Deprivation FAQs

1. Deprivation due to death – What verification is needed in the death of a parent?
   Verification of a parent’s death is documented in the case record. Verification may include death certificate, obituary notice from newspaper, funeral programs or notices pertaining to the deceased. OAC 340: 10-10-1 and Instructions to Staff, #2
2. Deprivation due to physical or mental incapacity – What is the correct procedure to determine incapacity of a natural or adoptive parent?
   At least 1 of 8 factors listed in OAC 340:10-10-2 (b) (1 – 8) must be evident, but may not automatically determine incapacity. Refer to Instructions to Staff, #1, explaining procedure to complete Form 08MA022E (Form ABCDM-80-D), Medical Social Summary. Completion of the medical social summary, provision of all pertinent clinical evidence explaining medical diagnosis are then forwarded to Oklahoma Health Care Authority, Level of Care Evaluation Unit (LCEU) for final determination. The LCEU sends their determination through the MDL screens. Special Note: If, at the time of TANF application, incapacity of a parent who is currently receiving Social Security Administration (SSA) disability benefits, SSI due to disability or blindness, or a State Supplemental Payment (SSP) for the blind or disabled, then incapacity has been established for TANF.
3. Deprivation due to unemployment – What are the determining factors that must be present to meet Unemployed Parent criteria?
   The principle wage earner (PWE) must be available for work; must be considered unemployed or under employed; and must have a verified work history. Steps taken to determine UP deprivation should be documented in case notes. OAC 340: 10-10-3 (c). If the PWE is not available for work due to ongoing illness, follow procedures for incapacity as outlined in Question # 2. If the household consists of mother, father and child in common and neither parent is employed, both parents are available to participate in TANF Work. Deprivation may exist if the parents qualify for Unemployed Parent. This is established when both the natural or adoptive parents are residing with the child and the parent determined to be the principal wage earner (PWE) meets the conditions to qualify as unemployed. The PWE must be available to participate in TANF Work. OAC 340:10-10-3
4. Deprivation due to continued absence – What criteria must be met to determine absence of a parent?
   The worker asks if there is only one primary caretaker or are the parents sharing parental responsibilities. If the parents are equally sharing parental responsibilities, deprivation does not exist. Refer to 10-10-4 (a) (2) and Instructions to Staff, #1 and #2. If absence is due to interruption or termination of parent’s ability to provide for the child, or a parent who is a convicted offender is permitted to live in the home performing unpaid community service, they meet deprivation criteria. However, if the parent is absent solely due to employment, looking for employment, education or on active duty, this does not meet deprivation criteria.
5. What paperwork do I need to do for an Unemployed Parent case?
   UP cases require documenting the work history of both parents to first determine the primary wage earner. At the face to face interview the SSS completes the 08TA002E (FSS-UP-1) to determine which parent is the PWE. The 0851003E (FSS-UP-2) is used to determine the work history of the PWE. OAC 340:10-10-3
6. What are TANF Work requirements for an Unemployed Parent case?
   One parent is required to do 35 hours a week and the spouse is required to do 30 hours per week in a TANF Work activity. OAC 340:10-2-1(2)(iii). The Work Participation Report FS155M1T will provide participation on 2-parent households and is broken down by Area, County, Worker.
7. Household consists of mother, father, and child in common. Both parents are unemployed. Neither parent is available for TANF Work due to health issues. Does deprivation exist and if so, what is deprivation based on?
   Deprivation may exist based on incapacity. Incapacity is established when the physical or mental incapacity of a natural or adoptive parent substantially reduces or eliminates the parent’s ability to support or care for otherwise eligible child(ren) for at least a 30-day period. OAC 340:10-10-2
8. What paperwork do I need to obtain an incapacity decision?
   Incapacity cases require determination of incapacity from the Oklahoma Health Care Authority, LCEU (Level of Care Evaluation Unit. Form 08MA022E (ABCDM-80-D) is completed with the client and submitted to LCEU along with supporting documentation. OAC 340:10-10-2
9. What are the TANF Work requirements for an incapacity case?
   The incapacitated parent is not required to participate in TANF Work. This individual is coded in FACS as DI (Disabled Individual) for work registration. The spouse is required to participate in TANF Work for 30 hours unless he or she is required to be caretaker for the incapacitated spouse. In this instance, the spouse is coded CD (Caretaker of Disabled Individual) for work registration. OAC 340:10-10-2 (2)(ii)