74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1701
House Bill 2469
Sponsored by Representative KOTEK
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Expands temporary assistance for needy families to include new
temporary assistance for needy families SSI program and new
temporary assistance for needy families program for working
families. Eliminates absent parent requirement for receipt of
aid.
Describes work activities for job opportunity and basic skills
program. Requires screening, assessment and case planning.
Creates special provisions for participants with disabilities.
Extends program exemption to 12 months for parent of newborn.
Authorizes sanctions for failing to comply with case plan in
program.
Changes time limit for receipt of temporary assistance for
needy families to 60-month lifetime limit. Specifies exceptions.
Exempts specified participants in temporary assistance for
needy families program and temporary assistance for needy
families SSI program from requirement to assign child support.
Requires Department of Human Services to implement child support
pass-through. Adds temporary assistance for needy families
recipients to list of individuals rebuttably presumed to be
unable to pay child support. Authorizes department to recover
adult portion of temporary assistance for needy families from
retroactive Supplemental Security Income payments.
A BILL FOR AN ACT
Relating to public assistance for families with dependent
children; creating new provisions; amending ORS 25.245,
411.070, 411.105, 411.892, 414.025, 418.035, 418.040, 418.042,
418.045, 418.070, 418.075, 418.085, 418.131, 418.132, 418.155,
418.160 and 418.163; and repealing ORS 418.095, 418.149 and
418.185.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 418.035 is amended to read:
418.035. As used in ORS 418.035 to 418.172, unless the context
or a specially applicable statutory definition requires
otherwise:
(1) 'Aid' means money payments with respect to, or on behalf
of, a dependent child or children and includes:
(a) Money payments to meet the needs of the relative with whom
the child is living and { - : - }
{ - (A) - } the spouse of the relative if the spouse lives
with the relative { - , - } { + and + } the relative is the
child's parent { - and the child is a dependent child by reason
of the physical or mental incapacity of a parent; or - }
{ + . + }
{ - (B) The spouse of the relative if the spouse lives with
the relative, the relative is the child's parent and the child is
a dependent child as defined in ORS 418.070 (2)(a) and is
dependent by reason of the unemployment of parents. - }
(b) Payments made to a representative payee or guardian
pursuant to ORS 418.050 or 418.054.
(2)(a) 'Dependent child' means a needy child:
{ - (A) Who has been deprived of parental support or care by
reason of the death, continued absence from the home or physical
or mental incapacity of a parent; - }
{ - (B) - } { + (A) + } Whose relatives are not able to
provide adequate care and support for the child without public
assistance, as defined in ORS 411.010;
{ - (C) - } { + (B) + } Who is living with the child's
father, mother, grandfather, grandmother, brother, sister,
stepfather, stepmother, stepbrother, stepsister, uncle, aunt,
first cousin, nephew or niece in a place of residence maintained
by one or more of such relatives as the child's or their own
home; and
{ - (D) - } { + (C) + } Who meets the requirements of
paragraph (b) of this subsection.
(b)(A) Except as provided in subparagraphs (B) and (C) of this
paragraph, a 'dependent child' must be under the age of 18 years.
(B) A child may qualify as a 'dependent child,' subject to the
availability of funds, if the child is 18 or 19 or 20 years of
age and a student regularly attending a school in grade 12 or
below or regularly attending a course of professional or
technical training designed to fit the child for gainful
employment, other than a course provided by or through a college
or university.
(C) Students under the age of 21 years and regularly attending
a school, college or university or regularly attending a course
of professional or technical training designed to fit the child
for gainful employment may be included in the description in
subparagraph (B) of this paragraph at the option of the
Department of Human Services.
{ + (3) 'Federally required participation rates' means the
participation rates as required by section 407 of the Social
Security Act. + }
{ - (3) - } { + (4) + } 'Representative payee' means an
individual designated by the department to receive money payments
of aid pursuant to ORS 418.050.
SECTION 2. ORS 418.040 is amended to read:
418.040. (1) Aid pursuant to the temporary assistance for needy
families program shall be granted under { - ORS 418.035 to
418.125 - } { + this section + }to any dependent child who is
living in a home meeting the standards of care and health fixed
by the rules
{ - and regulations - } of the Department of Human Services
and who is a resident of the State of Oregon, if { - the - }
{ + a + } parent or other relative with whom the child is
living is a resident of the State of Oregon.
{ + (2) A relative described in ORS 418.035 (2)(a)(B) who is
needy may be required to participate in the job opportunity and
basic skills program as described in subsections (3) to (6) of
this section.
(3) The department shall adopt appropriate screening and
assessment procedures to identify the barriers to obtaining or
maintaining employment for an individual participating in the job
opportunity and basic skills program.
(4) Based upon the screening and assessment described in
subsection (3) of this section, the department, in cooperation
with appropriate partner agencies or professionals, shall work
with the participant to create an effective, individualized case
plan that establishes goals and identifies mandatory work
activities that support the goals. The case plan shall identify
support service payments and services to be provided by the
department that support participation in the job opportunity and
basic skills program by assisting the family in meeting the
family's basic requirements, as described in ORS 411.070 (1).
(5) Subject to limits imposed by federal law and any
accommodation required by the Americans with Disabilities Act, '
work activities' may include:
(a) Targeted job readiness activities and job search;
(b) On-the-job training;
(c) Voluntary work experience;
(d) Subsidized employment;
(e) Unsubsidized employment;
(f) Job skills training;
(g) Community service programs;
(h) Vocational training;
(i) Providing child care for an individual participating in a
community service program;
(j) Attending a secondary or post-secondary school or
participating in a General Educational Development (GED) program;
(k) Participating in mental health treatment;
(L) Participating in drug or alcohol treatment;
(m) Applying for federal Supplemental Security Income;
(n) Vocational rehabilitation as defined in ORS 344.511;
(o) Complying with employment-related activities required as a
condition of post-prison supervision or parole;
(p) Complying with orders issued under ORS 419B.385, 419B.387
or 419B.476 (5)(c); or
(q) Activities that foster family stability and financial
independence.
