252 sections in this chapter.
ORS 411.010 Definitions. As used in this chapter and in other statutes providing for assistance and services to needy persons, unless the context or a specially applicable statutory definition requires otherwise
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(1) “General assistance” means assistance or service of any character provided to needy persons not otherwise provided for to the extent of such need and the availability of funds, including medical, surgical and hospital or other remedial care. (2) “Public assistance” means the …
ORS 411.040 [1969 c.597 §227; 1983 c.740 §140; 1999 c.59 §106; repealed by 2001 c.900 §261]
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[Repealed or reserved.]
ORS 411.050 [Amended by 1969 c.314 §34; repealed by 1969 c.597 §281]
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[Repealed or reserved.]
ORS 411.060 Rules. Subject to ORS 417.300 and 417.305, the Department of Human Services shall adopt and enforce rules necessary to ensure full compliance with federal and state laws relating to public assistance programs and functions administered by the department. [Amended by 1969 c.597 §229; 1971 c.319 §8; subsection (2) enacted as 1971 c.779 §72; 1977 c.267 §17; 1989 c.834 §15; 2003 c.14 §178; 2005 c.381 §5; 2011 c.720 §91]
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[Repealed or reserved.]
ORS 411.062 [1979 c.834 §2; 2001 c.900 §218; renumbered 411.970 in 2009]
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[Repealed or reserved.]
ORS 411.064 [1979 c.834 §3; repealed by 2001 c.900 §261]
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[Repealed or reserved.]
ORS 411.070 Statewide standards for public assistance; rules. (1) The Department of Human Services shall adopt by rule statewide uniform standards for all public assistance programs and shall effect uniform observance of the rules throughout the state
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(2) In establishing uniform statewide standards for public assistance, the department, within the limits of available funds, shall: (a) Take into consideration all basic requirements for a standard of living compatible with decency and health, including food, shelter, clothing, f…
ORS 411.072 Public process required if waiver of federal requirement involves policy change. (1) As used in this section “policy change” includes any change in the operation of public assistance programs that affects recipients adversely in any substantial manner, including but not limited to the denial, reduction, modification or delay of benefits. “Policy change” does not include any procedural change that affects internal management but does not adversely and substantially affect the interest of public assistance recipients
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(2) The Department of Human Services may submit applications for waiver of federal statutory or regulatory requirements to the federal government or any agency thereof. Prior to the submission of any application for waiver that involves a policy change, and prior to implementatio…
ORS 411.075 [Formerly 411.125; 2015 c.765 §8; repealed by 2025 c.405 §3]
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[Repealed or reserved.]
ORS 411.077 [Formerly 411.145; repealed by 2015 c.765 §28]
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[Repealed or reserved.]
ORS 411.078 [Formerly 411.155; repealed by 2015 c.765 §28]
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[Repealed or reserved.]
ORS 411.080 [Amended by 1969 c.597 §230; repealed by 1971 c.319 §11]
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APPLICATION; DETERMINATION; RECONSIDERATION
ORS 411.081 Public assistance application required; declaration of eligibility; report on change in circumstance; recovery of assistance from SSI award. (1) A person seeking public assistance shall file an application for public assistance with the Department of Human Services. At the time of application, the applicant shall declare to the department any circumstance that directly affects the applicant’s eligibility to receive assistance or the amount of assistance available to the applicant. Upon the receipt of property or income or upon any other change in circumstances that directly affects the eligibility of the recipient to receive assistance or the amount of assistance available to the recipient, the applicant, recipient or other person in the assistance household shall immediately notify the department of the receipt or possession of such property or income, or other change in circumstances. The department shall recover from the recipient the amount of assistance improperly disbursed by reason of failure to comply with the provision of this section
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(2) The department may recover any cash assistance granted for general assistance under ORS 411.710 to 411.730 and 411.752, and the recipient’s portion of the aid described in ORS 412.014 (3), that has been paid to any recipient 18 years of age or older when the recipient is pres…
ORS 411.083 Income and resources that may be disregarded in determining eligibility for public assistance and medical assistance; rules; presentation of fiscal analysis to Emergency Board. (1) The Department of Human Services, in consultation with the Oregon Health Authority, may prescribe by rule that income and resources may be disregarded in the determination of eligibility and the amount of need with respect to a recipient of or applicant for public assistance under ORS 411.706 and ORS chapter 414, if required by federal law or rules adopted pursuant thereto or if authorized by the Legislative Assembly, including any increase in the amount of assistance that is authorized by section 4, Public Law 93-233 (87 Stat. 953) and which is also being paid on March 5, 1974
