reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.865 - Denial of general assistance to applicants or recipients for failing to participate in community work program; causes; rules.

The application for or grant of general assistance to any employable individual required to participate in a community work and training program may be denied or suspended for such time as may be fixed under rule or regulation of the Department of Human Services, if such individual without good cause:
(1) Fails to participate satisfactorily in such community work and training program to which the individual may be assigned;
(2) Fails to report for a community work and training program when and as directed by the department or by the supervisor of the individual therein;
(3) Abandons or repeatedly is absent from such work or training;
(4) Is insubordinate to the supervisor of the individual therein;
(5) Fails therein to take due precaution for the safety of the individual or others, or to use safety clothing or equipment made available to the individual;
(6) Is guilty of misconduct connected with such work or training; or
(7) If, within 30 days prior to such application, the individual was rendered ineligible for general assistance in another county, or the grant of general assistance in another county was suspended, for any of the causes stated in subsections (1) to (6) of this section. [1961 c.631 §3; 1967 c.130 §4; 1971 c.779 §30]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.870 - Approval of programs; rules.

All community work and training programs shall be subject to approval of the Department of Human Services. The department shall promulgate and enforce rules and regulations necessary to carry into effect ORS 411.855 to 411.870. [1961 c.631 §4; 1967 c.130 §5]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.875 - Status of applicants, recipients, beneficiaries and trainees under community work and training program; workers’ compensation coverage.

Persons who are applicants, recipients, beneficiaries or trainees in community work and training programs as defined by ORS 411.855, and persons who are volunteers during their participation in such programs:
(1) Are not serving in positions in the services of a public entity as defined by ORS 411.855 for the purposes of any civil service law or of any retirement system of such public entity.
(2) Are not employees as defined in ORS 657.015.
(3) Shall be provided workers’ compensation coverage under the state workers’ compensation system through election under ORS 656.039 by the employer or the employer’s agent or may be provided another program of insurance if the applicant, recipient, beneficiary or trainee is not otherwise covered by a program of insurance offering similar coverage. Coverage need not include time loss benefits. [1967 c.130 §8; 1993 c.739 §22]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.877 - Definitions for program.

As used in ORS 411.877 to 411.896:
(1) "Board" means the JOBS Plus Advisory Board established in ORS 411.886.
(2) "Job opportunities and basic skills program" means the program described in ORS 412.009.
(3) "JOBS Plus" or "program" means the JOBS Plus Program established in ORS 411.878.
(4) "Supplemental Nutrition Assistance Program" has the meaning given that term in ORS 411.806. [1995 c.561 §2 and 1995 c.816 §15; 2009 c.21 §47; 2009 c.599 §9a; 2019 c.602 §8]
Note:
Chapter 561, Oregon Laws 1995, and sections 14 to 33, chapter 816, Oregon Laws 1995, were enacted by the Legislative Assembly as duplicate JOBS Plus Programs. Legislative Counsel has compiled the relevant sections of both chapters as ORS 316.680, 411.877 to 411.896 and 657.925. Legislative Counsel has not substituted ORS section references for provisions in chapter 816, Oregon Laws 1995, that technically are not related to the JOBS Plus Program.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.878 - Intent; state program creation; rules.

(1) In establishing and implementing a program to be known as the JOBS Plus Program, the Legislative Assembly recognizes that early attachment to work and development of knowledge and skills are the most effective means of helping people make the transition from dependence on public assistance and subsiding in poverty to regular employment and self-reliance. It is the intent of the Legislative Assembly to promote greater economic self-sufficiency among Oregon families by:
(a) Increasing the employability of unemployed and underemployed Oregonians through on-the-job training;
(b) Invigorating the public-private workforce partnership through development of jobs with both private for-profit and public employers;
(c) Ensuring that program participants through their employment development plans have opportunities to improve work skills, education and employability and to establish recent work histories with work site training, mentoring, individual education accounts and provision of necessary support service benefits that include child care, workers’ compensation, job placement and a guarantee that participation in the JOBS Plus Program does not result in a reduction in net income to a participant when compared with the participant’s combined income from the temporary assistance for needy families program and the Supplemental Nutrition Assistance Program; and
(d) Expeditiously placing program participants in subsidized and unsubsidized employment.
(2) The JOBS Plus Program is created as a program in which residents of the State of Oregon shall, in lieu of receiving benefits in the Supplemental Nutrition Assistance Program and payments from the temporary assistance for needy families program, be provided jobs and paid in a way that promotes self-sufficiency and encourages unemployed Oregonians to improve their positions in the workforce. The JOBS Plus Program shall be a public assistance to work strategy for the State of Oregon and operate under the job opportunities and basic skills program and rules adopted thereunder to the extent such rules are not inconsistent with ORS 411.877 to 411.896. These rules include but are not limited to rules regarding participation requirements and support services. [1995 c.561 §3 and 1995 c.816 §16; 1997 c.581 §17; 2009 c.21 §48; 2009 c.599 §9]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.880 - Exemptions and waivers from federal law to be obtained.

