Chapter 412 — Chapter 412

ORS 412.001 Definitions. As used in ORS 412.001 to 412.155 and 418.647, unless the context or a specially applicable statutory definition requires otherwise

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ORS 412.002 Legislative findings. (1) The Legislative Assembly finds that

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ORS 412.005 [1961 c.633 §2; 1965 c.94 §1; 1969 c.69 §1; 1969 c.597 §246; 1973 c.651 §3; 2001 c.900 §98; repealed by 2005 c.381 §30]

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ORS 412.006 Administration of temporary assistance for needy families program; rules. (1) The Department of Human Services shall administer the temporary assistance for needy families program, consistent with the requirements in 45 C.F.R. part 260, to provide to families with children

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ORS 412.007 Determination of amount of aid; rules. (1) The eligibility for and amount of aid to be granted for any dependent child or relative pursuant to ORS 412.006 shall be determined, in accordance with the rules of the Department of Human Services, taking into account

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ORS 412.009 Engagement in JOBS; disqualification; rules. (1) The Legislative Assembly finds that

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ORS 412.010 [Repealed by 1961 c.633 §14]

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ORS 412.011 Support service payments to prevent loss of employment. The Department of Human Services may provide support service payments, as prescribed by rule, for transportation, housing or other costs as necessary to prevent the loss of employment that will result in the family qualifying for temporary assistance for needy families program aid under ORS 412.006. [2015 c.765 §2; 2019 c.602 §3]

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ORS 412.014 State Family Pre-SSI/SSDI program; rules. (1) There is created in the Department of Human Services the State Family Pre-SSI/SSDI program. The department shall provide aid under this section to families that are eligible for temporary assistance for needy families under ORS 412.001 to 412.069 and that include a needy caretaker relative who is unable to maintain substantial gainful activity due to a disability or combination of disabilities that meet the criteria of section 216 of the Social Security Act

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ORS 412.015 [1961 c.633 §1; repealed by 2005 c.381 §30]

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ORS 412.016 Enrollment in educational institution as allowable work activity. (1) A parent who applies for or receives temporary assistance for needy families under ORS 412.001 to 412.069 and who meets the criteria described in subsection (2) of this section may enroll in and attend an educational institution as an allowable work activity for purposes of ORS 412.001 to 412.069

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ORS 412.017 [2003 c.212 §2; 2009 c.335 §1; repealed by 2019 c.602 §17]

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ORS 412.020 [Repealed by 1961 c.633 §14]

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ORS 412.024 Assignment of support rights; cooperation required for establishing parentage of child or obtaining support; exceptions; sanctions; rules. (1) An applicant or recipient of aid, except for recipients of aid under the JOBS Plus Program established in ORS 411.878, must assign to the state any rights to support that may be due from any other person to a family member for whom the applicant is applying for or receiving aid. If aid is paid and received for the support of a child, the rights to child support that any person may have for the child are deemed to have been assigned by operation of law to the state. Notice of the assignment by operation of law shall be given to the applicant at the time of application for public assistance, and shall be given to any obligee who may hold some interest in such support rights by depositing a notice in the United States mail, postage prepaid, addressed to the last-known address of such person. Assignment of support rights to the state shall be as set forth in rules adopted by the Department of Human Services and the Department of Justice

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ORS 412.025 [1961 c.633 §5; 1963 c.446 §1; 1965 c.40 §1; 1973 c.651 §4; 2005 c.22 §280; repealed by 2005 c.381 §30]

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ORS 412.026 Payment of aid to individual other than relative; rules. Subject to rules of the Department of Human Services and to such conditions and limitations as may be prescribed pursuant to the temporary assistance for needy families program

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ORS 412.028 Petition for and appointment of guardian or conservator; costs; compensation. (1) If, after such period as may be prescribed by the Department of Human Services, it appears to the department that the need for money payments of aid to a representative payee is continuing or likely to continue in any case, the department may petition for the judicial appointment of a guardian or a conservator of the estate of the relative referred to in ORS 412.026 (1). If a guardian or a conservator of the estate of the relative is appointed and duly qualified, money payments of aid otherwise payable to the relative, or representative payee, shall be paid to the guardian or the conservator until the department determines that the conditions which would justify money payments of aid to a representative payee under ORS 412.026 no longer exist

