Chapter 212 Oregon Laws 2003

AN ACT

HB 2450

Relating to temporary assistance for needy families program; creating new provisions; and amending ORS 418.131.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) Subject to the limitation in section 2 of this 2003 Act, a parent who applies for or receives temporary assistance for needy families under ORS 418.035 to 418.125 who meets the criteria described in subsection (2) of this section may enroll in and attend a two-year or four-year program at an educational institution as an allowable work activity for purposes of ORS 418.035 to 418.125.

(2) To enroll in and attend an educational institution as an allowable work activity, a parent must:

(a) Be accepted for full-time attendance into or be enrolled full-time at an educational institution;

(b) Demonstrate that completion of the educational program is likely to result in employment that provides the wages and benefits necessary for the parent to support the parent’s family without temporary assistance for needy families; and

(c) Make satisfactory academic progress, as defined by the educational institution, toward a degree or certificate.

(3) A parent who is enrolled at an educational institution under this section shall receive temporary assistance for needy families under ORS 418.035 to 418.125 as well as be eligible for all other support services under the temporary assistance for needy families program. Assistance under this section does not include tuition and fees associated with enrollment at an educational institution.

(4) The Department of Human Services shall inform all parents applying for or participating in the temporary assistance for needy families program of the option to enroll in an educational institution and the requirements under subsection (2) of this section.

(5) The department shall adopt rules to implement and administer this section.

(6) As used in this section, “educational institution” has the meaning given that term in ORS 348.105.

SECTION 2. For a calendar year, the number of parents enrolled in an educational institution under section 1 of this 2003 Act may not exceed one percent of the number of households receiving temporary assistance for needy families on January 1 of the calendar year.

SECTION 3. ORS 418.131 is amended to read:

418.131. (1) A person shall not receive aid for more than a total of 24 months in any period of 84 consecutive months.

(2) For purposes of determining the 24-month limitation described in subsection (1) of this section, a month in which one parent of a family receiving aid under ORS 418.035 to 418.125 receives gross earnings in an amount equal to 173 times the hourly minimum wage as provided in ORS 653.025 but in an amount that does not exceed the eligibility requirements for aid under ORS 418.035 to 418.125 shall be counted as two-fifths of a month.

(3) The 24-month limitation described in subsection (1) of this section shall not apply to:

(a) A month in which a dependent child receiving aid resides with a person other than the child’s natural or adoptive parent;

(b) Up to three months within a two-year period for the care of any family members who suffer serious health conditions as defined in ORS [659.565] 659A.150; or

(c) A household with only one parent in which the basis of eligibility is the incapacity of that parent or, in a household with two parents, if both parents are incapacitated or one parent is required in the home to care for the incapacitated parent.

(4) A person whose aid is terminated under subsection (1) of this section may become eligible to receive aid, as determined by the Department of Human Services, in excess of 24 months if:

(a) The former recipient is a dependent child in a two-parent household and the primary wage earner in the household dies;

(b) The former recipient is a dependent child and the child resides with a person other than the parent, parents or legal guardian with whom the child lived at the time the child was receiving aid; or

(c) The former recipient is a parent of a dependent child receiving aid and the department determines that the parent is making diligent efforts in good faith to obtain permanent employment. The number of families receiving aid under this paragraph in any month may not exceed one percent of the total number of families receiving aid in that month or 400 families, whichever is greater.

(5)(a) The time limitations described in subsection (1) of this section [shall] do not apply to any person who is:

(A) Required to participate in the JOBS Program unless the person has been offered the opportunity to participate in an education, employment or job training program including teen parent programs as defined by the department.

[(b)] (B) [A person is not subject to the time limitations of subsection (1) of this section if the person is] Participating in an employment and training program including any employment search activities required by the program.

(C) Enrolled at an educational institution under section 1 of this 2003 Act.

[(c)] (b) The department shall report to each session of the Legislative Assembly the number of families whose period of time receiving aid has exceeded the time limitations of subsection (1) of this section because of the exceptions provided under [paragraphs (a) and (b)] paragraph (a) of this subsection. The report shall include information sufficient to permit the Legislative Assembly to determine if the exceptions make a significant contribution to increased self-sufficiency of persons granted an exemption.

(6)(a) The Department of Human Services shall monitor the average period of time a person receives aid [as described in ORS 418.035 to 418.125] and shall record such information by family size. The department shall monitor the wages and benefits received by an individual who becomes employed while receiving aid, including medical and child care benefits. The department shall monitor and record the rate at which persons who cease receiving aid for employment subsequently apply for and receive aid.

(b) The department shall report the results of the monitoring required under paragraph (a) of this subsection to the Legislative Assembly not later than the 15th day of each legislative session.

SECTION 4. Sections 1 and 2 of this 2003 Act and the amendments to ORS 418.131 by section 3 of this 2003 Act apply to any period during which the necessary waivers from the United States Department of Health and Human Services are in effect or federal law permits enrollment at an educational institution as an allowable work activity.

Approved by the Governor June 4, 2003

Filed in the office of Secretary of State June 5, 2003

Effective date January 1, 2004

__________