Okla. Admin. Code § 340:100-13-1

Current through Vol. 42, No. 3, October 15, 2024

Section 340:100-13-1 - Family Support Assistance Payment Program

(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.

Okla. Admin. Code § 340:100-13-1

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