The Governor and the Department of Human Services shall work diligently to obtain all exemptions and waivers from and amendments to federal statutes, rules and regulations necessary to implement the JOBS Plus Program at the earliest possible date, including but not limited to exemptions under section 1115 (42 U.S.C. 1315) of the Social Security Act and section 17 (7 U.S.C. 2026) of the Food and Nutrition Act. [1995 c.561 §4 and 1995 c.816 §17; 2009 c.599 §10]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.882 - Maximizing use of federal grants and apportionments.

In administering the JOBS Plus Program and to the extent permitted by federal law, the Department of Human Services shall maximize the use of federal grants and apportionments of the temporary assistance for needy families program and the Supplemental Nutrition Assistance Program. [1995 c.561 §5 and 1995 c.816 §18; 1997 c.581 §18; 2009 c.21 §49; 2009 c.599 §11; 2021 c.631 §77]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.886 - JOBS Plus Advisory Board; duties; membership.

(1) The JOBS Plus Advisory Board is established. The board shall advise the Department of Human Services in the direction and administration of the JOBS Plus Program established in ORS 411.878. The board shall have seven members, consisting of six representatives of the business community and one employed former recipient of temporary assistance for needy families or the Supplemental Nutrition Assistance Program.
(2) The Governor shall appoint new members from nominees recommended by the board.
(3) Members appointed to the board shall serve terms of three years. [1995 c.561 §7 and 1995 c.816 §20; 1997 c.581 §19; 2009 c.21 §50; 2009 c.599 §12]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.888 - Vacancies on board; chairperson; meetings.

(1) Nominations for persons to fill scheduled vacancies must be made to the Governor not less than 30 days prior to the effective date of the vacancy. Nominations for persons to fill an unscheduled vacancy shall be made to the Governor not more than 30 days after the position becomes vacant.
(2) The JOBS Plus Advisory Board shall select one of its members to serve as a chairperson for such terms and with duties and powers necessary for the performance of the functions of such office as the board determines. A majority of the members of the board constitutes a quorum for the transaction of business.
(3) The board shall meet at least once each quarter with the Director of Human Services.
(4) The board shall report at least annually to the Governor and the Legislative Assembly on the status and progress of the JOBS Plus Program. The chairperson of the board shall have the additional duty to work with and coordinate the local councils created in ORS 411.890. [1995 c.561 §10(1) to (4) and 1995 c.816 §23(1) to (4); 2009 c.21 §51]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.889 - Contracting with private institutions.

The Department of Human Services shall explore contracting for job procurement and placement services with private job placement institutions. If contracting is deemed beneficial, the Department of Human Services is encouraged to and shall have the authority to contract with private placement firms. [1995 c.561 §10(5) and 1995 c.816 §23(5); 2001 c.657 §4; 2009 c.21 §52]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.890 - JOBS Plus Implementation Council; duties; membership.

A JOBS Plus Implementation Council shall be established in service areas to be determined by the Director of Human Services to assist the JOBS Plus Advisory Board and the Department of Human Services in the administration of the JOBS Plus Program and to allow local flexibility in dealing with the particular needs of each county. Each council shall be primarily responsible for recruiting and encouraging participation of employment providers in the county. Each council shall be composed of seven members who shall be appointed by the county commissioners in each county in the district. Council members shall be residents of the district in which they are appointed and shall serve four-year terms. Six members of the council shall be from the local business community. At least one member shall be a current or former recipient of the temporary assistance for needy families program or the Supplemental Nutrition Assistance Program. [1995 c.561 §11 and 1995 c.816 §24; 1997 c.581 §20; 2001 c.900 §96; 2009 c.21 §53; 2009 c.599 §13]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.894 - Oregon JOBS Individual Education Account; employer contribution; participant access; administered by Office of Student Access and Completion.

