340:40-7-6 Household composition and income consideration

(a) Definition of household composition terms. The worker uses the definitions of household composition terms listed in (1) through (8) of this subsection when determining who is part of the household for income consideration. (1) An adult is an emancipated minor or person 18 years of age and older. A child who is a parent is an adult. (2) A spouse is a person married by ceremony or common-law to another person. They may live together or separately. When they live separately, they are not part of the household unless the separation is temporary or involuntary. (3) A stepparent is a person who is or was a spouse to the child's parent. (4) A caretaker is an adult who lives with, and acts in the role of a parent to the child applying for or receiving subsidized child care benefits. The caretaker may or may not be: (A) related to the child by blood, adoption, or marriage; or (B) legally and financially responsible for the child. (5) The term legally and financially responsible adult is defined as a parent or stepparent of the child who needs child care. The term also includes other caretaker adults who are court-ordered to be legally and financially responsible for the child. This rule does not apply to permanent guardianships established through Oklahoma Human Services (OKDHS) Child Welfare Services. (6) A child is any unmarried, non-emancipated, non-parental person younger than 18 years of age. (7) A child who marries or voluntarily leaves the parental home for any reason other than to attend school or receive medical care, and establishes independent living arrangements is emancipated and treated as an adult. When a child is emancipated, the emancipation is permanent. (8) A sibling is a minor child who has at least one parent in common with another child in the same household. A sibling may also include a step-brother or step-sister. (b) Household composition and income consideration. To establish a child's eligibility for subsidized child care benefits, it is necessary to define who is part of household composition for income consideration. All persons whose income is counted in determining the income eligibility threshold and family share copayment amount are included in family size on the OKDHS Appendix C-4, Child Care Eligibility/Copayment Chart. Persons whose income is considered in determining eligibility are the: (1) natural, adoptive, or stepparent living in the home with the child who needs child care; (2) caretaker(s) of the minor child needing child care when the caretaker is legally and financially responsible for the child; and (3) child needing child care and the child's siblings younger than 18 years of age living in the home. (c) Temporary absence of a household member. (1) When a household member is out of the home due to a temporary absence and intends to return to the home, the person is included in the household composition for income consideration . Any parent or caretaker who remains in the home must meet a need factor, per Oklahoma Administrative Code (OAC) 340:40-7-8. Temporary absences may include, but are not limited to: (A) hospitalization for physical or mental health reasons; (B) incarceration; (C) attending school; (D) military service; (E) working or training away from home; (F) looking for a job away from home; and (G) vacation time for a child. When a child goes to stay with: (i) someone other than a natural or adoptive parent for a vacation, household composition, income, and need is based on the usual home situation. The person the child is staying with must also meet the need factor for child care; or (ii) a non-custodial natural or adoptive parent, the non-custodial parent must apply and qualify for subsidized child care benefits based on the non-custodial parent's own household's eligibility for the visitation time frame. (2) When a child lives with each parent for part of the month, refer to (d) of this Section. (3) When a child lives with a parent for part of the month and a caretaker for the rest of the month, the child's eligibility is based on the parent meeting the eligibility factors, per OAC 340:40-7. The caretaker must also meet a need factor during the time the caretaker has physical custody of the child, per OAC 340:40-7-7. (d) Joint or shared custody. When parents separate or divorce and have joint or shared custody of their child and one or both need child care, each parent applies separately for subsidized child care benefits. (1) Joint or shared custody may be voluntary or court-ordered. (2) The worker determines each parent's eligibility separately. This includes a separate income and need for child care determination. (3) When only one parent qualifies for subsidized child care benefits, the worker only approves child care for the days the qualifying parent meets a need factor for child care and has physical custody of the child. (4) When both parents qualify for subsidized child care benefits, the worker approves each parent only for the days and hours the parent meets a need factor for child care and has physical custody of the child.