(6) For individuals with disabilities, the goal of the
individualized case plan must be to promote greater independence
and may include physical or mental health evaluation or
treatment. + }
{ - (2) - } { + (7) + } { - No - } { + A + } parent of
a child receiving aid under ORS 418.035 to 418.125 { - shall
be - } { + is not + } exempt from a requirement to participate
in { - programs to develop employment or self-sufficiency
skills - } { + the job opportunity and basic skills program + }
due to the age of the child except:
(a) During the first two months of the third trimester of
pregnancy, { + during which time + } the parent { - shall - }
{ + may + } not be required to participate more than 10 hours
per week { - and shall be exempt from participation - } { + .
(b) + } During the last month of pregnancy { - ; - } and
{ - (b) During - } the first { - 90 days - } { + 12
months + } after the birth of a child.
{ - (3) - } { + (8) Except as provided in subsection (7)(a)
of this section, + } { - no - } { + an + } individual in a
household receiving aid under
{ - ORS 418.035 to 418.125 shall be - } { + this section is
not + } exempt, due to the pregnancy of the individual, from a
requirement to obtain a high school diploma or its equivalent
{ - or to participate in programs to develop employment or
self-sufficiency skills - } .
{ - (4) No parent shall be eligible to receive aid under ORS
418.035 to 418.125 if the parent fails to participate in programs
to develop employment or self-sufficiency skills during the
period of eligibility determination. - }
{ - (5) - } { + (9) + } The { - provisions - }
{ + requirements + } of subsection { - (3) - } { + (8) + } of
this section { - shall - } { + do + } not apply to an
individual experiencing medical complications due to pregnancy,
as determined by a person licensed by the Board of Medical
Examiners or the Oregon State Board of Nursing, that prohibit
participation in the activities otherwise required.
{ - (6) Notwithstanding section 16, chapter 739, Oregon Laws
1993, and subsection (5) of this section, no individual in a
household receiving aid under ORS 418.035 to 418.125 shall be
exempt from any requirement to participate in programs to develop
employment or self-sufficiency skills, as defined by the
department, unless the individual and the individual's department
case manager agree in writing that the exemption is appropriate
under guidelines developed by the department. - }
{ - (7) - } { + (10) + } The department { - by rule shall
define programs to develop employment or self-sufficiency skills
for purposes of this section - } { + shall adopt rules to carry
out the provisions of this section + }.
SECTION 3. ORS 418.045 is amended to read:
418.045. (1) The need for and amount of aid pursuant to the
temporary assistance for needy families to be granted for any
dependent child or relative pursuant to ORS { - 418.035 to
418.172 - } { + 418.040 + } shall be determined, in accordance
with the rules { - and regulations - } of the Department of
Human Services, taking into account:
(a) The income, resources and maintenance available to such
child and relative from whatever source derived, allowable
deductions and the statewide income and payment standards.
(b) The income and financial condition of the stepparent, if
any, of the child for whom aid is sought.
(2) Subsection (1)(b) of this section is not intended to
relieve any { - father - } { + parent + } of any legal
obligation in respect of the support of the natural or adopted
children of the { - father - } { + parent + }.
(3) In the determination of eligibility and the amount of need,
and in any reconsideration thereof, with respect to an applicant
or recipient of aid pursuant to { - ORS 418.035 to 418.172,
such amounts of income and resources may be disregarded as the
department may prescribe by rules and regulations promulgated by
it. The amounts to be disregarded shall be - } { + ORS 418.040,
the department shall disregard a portion of child support
received, and shall disregard such amounts of income and
resources as the department may prescribe by rule, + } within the
limits required or permitted by federal laws and by federal rules
and orders thereto applicable.
{ - (4)(a) Notwithstanding section 16 (5)(d), chapter 739,
Oregon Laws 1993, an individual who fails to cooperate in such
education, employment or job training programs as may be required
by law shall have aid payments reduced by the amount of $50 for a
period of two months. - }
{ - (b) Continued failure of an adult aid recipient to
cooperate in mandatory education, employment or job training
programs for more than two months as described in paragraph (a)
of this subsection shall result in the removal of the
noncooperating adult from the eligibility determination for the
corresponding recipient family for a period of two months in
addition to the period required under paragraph (a) of this
subsection. - }
{ - (c) Subsequent and continued failure of an individual to
cooperate in mandatory education, employment or job training
programs beyond the period described in paragraph (b) of this
subsection shall result in termination of all aid. - }
{ - (d) The department shall adopt rules defining standards
for cooperation in programs for education, employment or job
training as provided in this subsection. - }
{ - (5) Aid terminated under subsection (4) of this section
shall be restored upon demonstrated cooperation, as defined by
the department, in applicable education, employment or job
training programs. - }
{ + (4)(a) The department by rule shall adopt proven methods
of encouraging participants' full engagement in the job
opportunity and basic skills program described in ORS 418.040
that shall include evaluation and creation of an individualized
case plan in compliance with ORS 418.040.
(b) After notice and opportunity for a hearing in accordance
with ORS chapter 183, the department may reduce aid payments to
caretaker relatives who refuse, without good cause, to comply
with an appropriate case plan developed under ORS 418.040. A
caretaker relative may request the hearing to contest the
reduction in aid payments at any time until the full amount of
assistance is restored.
