ORS Chapter 412
Chapter 412 — TemporaryAssistance for Needy Families
2009 EDITION
TEMPORARYASSISTANCE FOR NEEDY FAMILIES
HUMANSERVICES; JUVENILE CODE; CORRECTIONS
412.001 Definitions
412.006 Eligibilityfor aid; assessment; JOBS participation; rules
412.009 Determinationof amount of aid; engagement in JOBS; disqualification; rules
412.014 StateFamily Pre-SSI/SSDI program; rules
412.016 Enrollmentin educational institution as allowable work activity
412.017 Limitationon enrollment in educational institution
412.024 Assignmentof support rights; cooperation required for establishing paternity of child orobtaining support; exceptions; sanctions; rules
412.026 Paymentof aid to individual other than relative; rules
412.028 Petitionfor and appointment of guardian or conservator; costs; compensation
412.029 Expenditureslimited to needs of beneficiary; rules
412.034 Denialof aid when unemployed parent refuses employment
412.039 Cooperationof department with Director of Employment Department to find employment forparent
412.044 Cooperationwith other agencies to provide vocational training
412.049 Powersand duties of department; rules
412.054 Applicationfor aid
412.059 Investigationof eligibility of child; rules
412.064 Authorityto determine eligibility
412.069 Appealfrom denial of or failure to act on application or from modification orcancellation of aid
412.074 Useand custody of records of temporary assistance for needy families program;rules
412.076 Policyon encouraging self-care and self-support
412.079 Timelimits; exceptions; rules
412.084 Minorparents; eligibility to receive support services
412.089 Referralto mental health or drug abuse professional; provision of resources; stafftraining
412.094 Publicofficials to cooperate in locating and furnishing information concerningparents of children receiving or applying to receive public assistance and inprosecuting nonsupport cases; use of information restricted
412.099 Sharingaid prohibited; defense
412.104 Reportrequired where subsistence or lodging provided nonrecipient; rules
412.109 Policyon absent parent
412.114 Whenchild deprived of parental support of absent parent; effect of joint custodydecree
412.124 Post-TANFaid to employed families; rules
412.139 Dutiesof department relating to federal law
412.144 Dutiesof department relating to other agencies
412.151 Directdeposit services; statewide electronic benefits transfer system
412.155 Additionalmonthly payments of elderly rental assistance
412.161 Policyon two-parent families
412.991 Criminalpenalties
Note: Section 22,chapter 827, Oregon Laws 2009, provides:
Sec.22.For the biennium beginning July 1, 2009, the Department of Human Services isauthorized to implement one or more of the following reductions in temporaryassistance for needy families. The department may, notwithstanding ORS 411.070and 412.009:
(1)Deny aid to a family in which a caretaker relative is disqualified fromreceiving unemployment insurance based upon the reason for the separation fromemployment.
(2)Reduce the monthly aid paid to a family under ORS 412.124 to $100 for theperiod ending September 30, 2010, and to $50 for the period beginning October1, 2010.
(3)Establish an income eligibility limit equal to 185 percent of the federalpoverty guidelines for aid to a dependent child residing with a caretakerrelative who is not the child’s parent.
(4)Restrict access to activities that promote family stability and financialindependence described in ORS 412.006 (5).
(5)Deny employment-related day care assistance to a parent who is self-employed.
(6)Eliminate the reduced copayment required for employment-related day careassistance in the first month of employment.
(7)Beginning July 1, 2010, restrict employment-related day care assistance tothose families that have received temporary assistance for needy families inthe 24-month period prior to the date of application for employment-related daycare assistance. [2009 c.827 §22]
412.001Definitions.As used in ORS 412.001 to 412.155 and 418.647, unless the context or aspecially applicable statutory definition requires otherwise:
(1)“Aid” means money payments with respect to, or on behalf of, a dependent childor children and includes:
(a)Money payments to meet the needs of the relative with whom the child is livingand the spouse of the relative if the spouse lives with the relative, therelative is the child’s parent and the child is a dependent child by reason ofthe physical or mental incapacity, or the unemployment or underemployment, of aparent; or
(b)Payments made to a representative payee or guardian pursuant to ORS 412.026 or412.028.