(1) The Oregon JOBS Individual Education Account is established to improve the position of JOBS Plus participants in the workforce by increasing their access to continuing education. Employer contributions to the account under this section shall be used to pay for education expenses for the individual as provided in subsection (2) of this section.
(2)(a) After the participant has participated in the JOBS Plus Program for 30 days, the employer shall pay, in addition to the participant wage, one dollar for each participant hour worked into the participant’s individual education account. Contributions to such an account shall be tax deferred or tax-exempt to the extent permitted by federal and state law.
(b) Any participant for whom an Oregon JOBS Individual Education Account contribution is made shall be eligible for access to education benefits from that participant’s individual education account for up to five years after the participant has left the JOBS Plus Program and has held a full-time, unsubsidized job for at least 30 days.
(c) When any participant has qualified for use of that participant’s individual education account, an amount equal to that participant’s individual education account balance shall be transferred to the Director of the Office of Student Access and Completion for that participant’s use. Only one individual education account shall be created for any participant. Each account shall be administered by the director and shall be used for continuing education and training for the participant and the participant’s immediate family.
(3)(a) The director may use any interest earned by an individual education account transferred to the director under this section for payment of expenses incurred by the director in carrying out the director’s duties under this section.
(b) The Department of Human Services shall transfer any interest earned by the Oregon JOBS Individual Education Account to the General Fund for general governmental purposes. The department shall transfer the interest no later than the close of each fiscal year in which the interest is earned.
(4) Any unexpended or unobligated moneys remaining in an individual education account five years after the participant has left the JOBS Plus Program are appropriated and transferred to the Higher Education Coordinating Commission for the Oregon Opportunity Grant program on that date. [1995 c.561 §14 and 1995 c.816 §29; 1999 c.704 §22; 1999 c.1070 §17; 2005 c.837 §16; 2007 c.802 §6; 2011 c.637 §268; 2013 c.747 §159; 2017 c.66 §60]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.896 - Annual report on program.

The Department of Human Services shall submit an annual written report to the Legislative Assembly and the Governor containing a full and complete analysis of the JOBS Plus Program. The report shall include recommendations from the department and the JOBS Plus Advisory Board regarding appropriate revisions to the program. [1995 c.561 §16 and 1995 c.816 §31]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.900 - Definitions for ORS 411.900 to 411.910.

As used in ORS 411.900 to 411.910 unless the context requires otherwise:
(1) "Director" means the Director of Human Services.
(2) "Displaced homemaker" means an individual who:
(a) Has not worked in the labor force for a substantial number of years but has, during those years, worked in the home, providing unpaid household services for family members;
(b) Has been dependent on public assistance or on the income of another family member but is no longer supported by that income, or is receiving public assistance on account of dependent children in the home, especially where such assistance will be terminated within one year as a result of the youngest child reaching the age of 18; or
(c) Is currently unemployed and is experiencing difficulty in obtaining employment or is currently underemployed as defined in the Comprehensive Employment and Training Act, Section 675.4 (1979), and is experiencing difficulty in upgrading employment. [1977 c.150 §1; 1979 c.572 §1]
Note:
411.900 to 411.910 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 411 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.905 - Programs for displaced homemakers; scope of activities.