(c) The department may not reduce aid payments under paragraph
(b) of this subsection for families:
(A) Receiving aid pursuant to ORS 418.155 or section 8 of this
2007 Act;
(B) In which the caretaker relative participates in work
activities for the number of hours required each month to satisfy
federally required participation rates; or
(C) Until the department has assessed potential disabilities of
the dependent child or caretaker relative that may be affecting
compliance.
(d) The department may not reduce aid payments under this
section 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.
(e) If a caretaker relative requests a hearing to contest a
reduction in aid payments under paragraph (b) of this subsection,
the department has the burden of proof to establish that the
department complied with the screening, assessment and case
planning requirements of ORS 418.040. + }
SECTION 4. ORS 418.070 is amended to read:
418.070. { + (1) + } { - For the purposes of ORS 418.035 to
418.185, - } With respect to any period for which federal funds
are made available to this state in aid of a state-administered
program of aid to any child defined in and meeting the
requirements of this section { - : - } { + , the Department of
Human Services may provide foster care payments.
(2) As used in this section: + }
{ - (1) - } { + (a) + } 'Aid' includes foster care in
behalf of a child
{ - described in subsection (2)(b) of this section - } in the
foster home of any individual or in a licensed nonprofit private
child-caring agency.
{ - (2) - } { + (b) + } ' { - Dependent - } Child'
includes { - : - }
{ - (a) A needy child meeting the requirements of ORS 418.035
(2)(b)(A) or (B) who has been deprived of parental support or
care by reason of the unemployment of a parent or parents and who
is living with any of the relatives specified in ORS 418.035 (2)
in a place of residence maintained by one or more of such
relatives as the relative's or relatives' own home. - }
{ - (b) - } a child:
(A) Who would meet the requirements of ORS 418.035 (2) { - or
of paragraph (a) of this subsection - } except for removal from
the home of a relative specified in ORS 418.035 (2) as a result
of a judicial determination to the effect that continuation
therein would be contrary to the welfare of such child;
(B) Who has been accepted for placement and care by the
department { - of Human Services - } ;
(C) Who has been placed in a foster home or licensed nonprofit
private child-caring agency as a result of such determination;
and
(D) Who received aid in or for the month in which court
proceedings leading to such determination were initiated, or
would have received such aid in or for such month if application
had been made therefor, or in the case of a child who had been
living with a relative specified in ORS 418.035 (2) within six
months prior to the month in which such proceedings were
initiated, would have received such aid in or for such month if
in such month the child had been living with and removed from the
home of such a relative and application had been made therefor.
{ - (3) - } { + (c) + } 'Foster home' means a foster home
which is certified by this state or has been approved, by the
agency of this state responsible for the certification of foster
homes, as meeting the standards established for such
certification.
{ - (4) 'Unemployment of parent' shall be defined by the
department and such definition may take into account definitions
used to establish the availability of federal funds for the
program of temporary assistance for needy families. - }
SECTION 5. ORS 418.131 is amended to read:
418.131. (1) { + Except as provided in subsection (2) of this
section, + } a { - person shall - } { + needy caretaker
relative may + } not receive aid { + under ORS 418.040 + } for
more than a total of { - 24 months in any period of 84
consecutive months - } { + 60 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) - } { + (2) + } The { - 24-month - } { +
60-month + } limitation described in subsection (1) of this
section { - shall - } { + does + } not apply { - to: - }
{ + if a needy caretaker relative:
(a) Is a victim of domestic violence as defined in ORS 411.117;
(b) Has a certified learning disability;
(c) Has a mental health condition or an alcohol or drug abuse
problem that prevents the individual from obtaining or
maintaining employment;
(d) Has a disability as defined by the Department of Human
Services by rule in a manner consistent with the definition of
disability in the Americans with Disabilities Act;
(e) Has a child with a disability that prevents the caretaker
relative from obtaining or maintaining employment for the number
of hours required each month to satisfy federally required
participation rates;
(f) Is receiving aid under ORS 418.035 to 418.172 that was not
funded with grants under Title IV-A of the Social Security Act;
(g) Has been deprived of needed medical care;
(h) Has been subject to battery or extreme cruelty as defined
by the department by rule; + }
{ - (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 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 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) Participating in an employment and training program
including any employment search activities required by the
program. - }
{ - (C) - } { + (i) + } { + Is + } enrolled at an
educational institution under section 1, chapter 212, Oregon Laws
2003 { - . - } { + ; or
(j) Is exempt pursuant to rules that are adopted by the
department in accordance with section 408 (a)(7)(C) of the Social
Security Act. + }
{ - (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
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) - } { + (3)(a) + } The department { - of Human
Services - } shall monitor the average period of time a person
receives aid 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 6. ORS 418.155 is amended to read:
418.155. { - As used in ORS 418.150 to 418.172, unless the
context or a specially applicable statutory definition requires
otherwise: - }
{ - (1) 'Employment and training program' means a program for
placing as many individuals as is possible in employment. - }
{ - (2) 'JOBS Plus Program and work experience program' and '
on the job training' mean work site programs for those
individuals for whom such training is likely to lead to regular
employment. - }
{ - (3) 'JOBS program' means programs established by the
Department of Human Services, pursuant to the temporary
assistance for needy families program and rules adopted
thereunder. - }
{ + (1) The Department of Human Services shall continue to
provide aid to families that become ineligible for temporary
assistance for needy families under ORS 418.040 due to employment
or increased hours of work.
(2) Families may receive aid under this section for 12
consecutive months or until the household income exceeds 250
percent of the federal poverty guidelines, whichever comes first,
as long as the caretaker relatives participate in combined
employment and work activities for the number of hours required
each month to satisfy federally required participation rates.
(3) If the caretaker relatives cease to participate in
employment and work activities for a sufficient number of hours
each month to satisfy federally required participation rates, the
department shall determine eligibility under ORS 418.040 before
terminating aid.
