2017 ORS 412.006¹
Eligibility for aid
  • assessment
  • JOBS participation
  • rules

(1) Aid pursuant to the temporary assistance for needy families program shall be granted under this section to families with dependent children residing in this state.

(2) Except as provided in subsections (6) and (7) of this section, a needy caretaker relative may be required to participate in the job opportunity and basic skills program that is described in subsections (3) to (5) of this section.

(3) The department shall use a basic assessment tool to determine if a needy caretaker relative applying for or receiving aid under this section has or may have a barrier to employment or to family stability. If the basic assessment tool indicates that there is or may be a barrier, the needy caretaker relative shall be referred for an in-depth assessment by a person with relevant expertise or specialized training.

(4) Based upon the assessment described in subsection (3) of this section, the department, in cooperation with appropriate partner agencies or professionals, may work with the participant to create an effective individualized case plan that establishes goals and identifies suitable activities that promote family stability and financial independence.

(5) For individuals with disabilities, the goal of the individualized case plan must be to promote greater independence.

(6) A needy caretaker relative receiving aid under ORS 412.001 (Definitions) to 412.069 (Appeal from denial of or failure to act on application or from modification or cancellation of aid) may volunteer for but may not be required to participate in the job opportunity and basic skills program:

(a) More than 10 hours per week during the first two months of the third trimester of the parent’s pregnancy;

(b) During the last month of the parent’s pregnancy;

(c) If the needy caretaker relative is experiencing medical complications due to pregnancy that prohibit participation in activities in the program;

(d) For one parent per family, during the first six months after the birth of a child, up to a total of 12 months per family except that:

(A) The department may require a parent to participate in suitable activities, with a preference for educational activities, 16 weeks after the birth of a child if the parent is under 20 years of age; and

(B) The department may require a parent of a child under 12 months of age to participate in evidence-based parenting classes or family stability activities;

(e) If participation is likely to cause undue hardship or is contrary to the best interests of the child or needy caretaker relative; or

(f) If the department determines that a needy caretaker relative is exempt according to criteria adopted by rule.

(7) The department shall adopt rules to carry out the provisions of this section. [Formerly 418.040; 2009 c.11 §53; 2015 c.765 §11]

Note: Sections 1 and 8, chapter 604, Oregon Laws 2011, provide:

Sec. 1. Notwithstanding ORS 411.070 (Statewide standards for public assistance), 412.006 (Eligibility for aid), 412.009 (Engagement in JOBS) and 412.016 (Enrollment in educational institution as allowable work activity), the Department of Human Services may:

(1) Prescribe by rule an employability assessment and orientation process that the department shall use to determine the level of participation by individuals applying for or receiving aid pursuant to the temporary assistance for needy families program and required to participate in the job opportunity and basic skills program described in ORS 412.006 (Eligibility for aid). This process must occur prior to any assessment described in ORS 412.006 (Eligibility for aid) (3) that is conducted by the department.

(2) Require all families to participate in the employability assessment and orientation process as a condition for the family’s receipt of aid.

(3) Limit in the job opportunity and basic skills program, for existing and future applicants and recipients of aid, based on the results of the employability assessment or other criteria:

(a) The number of participants;

(b) The activities; or

(c) The level of participation.

(4) Require an individual in a one-parent family to participate in the job opportunity and basic skills program while caring for a dependent child who is under two years of age.

(5) Not approve enrollment in and attendance at an educational institution as an allowable work activity for purposes of ORS 412.001 (Definitions) to 412.069 (Appeal from denial of or failure to act on application or from modification or cancellation of aid), except for recipients who have a case plan in effect on June 30, 2011, that approves enrollment in and attendance at an educational institution as an allowable work activity under ORS 412.016 (Enrollment in educational institution as allowable work activity).

(6) Deny or terminate aid to a family in which a caretaker relative is separated from employment without good cause, subject to exceptions prescribed by the department by rule. The family shall be ineligible to receive aid for a period of 120 days beginning on the date the caretaker relative is separated from employment without good cause.

(7) Establish an income eligibility limit equal to 185 percent of the federal poverty guidelines for aid to a dependent child residing with a caretaker relative who is not the child’s parent. [2011 c.604 §1; 2012 c.107 §82; 2013 c.722 §23; 2015 c.765 §22]

Sec. 8. Section 1, chapter 604, Oregon Laws 2011, as amended by section 82, chapter 107, Oregon Laws 2012, section 23, chapter 722, Oregon Laws 2013, and section 22, chapter 765, Oregon Laws 2015, is repealed on July 1, 2019. [2011 c.604 §8; 2013 c.722 §25; 2015 c.765 §24; 2017 c.725 §7]

(formerly 418.040)

Notes of Decisions

Support services given to facilitate participa­tion in program of employ­ment or self-sufficiency skills develop­ment are not assistance or aid. Huxford v. Adult and Family Services Division, 174 Or App 1, 23 P3d 390 (2001), 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.