The Director of Human Services shall establish multipurpose service programs for displaced homemakers to be staffed to the maximum extent feasible by displaced homemakers. The programs shall include, but are not limited to:
(1) Job placement, counseling and development services designed for a displaced homemaker entering the job market after a number of years as a homemaker outside of the labor force;
(2) Job training services developed in cooperation with public and private employers to train displaced homemakers for available jobs in the public and private sectors, taking into account the skills and job experiences of a homemaker and to assist displaced homemakers in gaining admission to existing public and private job training programs;
(3) Health education and counseling services with respect to general principles of preventative health care, health care consumer education particularly selection of physicians and health care services, family health care and nutrition education, addiction to drugs, controlled substances or alcohol and other related health care matters;
(4) Financial management services which provide information and assistance on insurance, taxes, estate and probate problems, mortgages, loans and other related financial matters;
(5) Coordination of program services and existing community services which may benefit the displaced homemaker; and
(6) Information and referral services which will assist the displaced homemaker to identify and access resources designed to facilitate the development of independence and economic self-sufficiency in the client. [1977 c.150 §2; 1979 c.572 §2; 1979 c.744 §19; 1987 c.158 §72]
Note:
See note under 411.900.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.910 - Contracts with public and private agencies to carry out programs.

(1) In carrying out the duties described in ORS 411.905, the Director of Human Services may enter into contracts with and make grants to public and private agencies for the purpose of establishing and operating multipurpose service programs.
(2) In entering into contracts and making grants for the purpose of establishing and operating multipurpose service programs the director shall establish priorities among qualified public and private agencies on the basis of financial need, geographic distribution, community support and volunteer participation. [1977 c.150 §3; 1979 c.572 §3]
Note:
See note under 411.900.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.965 - Policy on program accessibility.

The Legislative Assembly finds:
(1) That many persons eligible for public assistance or medical assistance programs, especially those with the lowest incomes and the greatest need for assistance, are precluded from receiving benefits because of program inaccessibility;
(2) That program inaccessibility stems from barriers that arise in learning of the availability of benefits, in applying for benefits and in maintaining eligibility once eligibility is established;
(3) That a gap often exists between the reading and literacy skills possessed by potential applicants to programs and the skills demanded for completion of agency application forms and procedures. Most persons eligible for public assistance and medical assistance programs read at below the eighth-grade level and most public assistance and medical assistance forms require more than an eighth-grade reading level;
(4) That simplifying program rules and rewriting forms and brochures to close the "literacy gap" would contribute to decreasing the program error rate and saving program costs; and
(5) That the Department of Human Services and the Oregon Health Authority would better serve the people of the State of Oregon by making public assistance and medical assistance programs accessible to those low-income persons legally entitled to assistance. [1987 c.3 §2; 2013 c.688 §62]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.967 - Forms and notices to be in plain language.

Every form, notice, brochure or other written material of the Department of Human Services or the Oregon Health Authority intended for use by persons inquiring about, applicants for or recipients of public assistance or medical assistance shall be written in plain language. A form, notice, or brochure is written in plain language if it substantially complies with all of the following tests:
(1) Uses short sentences and paragraphs;
(2) Uses everyday words readable at an eighth-grade level of reading ability;
(3) Uses simple and active verb forms;
(4) Uses type of readable size;
(5) Uses uppercase and lowercase letters;
(6) Heads sections and other subdivisions with captions which fairly reflect the content of the section or subdivision and which are in boldfaced type or otherwise stand out significantly from the text;
(7) Uses layout and spacing which separate the paragraphs and sections of the document from each other and from the borders of the paper;
(8) Is written and organized in a clear and coherent manner;
(9) Is designed to facilitate ease of reading and comprehension; and
(10) Is readable at the sixth-grade level of reading ability except for vocabulary referred to in subsection (2) of this section. [1987 c.3 §3(1); 2013 c.688 §63]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.969 - Informational materials for applicants.

(1) The Department of Human Services and the Oregon Health Authority shall publish, make available and publicize to all persons inquiring about, applicants for and recipients of public assistance or medical assistance the following informational materials:
(a) Brochures enumerating and explaining the public assistance and medical assistance programs administered by the department and the authority; and
(b) Publications explaining how public assistance and medical assistance programs function, including but not limited to how grants are calculated, how overpayments are calculated, how child support is handled, the effect of earnings on grants and benefits, hearing rights and the right of the recipient to see the recipient’s file.
(2) All notices of overpayments shall show the calculation of the overpayment and contain an explanation of the calculation. [1987 c.3 §4; 2013 c.688 §64]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.970 - When bilingual services required.

