Chapter 416

416.010 to 416.270

NOTE: Subject sections all subsequently repealed

NOTES OF DECISIONS

Determination by Public Welfare Division that person suffering from excessive alcoholism resulting in paranoid schizophrenia was disabled held sufficient for assessment against parent for charges incurred under this Act. Cannon v. Juras, 17 Or App 193, 521 P2d 9 (1974)

These sections, constituting the former Relatives Responsibility Law, do not violate due process. Reed v. Pub. Welfare Div., 19 Or App 927, 529 P2d 941 (1974)

416.010 to 416.340

LAW REVIEW CITATIONS: 69 OLR 689 (1990)

416.010

NOTE: Repealed as of August 2, 2001

NOTES OF DECISIONS

Person does not qualify as “dependent” unless all criteria listed in definition are met. McDonald v. Pub. Welfare Div., 21 Or App 290, 534 P2d 1158 (1975)

416.030

NOTE: Repealed as of August 2, 2001

NOTES OF DECISIONS

Expulsion from home must be accompanied with bad purpose or wrongful intent on part of parent if child is to be exempt. Cheatham v. Juras, 11 Or App 108, 501 P2d 988 (1972); Cannon v. Juras, 15 Or App 265, 515 P2d 428 (1973)

For purpose of exemption granted child who became dependent child, “wilfully” modifies both “deserted” and “or abandoned.” Mitchell v. Pub. Welfare Div., 19 Or App 689, 528 P2d 1371 (1974)

ATTY. GEN. OPINIONS: Status of responsible relative of needy recipient when responsible relative is also subject to payment of support for another relative in state institution, (1973) Vol 36, p 608

416.050

NOTE: Repealed as of August 2, 2001

NOTES OF DECISIONS

In absence of some compelling reason, proper guide for exercise of discretion to reduce relative’s contribution ought to be scale contained in [former] ORS 416.061. Smith v. Juras, 14 Or App 442, 513 P2d 824 (1973)

416.061

NOTE: Repealed as of August 2, 2001

NOTES OF DECISIONS

Mere offer of assistance does not discharge responsible relative’s obligation to contribute to public assistance granted. Thome v. Juras, 12 Or App 501, 507 P2d 1154 (1973)

LAW REVIEW CITATIONS: 22 WLR 571, 572 (1986)

416.350

(formerly 414.105)

NOTES OF DECISIONS

For purposes of recovering from estate of medical assistance recipient, life estate is valued immediately prior to death regardless of when life estate was created. State Department of Human Services v. Willingham, 206 Or App 156, 136 P3d 66 (2006)

416.400 to 416.470

NOTES OF DECISIONS

DHR could not require custodial parent to reimburse for public assistance provided minor child where child left parent’s home without permission and without cause. Department of Human Resources v. McGraw, 68 Or App 834, 683 P2d 154 (1984), Sup Ct review denied

LAW REVIEW CITATIONS: 69 OLR 692 (1990)

416.422

NOTES OF DECISIONS

Prohibition on collection of “past support” for period before October 1995 does not bar recovery of support qualifying as state debt prior to 1995 amendment. State ex rel Department of Human Resources v. Lewelling, 156 Or App 7, 964 P2d 1104 (1998)

416.430

NOTES OF DECISIONS

DNA testing to establish paternity does not violate state or federal constitutional guarantees against unreasonable search and seizure. Department of Justice v. Spring, 201 Or App 367, 120 P3d 1 (2005), Sup Ct review denied

416.440

NOTES OF DECISIONS

Clerk is required to enter administrative order upon receipt of administrative order and other listed documents, regardless of whether administrative order will require court review to become effective. Wessels and Wessels, 214 Or App 545, 166 P3d 576 (2007)

ATTY. GEN. OPINIONS: Acquisition of judgment debtor’s interest in mutual fund to recover moneys owed state, (1994) Vol 47, p 173

416.510 to 416.610

ATTY. GEN. OPINIONS: Prior right of Motor Vehicles Accident Fund or Adult and Family Services Division to reimbursement for costs of medical services provided indigent, (1980) Vol 41, p 257

416.540

NOTES OF DECISIONS

Where assistance grants were made to children, settlements due parents were subject to lien because “recipient” refers to family unit rather than individuals. Christensen v. AFSD, 122 Or App 71, 857 P2d 162 (1993)

Recovery against settlement of personal injury claim is prohibited except to extent that settling party’s legal liability is related to need for Medicaid-funded treatment. AFSD v. Northland Ins. Co., 139 Or App 92, 911 P2d 942 (1996), Sup Ct review denied

Recipient of settlement for personal injury allegedly related to need for treatment may not assert lack of causation as defense against lien. AFSD v. Northland Ins. Co., 139 Or App 92, 911 P2d 942 (1996), Sup Ct review denied

Medical, surgical and hospital expenses are “incurred” by recipient only to extent that recipient has paid or is legally obligated to pay expenses at time of settlement. King v. Adult and Family Services Division, 142 Or App 444, 921 P2d 1326 (1996)

416.610

NOTES OF DECISIONS

Duty of parents to support children continues after children are committed to secure custody of juvenile authorities. Van Daam v. Hegstrom, 88 Or App 40, 744 P2d 269 (1987), Sup Ct review denied