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(2) The department, in consultation with the authority, shall prescribe by rule that in the determination of eligibility and the amount of need with respect to a recipient of or applicant for public assistance under ORS 411.706 and ORS chapter 414: (a) Any increase in the amount …
ORS 411.085 Reconsideration of grants of public assistance. (1) The Department of Human Services may reconsider a grant of general assistance or a grant of public assistance only for the following purposes
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(a) To correct an inadvertent clerical or mathematical error made when determining a grant of general assistance or a grant of public assistance; (b) To correct misinformation provided to an applicant or recipient by the department; (c) To consider facts not previously known to t…
ORS 411.087 Statement required to obtain public assistance. (1) Every person 18 years of age or over who applies for or receives any type of general assistance or public assistance, as defined in ORS 411.010, whether the general assistance or public assistance is applied for or received for the benefit of the person or of another individual, shall execute to the Department of Human Services at the time of making the application, and at such times as may be required by the department, written statements relating to each individual for whose benefit the general assistance or public assistance is applied for or received, and to any person who has a duty to support the individual, or to whom the individual owes a duty of support. The statements must include, but need not be limited to, as much of the following information, relating to each individual or other person, as may be specified or required by the department
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(a) The name of the individual, address, date and place of birth, residence, family relationships, and the composition of the household in which the individual lives; (b) The financial circumstances of the individual and means of and ability for support of the individual and othe…
ORS 411.089 Receipts for documents supplied by applicants for and recipients of public assistance or medical assistance. The Department of Human Services shall provide written receipts to applicants and recipients for all documents delivered to a local office by the applicant or recipient upon the request of the applicant or recipient. [Formerly 411.972]
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Note: 411.089, 411.091 and 411.093 were added to and made a part of ORS chapter 411 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
ORS 411.090 [Amended by 1969 c.597 §231; repealed by 2001 c.900 §261]
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[Repealed or reserved.]
ORS 411.091 Time for issuance of public assistance; effect of delay. (1) For all recipients who are on the monthly reporting system, the Department of Human Services has 10 calendar days from the date the department receives a complete monthly report to credit the recipient’s electronic benefits transfer card for that month
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(2) If the department fails to credit the recipient’s electronic benefits transfer card in a timely manner pursuant to this section, the recipient may request that the recipient’s electronic benefits transfer card be immediately credited for the amount of assistance due to the re…
ORS 411.093 Treatment of public assistance applicants and recipients; grievance procedure. (1) All applicants for and recipients of public assistance shall be treated in a courteous, fair and dignified manner by Department of Human Services personnel
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(2) Any applicant or recipient who alleges discourteous, unfair or undignified treatment by department personnel or alleges that incorrect or inadequate information regarding public assistance programs has been provided by department personnel may file a grievance with the depart…
ORS 411.095 Notice and hearings for public assistance and medical assistance; rules. (1)(a) Except as provided in paragraph (b) of this subsection, when the Department of Human Services or the Oregon Health Authority changes a benefit standard that results in the reduction, suspension or closure of a grant of public assistance or a grant of medical assistance, the department or the authority shall mail a notice of intended action to each recipient affected by the change at least 30 days before the effective date of the action
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(b) If the department or the authority has fewer than 60 days before the effective date to implement a proposed change described in paragraph (a) of this subsection, the department or the authority shall mail a notice of intended action to each recipient affected by the change as…
ORS 411.097 Content of notices of termination of public assistance. When the Department of Human Services terminates a grant of public assistance due to the ineligibility of a recipient or the termination of a public assistance program, the department shall include in the notice of termination a statement indicating that if circumstances affecting the eligibility of the recipient change, the recipient may contact the department and reapply for public assistance. [2005 c.692 §2]
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[Repealed or reserved.]
ORS 411.099 Assessment for service eligibility. (1) As used in this section
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(a) “Activities of daily living” has the meaning given that term in ORS 410.600. (b) “Assessment for service eligibility” means a process of evaluating the functional impairment levels of an individual and an individual’s requirements for assistance in performing activities of da…
ORS 411.100 [Repealed by 1971 c.779 §78]
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[Repealed or reserved.]