(1) As used in this section:
(a) "Non-English-speaking household" means a household that does not have an adult member who is fluent in English.
(b) "Written materials" includes all forms, notices and other documents that the Department of Human Services or the Oregon Health Authority provides to any English-speaking client for the establishment, maintenance and explanation of eligibility for public assistance or medical assistance.
(2) If a Department of Human Services local office has a caseload that consists of 35 or more non-English-speaking households that share the same language, the department shall provide at the local office written materials in that language and access to a bilingual assistance worker or caseworker who is fluent in both that language and English.
(3) The Personnel Division of the Oregon Department of Administrative Services shall recruit qualified individuals and shall maintain lists of such individuals for purposes of meeting the requirements of this section. [Formerly 411.062; 2013 c.688 §65]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.990 - Penalties.

(1) Violation of ORS 411.320 or 411.335 is a Class C misdemeanor.
(2) Violation of any provision of ORS 411.630 or 411.840 is a Class C felony which may be reduced to a Class A misdemeanor in accordance with ORS 161.705.
(3) Violation of ORS 411.675 is a Class C felony.
(4) Criminal prosecution of violators of ORS 411.675 shall be commenced in accordance with ORS 131.125 (8) and (9). [Subsection (2) of 1959 Replacement Part enacted as 1955 c.501 §3; subsection (3) of 1959 Replacement Part enacted as 1953 c.500 §10; part renumbered 416.990; 1963 c.599 §18; 1977 c.669 §2; 1981 c.713 §1; 1983 c.609 §5; 1989 c.831 §2; 1997 c.427 §2; 2011 c.597 §191; 2012 c.70 §3; 2015 c.417 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.001 - Definitions.

As used in ORS 412.001 to 412.155 and 418.647, unless the context or a specially applicable statutory definition requires otherwise:
(1) "Aid" means money payments with respect to, or on behalf of, a dependent child or children and includes:
(a) Money payments to meet the needs of the caretaker relative with whom the child is living and the spouse of the caretaker relative if the spouse lives with the caretaker relative; or
(b) Payments made to a representative payee or guardian pursuant to ORS 412.026 or 412.028.
(2) "Caretaker relative" means a dependent child’s parent or other relative by blood, marriage or adoption, as defined by the Department of Human Services by rule, who lives in a residence maintained by 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) Whose caretaker relatives are not able to provide adequate care and support for the child without public assistance, as defined in ORS 411.010;
(B) Who lives with a caretaker relative; and
(C) Who meets the requirements of paragraph (b) of this subsection.
(b)(A) Except as provided in subparagraphs (B) and (C) of this paragraph, a "dependent child" must be under the age of 18 years.
(B) A child may qualify as a "dependent child," subject to the availability of funds, if the child is 18 or 19 or 20 years of age and a student regularly attending a school in grade 12 or below or regularly attending a course of professional or technical training designed to fit the child for gainful employment, 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 or university or regularly attending a course of professional or technical training designed to fit the child for gainful employment may be included in the description in subparagraph (B) of this paragraph at the option of the Department of Human Services.
(4) "Federally required participation rates" means the participation rates as required by section 407 of the Social Security Act.
(5) "Representative payee" means an individual designated by the department to receive money payments of aid pursuant to ORS 412.026. [Formerly 418.035; 2015 c.765 §10]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.002 - Legislative findings.

(1) The Legislative Assembly finds that:
(a) The temporary assistance for needy families program is the state’s primary safety net for families with children who live in extreme poverty; and
(b) Outcomes for disadvantaged parenting youth improve when the parenting youth have opportunities to connect to employment, training and education programs.
(2) In order to provide a path out of poverty for families, adults and parenting youth and to maximize the services available to assist families, adults and parenting youth in moving out of poverty, the Department of Human Services shall work with other agencies and organizations to provide the resources, referrals or services described in ORS 412.006. [2015 c.765 §1; 2019 c.602 §1]
Note:
412.002 was added to and made a part of 412.001 to 412.161 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.006 - Administration of temporary assistance for needy families program; rules.

(1) The Department of Human Services shall administer the temporary assistance for needy families program, consistent with the requirements in 45 C.F.R. part 260, to provide to families with children:
(a) Aid;
(b) Case management services that focus on the strengths of the parents or caretaker relatives;
(c) Resources and referrals for education and training or education or training services;
(d) Work and work preparation services; and
(e) Resources, referrals or services to improve the family’s economic stability, including but not limited to:
(A) Mental health and addiction treatment;
(B) Housing; and
(C) Child care.
(2) The department shall adopt rules to carry out the provisions of this section. [Formerly 418.040; 2009 c.11 §53; 2015 c.765 §11; 2019 c.602 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.007 - Determination of amount of aid; rules.