(2)“Caretaker relative” means a dependent child’s father, mother, grandfather,grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister,uncle, aunt, first cousin, nephew or niece who lives in a residence maintainedby one or more of the relatives as the child’s or the relative’s own home.
(3)(a)“Dependent child” means a needy child:
(A)Who has been deprived of parental support or care by reason of the death,continued absence from the home or physical or mental incapacity, orunemployment or underemployment, of a parent;
(B)Whose caretaker relatives are not able to provide adequate care and support forthe child without public assistance, as defined in ORS 411.010;
(C)Who lives with a caretaker relative; and
(D)Who meets the requirements of paragraph (b) of this subsection.
(b)(A)Except as provided in subparagraphs (B) and (C) of this paragraph, a “dependentchild” must be under the age of 18 years.
(B)A child may qualify as a “dependent child,” subject to the availability offunds, if the child is 18 or 19 or 20 years of age and a student regularlyattending a school in grade 12 or below or regularly attending a course ofprofessional or technical training designed to fit the child for gainfulemployment, other than a course provided by or through a college or university.
(C)Students under the age of 21 years and regularly attending a school, college oruniversity or regularly attending a course of professional or technicaltraining designed to fit the child for gainful employment may be included inthe description in subparagraph (B) of this paragraph at the option of theDepartment of Human Services.
(4)“Federally required participation rates” means the participation rates asrequired by section 407 of the Social Security Act.
(5)“Representative payee” means an individual designated by the department toreceive money payments of aid pursuant to ORS 412.026. [Formerly 418.035]
412.005 [1961 c.633 §2;1965 c.94 §1; 1969 c.69 §1; 1969 c.597 §246; 1973 c.651 §3; 2001 c.900 §98;repealed by 2005 c.381 §30]
412.006Eligibility for aid; assessment; JOBS participation; rules. (1) Aid pursuantto the temporary assistance for needy families program shall be granted underthis section to any dependent child who is living in a home meeting thestandards of care and health fixed by the rules of the Department of HumanServices and who is a resident of the State of Oregon, if a parent or caretakerrelative with whom the child is living is a resident of the State of Oregon.
(2)Except as provided in subsections (7) and (8) of this section, a needycaretaker relative may be required to participate in the job opportunity andbasic skills program that is described in subsections (3) to (6) of thissection.
(3)The department shall use a basic assessment tool to determine if a needycaretaker relative applying for or receiving aid under this section has or mayhave a barrier to employment or to family stability. If the basic assessmenttool indicates that there is or may be a barrier, the needy caretaker relativeshall be referred for an in-depth assessment by a person with relevantexpertise or specialized training.
(4)Based upon the assessment described in subsection (3) of this section, thedepartment, in cooperation with appropriate partner agencies or professionals,shall work with the participant to create an effective individualized case planthat establishes goals and identifies suitable activities that promote familystability and financial independence.
(5)Suitable activities may include:
(a)Job readiness activities or employment;
(b)Vocational rehabilitation or training;
(c)Remedial, secondary or post-secondary education;
(d)Community service; or
(e)Other activities that reduce or eliminate barriers to full participation in theprogram or to employment.
(6)For individuals with disabilities, the goal of the individualized case planmust be to promote greater independence and may include physical or mentalhealth evaluation or treatment.
(7)A needy caretaker relative receiving aid under ORS 412.001 to 412.069 mayvolunteer for but may not be required to participate in the job opportunity andbasic skills program:
(a)More than 10 hours per week during the first two months of the third trimesterof the parent’s pregnancy;
(b)During the last month of the parent’s pregnancy;
(c)If the needy caretaker relative is experiencing medical complications due topregnancy that prohibit participation in activities in the program;
(d)For one parent per family, during the first six months after the birth of achild, up to a total of 12 months per family except that:
(A)The department may require a parent to participate in suitable activities, witha preference for educational activities, 16 weeks after the birth of a child ifthe parent is under 20 years of age; and
(B)The department may require a parent of a child under 12 months of age toparticipate in evidence-based parenting classes or family stability activities;or
(e)If participation is likely to cause undue hardship or is contrary to the bestinterests of the child or needy caretaker relative.