ORS 411.101 Service eligibility notification procedures and standards for communications; rules. No later than July 1, 2006, the Department of Human Services shall adopt rules establishing notification procedures regarding reassessments for service eligibility and standards for communications between an individual being assessed, and caregivers and family of the individual being assessed, and the case managers who are responsible for implementing the notification procedures. [2005 c.414 §4]
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Note: See note under 411.099.
ORS 411.103 Notice by regular or electronic mail to recipient of public assistance or medical assistance; final order by default. (1) The Department of Human Services may serve a notice described in ORS 183.415 by regular mail or, if requested by the recipient of the notice, by electronic mail. The legal presumption described in ORS 40.135 (1)(q) does not apply to a notice that is served by regular mail under this section
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(2) Except as provided in subsection (3) of this section, a contested case notice served in accordance with subsection (1) of this section that complies with ORS 183.415 but for service by regular or electronic mail becomes a final order against a party and is not subject to ORS …
ORS 411.105 [1969 c.68 §3; 1975 c.178 §1; 1977 c.194 §1; 2005 c.381 §6; 2007 c.861 §9; renumbered 411.081 in 2009]
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[Repealed or reserved.]
ORS 411.110 [Repealed by 1969 c.68 §1 (411.111 enacted in lieu of 411.110)]
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[Repealed or reserved.]
ORS 411.111 [1969 c.68 §2 (enacted in lieu of 411.110); 2005 c.381 §29; renumbered 411.085 in 2009]
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[Repealed or reserved.]
ORS 411.113 [1971 c.779 §73; 2001 c.900 §86; repealed by 2005 c.381 §30]
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[Repealed or reserved.]
ORS 411.114 [1973 c.651 §2; repealed by 2005 c.381 §30]
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[Repealed or reserved.]
ORS 411.115 [1957 c.572 §1; 1961 c.620 §2; 1965 c.556 §16; 1971 c.779 §9; repealed by 1975 c.180 §1 (411.116 enacted in lieu of 411.115)]
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PAYMENTS AND DELIVERY OF SERVICES
ORS 411.116 Department contracts and intergovernmental agreements for providing social services to individuals; rules. In addition to its other powers, the Department of Human Services may adopt rules and enter into contracts and intergovernmental agreements, subject to availability of funds therefor and consistent with federal and state law and regulations, for the purpose of providing social services, including protection, job preparation and support services, reduction of unintended pregnancy and provision of information and referrals for community, medical and social resources, to those individuals in need of, or who request such services. [1975 c.180 §2 (enacted in lieu of 411.115); 1997 c.581 §5]
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[Repealed or reserved.]
ORS 411.117 [1997 c.330 §2; 2011 c.9 §53; 2023 c.271 §1; renumbered 412.072 in 2023]
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[Repealed or reserved.]
ORS 411.118 [1997 c.330 §3; renumbered 411.154 in 2009]
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[Repealed or reserved.]
ORS 411.119 Prohibition against denial of public assistance or medical assistance based on drug conviction; exception. (1) Except as provided in subsection (2) of this section, a person who is otherwise eligible to receive public assistance, including supplemental nutrition assistance, or medical assistance may not be denied assistance because the person has been convicted of a drug-related felony
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(2) The Department of Human Services may suspend a person’s supplemental nutrition assistance if: (a) The person has been convicted of the manufacture or delivery of a controlled substance under ORS 475.752 (1)(a) to (c); and (b) The person is on probation, parole or post-prison …
ORS 411.120 [Amended by 1957 c.648 §1; 1961 c.600 §4; 1961 c.620 §3; 1965 c.556 §17; 1967 c.588 §3; 1969 c.123 §1; 1969 c.203 §1; 1971 c.779 §10; 1991 c.66 §1; 1995 c.343 §41; 1997 c.581 §6; 2005 c.381 §7; renumbered 411.141 in 2009]
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[Repealed or reserved.]
ORS 411.121 Local district pilot projects; rules. (1) Notwithstanding ORS 411.070, the Department of Human Services is authorized to establish and implement local district pilot projects that promote the improvement of work skills, education and employability by offering client incentives that reward significant progress leading toward self-sufficiency. Client incentives offered under this section shall not exceed the equivalent of one month’s temporary assistance for needy families grant in any 12-month period. No applicant or recipient participating in a pilot program shall be disadvantaged by such participation
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(2) The department shall monitor the results of any approved pilot projects to determine the types of client incentives that result in positive client performance. Within the limit of existing funds, the department may implement statewide those client incentives that prove to be …
ORS 411.122 Department to make dependent care payments directly to providers. The Department of Human Services shall provide dependent care payments directly to dependent care providers for eligible families. [1989 c.1047 §1; 1995 c.278 §47]
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Note: 411.122 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 411 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 411.125 [1969 c.597 §228b; 1971 c.779 §71; 1981 c.545 §8; 1991 c.10 §1; 1999 c.422 §1; 2001 c.900 §87; renumbered 411.075 in 2009]
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[Repealed or reserved.]