(4) The department by rule shall establish standards for aid
provided under this section. The department must disregard such
aid for purposes of publicly subsidized child care assistance.
(5) In addition to money payments, aid includes necessary
support service payments and services as part of the job
opportunity and basic skills program to directly or indirectly
assist the family in achieving long term financial stability. + }
SECTION 7. { + Section 8 of this 2007 Act is added to and made
a part of ORS 418.035 to 418.125. + }
SECTION 8. { + (1) There is created in the Department of Human
Services the temporary assistance for needy families SSI program.
The department shall provide aid under this section to families
that are eligible for temporary assistance for needy families
under ORS 418.035 to 418.125 and that include a caretaker
relative who is unable to maintain substantial gainful activity
due to a disability or combination of disabilities meeting the
criteria of section 216 of the Social Security Act.
(2) The department shall assist families receiving aid under
this section in qualifying for federal Supplemental Security
Income, including obtaining necessary medical records and
evaluations. The department shall contract with nonprofit legal
services organizations, or lawyers lawfully admitted to the bar
of any state, to represent recipients in any administrative
appeal.
(3) The department shall adopt rules for determining the amount
of aid granted under this section that is not less than the
combined total of 50 percent of the Supplemental Security Income
payment in effect at that time and the amount of aid the child
would receive under ORS 418.040 if the caretaker relative did not
receive aid.
(4) Participation in the temporary assistance for needy
families SSI program shall be voluntary. For recipients of aid
under this section, cooperation with the department to establish
eligibility for Supplemental Security Income satisfies the
requirement to participate in the job opportunity and basic
skills program under ORS 418.040. + }
SECTION 9. ORS 411.105 is amended to read:
411.105. (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.
(2) The department may recover any cash assistance granted for
general assistance under ORS 411.710 to 411.730 { + or for that
portion of the temporary assistance for needy families under ORS
418.040 and 418.155 and section 8 of this 2007 Act + } that has
been paid to any recipient { + 18 years of age or older + } when
that recipient is presently receiving or subsequently receives
Supplemental Security Income. The amount of recovery shall be
limited to the total amount of Supplemental Security Income that
was received for the same time period that the general assistance
{ + or the temporary assistance + } was being paid.
(3) Nothing in subsection (1) or (2) of this section shall be
construed as to prevent the department from entering into a
compromise agreement for recovery of assistance improperly
disbursed, if the department determines that the administration
and collection costs involved would exceed the amount that can
reasonably be expected to be recovered.
SECTION 10. ORS 25.245 is amended to read:
25.245. (1) Notwithstanding any other provision of Oregon law,
a parent who is eligible for and receiving cash payments
{ - under Title IV-A of the Social Security Act - } { + under
the temporary assistance for needy families program as provided
in ORS 418.035 to 418.125 + }, the general assistance program as
provided in ORS chapter 411 or a general assistance program of
another state or tribe, the Oregon Supplemental Income Program or
the federal Supplemental Security Income Program shall be
rebuttably presumed unable to pay child support and a child
support obligation does not accrue unless the presumption is
rebutted.
(2) Each month, the Department of Human Services shall identify
those persons receiving cash payments under the programs listed
in subsection (1) of this section that are administered by the
State of Oregon and provide that information to the
administrator. If benefits are received from programs listed in
subsection (1) of this section that are administered by other
states, tribes or federal agencies, the obligor shall provide the
administrator with written documentation of the benefits. The
Department of Human Services shall adopt rules to implement this
subsection.
(3) The administrator shall refer to the information provided
in subsection (2) of this section prior to establishing any child
support obligation. Within 30 days following identification of
persons under subsection (2) of this section, the entity
responsible for support enforcement services under ORS 25.080
shall provide notice of the presumption to the obligee and
obligor and shall inform all parties to the support order that,
unless a party objects as provided in subsection (4) of this
section, child support shall cease accruing beginning with the
support payment due on or after the date the obligor first begins
receiving the cash payments and continuing through the support
payment due in the last month in which the obligor received the
cash payments. The entity responsible for support enforcement
services shall serve the notice on the obligee in the manner
provided for the service of summons in a civil action or by
certified mail, return receipt requested, and shall serve the
notice on the obligor by first class mail to the obligor's
last-known address. The notice shall specify the month in which
cash payments are first made and shall contain a statement that
the administrator represents the state and that low cost legal
counsel may be available.
(4) A party may object to the presumption by sending an
objection to the entity responsible for support enforcement
services under ORS 25.080 within 20 days after the date of
service of the notice. The objection must describe the resources
of the obligor or other evidence that might rebut the presumption
of inability to pay child support. The entity receiving the
objection shall cause the case to be set for a hearing before a
court or an administrative law judge. The court or administrative
law judge may consider only whether the presumption has been
rebutted.
(5) If no objection is made, or if the court or administrative
law judge finds that the presumption has not been rebutted, the
Department of Justice shall discontinue billing the obligor for
the period of time described in subsection (3) of this section
and no arrearage shall accrue for the period during which the
obligor is not billed. In addition, the entity providing support
enforcement services shall file with the circuit court in which
the support order or judgment has been entered a copy of the
notice described in subsection (3) of this section or, if an
objection is made and the presumption is not rebutted, a copy of
the administrative law judge's order.
(6)(a) Within 30 days after the date the obligor ceases
receiving cash payments under a program listed in subsection (1)
of this section, the Department of Justice shall provide notice
to all parties to the support order:
(A) Specifying the last month in which a cash payment was made;
(B) Stating that the payment of those benefits has terminated
and that by operation of law billing and accrual of support
resumes; and
(C) Informing the parties of their rights to request a review
and modification of the support order based on a substantial
change in circumstance or pursuant to ORS 25.287 or any other
provision of law.
(b) The notice shall include a statement that the administrator
represents the state and that low cost legal counsel may be
available.
