent; or
(12) one or both parents or caretakers need
child care to search for employment, per OAC
340:40-7-8(a)(6).
(d)
Need factor in
joint custody cases. When parents are separated or divorced and share
custody of their child, voluntarily or through a court order, each parent's
income and need for child care is considered separately.
(e)
Need factor for a child attending
an EHS-CCP grant program or an OECP. A child attending an EHS-CC
Partnership grant program or an OECP may be approved for a weekly unit type
when the parent or caretaker qualifies for Child Care Subsidy and meets a need
factor, per (b) or (c) of this Section for some of the EHS-CC Partnership grant
program or OECP care hours.
(f)
Activities that do not meet the need factor for child care. The
need factor for child care is not met and child care must not be approved for:
(1) job search for more than one three-month
period every 12 months, per OAC
340:40-7-8(a)(6),
unless the parent(s) or caretaker(s) is participating in TANF Work activities,
per OAC
340:10-2-1;
(2) online 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, per OAC
340:40-7-8(b)
and (c);
(3) undergraduate classes or other training
not expected to lead to a degree or certificate of completion, per OAC
340:40-7-8(b)
and (c);
(4) post graduate education, such as master's
and doctoral programs;
(5)
two-parent or two-caretaker families when both attend a formal education or
training program during the same days and hours;
(6) transportation only;
(7) volunteer hours or jury duty;
(8) hours a school-age child could attend a
public or private school, but the parent or caretaker chooses to home school
the child at night; and
(9)
children in Child Welfare Services foster care, when one or both foster parents
do not meet child care eligibility rules, per OAC
340:75-7-65.
Added at 17 Ok Reg 25, eff 10-1-99 (emergency); Added at
17 Ok Reg 1244, eff 6-1-00 ; Amended at 17 Ok Reg 3583, eff 10-1-00 (emergency)
; Amended at 18 Ok Reg 1236, eff 5-11-01 ; Amended at 19 Ok Reg 195, eff
1-01-02 (emergency); Amended at 19 Ok Reg 1757, eff 6-14-02 ; Amended at 21 Ok
Reg 1358, eff 7-1-04 ; Amended at 23 Ok Reg 1872, eff 7-1-06 ; Amended at 30 Ok
Reg 658, eff 6-1-13
