Chapter 412

412.001

(formerly 418.035)

NOTES OF DECISIONS

Where Aid to Dependent Children recipient failed to report she and possible father of child amended child’s birth certificate to name that man as father, evidence supported finding she had failed without good cause to cooperate in establishing paternity. MacCullen v. AFSD, 80 Or App 84, 720 P2d 1318 (1986), Sup Ct review denied

412.006

(formerly 418.040)

NOTES OF DECISIONS

Support services given to facilitate participation in program of employment or self-sufficiency skills development are not assistance or aid. Huxford v. Adult and Family Services Division, 174 Or App 1, 23 P3d 390 (2001), Sup Ct review denied

412.009

(formerly 418.045)

NOTES OF DECISIONS

The states are not required by federal law to allow cash reserves for welfare recipients. Bradford v. Juras, 331 F Supp 167 (1971)

Income tax refunds are properly used in determining need for public assistance. Walker v. Juras, 16 Or App 295, 518 P2d 663 (1974)

412.024

(formerly 418.042)

NOTES OF DECISIONS

Support payments that have been assigned to state are not income to aid recipient until paid to aid recipient by state. Warlick v. Pub. Welfare Div., 29 Or App 21, 562 P2d 223 (1977), Sup Ct review denied

State may only require reimbursement for public assistance given after effective date of this section, but state may seek reimbursement by requiring assignment of present rights to support, including prior unpaid support obligations which have become judgments by operation of ORS 107.135. State ex rel Hansen v. McKay, 31 Or App 631, 571 P2d 166 (1977)

Assignment of rights does not create attorney-client relationship between recipient and Support Enforcement Division attorney. Gibson v. Johnson, 35 Or App 493, 582 P2d 452 (1978), Sup Ct review denied

Recipient of Aid to Families with Dependent Children benefits who assigned her right to receive child support payments to Adult and Family Services Division pursuant to this section was not entitled to notice of regulations and statutes controlling disbursement of support payments prior to agency’s retention of payments. Medsker v. Adult and Family Services Div., 42 Or App 769, 601 P2d 865 (1979), Sup Ct review denied

This section, requiring assignment of accrued support rights as prerequisite to granting aid, was not authority for order conditioning eligibility on assignment of support rights “past, present and future.” Nelson v. Adult and Family Services, 42 Or App 865, 601 P2d 899 (1979)

Assignment of support rights given pursuant to this section includes both prospective and accrued but unpaid support payments, and State is entitled to enforce collection of support rights so assigned against obligor to extent that State has provided aid as defined in [former] ORS 418.035. Butchko v. Butchko, 43 Or App 199, 602 P2d 672 (1979)

LAW REVIEW CITATIONS: 69 OLR 715 (1990)

412.034

(formerly 418.075)

NOTES OF DECISIONS

Regulations under this statute, in so far as they impose greater burdens on welfare recipients than do federal statutes, are preempted by federal laws. Bueno v. Juras, 349 F Supp 91 (1972)

Regulations under this statute that provide for termination of welfare benefits during harvest season when farmers made blanket job offers held to be violation of federal law. Bueno v. Juras, 349 F Supp 91 (1972)

Where Adult and Family Services Division had not adopted rule defining “good cause” for refusing employment, division lacked authority to suspend ADC assistance to recipient who failed to report to job when he was referred by Employment Division. Ortiz v. Adult & Family Services Div., 45 Or App 925, 609 P2d 1309 (1980)

412.074

(formerly 418.130)

NOTES OF DECISIONS

Since this section makes public assistance records confidential to protect recipients from exploitation by third parties, recipients themselves are not within class of persons to whom disclosure is forbidden. Stivahtis v. Juras, 13 Or App 519, 511 P2d 421 (1973)

412.076

(formerly 418.150)

NOTES OF DECISIONS

The states are not required by federal law to allow income disregards for welfare recipients. Bradford v. Juras, 331 F Supp 167 (1971)

412.114

(formerly 418.149)

NOTES OF DECISIONS

Home child resides in may differ from home of parent with legal custody. Primack v. Adult and Family Services Division, 151 Or App 765, 951 P2d 1097 (1997)

This section does not apply to situation where child has two homes. Primack v. Adult and Family Services Division, 151 Or App 765, 951 P2d 1097 (1997)