(1) The eligibility for and amount of aid to be granted for any dependent child or relative pursuant to ORS 412.006 shall be determined, in accordance with the rules of the Department of Human Services, taking into account:
(a) The income, resources and maintenance available to such child and relative from whatever source derived, allowable deductions and the statewide income and payment standards.
(b) The income and financial condition of the stepparent, if any, of the child for whom aid is sought.
(2) Subsection (1)(b) of this section is not intended to relieve any parent of any legal obligation with respect to the support of the natural or adopted children of the parent.
(3) In determining the eligibility for and amount of aid to be granted under subsection (1) of this section and under ORS 411.070, the department shall disregard:
(a) From income, no less than $50 of the amount of child support received for each child per month, up to a total of $200 or the maximum established by federal law, for the family;
(b) As resources, moneys held in a pension or retirement account; and
(c) Any earnings or other income or resources of the family as the department may prescribe by rule.
(4) As used in this section, "pension and retirement account" includes:
(a) Benefits employees receive only when they retire or leave employment;
(b) Pension, profit-sharing and stock bonus plans exempt from taxation by section 401 of the Internal Revenue Code;
(c) Qualified annuities exempt from taxation by section 403(a) or (b) of the Internal Revenue Code;
(d) Accounts or annuities exempt from taxation by section 408(a), (b), (c), (k), (p) or (q) of the Internal Revenue Code;
(e) Roth individual retirement plans authorized by section 408A of the Internal Revenue Code;
(f) Retirement plans offered by governments, nonprofit organizations or unions that are:
(A) Exempt from taxation under section 457(b) or 501(c)(18) of the Internal Revenue Code; or
(B) Contributions to the Thrift Savings Fund authorized by 5 U.S.C. 8439; and
(g) Defined contribution plan accounts described in ORS 178.210. [2015 c.765 §4; 2018 c.56 §1]
Note:
412.007 was added to and made a part of 412.001 to 412.161 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.011 - Support service payments to prevent loss of employment.

The Department of Human Services may provide support service payments, as prescribed by rule, for transportation, housing or other costs as necessary to prevent the loss of employment that will result in the family qualifying for temporary assistance for needy families program aid under ORS 412.006. [2015 c.765 §2; 2019 c.602 §3]
Note:
412.011 was added to and made a part of 412.001 to 412.161 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.014 - State Family Pre-SSI/SSDI program; rules.

(1) There is created in the Department of Human Services the State Family Pre-SSI/SSDI program. The department shall provide aid under this section to families that are eligible for temporary assistance for needy families under ORS 412.001 to 412.069 and that include a needy caretaker relative who is unable to maintain substantial gainful activity due to a disability or combination of disabilities that meet the criteria of section 216 of the Social Security Act.
(2) The department shall assist families receiving aid under this section in qualifying for federal Supplemental Security Income and Social Security disability benefits, including obtaining necessary medical records and evaluations. The department shall maintain a list of lawyers admitted to the bar of any state and approved by the Social Security Administration and nonprofit legal services organizations that represent Oregon residents in administrative hearings before the Social Security Administration Office of Disability Adjudication and Review.
(3) The department shall adopt rules for determining the amount of aid granted under this section that is not less than the amount of aid granted under ORS 412.006 (1).
(4) Participation in the State Family Pre-SSI/SSDI program shall be voluntary. The department shall provide information to potential participants in the State Family Pre-SSI/SSDI program about the opportunities for employment while receiving Supplemental Security Income and about employment resources available to State Family Pre-SSI/SSDI program participants. The information must be in a format accessible to the potential participant.
(5) Participants in the State Family Pre-SSI/SSDI program must cooperate with the department in establishing eligibility for Supplemental Security Income including, but not limited to, signing an interim assistance reimbursement agreement. The department by rule may establish policies for monitoring and encouraging full engagement in the State Family Pre-SSI/SSDI program, including activities that promote family stability. The department shall offer participants the opportunity to participate in any suitable activity in the job opportunity and basic skills program under ORS 412.009. [2007 c.861 §8; 2009 c.11 §54; 2011 c.46 §1; 2011 c.604 §§3,4; 2019 c.602 §4]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.016 - Enrollment in educational institution as allowable work activity.