(c) The entity providing enforcement services shall file a copy
of the notice required by paragraph (a) of this subsection with
the circuit court in which the support order or judgment has been
entered.
(7) Receipt by a child support obligor of cash payments under
any of the programs listed in subsection (1) of this section
shall be sufficient cause for a court or administrative law judge
to allow a credit and satisfaction against child support
arrearage for months that the obligor received the cash payments.
(8) The notice and finding of financial responsibility required
by ORS 416.415 shall include notice of the presumption,
nonaccrual and arrearage credit rights provided for in this
section.
(9) The presumption, nonaccrual and arrearage credit rights
created by this section shall apply whether or not child support
enforcement services are being provided under Title IV-D of the
Social Security Act.
(10) Application of the presumption, nonaccrual and arrearage
credit rights created by this section does not constitute a
modification but does not limit the right of any party to seek a
modification of a support order based upon a change of
circumstances or pursuant to ORS 25.287 or any other provision of
law. In determining whether a change in circumstances has
occurred or whether two years have elapsed since entry of a
support order, the court or administrative law judge may not
consider any action taken under this section as entry of a
support order. The presumption stated in subsection (1) of this
section applies in any modification proceeding.
SECTION 11. ORS 418.042 is amended to read:
418.042. (1) Aid, as defined in ORS 418.035, may not be granted
to, or on behalf of, any applicant or recipient and for as long
as the applicant or recipient refuses to assign to the state any
rights to support from any other person such applicant may have
personally or in behalf of any other family member for whom the
applicant is applying for or receiving aid, and that have accrued
at any time such assignment is executed. 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.
(2) Except as otherwise provided in this subsection, an
applicant or recipient who receives aid as defined in ORS 418.035
shall cooperate with the Department of Human Services and the
Department of Justice in establishing the paternity of the
applicant's or recipient's child born out of wedlock and in
obtaining support or other payments or property due the applicant
or child. An applicant or recipient is not required to cooperate
if there is good cause or some other exception to the cooperation
requirement that takes into account the best interest of the
child. The Department of Human Services shall adopt rules
defining good cause, other exceptions to cooperation and
noncooperation by an applicant or recipient, and setting the
sanction for noncooperation. The sanction may include total
ineligibility of the family for aid, but in no situation may the
sanction be less than a 25 percent reduction of the monthly grant
amount. At the time an applicant applies for aid, the Department
of Human Services shall inform the applicant, in writing, of the
requirement of and exceptions to cooperation and the sanctions
for noncooperation, and shall inform recipients, in writing,
whenever eligibility for aid is redetermined.
{ + (3) This section shall apply to recipients of aid under
ORS 418.035 to 418.125 only as long as the aid is funded in whole
or in part with federal grants under Title IV-A of the Social
Security Act. + }
SECTION 12. ORS 411.070 is amended to read:
411.070. The Department of Human Services shall by rule fix
statewide uniform standards for all public assistance programs
and effect uniform observance thereof throughout the state. In
establishing statewide standards for public assistance, the
department, within the limits of available funds, shall:
(1) Take into consideration all basic requirements for a
standard of living compatible with decency and health, including
food, shelter, clothing, fuel, public utilities,
telecommunications service, medical care and other essential
items and, upon the basis of investigations of the facts, shall
provide budgetary guides for determining minimum costs of meeting
such requirements.
(2) Develop standards for making payments and providing support
services { - for the employment and self-sufficiency skills
programs - } { + in the job opportunity and basic skills
program + } described in ORS 418.040.
SECTION 13. ORS 418.075 is amended to read:
418.075. Aid { - , as defined in ORS 418.035, - } { + under
ORS 418.040 + } shall not be granted with respect to, or on
behalf of, a dependent child { - as defined in ORS 418.070
(2)(a) - } { + 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.
SECTION 14. ORS 418.085 is amended to read:
418.085. During any period in which aid may be granted
{ + under ORS 418.040 + } with respect to, or on behalf of, a
dependent child
{ - as defined in ORS 418.070 (2)(a) - } { + living with an
unemployed parent + }, the Department of Human Services and the
Director of the Employment Department shall enter into
cooperative arrangements looking toward employment of the
unemployed parent of any such child, shall provide for the
registration and periodic reregistration of such parent at
employment offices established pursuant to ORS 657.705 to 657.725
and shall, with respect to such parent, effect maximum
utilization of the job placement services and other services and
facilities of such offices.
SECTION 15. ORS 418.132 is amended to read:
418.132. (1) A person who is a minor parent of a child and is
receiving or applying for aid { - as defined in ORS 418.035 - }
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.
(2) The provisions of subsection (1) of this section shall not
apply to an applicant for or recipient of temporary assistance
for needy families when circumstances or conditions exist that
the department by rule establishes are not in the best interest
of the child.
(3) If a person who is a minor parent receiving aid and who is
not living with the person's parent, parents or legal guardian
subsequently returns to reside with the parent, parents or
guardian and is determined ineligible to receive aid by reason of
the parent's or guardian's income, the minor parent shall be
eligible to receive such services, including medical care, as the
department determines are necessary to allow the minor parent to
attain a high school diploma or the equivalent, or to participate
in { - programs to develop employment or self-sufficiency
skills - } { + the job opportunity and basic skills program + }
as described { - by the department - } in ORS 418.040.
SECTION 16. ORS 411.892 is amended to read:
411.892. (1)(a) All employers, including public and private
sector employers within the State of Oregon, are eligible to
participate in the JOBS Plus Program. The Department of Human
Services or Employment Department, as appropriate, shall adopt by
rule a method to disqualify employers from participating in the
program. No employer is required to participate in the JOBS Plus
Program. In the event that there are unassigned participants whom
no employer desires to utilize, the participants may be assigned
to work for a public agency.
