Okla. Admin. Code § 317:35-5-7

Current through Vol. 42, No. 4, November 1, 2024

Section 317:35-5-7 - Determining categorical relationship to the children and parent and caretaker relative groups

(a)Categorical relationship. All individuals under age nineteen (19) are automatically related to the children's group and further determination is not required. Adults age nineteen (19) or older are related to the parent and caretaker relative group when there is a minor dependent child(ren) in the home and the individual is the parent, or is the caretaker relative other than the parent who meets the proper degree of relationship. A minor dependent child is any child who meets the AFDC eligibility requirements of age and relationship.

(b)Requirement for referral to the Oklahoma Child Support Services Division (OCSS). As a condition of eligibility, when both the parent or caretaker and minor child(ren) are receiving SoonerCare and a parent is absent from the home, the parent or caretaker relative must agree to cooperate with OCSS.However, cooperation with OCSS is not required in the following instances:

(1) OCSS made a good cause determination that cooperation is not in the best interest of the child;

(2) The child is eligible for health care services through the Indian Health Service and the child support case was or would have been opened because of a Medicaid referral based solely on health care services provided through an Indian Health Program, in accordance with Section 533.152 of Title of the Code of Federal Regulations; or

(3) The SoonerCare application is only for child(ren) and/or pregnant women.

Okla. Admin. Code § 317:35-5-7

Added at 12 Ok Reg 753, eff 1-6-95 through 7-14-95 (emergency); Added at 12 Ok Reg 3133, eff 7-27-95 ; Amended at 13 Ok Reg 911, eff 8-1-95 (emergency); Amended at 13 Ok Reg 2537, eff 6-27-96 ; Amended at 17 Ok Reg 2410, eff 6-26-00 ; Amended at 19 Ok Reg 136, eff 9-1-01 (emergency); Amended at 19 Ok Reg 2149, eff 6-27-02 ; Amended at 21 Ok Reg 2234, eff 6-25-04 ; Amended at 23 Ok Reg 268, eff 9-1-05 (emergency); Amended at 23 Ok Reg 1378, eff 5-25-06 ; Amended at 27 Ok Reg 1481, eff 6-11-10 ; Amended at 30 Ok Reg 1209, eff 7-1-13

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Amended by Oklahoma Register, Volume 38, Issue 09, January 15, 2021, eff. 12/18/2020

Amended by Oklahoma Register, Volume 38, Issue 23, August 16, 2021, eff. 9/1/2021