Title 34, Human Services; Juvenile Code; Corrections
17 chapters · 1,638 sections in this title.
ORS 411.010 Definitions
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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: (1) General assistance means assistance or service of any character provided to needy pers…
ORS 411.060 Rules
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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; 197…
ORS 411.070 Statewide standards for public assistance; rules
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(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. (2) In establishing uniform statewide standards for public assistance, the department, wi…
ORS 411.072 Public process required if waiver of federal requirement involves policy change
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(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 …
ORS 411.081 Public assistance application required; declaration of eligibility; report on change in circumstance; recovery of assistance from SSI award
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(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 applicants eligibility to receive as…
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
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(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 …
ORS 411.085 Reconsideration of grants of public assistance
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(1) The Department of Human Services may reconsider a grant of general assistance or a grant of public assistance only for the following purposes: (a) To correct an inadvertent clerical or mathematical error made when determining a grant of general assistance or a grant of public…
ORS 411.087 Statement required to obtain public assistance
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(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 individu…
ORS 411.089 Receipts for documents supplied by applicants for and recipients of public assistance or medical assistance
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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] Note: 411.089, 411.091 and 411.093 were adde…
ORS 411.091 Time for issuance of public assistance; effect of delay
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(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 recipients electronic benefits transfer card for that month. (2) If the department …
ORS 411.093 Treatment of public assistance applicants and recipients; grievance procedure
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(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. (2) Any applicant or recipient who alleges discourteous, unfair or undignified treatment by department personnel or all…
ORS 411.095 Notice and hearings for public assistance and medical assistance; rules
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(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, th…
ORS 411.097 Content of notices of termination of public assistance
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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 affectin…
ORS 411.099 Assessment for service eligibility
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(1) As used in this section: (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 individuals requirements for assistance i…
ORS 411.101 Service eligibility notification procedures and standards for communications; rules
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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 b…
ORS 411.103 Notice by regular or electronic mail to recipient of public assistance or medical assistance; final order by default
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(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 und…
ORS 411.116 Department contracts and intergovernmental agreements for providing social services to individuals; rules
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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 se…
ORS 411.119 Prohibition against denial of public assistance or medical assistance based on drug conviction; exception
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(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 felon…
ORS 411.121 Local district pilot projects; rules
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(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…
ORS 411.122 Department to make dependent care payments directly to providers
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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] Note: 411.122 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 41…
ORS 411.128 Departments acceptance of gifts and grants for scholarships
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(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. (2) Th…
ORS 411.135 Department cooperation with federal government in research and training personnel
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In addition to its other powers, the Department of Human Services may: (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 proje…
ORS 411.137 Contributions by state and counties for medical assistance demonstration projects under ORS 411.135
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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 co…
ORS 411.139 Grants for assisting refugees
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(1) As used in this section: (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 ind…
ORS 411.141 Authorized expenditures by department for public assistance and OSIP medical assistance
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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, expenditur…
ORS 411.142 Quarterly allocation of funds for each category of public assistance
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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 estim…
ORS 411.144 Deposit of funds received for public assistance purposes; appropriation
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(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 r…
ORS 411.146 Payment of public assistance claims; rules
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Warrants shall be drawn by the Oregon Department of Administrative Services in favor of the Department of Human Services for the aggregate amounts of public assistance or refunds to counties duly certified by the department to be due to any person or county in such amount as may …
ORS 411.148 Public Welfare Account
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(1) There hereby is established in the General Fund of the State Treasury an account to be known as the Public Welfare Account. All moneys in the Public Welfare Account hereby are appropriated for and shall be used by the Department of Human Services for the respective purposes a…
ORS 411.149 Advancements from Public Welfare Account to meet public assistance claims payable from federal funds
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Pending receipt by the State Treasurer of federal funds for the payment of public assistance, the moneys in the Public Welfare Account appropriated for expenditure by the Department of Human Services for public assistance purposes shall be expended to the extent necessary to meet…
ORS 411.151 Department of Human Services revolving fund
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The revolving fund in the amount of $50,000 established by warrant drawn on the State Treasurer by the Oregon Department of Administrative Services payable out of the Public Welfare Account in favor of the Department of Human Services is continued. The revolving fund shall be use…
