ORS 412.009
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 and an ongoing process to ensure that the case plan is appropriate.

(3)

Intentionally left blank —Ed.

(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; 2019 c.602 §9]

Source: Section 412.009 — Engagement in JOBS; disqualification; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors412.­html.

(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)

412.001
Definitions
412.002
Legislative findings
412.006
Administration of temporary assistance for needy families program
412.007
Determination of amount of aid
412.009
Engagement in JOBS
412.011
Support service payments to prevent loss of employment
412.014
State Family Pre-SSI/SSDI program
412.016
Enrollment in educational institution as allowable work activity
412.024
Assignment of support rights
412.026
Payment of aid to individual other than relative
412.028
Petition for and appointment of guardian or conservator
412.029
Expenditures limited to needs of beneficiary
412.034
Denial of aid when unemployed parent refuses employment
412.039
Cooperation of department with Director of Employment Department and all available workforce services to find employment for parent
412.044
Cooperation with other agencies to provide vocational training
412.049
Powers and duties of department
412.054
Application for aid
412.059
Investigation of eligibility of child
412.064
Authority to determine eligibility
412.069
Appeal from denial of or failure to act on application or from modification or cancellation of aid
412.074
Use and custody of records of temporary assistance for needy families program
412.079
Time limits
412.084
Minor parents’ eligibility to receive assistance and support services
412.089
Referral to mental health or drug abuse professional
412.094
Public officials to cooperate in locating and furnishing information concerning parents of children receiving or applying to receive public assistance and in prosecuting nonsupport cases
412.109
Policy on absent parent
412.124
Post-TANF aid to employed families
412.139
Duties of department relating to federal law
412.144
Duties of department relating to other agencies
412.151
Statewide electronic benefits transfer system
412.155
Additional monthly payments of elderly rental assistance
412.161
Policy on two-parent families
412.991
Criminal penalties
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