(1) A parent who applies for or receives temporary assistance for needy families under ORS 412.001 to 412.069 and who meets the criteria described in subsection (2) of this section may enroll in and attend an educational institution as an allowable work activity for purposes of ORS 412.001 to 412.069.
(2) To enroll in and attend an educational institution as an allowable work activity, a parent must:
(a) Be accepted for full-time attendance into or be enrolled full-time at an educational institution;
(b) Demonstrate that completion of the educational program is likely to result in employment that provides the wages and benefits necessary for the parent to support 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 shall receive temporary assistance for needy families under ORS 412.001 to 412.069 as well as be eligible for other support services under the temporary assistance for needy families program.
(4) The Department of Human Services shall inform all parents applying for or participating in the temporary assistance for needy families program of the option to enroll in an educational institution and the requirements under subsection (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 that term in ORS 348.105. [2003 c.212 §1; 2009 c.11 §55; 2019 c.602 §5]
Note:
412.016 was added to and made a part of 412.001 to 412.161 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.024 - Assignment of support rights; cooperation required for establishing paternity of child or obtaining support; exceptions; sanctions; rules.

(1) An applicant or recipient of aid, except for recipients of aid under the JOBS Plus Program established in ORS 411.878, must assign to the state any rights to support that may be due from any other person to a family member for whom the applicant is applying for or receiving aid. If aid is paid and received for the support of a child, the rights to child support that any person may have for the child are deemed to have been assigned by operation of law to the state. Notice of the assignment by operation of law shall be given to the applicant at the time of application for public assistance, and shall be given to any obligee who may hold some interest in such support rights by depositing a notice in the United States mail, postage prepaid, addressed to the last-known address of such person. Assignment of support rights to the state shall be as set forth in rules adopted by the Department of Human Services and the Department of Justice.
(2) Except as otherwise provided in this subsection, an applicant or recipient who receives aid shall cooperate with the Department of Human Services and the Department of Justice in establishing the paternity of the applicant’s or recipient’s child born out of wedlock and in obtaining support or other payments or property due the applicant or child. An applicant or recipient is not required to cooperate if there is good cause or some other exception to the cooperation requirement that takes into account the best interest of the child. The Department of Human Services shall adopt rules defining good cause, other exceptions to cooperation and noncooperation by an applicant or recipient, and setting the sanction for noncooperation. The sanction may include total ineligibility of the family for aid, but in no situation may the sanction be less than a 25 percent reduction of the monthly grant amount. At the time an applicant applies for aid, the Department of Human Services shall inform the applicant, in writing, of the requirement of and exceptions to cooperation and the sanctions for noncooperation, and shall inform recipients, in writing, whenever eligibility for aid is redetermined.
(3) This section shall apply to recipients of aid pursuant to the temporary assistance for needy families program as long as the aid is funded in whole or in part with federal grants under Title IV-A of the Social Security Act. [Formerly 418.042; 2009 c.80 §7; 2011 c.604 §5; 2015 c.765 §13]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.026 - Payment of aid to individual other than relative; rules.

Subject to rules of the Department of Human Services and to such conditions and limitations as may be prescribed pursuant to the temporary assistance for needy families program:
(1) Money payments of aid with respect to the temporary assistance for needy families program, including payments to meet the needs of the relative, and the relative’s spouse, with whom a dependent child is living, may be made to an individual other than such relative or spouse if it is determined by the department that the relative to whom such payments are made has such inability to manage funds that continuation of such payments to the relative would be contrary to the welfare of such child and that, therefore, it is necessary to provide such aid through payments in the manner authorized by this section. Such determination shall be subject to review and hearing, upon application of such relative, in the manner prescribed pursuant to ORS 412.069. However, the pendency of such application, review or hearing shall not stay the effect of such determination.
(2) The department may designate any responsible individual, including any public officer or employee, as a representative payee if such individual is willing to act in such capacity. Representative payees shall receive no compensation for their services, but shall be allowed expenses actually and necessarily incurred by them in the performance of their duties under ORS 412.029. Such expenses shall be paid from funds appropriated to the department for administrative expenditures.
(3) During the time payments of aid pursuant to the temporary assistance for needy families program with respect to a dependent child or relative are made to a representative payee, the department shall:
(a) Undertake and continue special efforts to develop greater ability on the part of such relative to manage funds in such manner as to protect the welfare of the relative and the family of the relative; and
(b) Periodically review the determination made pursuant to subsection (1) of this section and terminate payments to the representative payee if it is established by such review that the conditions justifying such determination no longer exist. [Formerly 418.050]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.028 - Petition for and appointment of guardian or conservator; costs; compensation.

