2017 ORS 412.001¹

As used in ORS 412.001 (Definitions) to 412.155 (Additional monthly payments of elderly rental assistance) and 418.647 (Foster care payments), 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 (Payment of aid to individual other than relative) or 412.028 (Petition for and appointment of guardian or conservator).

(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 (Definitions);

(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 (Payment of aid to individual other than relative). [Formerly 418.035; 2015 c.765 §10]

(formerly 418.035)

Notes of Decisions

Where Aid to Dependent Children recipient failed to report she and possible father of child amended child’s birth certificate to name that man as father, evidence supported finding she had failed without good cause to cooperate in es­tab­lishing paternity. MacCullen v. AFSD, 80 Or App 84, 720 P2d 1318 (1986), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 412—Temporary Assistance for Needy Families, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors412.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 412, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano412.­html (2017) (last ac­cessed Mar. 30, 2018).
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.