(8)The department shall adopt rules to carry out the provisions of this section. [Formerly418.040; 2009 c.11 §53]
412.009Determination of amount of aid; engagement in JOBS; disqualification; rules. (1) The needfor and amount of aid pursuant to the temporary assistance for needy familiesto be granted for any dependent child or relative pursuant to ORS 412.006 shallbe determined, in accordance with the rules of the Department of HumanServices, taking into account:
(a)The income, resources and maintenance available to such child and relative fromwhatever source derived, allowable deductions and the statewide income andpayment standards.
(b)The income and financial condition of the stepparent, if any, of the child forwhom aid is sought.
(2)Subsection (1)(b) of this section is not intended to relieve any parent of anylegal obligation in respect of the support of the natural or adopted childrenof the parent.
(3)In determining the need for and amount of aid to be granted under subsection(1) of this section and under ORS 411.070, the department shall:
(a)Disregard no less than $50 of the amount of child support received for eachchild per month, up to a total of $200 or the maximum established by federallaw, for the family; and
(b)Disregard any other amounts of income and resources of the family as thedepartment may prescribe by rule.
(4)The department by rule shall adopt proven methods of encouraging participants’full engagement in the job opportunity and basic skills program, including thedevelopment of an individualized case plan in accordance with ORS 412.006.
(5)(a)The department may not reduce the family’s aid payment as a method ofencouraging full engagement in the job opportunity and basic skills programpursuant to subsection (4) of this section until the department determines thatthe noncompliant needy caretaker relative:
(A)Has no barriers or refuses to take appropriate steps to address identifiedbarriers to participation in the program;
(B)Has the ability to be fully engaged in the program as defined by the departmentby rule; and
(C)Is willfully noncompliant with the requirements of the individualized caseplan.
(b)The department may not reduce aid payments under this subsection to families:
(A)Receiving aid pursuant to ORS 412.014 or 412.124;
(B)In which the caretaker relative participates in suitable activities for thenumber of hours required each month to satisfy federally required participationrates; or
(C)Until the department has screened for and, if appropriate, assessed barriers toparticipation, including but not limited to physical or mental health needs,substance abuse, domestic violence or learning needs.
(c)The department may not reduce aid payments under this subsection beforeassessing the risk of harm posed to the children in the household by thereduction in aid payments and taking steps to ameliorate the risk.
(6)(a)The department may reduce the aid payment to a family in accordance withsubsection (5) of this section following notice and an opportunity for ahearing under ORS chapter 183, as follows:
(A)The department may reduce the aid payment by the portion attributable to theneeds of the noncompliant individual for up to three months.
(B)After three months of noncompliance and subject to subsection (5)(c) of thissection, the department may terminate the aid payment to the family.
(b)Any reduction or termination in aid under this section may continue until thenoncompliant individual participates in suitable activities required by thecase plan for two consecutive weeks.
(c)A caretaker relative may request a hearing to contest the basis for a reductionin or termination of an aid payment within 90 days of a reduction in ortermination of aid.
(7)Every six months, the department shall report to the Family Services ReviewCommission established under ORS 411.075 the status of and outcomes forfamilies for whom aid has been reduced or terminated under subsection (6) ofthis section. The department shall work with the commission to establish thedetails to be provided in the report. [Formerly 418.045]
412.010 [Repealed by1961 c.633 §14]
412.014State Family Pre-SSI/SSDI program; rules. (1) There is created in theDepartment of Human Services the State Family Pre-SSI/SSDI program. Thedepartment shall provide aid under this section to families that are eligiblefor temporary assistance for needy families under ORS 412.001 to 412.069 andthat include a needy caretaker relative who is unable to maintain substantialgainful activity due to a disability or combination of disabilities that meetthe criteria of section 216 of the Social Security Act.
