ORS 411.630¹
Unlawfully obtaining public assistance

(1) No person shall knowingly obtain or attempt to obtain, for the benefit of the person or of any other person, any public assistance, as defined in ORS 411.010 (Definitions), to which the person or such other person is not entitled under state law by means of:

(a) Any false representation or fraudulent device, or

(b) Failure to immediately notify the Department of Human Services of the receipt or possession of property or income, or of any other change of circumstances, which directly affects the eligibility for, or the amount of, such assistance.

(2) No person shall transfer, conceal or dispose of any money or property with the intent:

(a) To enable the person to meet or appear to meet any requirement of eligibility prescribed by state law or by rule or regulation promulgated by the department for a grant or an increase in a grant of any type of general assistance or public assistance, as defined in ORS 411.010 (Definitions); or

(b) Except as to a conveyance by such person to create a tenancy by the entirety, to hinder or prevent the department from recovering any part of any claim which it may have against the person or the estate of the person.

(3) No person shall knowingly aid or abet any person to violate any provision of this section.

(4) No person shall receive, possess or conceal any money or property of an applicant for or recipient of any type of general assistance or public assistance, as defined in ORS 411.010 (Definitions), with the intent to enable such applicant or recipient to meet or appear to meet any requirement of eligibility referred to in subsection (2)(a) of this section or, except as to a conveyance by such applicant or recipient to create a tenancy by the entirety, with the intent to hinder or prevent the department from recovering any part of any claim which it may have against such applicant or recipient or the estate of the applicant or recipient. [Amended by 1963 c.499 §2; 1969 c.66 §1; 1971 c.779 §22]

Notes of Decisions

Under "change of circumstances" language of this sec­tion, mere receipt of income constitutes, as a matter of law, change of circumstances for purposes of defining of­fense of obtaining public assistance unlawfully and no separate allega­tion to that effect in indict­ment was necessary. State v. Willy, 36 Or App 853, 585 P2d 762 (1978)

Where aunt accepted ADC benefits for niece and nephew and spent them entirely for children's needs, neither this sec­tion nor ORS 411.105 (Application required) supported imposi­tion of duty on aunt to reimburse Adult and Family Services for overpay­ment. Brown v. Adult & Family Services, 45 Or App 263, 608 P2d 197 (1980)

Chapter 411

Atty. Gen. Opinions

Public Welfare Division records showing cost of medical services to welfare recipients as public records, (1972) Vol 35, p 1143

1 Legislative Counsel Committee, CHAPTER 411—Adult and Family Services; Public Assistance, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors411.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 411, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­411ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information