ORS 411.154 Report to Legislative Assembly
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The Department of Human Services shall report to each odd-numbered year regular session of the Legislative Assembly on the status and efficacy of: (1) The domestic violence identification process under ORS 412.072; (2) Emergency assistance utilization for victims of domestic viol…
ORS 411.171 Certain job referrals prohibited; eligibility not conditioned on employment at workplace involved in labor dispute
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(1) The Department of Human Services may not refer any individual on a job referral that would aid in the filling of a job opening that exists because of a labor dispute. (2) Notwithstanding any other provision of law, neither the department nor any other state agency may require…
ORS 411.175 Scholarships and grants for public assistance recipients
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(1) In addition to any other scholarships or grants provided by law and subject to the availability of funds in the Department of Human Services Scholarship Account, the Department of Human Services may award tuition and fee-exempting scholarships or grants and additional funds f…
ORS 411.300 Use and custody of records; authorization for department to combine data system with Oregon Health Authority; rules
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(1) The Department of Human Services shall adopt and enforce rules governing the custody, use and preservation of the records, papers, files and communications of the department in accordance with applicable privacy laws. The use of the records, papers, files and communications i…
ORS 411.320 Disclosure and use of records limited to purposes connected to administration of public assistance programs; contents as privileged communication; exceptions
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(1) For the protection of applicants for and recipients of public assistance, except as otherwise provided in this section, the Department of Human Services may not disclose or use the contents of any public assistance records, files, papers or communications for purposes other t…
ORS 411.335 Prohibited use of lists or names
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No person or agency shall solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in or acquiesce in the use of, any lists or names for commercial or political purposes of any nature, or for any purpose not directly connected with the administration o…
ORS 411.400 Application for medical assistance
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(1) An application for any category of aid shall also constitute an application for medical assistance. (2) The Department of Human Services and the Oregon Health Authority shall accept an application for medical assistance and any required verification of eligibility from the ap…
ORS 411.402 Procedures for verifying eligibility for medical assistance; rules
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(1) The Department of Human Services and the Oregon Health Authority shall adopt by rule, consistent with federal requirements, the procedures for verifying eligibility for medical assistance, including but not limited to all of the following: (a) The department and the authority…
ORS 411.404 Determination of eligibility for medical assistance; rules
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(1) The Department of Human Services or the Oregon Health Authority shall determine eligibility for medical assistance according to criteria prescribed by rule and in accordance with the requirements for securing federal financial participation in the costs of administering Title…
ORS 411.406 Notice of change in circumstances
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(1) A medical assistance recipient shall immediately notify the Department of Human Services or the Oregon Health Authority, if required, of the receipt or possession of property or income or other change in circumstances that directly affects the eligibility of the recipient to …
ORS 411.408 Hearing on eligibility for medical assistance; rules
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In addition to the requirements in ORS 414.605 (3) and 414.712 (5), if the Oregon Health Authority or the Department of Human Services denies a claim for medical assistance or fails to act with reasonable promptness on a claim for medical assistance, the person making the claim m…
ORS 411.435 Enrollment of medical assistance program clients; agreements with local governments
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The Oregon Health Authority and the Department of Human Services shall endeavor to develop agreements with local governments to facilitate the enrollment of medical assistance program clients. Subject to the availability of funds therefor, the agreement shall be structured to all…
ORS 411.439 Twelve-month continuation of medical assistance of persons with serious mental illness admitted to state hospital
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(1) As used in this section: (a) Person with a serious mental illness means a person who is diagnosed by a psychiatrist, a licensed clinical psychologist or a certified nonmedical examiner as having dementia, schizophrenia, bipolar disorder, major depression or other affective …
ORS 411.447 Suspension of medical assistance provided to inmates
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(1) As used in this section, correctional facility means: (a) A local correctional facility as defined in ORS 169.005; (b) A Department of Corrections institution as defined in ORS 421.005; or (c) A youth correction facility as defined in ORS 162.135. (2) The Department of Huma…
ORS 411.463 Availability of information on all licensed healing arts
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When giving information concerning medical assistance, the Oregon Health Authority and the Department of Human Services shall make available to applicants or recipients materials which include at least a listing of all the healing arts licensed in this state. [Formerly 414.073; 2…
ORS 411.593 Investigations; power to subpoena, administer oaths, take depositions and fix witness fees
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(1) In connection with any public assistance investigation or hearing, the Director of Human Services, the Director of the Oregon Health Authority or any examiner, referee or other officer duly appointed to conduct the investigation or hearing may by subpoena compel the attendanc…
ORS 411.594 Petition for enforcement of subpoena issued under ORS 411.593
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(1) In case of the refusal of a witness to attend or testify or produce any papers required by such subpoena, the person designated by the subpoena as the person before whom the testimony is to be given or the papers produced, may petition the circuit court in and for the county …
ORS 411.596 Court order to show cause issued upon filing of petition for enforcement of subpoena
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Upon the filing of such a petition, the court shall enter an order, a copy of which shall be served upon the witness, directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of…
ORS 411.597 Court may compel appearance of witness before petitioner
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(1) If at the hearing provided for in ORS 411.596 it is apparent to the court that the subpoena was regularly issued, the court shall thereupon enter an order that the witness appear before the petitioner at a time and place to be fixed in such order, and testify and produce the …