2011 ORS § 412.009¹
Determination of amount of aid
- • engagement in JOBS
- • disqualification
- • rules
(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 (Eligibility for aid) 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 (Statewide standards for public assistance), 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 (Eligibility for aid).
(5)(a) The department may not reduce the familys 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:
(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) Following notice and an opportunity for a hearing under ORS chapter 183 and subject to subsection (5) of this section, the department may reduce the aid payment to an individual who fails to participate in suitable activities required by the individuals case plan or may terminate the aid payment to the family of a noncompliant individual 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) Any reduction in aid under paragraph (a) of this subsection may continue until the noncompliant individual participates in suitable activities required by the case plan for two consecutive weeks.
(c) After three months of noncompliance, and subject to subsection (5)(c) of this section, the department may terminate the aid payment to the family. The family is ineligible for aid for two calendar months after a termination under this paragraph, unless within one month of the effective date of the termination the noncompliant individual participates in suitable activities required by the case plan for two consecutive weeks.
(d) 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 411.075 (Family Services Review Commission) 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. [Formerly 418.045; 2011 c.604 §2]