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SENATE FLOOR VERSION
February 15, 2023
AS AMENDED
SENATE BILL NO. 561 By: Haste
[ Temporary Assistance for Needy Families (TANF)
program - substance abuse treatment - denials -
effective date -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 56 O.S. 2021, Section 23 0.52, is
amended to read as follows:
Section 230.52. A. Except for specific exc eptions, conditions
or restrictions authorized by the Statewide Tempor ary Assistance
Responsibility System (STARS) a nd rules promulgated by the
Commission for Director of the Departm ent of Human Services pursuant
thereto, the following are the minimum mand atory requirements for
the Temporary Assistance for Needy Families (TA NF) program:
1. A recipient shall be eligible to receive assistance pursuant
to the TANF program only for a lif etime total of five (5) years,
subject to the exemptions allowed by federa l law. Child-only cases
are not subject to the five -year limitation;
2. Single parents receiving temporary assista nce pursuant to
the TANF program shall participate in work activit ies for a minimum
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of twenty (20) hours per week during the month. Two -parent families
receiving temporary assistance pursuant to the TANF progr am shall
participate in work activities for a minimum of thirty-five (35)
hours per week during the month;
3. A recipient must be engaged in one or more of the work
activities set out i n paragraph 4 of this subsection as soon as
required by the Department of Human Services pursuant to the TANF
program, but not later than twenty -four (24) months after
certification of the application for assistance, unless the person
is exempt from work r equirements under rules promulgated by the
Commission Director pursuant to the STARS;
4. The Department shall devel op and describe categories of
approved work activities for the TAN F program recipients in
accordance with this paragraph. Work activities t hat qualify in
meeting the requirements include, but are not limited t o:
a. (1) unsubsidized employment which is ful l-time
employment or part-time employment that is not
directly supplemented by federal or state funds,
(2) subsidized private sector employm ent which is
employment in a private for -profit enterprise or
a private not-for-profit enterprise that is
directly supplemented by federal or state funds.
Prior to receiving any sub sidy or incentive, the
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employer shall enter into a written contract with
the Department, and
(3) subsidized public sector employment which is
employment by an agency of a federal, state, or
local governmental entity which is directly
supplemented by federa l or state funds. Prior to
receiving any subsidy or incentive, the employ er
shall enter into a written contract with the
Department.
Subsidized hourly employment or unsubsidized hourly
employment pursuant to this subpara graph shall only be
approved by the Department as work activity if such
employment is subject to:
(a) the federal minimum wage requirements
pursuant to the Fair Labor Standards Ac t of
1938, as amended,
(b) the federal Social Security tax and Medicare
tax, and
(c) regulations promulgated pursuant to the
federal Occupational Safety and Health Act
of 1970 and rules promulgated by the State
Department of Labor pursuant thereto,
b. a program of work experience,
c. on-the-job training,
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d. assisted job search whic h may include superv ised or
unsupervised job-seeking activities,
e. job readiness assistance which may include, but is not
limited to:
(1) orientation in the work environment and basic
job-seeking and job retention skills,
(2) instruction in completing an application for
employment and writing a resume, and
(3) instruction in conducting oneself during a job
interview, including appropriate dress, and
(4) substance abuse treatment a nd mental health
counseling,
f. job skills training which is directly related to
employment in a specific occupation for which there is
a written commitment by a n employer to offer
employment to a recipient who successfully completes
the training. Job ski lls training includes, but is
not limited to, customized training designed to meet
the needs of a specific employer or a specific
industry,
g. community service programs which are job-training
activities provided in areas where sufficient public
or private sector employment is not available. Such
activities are linked to both educ ation or training
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and activities that substantially enhance a
recipient’s employability,
h. literacy and adult basic education programs,
i. vocational-educational programs, not to exceed twelve
(12) months for any individual, which are directed
toward vocational-educational training and education
directly related to employment,
j. education programs which are directly related to
specific employment opportunities, if a recipient has