(2)The department shall assist families receiving aid under this section inqualifying for federal Supplemental Security Income and Social Securitydisability benefits, including obtaining necessary medical records andevaluations. The department shall contract with nonprofit legal servicesorganizations, or lawyers lawfully admitted to the bar of any state, torepresent recipients in any administrative appeal.
(3)The department shall adopt rules for determining the amount of aid grantedunder this section that is not less than the combined total of 43 percent ofthe Supplemental Security Income payment in effect at that time and the amountof aid the child would receive under ORS 412.006 if the caretaker relative didnot receive aid.
(4)Participation in the State Family Pre-SSI/SSDI program shall be voluntary. Thedepartment shall provide information to potential participants in the StateFamily Pre-SSI/SSDI program about the opportunities for employment whilereceiving Supplemental Security Income benefits and about employment resourcesavailable to State Family Pre-SSI/SSDI program participants. The informationmust be in a format accessible to the potential participant.
(5)Participants in the State Family Pre-SSI/SSDI program must cooperate with thedepartment in establishing eligibility for Supplemental Security Income orSocial Security disability benefits. The department by rule may establishpolicies for monitoring and encouraging full engagement in the State FamilyPre-SSI/SSDI program, including activities that promote family stability. Thedepartment shall offer participants the opportunity to participate in anysuitable activity in the job opportunity and basic skills program under ORS412.009. [2007 c.861 §8; 2009 c.11 §54]
412.015 [1961 c.633 §1;repealed by 2005 c.381 §30]
412.016Enrollment in educational institution as allowable work activity. (1) Subject tothe limitation in ORS 412.017, a parent who applies for or receives temporaryassistance for needy families under ORS 412.001 to 412.069 and who meets thecriteria described in subsection (2) of this section may enroll in and attend atwo-year or four-year program at an educational institution as an allowablework activity for purposes of ORS 412.001 to 412.069.
(2)To enroll in and attend an educational institution as an allowable workactivity, a parent must:
(a)Be accepted for full-time attendance into or be enrolled full-time at aneducational institution;
(b)Demonstrate that completion of the educational program is likely to result inemployment that provides the wages and benefits necessary for the parent tosupport the parent’s family without temporary assistance for needy families;and
(c)Make satisfactory academic progress, as defined by the educational institution,toward a degree or certificate.
(3)A parent who is enrolled at an educational institution under this section shallreceive temporary assistance for needy families under ORS 412.001 to 412.069 aswell as be eligible for all other support services under the temporaryassistance for needy families program. Assistance under this section does notinclude tuition and fees associated with enrollment at an educationalinstitution.
(4)The Department of Human Services shall inform all parents applying for orparticipating in the temporary assistance for needy families program of theoption to enroll in an educational institution and the requirements undersubsection (2) of this section.
(5)The department shall adopt rules to implement and administer this section.
(6)As used in this section, “educational institution” has the meaning given thatterm in ORS 348.105. [2003 c.212 §1; 2009 c.11 §55]
Note: 412.016 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 412 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.
412.017Limitation on enrollment in educational institution. (1) Except asprovided in subsection (2) of this section, for a calendar year, the number ofparents enrolled in an educational institution under ORS 412.016 may not exceedone percent of the number of households receiving temporary assistance forneedy families on January 1 of the calendar year.
(2)A parent who is receiving temporary assistance for needy families and isenrolled in an educational institution pursuant to ORS 412.016 may not berequired to disenroll from the institution or be denied assistance on the basisthat the number of households receiving assistance on January 1 has decreasedfrom the number of households receiving assistance on January 1 of the previousyear. [2003 c.212 §2; 2009 c.335 §1]
Note: 412.017 wasenacted into law by the Legislative Assembly but was not added to or mad