Okla. Stat. tit. 56, § 56-164

A. Assistance shall be given under this act:

1. To any needy person who has attained the age of sixty-five

(65) years; provided, however, that when authorized by federal law

or regulations, and in conformity therewith, the age requirement for

needy persons under this act shall be sixty-two (62) years. In

addition to the above age requirements, said needy person shall

possess the following qualifications:

a. shall be residing in this state with intent to remain

in the state at the time assistance is received,

b. has not sufficient income or other resources to

provide for himself or herself,

c. is not an inmate of a public institution as defined by

the Oklahoma Commission for Human Services, and

Oklahoma Statutes - Title 56. Poor Persons Page 46

d. has not made an assignment, transfer or encumbrance of

property for the purpose of rendering himself or

herself eligible for assistance under this act, at any

time within five (5) years immediately preceding the

filing of an application for assistance;

2. To any needy person who is blind and who possesses the

following qualifications:

a. shall be residing in this state with intent to remain

in this state at the time assistance is received,

b. has not sufficient income or other resources to

provide for himself or herself,

c. is not an inmate of a public institution as defined by

the Oklahoma Commission for Human Services,

d. has not made an assignment, transfer or encumbrance of

property so as to render himself or herself eligible

for assistance under this act at any time within five

(5) years immediately preceding the filing of an

application for assistance, and

e. shall not, during the period of receiving assistance,

solicit alms;

3. To any child possessing the following qualifications:

a. is crippled or is suffering from conditions which may

lead to crippling,

b. is in need of medical, surgical, corrective or other

services and care,

c. has not sufficient income or other resources to

provide such medical, surgical, corrective or other

services and care,

d. has no relatives who are financially able and who are

required by law to provide such services and care,

e. shall be residing in this state with intent to remain

in the state at the time assistance is received, and

f. who is not receiving adequate aid under other

provisions of law;

4. To or on behalf of any dependent child who is under the age

of eighteen (18) years of age or will graduate from high school

prior to reaching nineteen (19) years of age and who possesses the

following qualifications:

a. shall be residing in this state with intent to remain

in the state at the time assistance is received,

b. has been deprived of parental support or care by

reason of the death, continued absence from the home,

or physical or mental incapacity of a parent, and who

is living with a relative of the proper degree as

designated by the Commission for Human Services in a

place of residence maintained by one or more of such

relatives as his or their own home,

Oklahoma Statutes - Title 56. Poor Persons Page 47

c. has not sufficient income or other resources to

provide for himself, and

d. is a resident of the state at the time of receiving

assistance.

As an incentive to accept employment, an amount as established

by the Commission for Human Services may be disregarded in the

determination of the amount of earned income to be considered

against the grant of aid to families with dependent children.

Incapacitated parents of dependent children and all other

disabled persons receiving public assistance from the Department of

Human Services, who, considering age, degree of incapacity, and

ability to work, appear to be able to return to a status of self-

support through surgery, medical treatment, vocational training, and

selective placement, or any one or any combination of these

services, shall be referred to the State Department of
nd all other

disabled persons receiving public assistance from the Department of

Human Services, who, considering age, degree of incapacity, and

ability to work, appear to be able to return to a status of self-

support through surgery, medical treatment, vocational training, and

selective placement, or any one or any combination of these

services, shall be referred to the State Department of

Rehabilitation Services, and encouraged to accept such

rehabilitation services as may be available to them. The Department

of Human Services and the State Department of Rehabilitation

Services are directed to jointly formulate an agreement for the

orderly referral of such cases, and the prevention of duplication of

effort and expense, and the full implementation of this policy, such

agreement to become effective when approved by the Oklahoma Public

Welfare Commission and the Commission for Rehabilitation Services;

provided that, in cases where either parent would be required to

support such child or children except for his or her physical

incapacity, it is the duty of the Director of the Department of

Human Services to furnish the name of such parent to the State

Department of Rehabilitation Services. The State Department of

Rehabilitation Services shall review the available medical and

social information and shall contact such parent, if it can be

ascertained that he or she can be rehabilitated. If such parent

refuses to allow an examination by the State Department of

Rehabilitation Services, the State Department of Rehabilitation

Services shall so notify the Director of the Department of Human

Services and the children of such parent may be immediately removed

from the welfare rolls. If said parent submits to examination and

it is found that he or she can be rehabilitated, the State

Department of Rehabilitation Services shall proceed to rehabilitate

him or her. If said parent refuses to submit himself or herself for

rehabilitation, whether by medical treatment or otherwise, said

service shall so certify to the Director of the Department of Human

Services who may immediately order the children of said parent

removed from the welfare rolls; and

5. To any needy person who is permanently and totally disabled

and who possesses the following qualifications:

a. shall be residing in this state with intent to remain

in the state at the time assistance is received,

Oklahoma Statutes - Title 56. Poor Persons Page 48

b. has not sufficient income or other resources to

provide for himself or herself; provided, that the

resources or income of a person's parents shall be

considered in determining his or her eligibility for

assistance for persons under eighteen (18) years of

age; provided further, that no person shall be

eligible to receive assistance under this subsection

for any period of time with respect to which he or she

receives assistance under any other provision of the

section of which this subsection is a part,

c. is not an inmate of a public institution as defined by

the Oklahoma Commission for Human Services, and

d. has not made an assignment, transfer or encumbrance of

property so as to render himself or herself eligible

for assistance under this act, at any time within five

(5) years immediately preceding the filing of an

application for assistance.

B. Eligibility for assistance under provisions of this

subsection shall be determined under rules promulgated, from time to

time, by the Department of Human Services as provided by law.

Added by State Question No. 226, Initiative Petition No. 155, § 4,

adopted July 7, 1936. Amended by Laws 1939, p. 89, § 4, emerg. eff.

May 9, 1939; Laws 1945, p. 182, § 1, emerg. eff. April 17, 1945;