ORS 411.128 Department’s acceptance of gifts and grants for scholarships. (1) In addition to other funds made available for education and training of public assistance recipients, the Department of Human Services may accept gifts and grants from private sources for the purpose of providing the scholarships or grants authorized under ORS 411.175
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(2) The moneys received under subsection (1) of this section shall be deposited in a special account, separate and distinct from the General Fund, to be named the Department of Human Services Scholarship Account, which account is established. All moneys in the account and all ear…
ORS 411.130 [Renumbered 411.142 in 2009]
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[Repealed or reserved.]
ORS 411.135 Department cooperation with federal government in research and training personnel. In addition to its other powers, the Department of Human Services may
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(1) Enter into agreements with, join with or accept grants from, the federal government for cooperative research and demonstration projects for public welfare purposes, including, but not limited to, any project which: (a) Relates to the prevention and reduction of dependency. (b…
ORS 411.137 Contributions by state and counties for medical assistance demonstration projects under ORS 411.135. Exclusive of all sums of money contributed by the federal government for medical assistance and administration under ORS 414.033 (2) the State of Oregon shall contribute 40 percentum and the several counties of the state in which demonstration projects are operating shall each contribute 60 percentum of all sums, including administrative costs, required to be expended for such purposes in and for such respective counties. [1975 c.509 §8; 1991 c.66 §3]
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[Repealed or reserved.]
ORS 411.139 Grants for assisting refugees. (1) As used in this section
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(a) “Eligible entity” means an entity that has, or previously had, contracted with the United States Department of State under 8 U.S.C. 1522(b) or (c) to provide initial resettlement and case management services to refugees. (b) “Refugee” means an individual who is not a United S…
ORS 411.140 [Amended by 1961 c.517 §1; repealed by 1971 c.779 §78]
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FINANCING OF PUBLIC ASSISTANCE
ORS 411.141 Authorized expenditures by department for public assistance and OSIP medical assistance. The Department of Human Services may, subject to the allotment system provided for in ORS 291.234 to 291.260, expend such sums as are required to be expended in this state to provide public assistance. Expenditures for public assistance include, but are not limited to, expenditures for the following purposes
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(1) Temporary assistance for needy families granted under ORS 412.001 to 412.069, including services to relatives with whom dependent children applying for or receiving temporary assistance for needy families are living in order to help such relatives attain the maximum self-supp…
ORS 411.142 Quarterly allocation of funds for each category of public assistance. The Department of Human Services, taking into consideration the total amount of funds available for public assistance in Oregon during the biennial period beginning July 1 of each odd-numbered year, the estimated number of beneficiaries in each category thereof, current and estimated costs of essential needs to maintain a standard of living during such period compatible with decency and health and such other matters as it may deem pertinent, shall estimate and allocate the funds available for each category of public assistance on a monthly basis subject to the quarterly revisions. Changes in such allocations, if any, shall be uniform and, as nearly as practicable and considering the above factors, proportionately equal in each such category. The monthly amounts so found estimated and allocated shall be deemed to be the funds available for each category for public assistance in Oregon. [Formerly 411.130]
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[Repealed or reserved.]
ORS 411.144 Deposit of funds received for public assistance purposes; appropriation. (1) The Department of Human Services shall deposit in the State Treasury to the credit of the General Fund all the amounts received by it from the United States Government or its agencies or from any other source for public assistance purposes. All such funds, together with any remaining balances of funds received for the purposes of public assistance of any type, hereby are appropriated for expenditure by the department for the type of public assistance for which such funds were granted to or received by the state or appropriated by the state, as the case may be
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(2) All moneys received from refunds, cancellations or recoveries resulting from public assistance payments made from state funds, as differentiated from federal or county funds, shall be paid into the State Treasury and credited to the Public Welfare Account and hereby are appro…
ORS 411.145 [1971 c.779 §69; 1993 c.88 §§1,2; 2001 c.900 §88; renumbered 411.077 in 2009]
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[Repealed or reserved.]