not received a high school diploma or General
Equivalency Degree General Educational Development
certificate, and
k. child care for other STARS recipients. The recipient
must meet training and licensing requirements for
child care providers as required b y the Oklahoma Child
Care Facilities Licensing Act;
5. Single, custodial par ents with a child up to one (1) year of
age may be exempt from work activities for a lifetime total
exemption of twelve (12) mon ths;
6. In order to receive assistance, unmarried teen parents of a
minor child at least twelve (12) weeks of age must particip ate in
educational activities or work activi ties approved by the state;
7. For single-parent families, except for teen parents,
educational activities, other than vocational -technical training, do
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not count toward meeting the required twenty (20) hours of work
activity. For two-parent families, educational activities, except
vocational-technical training, do not count toward meet ing the
required thirty-five (35) hours of work act ivity;
8. A teen parent must live at home or in an approved, adult -
supervised setting as specified in Section 230.55 of this title to
receive TANF assistance;
9. A recipient must comply with immunization requirements
established pursuant to the TANF prog ram;
10. A recipient shall be subject to the increment in benefits
for additional children established by Section 230.58 of this title;
11. The following recipient resources are exempt from resource
determination criteria:
a. an automobile with an equity allowance of not more
than Five Thousand Dollars ($5,000.00) pursuant to
Section 230.53 of this title,
b. individual development accounts est ablished pursuant
to the Family Savings Initiative Act, or individual
development accounts established prior to No vember 1,
1998, pursuant to the provisions of Section 230.54 of
this title in an amount not to exceed Two Thousand
Dollars ($2,000.00),
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c. the equity value of funeral arrangements owned by a
recipient that does not excee d the limitation
specified by Section 165 of this title, and
d. earned income disregards not to exceed One Hundre d
Twenty Dollars ($120.00) and one-half (1/2) of the
remainder of the earned income;
12. 11. An applicant who applies and is otherwise eligible to
receive TANF benefits but who h as resided in this state less than
twelve (12) months shall be subject to Sec tion 230.57 of this title;
13. 12. The recipient shall enter into a pers onal
responsibility agreement with the Department for receipt of
assistance pursuant to Section 230.65 of this title;
14. 13. The Department shall, beginning November 1, 2012 on the
effective date of this act, screen all adult applicants for TANF
recipients as part of the required TANF employability plan to
determine if they are engaged in the illega l use of a controlled
substance or substances. If the Department has made a d etermination
that the applicant recipient is engaged in the illegal use of a
controlled substance or substances, the applicant’s request for TANF
cash benefits shall be denied. The Commission for Human Services
recipient’s TANF employability plan shall include substance abuse
treatment and, if appropriate, mental health counseling, as part of
the assigned work activities required by paragraph 4 of this
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subsection. The Director shall adopt rules to implement the
requirements of this paragraph consistent with the f ollowing:
a. the Department shall create a c ontrolled substance
screening process to be administered at the time of
application during the assessment process that
determines the TANF employability plan. The process
shall, at a minimum, include a Substance Abuse Subtle
Screening Inventory (SASSI) or other similar screening
methods. If necessary to establish a reasonable
expectation of certainty, the Department is authorized
to use further screening methods, which may include,
but are not limited to, a clin ical interview, and
consideration of the Department’s history with the
applicant, and an Addictions Severity Index (ASI) . If
the Department has reasonable cause to believe that
the applicant recipient is engaged in the ille gal use
of a controlled substanc e or substances, the
Department is authorize d, though not required, to
request administration of a chemical drug test , such
as urinalysis. The cost of all such initial
screenings shall not be borne by the applicant
recipient, and
b. if at any time during the controlled substance
screening process, the applicant recipient refuses to
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participate without good cause, that refusal shall
lead to a denial closure of TANF benefits,
c. if the Department, as the result of a controlled
substance screening process, ha s determined that the
applicant is engaged i n the illegal use of a
controlled substance or substa nces, the applicant’s