(1) If, after such period as may be prescribed by the Department of Human Services, it appears to the department that the need for money payments of aid to a representative payee is continuing or likely to continue in any case, the department may petition for the judicial appointment of a guardian or a conservator of the estate of the relative referred to in ORS 412.026 (1). If a guardian or a conservator of the estate of the relative is appointed and duly qualified, money payments of aid otherwise payable to the relative, or representative payee, shall be paid to the guardian or the conservator until the department determines that the conditions which would justify money payments of aid to a representative payee under ORS 412.026 no longer exist.
(2) Subject to funds made available to the department for administrative expenditures, the department shall, with respect to any guardianship or conservatorship established under this section:
(a) Pay all costs and fees reasonably incurred in obtaining the appointment of the guardian or the conservator, including any necessary bond premiums;
(b) Pay all costs and fees necessarily incurred by the guardian or the conservator in administering money payments of aid received by the guardian or conservator under this section; and
(c) Compensate the guardian or the conservator, for the fees in administering the money payments, according to schedules of fees prescribed by rule or regulation of the department. [Formerly 418.054]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.029 - Expenditures limited to needs of beneficiary; rules.

Each money payment of aid made to a representative payee or to a guardian or a conservator under ORS 412.026 or 412.028 shall be expended by the representative payee, guardian or conservator solely to make purchases to meet the needs of the individuals with respect to whom the payment is made. However, the individuals may receive from the representative payee, guardian or conservator such portions of the money payments, and at such intervals, as may be permitted by rules adopted by the Department of Human Services. [Formerly 418.059; 2015 c.765 §14; 2019 c.602 §11]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.034 - Denial of aid when unemployed parent refuses employment.

Aid under ORS 412.006 shall not be granted with respect to, or on behalf of, a dependent child living with an unemployed parent if, and for as long as, the unemployed parent of such child refuses without good cause to accept employment in which the unemployed parent is able to engage and which is offered through any employment office defined in ORS 657.010 or which is otherwise offered by any employer if such offer is determined by the Department of Human Services after notification by such employer to be a bona fide offer of such employment. [Formerly 418.075]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.039 - Cooperation of department with Director of Employment Department and all available workforce services to find employment for parent.

(1) The Legislative Assembly declares that it is in the public interest of the State of Oregon that all available workforce services, including those authorized under other provisions of law, be utilized to provide incentives, opportunities and necessary services to appropriate individuals in order that they may be employed in the regular economy, may be trained for regular employment and may participate in special work projects.
(2) During any period in which aid may be granted under ORS 412.006 with respect to, or on behalf of, a dependent child living with an unemployed caretaker relative, the Department of Human Services and the Director of the Employment Department shall enter into cooperative arrangements looking toward employment of or training services for the unemployed caretaker relative and shall provide for the registration and periodic reregistration of such caretaker relative at employment offices established pursuant to ORS 657.705 to 657.725 to effect maximum utilization of the job placement services and other services and facilities of such offices. [Formerly 418.085; 2015 c.765 §15]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.044 - Cooperation with other agencies to provide vocational training.

The Department of Human Services and any other state agency, which administers, supervises or participates in the administration of programs of public vocational or adult education services available in this state, may enter into and execute cooperative arrangements looking toward maximum utilization of such services to encourage the training or retraining of individuals participating in a community work and training program as defined in ORS 411.855, and otherwise to assist such individuals in preparing for regular employment. [Formerly 418.097]