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ORS 412.029 Expenditures limited to needs of beneficiary; rules. Each money payment of aid made to a representative payee or to a guardian or a conservator under ORS 412.026 or 412.028 shall be expended by the representative payee, guardian or conservator solely to make purchases to meet the needs of the individuals with respect to whom the payment is made. However, the individuals may receive from the representative payee, guardian or conservator such portions of the money payments, and at such intervals, as may be permitted by rules adopted by the Department of Human Services. [Formerly 418.059; 2015 c.765 §14; 2019 c.602 §11]

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ORS 412.030 [Repealed by 1961 c.633 §14]

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ORS 412.034 Denial of aid when unemployed parent refuses employment. Aid under ORS 412.006 shall not be granted with respect to, or on behalf of, a dependent child living with an unemployed parent if, and for as long as, the unemployed parent of such child refuses without good cause to accept employment in which the unemployed parent is able to engage and which is offered through any employment office defined in ORS 657.010 or which is otherwise offered by any employer if such offer is determined by the Department of Human Services after notification by such employer to be a bona fide offer of such employment. [Formerly 418.075]

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ORS 412.035 [1961 c.633 §3; 1963 c.446 §2; 1967 c.204 §1; 1969 c.468 §2; repealed by 2005 c.381 §30]

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ORS 412.039 Cooperation of department with Director of Employment Department and all available workforce services to find employment for parent. (1) The Legislative Assembly declares that it is in the public interest of the State of Oregon that all available workforce services, including those authorized under other provisions of law, be utilized to provide incentives, opportunities and necessary services to appropriate individuals in order that they may be employed in the regular economy, may be trained for regular employment and may participate in special work projects

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ORS 412.040 [Repealed by 1961 c.633 §14]

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ORS 412.044 Cooperation with other agencies to provide vocational training. The Department of Human Services and any other state agency, which administers, supervises or participates in the administration of programs of public vocational or adult education services available in this state, may enter into and execute cooperative arrangements looking toward maximum utilization of such services to encourage the training or retraining of individuals participating in a community work and training program as defined in ORS 411.855, and otherwise to assist such individuals in preparing for regular employment. [Formerly 418.097]

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ORS 412.045 [1961 c.633 §4; 1965 c.556 §19; repealed by 2005 c.381 §30]

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ORS 412.049 Powers and duties of department; rules. The Department of Human Services shall

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ORS 412.050 [Repealed by 1961 c.633 §14]

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ORS 412.054 Application for aid. Application for aid under ORS 412.001 to 412.069 shall be made to the Department of Human Services by the relative with whom the child lives. The application shall be in the manner and upon the form prescribed by the department. [Formerly 418.110; 2015 c.70 §9; 2015 c.765 §17]

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ORS 412.055 [1961 c.633 §6; 1965 c.468 §1; 1967 c.116 §1; 1969 c.69 §2; 1969 c.636 §1; 1973 c.394 §1; repealed by 2005 c.381 §30]

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ORS 412.059 Investigation of eligibility of child; rules. Whenever the Department of Human Services receives a notification of the dependency of a child or an application for aid, a record shall promptly be made of the circumstances, relating the facts supporting the application and such other information as may be required by the rules and regulations of the department. [Formerly 418.115]

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ORS 412.060 [Repealed by 1961 c.633 §14]

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ORS 412.064 Authority to determine eligibility. The Department of Human Services shall decide whether the child is eligible for aid under ORS 412.001 to 412.069 and determine the date on which the aid granted shall begin. [Formerly 418.120; 2015 c.70 §10; 2015 c.765 §18]

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ORS 412.065 [1961 c.633 §7; 1967 c.285 §1; 1969 c.68 §5; 1971 c.779 §31; repealed by 2005 c.381 §30]

