2017 ORS 412.009¹
Engagement in JOBS
  • disqualification
  • rules

(1) The Legislative Assembly finds that:

(a) There is evidence that families who experience the most disqualifications from the job opportunity and basic skills program are often those with the most barriers to employment; and

(b) The loss of income from a program disqualification adds strain and creates instability in families already experiencing extreme poverty, and this affects the health and food security of the dependent children in the family.

(2) The Department of Human Services 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) and an ongoing process to ensure that the case plan is appropriate.

(3)(a) The department shall facilitate the participation of needy caretaker relatives and 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 (2) of this section until the department determines that the needy caretaker relative that is not fully engaged:

(A) Has no identified barriers or refuses to take appropriate steps to address identified barriers to participation in the program; and

(B) Refuses without good cause, as defined by the department by rule, to meet the requirements of an individualized and appropriate case plan.

(b) The department may not reduce aid payments under this subsection to families:

(A) Receiving aid pursuant to ORS 412.014 (State Family Pre-SSI/SSDI program) or 412.124 (Post-TANF aid to employed 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.

(4) Following notice and an opportunity for a hearing under ORS chapter 183 and subject to subsection (2) of this section, the department may reduce the aid payment to the family of an individual who refuses to participate in suitable activities required by the individual’s case plan or may terminate the aid payment to the family of a noncompliant individual in accordance with procedures adopted by the department by rule.

(5) A caretaker relative may request a hearing to contest the basis for a reduction in or termination of an aid payment under this section 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 411.075 (Family Services Review Commission) the status of and outcomes for families for whom aid has been reduced or terminated under subsection (4) 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; 2015 c.765 §12]

(formerly 418.045)

Notes of Decisions

The states are not re­quired by federal law to allow cash reserves for welfare recipients. Bradford v. Juras, 331 F Supp 167 (1971)

Income tax refunds are properly used in determining need for public assistance. Walker v. Juras, 16 Or App 295, 518 P2d 663 (1974)

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.