(1) The need for and amount of aid pursuant to the temporary assistance for needy families 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 in respect of the support of the natural or adopted children of the parent.
(3) The department by rule shall adopt proven methods of encouraging participants’ full engagement in the job opportunity and basic skills program, including the development of an individualized case plan in accordance with ORS 412.006.
(4)(a) The department may not reduce the family’s aid payment as a method of encouraging full engagement in the job opportunity and basic skills program pursuant to subsection (3) of this section until the department determines that the noncompliant needy caretaker relative:
(A) Has no barriers or refuses to take appropriate steps to address identified barriers to participation in the program;
(B) Has the ability to be fully engaged in the program as defined by the department by rule; and
(C) Is willfully noncompliant with the requirements of the individualized case plan.
(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 the number of hours required each month to satisfy federally required participation rates; or
(C) Until the department has screened for and, if appropriate, assessed barriers to participation, 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 before assessing the risk of harm posed to the children in the household by the reduction in aid payments and taking steps to ameliorate the risk.
(5)(a) The department may reduce the aid payment to a family in accordance with subsection (4) of this section following notice and an opportunity for a hearing under ORS chapter 183, as follows:
(A) The department may reduce the aid payment by the portion attributable to the needs of the noncompliant individual for up to three months.
(B) After three months of noncompliance and subject to subsection (4)(c) of this section, the department may terminate the aid payment to the family.
(b) Any reduction or termination in aid under this section may continue until the noncompliant individual participates in suitable activities required by the case plan for two consecutive weeks.
(c) A caretaker relative may request a hearing to contest the basis for a reduction in or termination of an aid payment within 90 days of a reduction in or termination of aid.
(6) Every six months, the department shall report to the Family Services Review Commission established under ORS 411.125 the status of and outcomes for families for whom aid has been reduced or terminated under subsection (5) of this section. The department shall work with the commission to establish the details to be provided in the report. [Formerly 418.045]
Note: The amendments to 412.009 (formerly 418.045) by section 3a, chapter 861, Oregon Laws 2007, become operative October 1, 2008. See section 25, chapter 861, Oregon Laws 2007. The text that is operative on and after October 1, 2008, is set forth for the user’s convenience.
412.009. (1) The need for and amount of aid pursuant to the temporary assistance for needy families 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 in respect of the support of the natural or adopted children of 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 each child per month, up to a total of $200 or the maximum established by federal law, for the family; and
(b) Disregard any other amounts of income and resources of the family as the department 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 the development 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 of encouraging full engagement in the job opportunity and basic skills program pursuant to subsection (4) of this section until the department determines that the noncompliant needy caretaker relative:
(A) Has no barriers or refuses to take appropriate steps to address identified barriers to participation in the program;
(B) Has the ability to be fully engaged in the program as defined by the department by rule; and
(C) Is willfully noncompliant with the requirements of the individualized case plan.
(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 the number of hours required each month to satisfy federally required participation rates; or
(C) Until the department has screened for and, if appropriate, assessed barriers to participation, 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 before assessing the risk of harm posed to the children in the household by the reduction in aid payments and taking steps to ameliorate the risk.
(6)(a) The department may reduce the aid payment to a family in accordance with subsection (5) of this section following notice and an opportunity for a hearing under ORS chapter 183, as follows:
(A) The department may reduce the aid payment by the portion attributable to the needs of the noncompliant individual for up to three months.
(B) After three months of noncompliance and subject to subsection (5)(c) of this section, the department may terminate the aid payment to the family.
(b) Any reduction or termination in aid under this section may continue until the noncompliant individual participates in suitable activities required by the case plan for two consecutive weeks.
(c) A caretaker relative may request a hearing to contest the basis for a reduction in or termination of an aid payment within 90 days of a reduction in or termination of aid.
(7) Every six months, the department shall report to the Family Services Review Commission established under ORS 411.125 the status of and outcomes for families for whom aid has been reduced or terminated under subsection (6) of this section. The department shall work with the commission to establish the details to be provided in the report.
Section: Previous 412.001 412.005 412.006 412.009 412.010 412.014 412.015 412.016 412.017 412.020 412.024 412.025 412.026 412.028 412.029 NextLast modified: August 7, 2008