request for TANF cash benefits shall be denied,
subject to the following:
(1) if there has not already been a chemical drug
test administered as part of the controlled
substance screening process, the applicant may
submit proof of a negative chemical drug test
from a state certified laboratory to challenge
the Department’s finding that the applicant is
engaged in the illegal use of a contro lled
substance or substances. Proof of the chemical
drug test must be submitted to the Departmen t no
later than the tenth calendar day following
denial. If denial is communicate d by mail, the
ten (10) day window begins on the day after the
date of mailing of the denial notice to the
applicant’s last-known address. The denial
notice is considered to be mailed on the date
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that appears on the notice, unless otherwise
indicated by the facts,
(2) if denied due to the provisions of this
subparagraph, an applic ant shall not be approved
until one (1) year has passed since the date of
denial,
(a) if the applicant is denied due to the
provisions of this paragraph, the Department
shall provide a list of substance abuse
treatment programs to the denied applicant,
(b) if an applicant has successfully complied
with a recommended substance abuse treatment
program after the date of denial, the
applicant may be approved for cash benefits
after six (6) months have passed since the
date of denial, rather than the required on e
(1) year, and
(3) if an applicant has been denied TANF cash
benefits two times due to the provi sions of this
subparagraph, the applicant shall be ineligible
for TANF benefits fo r a period of three (3) years
from the date of the second denial,
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d. child-only cases and minor parents under eighteen (1 8)
years of age are not subject to the provisions of this
paragraph, and
e. in cases where the application for TANF benefits is
not for child-only benefits, but there is not a parent
who has been deemed eligible for cash benefits under
the provisions of th is paragraph, any cash benefits
for which the depende nt children of the family are
still eligible shall not be affected and may be
received and administered by an appropriate third
party approved by the Departmen t for the benefit of
the members of the hous ehold;
15. 14. a. As a condition of participating in the STARS, all
recipients are deemed to have given authorization for
the release of any and all information necessary to
allow all state and federal agencies t o meet the
program needs of the recipient.
b. The recipient shall be provided a release form to sign
in order to obtain the required information. Failure
to sign the release form may result in case closure;
and
16. 15. The recipient shall comply with all other conditions
and requirements of the ST ARS, and rules of the Commission
promulgated pursuant theret o.
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B. 1. Agencies of this state involved in providing services to
recipients pursuant to the STARS shall exchange i nformation as
necessary for each ag ency to accomplish objectives and fulfill
obligations created or imposed by the STARS and rules promulga ted
pursuant thereto.
2. Information received pursuant to the STARS shall be
maintained by the applicable agency and , except as otherwise
provided by this subsection, shall be disclosed only in a ccordance
with any confidentiality provisions applicable to the agency
originating the information.
3. The various agencies of the sta te shall execute operating
agreements to facilitate information exchanges pur suant to the
STARS.
C. In implementing the TANF program, the Department shall:
1. Provide assistance t o aliens pursuant to Section 230.73 of
this title;
2. Provide for the clos ure of the TANF case when the adult
recipient refuses to cooperate with agree d upon work activities or
other case requirements pursuant to the TANF program;
3. Provide for the sanc tioning of parents who do not require
their minor children to attend school ; and
4. Deny temporary assistance to fug itive felons.
D. In order to ensur e that the needy citizens of this state are
receiving necessary benefits, the Department shall maintain a
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listing of all recipients receiving public assistance. The listing
shall reflect each recipient’s income, social security number, and
the programs in which the recipient is participating includ ing, but
not limited to, TANF, food stamps, child care, and medical
assistance.
E. The Department is hereby authorized to establish a grant
diversion program and emergency assi stance services.
SECTION 2. This act shall become effective Ju ly 1, 2023.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, a n emergency is hereby
declared to exist, by reason whereof this act shall take e ffect and
be in full force from and after it s passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
February 15, 2023 - DO PASS AS AMENDED