Oklahoma Administrative Code Title 340 - Department of Human Services
Overview: Oklahoma Administrative Code Title 340 - Department of Human Services
Title 340 governs the rules and regulations for the Oklahoma Department of Human Services (DHS). DHS administers a wide range of social services, including child welfare, adult protective services, public assistance programs (like SNAP, TANF), and services for individuals with disabilities, among others.
The administrative code sets out procedural rules, eligibility criteria, and operational guidelines for these programs to ensure consistent and fair application of state services.
Key Areas of Title 340
Child Welfare Services
Includes protective services for children, foster care, adoption procedures, and family support.
Rules address how DHS investigates reports of abuse or neglect, placement standards for foster children, and rights of parents and children.
Adult Services
Rules for protecting vulnerable adults, including procedures for investigations of abuse, neglect, or exploitation.
Administration of guardianship and protective services.
Public Assistance Programs
Eligibility and benefit levels for programs such as Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Medicaid, and child care assistance.
Procedures for application, redetermination, and appeals.
Administrative Procedures
Guidelines for hearings, appeals, and administrative reviews related to DHS decisions.
Due process protections for individuals affected by DHS actions.
Explanation of Important Provisions
Eligibility and Application Process (Title 340, Chapters on Public Assistance)
Applicants must submit required documentation to establish eligibility.
DHS has specific timelines to act on applications and notify applicants of approval or denial.
Applicants denied benefits have a right to a hearing under administrative procedures.
Child Protective Services (CPS)
Mandated reporters must notify DHS of suspected child abuse or neglect.
DHS must conduct investigations in a timely manner.
If a child is removed from the home, DHS must follow placement procedures prioritizing family reunification.
Hearings and Appeals
If DHS denies or terminates benefits, the affected person may request an administrative hearing.
Hearings are conducted by an impartial hearing officer.
The decision may be appealed to district court under judicial review statutes.
Case Law Related to Title 340
1. In re J.B., 1995 OK CIV APP 41
Case involved DHS removing a child based on alleged neglect.
The court emphasized that DHS must follow procedural rules under Title 340, including timely investigation and proper notification.
The case clarified DHS’s duty to ensure due process before removing children.
2. Smith v. Oklahoma Dept. of Human Services, 2001 OK 45
This case involved the denial of TANF benefits.
The Oklahoma Supreme Court ruled that DHS must strictly comply with administrative rules regarding eligibility and provide fair hearings.
It reinforced the requirement for clear notice and opportunity to appeal.
3. Jones v. Dept. of Human Services, 2010 OK CIV APP 110
This case addressed adult protective services and guardianship.
Court found that DHS must follow the specific administrative procedures in Title 340 when appointing guardians, including adequate investigation and hearing rights.
Summary
Title 340 codifies how DHS operates across many critical social service areas.
It balances the state’s responsibility to protect vulnerable populations with procedural safeguards.
Oklahoma courts consistently uphold the importance of following the rules and procedures in Title 340 to protect individuals’ rights.
DHS decisions must be supported by evidence and proper procedures, and affected parties have the right to challenge those decisions through administrative hearings and judicial review.
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