(b) The maximum number of program participants that any
employer is authorized to receive at any one time may not exceed
10 percent of the total number of the employer's employees.
However, each employer may receive one participant. The Director
of Human Services or Director of the Employment Department, as
appropriate, may waive the limit in special circumstances.
(c) The Department of Human Services or Employment Department,
as appropriate, by rule shall establish criteria for excluding
employers from participation for failure to abide by program
requirements, showing a pattern of terminating participants prior
to the completion of training or other demonstrated unwillingness
to comply with the stated intent of the program.
(2) The Department of Human Services or Employment Department,
as appropriate, shall ensure that jobs made available to program
participants:
(a) Do not require work in excess of 40 hours per week;
(b) Are in conformity with section 3304(a)(5) of the Federal
Unemployment Tax Act;
(c) Are not used to displace regular employees or to fill
unfilled positions previously established; and
(d) Do not pay a wage that is substantially less than the wage
paid for similar jobs in the local economy with appropriate
adjustments for experience and training.
(3)(a) Eligibility for the program shall be limited to
residents who are:
(A) Adults and caretaker relatives who are receiving temporary
assistance for needy families benefits;
(B) Adult food stamp program recipients except as described in
subsection (5)(b) of this section;
(C) Unemployment compensation recipients; and
(D) Unemployed noncaretaker parents of children who are
receiving temporary assistance for needy families benefits.
(b) In addition to those residents eligible for the program
under paragraph (a) of this subsection, additional residents who
are seeking employment may be eligible for the program if there
are legislatively allocated funds available from the savings
attributable to the program in the Unemployment Compensation
Trust Fund or in the temporary assistance for needy families
budget of the Department of Human Services.
(4)(a) Individuals desiring work through the program shall
contact the nearest Department of Human Services office serving
the county in which they reside if they are temporary assistance
for needy families program or food stamp program applicants or
recipients or noncustodial parents of individuals receiving
temporary assistance for needy families. Unemployment insurance
applicants or recipients or others seeking employment may gain
access to the program through their local Employment Department
office.
(b) With the assistance of the local JOBS Plus Implementation
Councils and the JOBS Plus Advisory Board, the Department of
Human Services shall develop a job inventory of sufficient size
to accommodate all of the participants who desire to work in the
program. In consultation with the participant, the department
shall try to match the profile of each participant with the needs
of an employer when assigning a participant to work with the
employer.
(c) Either the employer or the participant may terminate the
assignment by contacting the appropriate Department of Human
Services or Employment Department office. In such event, the
Department of Human Services or Employment Department shall
reassess the needs of the participant and assign the participant
to another JOBS Plus Program placement or another { - JOBS - }
{ + job opportunity and basic skills + } program component and,
at the employer's request, provide the employer with another
participant.
(d)(A) Subject to ORS 657.925 (6)(d), if after four months in a
placement, a participant has not been hired for an unsubsidized
position, the employer shall allow the worker to undertake eight
hours of job search per week. Participating employers shall
consider such time as hours worked for the purposes of paying
wages.
(B) Subject to ORS 657.925 (6)(d), if after six months in a
placement, a participant has not been hired for an unsubsidized
position, the placement shall be terminated, and the caseworker
shall reassess the participant's employment development plan.
(e) The Department of Human Services may pay placement and
barrier removal payments to temporary assistance for needy
families and food stamp program participants as necessary to
enable participation in the JOBS Plus Program.
(f) The Department of Human Services shall accept eligible
volunteers into the program prior to mandating program
participation by eligible persons.
(5)(a) Assignment of participants to available jobs shall be
based on a preference schedule developed by the Department of
Human Services and the Employment Department. Any temporary
assistance for needy families recipient or food stamp recipient
may volunteer for the program.
(b) The following individuals may not be required to
participate in the program:
(A) Temporary assistance for needy families and food stamp
recipients who are eligible for Supplemental Security Income
benefits or other ongoing state or federal maintenance benefits
based on age or disability.
(B) Food stamp applicants or recipients who are employed
full-time or are college students eligible for food stamps and
enrolled full-time in a community college or an institution of
higher education, or enrolled half-time in a community college or
an institution of higher education and working at least 20 hours
per week.
(C) Teenage parents who remain in high school if progressing
toward a diploma. Teenage parents not in school are eligible for
the JOBS Plus Program.
(c) The Department of Human Services shall provide life skills
classes and opportunities to achieve General Educational
Development (GED) certificates to appropriate participants in
conjunction with working in the JOBS Plus Program.
(d) Temporary assistance for needy families and food stamp
benefits shall be suspended at the end of the calendar month in
which an employer makes the first wage payment to a participant
who is a custodial parent in a family that receives temporary
assistance for needy families or to any adult member of a
household receiving food stamp benefits. Failure of the
participant to cooperate with the requirements of the JOBS Plus
Program may result in the participant's removal, in accordance
with rules adopted by the Department of Human Services, from the
JOBS Plus Program and suspension of the participant's temporary
assistance for needy families grant and food stamp benefits. A
temporary assistance for needy families and food stamp benefits
recipient who has been removed from the program for failing to
cooperate shall be eligible to reapply to participate in the
program and shall have eligibility for program services
determined without regard to the length of time the person was
not participating following removal.
(6)(a) Employers shall pay all participating individuals at
least the hourly rate of the Oregon minimum wage.
(b) Sick leave, holiday and vacation absences shall conform to
the individual employer's rules for temporary employees.
(c) Group health insurance benefits shall be provided by the
employer to program participants if, and to the extent that,
state or federal law requires the employer to provide such
benefits.
(d) All persons participating in the JOBS Plus Program shall be
considered to be temporary employees of the individual employer
providing the work and shall be entitled only to benefits
required by state or federal law.
