Okla. Admin. Code § 340:40-7-5

Current through Vol. 42, No. 6, December 2, 2024

Section 340:40-7-5 - Resources, residence, and citizenship

(a) Household resources must not exceed $1,000,000 for subsidized child care, per Section 658P(4) of the Child Care and Development Block Grant Act of 2014, Public Law 113-186 (P.L. 113-186). Resources include, but are not limited to:

(1) liquid resources, such as cash;

(2) financial institution account balances;

(3) certificates of deposit;

(4) stocks;

(5) bonds; and

(6) real property other than home property.

(b) A parent or caretaker's statement that he or she lives in Oklahoma meets the residence requirement for child care.

(c) Only the child for whom child care is requested must meet the citizenship and alienage requirements.

(1) A child eligible to be included in a child care benefit must be a:

(A) citizen or a national of the United States (U.S.), including the 50 states, District of Columbia, Commonwealth of Puerto Rico, Virgin Islands, Guam, American Samoa, and Northern Mariana Islands. The child may be a citizen of the U.S. by being born in the U.S. or by being born in some other country but moving to the U.S. and being granted U.S. citizenship through the U.S. Citizenship and Immigration Services (USCIS), a bureau of the Department of Homeland Security; or

(B) qualified alien:

(i) who is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA);

(ii) who is paroled into the U.S., per Section 212(d)(5) of INA, 8 United States Code (U.S.C.) 1182, for a period of at least one year;

(iii) who is granted conditional entry, per Section 203(a)(7) of INA, 8 U.S.C. 1153, as in effect prior to April 1, 1980;

(iv) who is granted asylum, per Section 208 of INA;

(v) who is admitted to the U.S. as a refugee, per Section 207 of INA, 8 U.S.C. 1157;

(vi) whose deportation is withheld, per Section 241(b)(3) of INA;

(vii) who is a Cuban or Haitian entrant, per Section 501(e) of the Refugee Education Assistance Act of 1980;

(viii) who was battered or whose parent or caretaker was battered, per Section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act as amended, per 8 U.S.C. 1641(c);

(ix) who was a victim or whose parent or caretaker was a victim of a severe form of trafficking, per Section 107(b) of the Trafficking Victims Protection Act of 2000 that was reauthorized and amended, per Trafficking Victim's Protection Reauthorization Act of 2003;

(x) who is an Afghan non-special immigrant parolee, known as a humanitarian parolee, per the Afghanistan Supplemental Appropriations Act 2022 enacted on September 30, 2021, Section 2502 of P.L. 117-43, as modified by Section 106(3) and 149(a) of the Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023, P. L. 117-180, paroled into the U.S. between July 31, 2021 and December 16, 2022, and meets all other factors of eligibility from October 1, 2021 until March 31, 2023, or the term of parole, whichever is longer; or

(xi) who is a Ukrainian citizen or national or person who last habitually resided in Ukraine and received parole per Section 401 of the Additional Ukraine Supplemental Appropriations Act of 2022, P.L. 117-128. The parole must occur between February 24, 2022, and September 30, 2023; if after September 30, 2023, the parolee must be the child of a Ukrainian parolee who was paroled between February 24, 2022 and September 30, 2023.

(2) A declaration of citizenship and alien status is required for all children included in the child care benefit. This requirement is met when an adult member of the household completes and signs the application or renewal attesting to the citizenship and alien status for all children included in the benefit. Refer to Oklahoma Administrative Code (OAC) 340:65-3-1(g) for additional citizenship requirements for persons 14 years of age and older, per Section 71 of Title 56 and Section 20j of Title 74 of the Oklahoma Statutes.

(3) The worker must verify the alien status of an alien child through the United States Citizenship and Immigration Services (USCIS) Systematic Alien Verification for Entitlements (SAVE). When SAVE indicates that the child's alien status documents must be submitted to the USCIS, the worker must not delay, deny, close, or reduce benefits to an alien pending USCIS verification of submitted documentation.

Okla. Admin. Code § 340:40-7-5

Added at 17 Ok Reg 25, eff 10-1-99 (emergency); Added at 17 Ok Reg 1244, eff 6-1-00; Amended at 21 Ok Reg 1358, eff 7-1-04; Amended at 25 Ok Reg 920, eff 6-1-08; Amended at 26 Ok Reg 178, eff 11-1-08 (emergency); Amended at 26 Ok Reg 820, eff 6-1-09; Amended at 34 Ok Reg 58, eff 10-1-16 (emergency)

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 10/1/2017

Amended by Oklahoma Register, Volume 39, Issue 10, February 1, 2022, eff. 12/21/2021

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024