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ORS 412.069 Appeal from denial of or failure to act on application or from modification or cancellation of aid. If an application is not acted upon within a reasonable time after the filing of the application or is denied in whole or in part, or if any grant of aid is modified or canceled, the applicant or recipient may petition the Department of Human Services for review in the county which the applicant or recipient elects as provided by ORS chapter 183. [Formerly 418.125]

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ORS 412.070 [Amended by 1955 c.364 §5; repealed by 1961 c.633 §14]

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ORS 412.072 Requirements when victims of domestic violence apply for or receive TANF; confidentiality. (1) The Department of Human Services shall

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ORS 412.074 Use and custody of records of temporary assistance for needy families program; rules. (1) Except as otherwise provided in this section and except for purposes directly connected with the administration of the temporary assistance for needy families program, delivery or administration of programs and services the Department of Human Services is authorized to deliver and administer pursuant to ORS 409.010 or as necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services and in accordance with the rules of the department, a person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of or names of, or any information concerning, persons applying for or receiving such aid, directly or indirectly derived from the records, papers, files or communications of the department or acquired in the course of the performance of official duties

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ORS 412.075 [1961 c.633 §8; 1971 c.734 §42; 1971 c.779 §32; repealed by 2005 c.381 §30]

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ORS 412.076 [Formerly 418.150; repealed by 2015 c.765 §28]

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ORS 412.079 Time limits; exceptions; rules. (1) Except as provided in subsections (2) and (3) of this section, a needy caretaker relative may not receive aid under ORS 412.006 if the needy caretaker relative has received aid under the temporary assistance for needy families program in this state or any other state for more than a total of 60 months

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ORS 412.080 [Repealed by 1961 c.633 §14]

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ORS 412.084 Minor parents’ eligibility to receive assistance and support services. (1) A person who is a minor parent of a child and is receiving or applying for aid shall reside with the person’s parent, parents or legal guardian. The person may substitute an alternative supervised living arrangement if the Department of Human Services determines that it is unsafe or impractical for the person to reside with the person’s parent, parents or legal guardian. Failure of a minor parent applying for or receiving temporary assistance for needy families to reside with the person’s parent, parents or legal guardian or in an alternative supervised living arrangement shall result in the termination of aid

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ORS 412.085 [1961 c.633 §13; 1967 c.285 §2; 1971 c.779 §33; repealed by 2005 c.381 §30]

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ORS 412.089 Referral to mental health or drug abuse professional; provision of resources; staff training. (1) The Department of Human Services shall refer a person applying for or receiving temporary assistance for needy families to an evaluation by a mental health or drug abuse professional if the department reasonably believes such referral is necessary. The Department of Human Services shall develop guidelines to assist in the identification and referral of individuals requiring mental health or drug abuse treatment

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ORS 412.090 [Repealed by 1961 c.633 §14]

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ORS 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; use of information restricted. (1) All state, county and city agencies, officers and employees shall cooperate in the location of parents who have abandoned or deserted, or are failing to support, children receiving or applying to receive public assistance and shall on request supply the Department of Human Services, the Division of Child Support of the Department of Justice or the district attorney of any county in the state with all information on hand relative to the location, income and property of such parents, including information disclosed to the Division of Child Support under ORS 314.840 (2)(k). The granting of aid to the applicant shall not be delayed or contingent upon receipt of the answer to such requests by the Department of Human Services, the Division of Child Support or the district attorney. The Department of Human Services shall use such information only for the purposes of administration of public assistance to such children, and the district attorney and the Division of Child Support shall use such information only for the purpose of enforcing the liability of such parents to support such children, and neither shall use the information or disclose it for any other purpose. Any person who violates this prohibition against disclosure, upon conviction, is punishable as provided in ORS 314.991 (2)

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ORS 412.095 [1961 c.633 §9; 1969 c.69 §3; repealed by 2005 c.381 §30]

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ORS 412.099 [Formerly 418.140; repealed by 2015 c.765 §28]

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ORS 412.100 [Repealed by 1961 c.633 §14]

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ORS 412.104 [Formerly 418.145; repealed by 2015 c.765 §28]

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