(e) Employers shall provide workers' compensation coverage for
each JOBS Plus Program participant.
(7) In the event that the net monthly full-time wage paid to a
participant would be less than the level of income from the
temporary assistance for needy families program and the food
stamp benefit amount equivalent that the participant would
otherwise receive, the Department of Human Services shall
determine and pay a supplemental payment as necessary to provide
the participant with that level of net income. The department
shall determine and pay in advance supplemental payments to
participants on a monthly basis as necessary to ensure equivalent
net program wages. Participants shall be compensated only for
time worked.
(8) In addition to and not in lieu of the payments provided for
under subsections (6) and (7) of this section, participants shall
be entitled to retain the full child support payments collected
by the Department of Justice.
(9) Program participants who are eligible for federally and
state funded medical assistance at the time they enter the
program shall remain eligible as long as they continue to
participate in the program. In conformity with existing state day
care program regulations, child day care shall be provided for
all program participants who require it.
(10) JOBS Plus Program employers shall:
(a) Endeavor to make JOBS Plus Program placements positive
learning and training experiences;
(b) Maintain health, safety and working conditions at or above
levels generally acceptable in the industry and no less than that
of comparable jobs of the employer;
(c) Provide on-the-job training to the degree necessary for the
participants to perform their duties;
(d) Recruit volunteer mentors from among their regular
employees to assist the participants in becoming oriented to work
and the workplace; and
(e) Sign an agreement to abide by all requirements of the
program, including the requirement that the program not supplant
existing jobs. All agreements shall include provisions noting the
employer's responsibility to repay reimbursements in the event
the employer violates program rules. When a professional
placement service, professional employment organization or
temporary employment agency is acting as an employer pursuant to
subsection (14) of this section, agreements under this paragraph
shall require a three-party agreement between the professional
placement service, professional employment organization or
temporary employment agency, the organization where the
participant has been placed to perform services and the State of
Oregon. The three-party agreement shall include provisions
requiring that all JOBS Plus reimbursements received by the
professional placement service, professional employment
organization or temporary employment agency be credited to the
organization where the participant has been placed to perform
services.
(11) Program participant wages shall be subject to federal and
state income taxes, Social Security taxes and unemployment
insurance tax or reimbursement as applicable under ORS chapter
657, which shall be withheld and paid in accordance with state
and federal law. Supplemental payments made pursuant to
subsection (7) of this section shall not be subject to state
income taxes under ORS chapter 316 and, to the extent allowed by
federal law, shall not be subject to federal income taxes and
Social Security taxes.
(12)(a)(A) The Department of Human Services shall reimburse
employers for the employers' share of Social Security,
unemployment insurance and workers' compensation premiums paid on
behalf of program participants, other than those who are
unemployment insurance claimants, referred to the employer by the
Department of Human Services, as well as the minimum wage
earnings paid by the employer to program participants referred to
the employer by the Department of Human Services.
(B) The Employment Department shall reimburse employers $5 per
hour paid by the employer as earnings to JOBS Plus Program
participants, who are unemployment insurance claimants and are
referred to the employer by the Employment Department.
(b) If the Department of Human Services or Employment
Department finds that an employer has violated any of the rules
of the JOBS Plus Program, the appropriate department:
(A) Shall withhold any amounts due to employers under paragraph
(a) of this subsection.
(B) May seek repayment of any amounts paid to employers under
paragraph (a) of this subsection.
(13) Subject to ORS 657.925 (6)(d), for unemployment insurance
claimants participating in the JOBS Plus Program:
(a) If after nine weeks in a placement, a participant has not
been hired for an unsubsidized position, the employer shall allow
the worker to undertake up to five hours of job search per week.
Participating employers shall consider this time as hours worked
for the purposes of paying wages.
(b) If after 13 weeks in a placement, a participant has not
been hired for an unsubsidized position, the employer shall
terminate the placement and the Employment Department shall
assess the participant's employment development plan.
(14) For purposes of this section, 'employer' shall include
professional placement services, professional employment
organizations and temporary employment agencies.
SECTION 17. ORS 414.025 is amended to read:
414.025. As used in this chapter, unless the context or a
specially applicable statutory definition requires otherwise:
(1) 'Category of aid' means assistance provided by the Oregon
Supplemental Income Program, temporary assistance for needy
families granted under ORS 418.035 to 418.125 or federal
Supplemental Security Income payments.
(2) 'Categorically needy' means, insofar as funds are available
for the category, a person who is a resident of this state and
who:
(a) Is receiving a category of aid.
(b) Would be eligible for, but is not receiving a category of
aid.
(c) Is in a medical facility and, if the person left such
facility, would be eligible for a category of aid.
(d) Is under the age of 21 years and would be a dependent child
under the program for temporary assistance for needy families
except for age and regular attendance in school or in a course of
professional or technical training.
(e)(A) Is a caretaker relative named in ORS 418.035
{ - (2)(a)(C) - } { + (2)(a)(B) + } who cares for a dependent
child who would be a dependent child under the program for
temporary assistance for needy families except for age and
regular attendance in school or in a course of professional or
technical training; or
(B) Is the spouse of such caretaker relative and fulfills the
requirements of ORS 418.035 (1).
(f) Is under the age of 21 years, is in a foster family home or
licensed child-caring agency or institution under a purchase of
care agreement and is one for whom a public agency of this state
is assuming financial responsibility, in whole or in part.
(g) Is a spouse of an individual receiving a category of aid
and who is living with the recipient of a category of aid, whose
needs and income are taken into account in determining the cash
needs of the recipient of a category of aid, and who is
determined by the Department of Human Services to be essential to
the well-being of the recipient of a category of aid.
(h) Is a caretaker relative named in ORS 418.035
{ - (2)(a)(C) - } { + (2)(a)(B) + } who cares for a dependent
child receiving temporary assistance for needy families or is the
spouse of such caretaker relative and fulfills the requirements
of ORS 418.035 (1).
(i) Is under the age of 21 years, is in a youth care center and
is one for whom a public agency of this state is assuming
financial responsibility, in whole or in part.
(j) Is under the age of 21 years and is in an intermediate care
facility which includes institutions for the mentally retarded;
or is under the age of 22 years and is in a psychiatric hospital.
(k) Is under the age of 21 years and is in an independent
living situation with all or part of the maintenance cost paid by
the Department of Human Services.
(L) Is a member of a family that received temporary assistance
for needy families in at least three of the six months
immediately preceding the month in which such family became
ineligible for such assistance because of increased hours of or
increased income from employment. As long as the member of the
family is employed, such families will continue to be eligible
for medical assistance for a period of at least six calendar
months beginning with the month in which such family became
ineligible for assistance because of increased hours of
employment or increased earnings.
(m) Is an adopted person under 21 years of age for whom a
public agency is assuming financial responsibility in whole or in
part.
(n) Is an individual or is a member of a group who is required
by federal law to be included in the state's medical assistance
program in order for that program to qualify for federal funds.
(o) Is an individual or member of a group who, subject to the
rules of the department and within available funds, may
optionally be included in the state's medical assistance program
under federal law and regulations concerning the availability of
federal funds for the expenses of that individual or group.
(p) Is a pregnant woman who would be eligible for temporary
assistance for needy families including such aid based on the
unemployment of a parent, whether or not the woman is eligible
for cash assistance.
(q) Would be eligible for temporary assistance for needy
families pursuant to 42 U.S.C. 607 based upon the unemployment of
a parent, whether or not the state provides cash assistance.
(r) Except as otherwise provided in this section and to the
extent of available funds, is a pregnant woman or child for whom
federal financial participation is available under Title XIX of
the federal Social Security Act.
(s) Is not otherwise categorically needy and is not eligible
for care under Title XVIII of the federal Social Security Act or
is not a full-time student in a post-secondary education program
as defined by the Department of Human Services by rule, but whose
family income is less than the federal poverty level and whose
family investments and savings equal less than the investments
and savings limit established by the department by rule.
(3) 'Income' has the meaning given that term in ORS 411.704.
(4) 'Investments and savings' means cash, securities as defined
in ORS 59.015, negotiable instruments as defined in ORS 73.0104
and such similar investments or savings as the Department of
Human Services may establish by rule that are available to the
applicant or recipient to contribute toward meeting the needs of
the applicant or recipient.
(5) 'Medical assistance' means so much of the following medical
and remedial care and services as may be prescribed by the
Department of Human Services according to the standards
established pursuant to ORS 414.065, including payments made for
services provided under an insurance or other contractual
arrangement and money paid directly to the recipient for the
purchase of medical care:
(a) Inpatient hospital services, other than services in an
institution for mental diseases;
(b) Outpatient hospital services;
(c) Other laboratory and X-ray services;
(d) Skilled nursing facility services, other than services in
an institution for mental diseases;
(e) Physicians' services, whether furnished in the office, the
patient's home, a hospital, a skilled nursing facility or
elsewhere;
(f) Medical care, or any other type of remedial care recognized
under state law, furnished by licensed practitioners within the
scope of their practice as defined by state law;
(g) Home health care services;
(h) Private duty nursing services;
(i) Clinic services;
(j) Dental services;
(k) Physical therapy and related services;
(L) Prescribed drugs, including those dispensed and
administered as provided under ORS chapter 689;
(m) Dentures and prosthetic devices; and eyeglasses prescribed
by a physician skilled in diseases of the eye or by an
optometrist, whichever the individual may select;
(n) Other diagnostic, screening, preventive and rehabilitative
services;
(o) Inpatient hospital services, skilled nursing facility
services and intermediate care facility services for individuals
65 years of age or over in an institution for mental diseases;
(p) Any other medical care, and any other type of remedial care
recognized under state law;
(q) Periodic screening and diagnosis of individuals under the
age of 21 years to ascertain their physical or mental
impairments, and such health care, treatment and other measures
to correct or ameliorate impairments and chronic conditions
discovered thereby;
(r) Inpatient hospital services for individuals under 22 years
of age in an institution for mental diseases; and
(s) Hospice services.
(6) 'Medical assistance' includes any care or services for any
individual who is a patient in a medical institution or any care
or services for any individual who has attained 65 years of age
or is under 22 years of age, and who is a patient in a private or
public institution for mental diseases. 'Medical assistance '
includes 'health services' as defined in ORS 414.705. 'Medical
assistance' does not include care or services for an inmate in a
nonmedical public institution.
(7) 'Medically needy' means a person who is a resident of this
state and who is considered eligible under federal law for
medically needy assistance.
(8) 'Resources' has the meaning given that term in ORS 411.704.
For eligibility purposes, 'resources' does not include charitable
contributions raised by a community to assist with medical
expenses.
SECTION 18. ORS 418.160 is amended to read:
418.160. The Department of Human Services shall have the
responsibility and authority to provide such services as are
necessary to maintain the intent of and compliance with federal
requirements for the { - programs defined - } { + program
described + } in ORS 418.155.
SECTION 19. ORS 418.163 is amended to read:
418.163. The Department of Human Services shall have the
responsibility and authority to provide such services and engage
in such cooperative and coordinated efforts with the Employment
Department and other appropriate agencies as are necessary to
maintain the intent of and compliance with federal requirements
for the { - programs defined - } { + program described + } in
ORS 418.155.
SECTION 20. { + ORS 418.095, 418.149 and 418.185 are
repealed. + }
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